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HomeMy WebLinkAbout10-15-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER At Large G�NIA`BEq VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERLUCCHI-District 3 0, BARBARA M.HENLEY-District 2 DAVID HUTCHESON-District 1 U `r ROBERT W, "WORTH"REMICK-District 6 tQ DR AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 - JOASHUA F. 'JOASH"SCHULMAN-District 9 °F °°■ ,.. "° CHRIS TAYLOR-District 8 SABRINA D.WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)3854303 C177 ASSESSOR-SUE CUNMNGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS REMIAS October 15,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. COMMUNITY CHAPLAINCY PROGRAM Dr. Barrelevia Evans, Virginia Beach and Hampton Roads Mayoral Commission Dr. Tymon Moore, Virginia Beach and Hampton Roads Mayoral Commission (Requested by Mayor Dyer) B. COASTAL STORM RISK MANAGEMENT STUDY UPDATE 2:00 PM Keith Lockwood, Chief, Water Resources Division—US Army Corps of Engineers Kristin Mazur, Coastal Storm Risk Program Manager—US Army Corps of Engineers C. URBAN FORESTRY& TREE MITIGATION PLAN UPDATE 2:45 PM Michael Kirschman, Director—Parks & Recreation Frank Fentress, Park and Landscape Services Administrator—Parks& Recreation (Requested in FY 2024-25 Reconciliation) II. CITY MANAGER'S BRIEFING A. NIMMO VII-B UPDATE 3:15 PM L.J. Hansen, Director—Public Works Toni Utterback, City Engineer—Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 1, 2024 2. FORMAL SESSION October 8, 2024 H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project I. PUBLIC COMMENT 1. 2025 DRAFT LEGISLATIVE AGENDA J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD City Code Section 17-7 re nighttime use of City Libraries property 2. Ordinance to AMEND City Code Chapter 6, Article 1 re obstructing and contaminating the waterways 3. Resolution to RATIFY amendments to the Community Services Board Bylaws 4. Resolution to DIRECT the City Manager to impose conditions upon the City's future financial support re Something in the Water Festival 5. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road 6. Ordinance to AUTHORIZE temporary encroachments into a 20' City-owned drainage easement and a 5' City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re maintain existing concrete ramp and timber floating dock with a lift, and construct and maintain a vinyl bulkhead (DISTRICT 8) 7. Ordinance to ACCEPT and APPROPRIATE $142,074 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE one (1) full-time position re support substance use disorder clinical services 8. Ordinance to ACCEPT and APPROPRIATE $80,000 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Police Department Operating Budget re purchase equipment to reduce violent crime 9. Ordinance to ACCEPT and APPROPRIATE $74,588 from the United States Department of Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER $24,863 within the FY 2024-25 Police Department Operating Budget to provide the required local grant match re marine patrol equipment 10. Ordinance to ACCEPT and APPROPRIATE $37,431 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2024-25 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing for the Virginia Beach Drug Court 11. Ordinance to APPROPRIATE $4.3-Million of fund balance from the General Fund to the FY 2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project #100664 "Virginia Beach 5/31 Memorial" re construction of the Virginia Beach 5131 Memorial L. PLANNING 1. BEACH FRAMING AND DRYWALL, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re replace an existing mobile home with a single-family dwelling for a parcel directly East of 1924 Gum Bridge Road DISTRICT 2 RECOMMENDATION STAFF - DENIAL PLANNING COMMISSION - APPROVAL 2. SUGAR PLUM, INC. for a Modification of Proffers re bakery specializing in dog treats and similar products at 1361 Laskin Road DISTRICT 6 (Approved February 10, 1998) RECOMMENDATION: APPROVAL 3. FERBER COMPANY CENTRAL, LLC, / LYNNHAVEN BOA L, LLC & LYNNHAVEN BOA Q, LLC for a Modification of Proffers re redevelop the site with an eating and drinking establishment with a drive-thru at 2061 Lynnhaven Parkway DISTRICT 7 (Approved July 14, 1998, September 25, 2001, and September 23, 2003) RECOMMENDATION: APPROVAL 4. 41h GENERATION HOME BUILDERS, LLC for a Conditional Change of Zoning from PD- H1 Planned Unit Development to Conditional A-18 Apartment District (Amendment to Land .Use Plan) re develop a 25-unit residential townhouse condominium community for a parcel on Commuter Drive, directly East of 1436 South Independence Boulevard DISTRICT 10 RECOMMENDATION: APPROVAL 5. MELLIE VALIANOS-REYNOLDS / VALIANOS PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit and a Conditional Use Permit re automobile repair garage at 619 London Bridge Road DISTRICT 3 (Approved 1978) RECOMMENDATION: APPROVAL 6. AARON C. DAVENPORT / AARON & KENDRA DAVENPORT for a Conditional Use Permit re short term rental at 421 22nd Street DISTRICT 6 RECOMMENDATION: APPROVAL 7. TRAVIS SMITH /TRAVIS & ELIZABETH SMITH for a Conditional Use Permit re short term rental at 304 281h Street, Unit 205 DISTRICT 6 RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan,2014 RECOMMENDATION: APPROVAL M. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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 https://clerk.virginiabeach.gov/ciiy- 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 TCheliuskvb ov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vby,ov.webex.com/weblink/register/r28d529dcdO5dfe9e43 I c528f6ef4243c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, October 15, 2024. I. CITY COUNCIL'S BRIEFINGS -Conference Room- 1:30 PM A. COMMUNITY CHAPLAINCY PROGRAM Dr. Barrelevia Evans, Virginia Beach and Hampton Roads Mayoral Commission Dr. Tymon Moore, Virginia Beach and Hampton Roads Mayoral Commission (Requested by Mayor Dyer) B. COASTAL STORM RISK MANAGEMENT STUDY UPDATE 2:00 PM Keith Lockwood, Chief, Water Resources Division—US Army Corps of Engineers Kristin Mazur, Coastal Storm Risk Program Manager—US Army Corps of Engineers C. URBAN FORESTRY&TREE MITIGATION PLAN UPDATE 2:45 PM Michael Kirschman, Director—Parks &Recreation Frank Fentress, Park and Landscape Services Administrator—Parks & Recreation (Requested in FY 2024-25 Reconciliation) II. CITY MANAGER'S BRIEFING A. NIMMO VII-B UPDATE 3:15 PM L.J. Hansen, Director—Public Works Toni Utterback, City Engineer—Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 1, 2024 2. FORMAL SESSION October 8, 2024 H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project Public Notice Proposed Charter Amendment Implement 10-1 Election System On Tuesday,October 15,2023,at 6.00 pm in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter.The following is an informative summary of the proposed amendment. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted,the City Charter will provide for the division of the City into 10 single-member election districts. At the November 2026 general election, the members representing district 2,district 4,district 6,district 8, district 9, and district 10 will be elected. At the November 2028 general election, the members representing district 1,district 3,district 5,district 7, and the mayor will be elected. The mayor will continue to be elected at-large.Each member is elected for terms of four years. The hearing is open to the public and all interested citizens will have an opportunity to be heard.Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at(757)385-4303 If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on October 15,2024. 2. Download WebEx and view the meeting at: httos://vbgov.webex.com/weblinK/registerlr28ci52 9dcd05dfe9e43lc528f6ef4243c If you are physically disabled or visually impaired and need assistance at this meeting please call(757)385- 4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Virginian-Pilot September 30,2024 and October 7, 2024 Public Notice Proposed Charter Amendment Implement 10-1 Election System On Tuesday,October 15,2024,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter.The following is an informative summary of the proposed amendment. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted,the City Charter will provide for the division of the City into 10 single-member election districts. At the November 2026 general election, the members representing district 2,district 4,district 6,district 8, district 9, and district 10 will be elected. At the November 2028 general election, the members representing district 1,district 3,district 5,district 7, and the mayor will be elected. The mayor will continue to be elected at-large.Each member is elected for terms of four years. The hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at(757)385-4303 1. Register with the City Clerk's Office by calling 757- 3854303 prior to 5:00 p.m.on October 15,2024. 2. Download WebEx and view the meeting at: httos:Hvbgov.webex.com/webl in k/register/r28d52 9dccl05dfe9e43lc528f6ef4243c If you are physically disabled or visually impaired and need assistance at this meeting please call(757)385- 4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PIM October 7,2024 ti* vim;'' CHARTER AMENDMENT Ten Single-Member Election System Adopted by City Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:3:1 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit ("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 8 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 and 2024 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven residence districts of approximately equal population which shall be numbered one through ten seven. The council shall consist of eleven members, the mayor elected at large and including the mays one member to be elected by and from each of the ten single-member election districts. the city .,t!ante f om the Feside is of each of the sewe districts and tl,roo o tuber-s and them r to be eleeted by and f m the city t large B. The boundaries and of such districts shall be established by ordinance on before MaFeh 1, 1996,96, and thefeafte the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. C-. The city council ell o laterthan januaty 1 1996 p .c.titie the c Fe it COUFt to OF&an advisery F6ai:endum to b@ held on the question of wh@theF the council membe.r eleeted 4ofn each distfiet shall be eleeted by the qualified votefs of that distt!ict Fa than at large. The woFding of the question shall be deteffnined by majoi:ityvote 0 ei-'y council and sshafl.Ne. i4n.re-111-1ded in the petition. Upon the filing of the petition, the at the municipal elections to be held in May 1996 Sec. 3.01:1. Implementation of districts. A. At the November 2026 NC+y-1 96 general election, the three members representing district 2, district 4, district 6, district 8, district 9, and district 10 shall be elected_by the 6-1. at large from the residents of the Blackwater, Princess Anne, and Virginia Beach boFoughs as such'�aghs existed on january 1,T995. The terms of the members so elected shall commence January 1, 2027 and expire on December 31, 2030. T Tl�e t s rid mayoF ember el ante l l�tr r om the nitt at large cl'ricr v� �zxapv f�zc'i"c Trrcrizvcrcr�cc in May of 1996� shall expire on My ,20v0. B. At the November 2028 general election,.in May of 1 oosz the members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_ at large f„m distfiet nuffibered one through three shall be elected for tefms of two years and th tubers elected at large fFem d str.cts n mbe-Fell four hrough seven shall be elected foF terms of foui:years. The terms of the members so elected shall commence January 9 1, 2029 and expire on December 31, 2032. two eouneilme bens eieeted by and from the eity at large in Mayof 1998 shaR pnn o July 1 7002 Therea fter C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Pursuant nab t„ ,1i,, adopted i4 en-J n 2� 2006 City council t cv-itir-vicsrnt'kI�C c C C-6iiirc v June �zvv� regu�elections shall take place at November general elections. "Frog the genera eleein November-2008, and during the November-general eleetion in even yeaFs , eeun64 members whose tenns expire at the end of Peeeffibei:of that year. Council members}cludingthe terrn fJune 30, 2008,or-1une 30, 2010, sha44 continue in offiee un64 theif Successors have been eleeted at the NevembeF eleetion january I next following the date of eleetion and sha4l continue until his sueeesseF has been. duly elected and .,ua4i +oa Each candidate shall state, at the time of filing, whether he is running at from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run for-one e the-at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councils member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a council member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councils member's intention to run for mayor, shall require no formal acceptance by the remaining councils members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the mayor's intention to run for one of the single-member election districts, shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered. The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Couneg member resignation to mn for new seat. (a) in the event that any eoun64 member-fiem one of the r-esidenee districts sha4l deeid during his term of offiee to be a eandidate for-an at large seat, the eeunei4 member- shaJ4 10 tendet:his F 9 a council membet:not less than 10 days prior-to the date the f4ing of petitions as Fequir-ed by general law. Such resignation sha]4 be eff-ective on Pecembef 31, shall constitute the council member's intention to fun fof the at 1-b- be- final and iFFe-voeable when tend@Fed. The unexpiFed portion of th@ teFm of any council membe-F who has Fesigned to Fun for an at large seat shall be filled at the same general election, eF by special election if the at lar-g@ seat is to be fi4led by special election. (b) in the event that any council member- fFom one of the at large seats shall decide du i his term of office to be a candidate for a residence distfict seat, the council Member shall teadeF his Fesignation as a council m@n+beF not less than 10 days prioF to the fOF the filing of petition, -d by geneFal law. Such Fe-signation shall be off-ec on Peeemb@F 3 1, shall constitute the council memb@F's int@ntion to ran for-the membPfs, and shall be final and i ffevoeable when a idef `1 expired pvrcivirvi the term of any council membeF who has fesigned to Fun fE)F a Fesidenee distFiet seat shall be filled at the same gefteFal election, or-by special election if the F-esideflee di-I. soar ;s to be filled by special election, 11 M Jai yy,R PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,October 15,2024 in the City Hail Building(Building#1)at the Municipal Center, Virginia Beach, Virginia on the proposed acquisition, by agreement or condemnation, of the permanent and temporary easements necessary for the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A(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 3854303;Hearing Impaired,call 1-800-828.1120(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of 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 757-3854303 prior to 5:00 p.m.on October 15,2024. 2. Download WebEx and view the meeting at: httos,//vbgov.webex.com/web I i nk/reeister/r28d529dcd05df e9e431c528f6ef4243c All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-OCTOBER 6,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of permanent and temporary easements for the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A, either by agreement or condemnation PUBLIC HEARING DATE: October 15, 2024 MEETING DATE: November 12, 2024 ■ Background: The Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A (the "Project") aims to improve twenty (20) existing Hampton Roads Transit ("HRT") bus stops across the City. The planned improvements include the installation of concrete pads and shelters at each roadside location to provide better amenities for citizens. Additionally, some sites will undergo sidewalk expansion to improve pedestrian connectivity, ensuring that these bus stops are easily accessible for all users. The Project is part of a broader program to systematically upgrade bus stop facilities throughout the City (the "Program"). The purpose of the Program is to enhance the overall infrastructure, including the installation of shelters, benches, sidewalks, ADA- compliant access ramps, and the necessary earthwork and roadway alterations to support these improvements. The Program also considers potential traffic control measures during construction to minimize disruption and ensure safety. By investing in these upgrades, the City aims to provide a more accessible, connected, and user- friendly transit experience for HRT customers. Improving bus stop infrastructure is vital for promoting public transportation usage and ensuring that it remains a viable option for all residents. Project enhancements will significantly improve the accessibility, safety, and comfort of the bus stops, making public transit more appealing and convenient. Moreover, the addition of shelters and improved pedestrian connectivity will protect passengers from the elements and provide safer walking paths, contributing to a more efficient and reliable public transportation system that supports the City's goals for sustainable urban mobility. ■ Considerations: The Project will require the acquisition of permanent and/or temporary easements from 17 properties. No residences or businesses will be displaced by the Project. Authority is requested to acquire the necessary easements by agreement or condemnation. ■ Public Information: A notice of willingness to hold a public meeting was published on January 27, 2024 and February 10, 2024, but there were no requests for a meeting so no meeting was held. A public hearing was held on October 15, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance and risk delaying the Project. ■ Recommendation: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate k . City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE BUS 4 STOP INFRASTRUCTURE AND 5 ACCESSIBILITY IMPROVEMENTS PHASE 9A 6 PROJECT, CIP 100050.009A, EITHER BY 7 AGREEMENT OR CONDEMNATION s 9 WHEREAS, the Bus Stop Infrastructure and Accessibility Improvements Phase 9A 10 Project, CIP 100050.009A (the "Project"), is a roadway improvements project to improve 11 public accessibility, transportation and safety within the City; and 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 accessibility, transportation and safety within the City and for other related public purposes 16 for the preservation of the safety, health, peace, good order, comfort, convenience, and for 17 the welfare of the people in the City of Virginia Beach; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1 . That the City Council authorizes the acquisition by purchase or 23 condemnation pursuant to Sections 15.2-1901, et seq., Section 15.2-2109, and Title 25.1 of 24 the Code of Virginia of 1950, as amended, of all those certain temporary and permanent 25 easements (the "Property"), as shown on the Project plans entitled "BUS STOP 26 INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS PHASE 9A PWCN-24-0029 27 CIP 100050.009A" and more specifically described on the acquisition plats for the Project 28 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 29 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 2024. CA16570 PREPARED: 8/27/2024 R-1 \\Vbgov.com\dfs1 Wpplications\CityLaw\Cycom32\WPDOCS\D004\P046\00990391.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL }f, SUFFICIENCY AND FORM 1 PVBLIdWORKS/REXL ESTATE CITY TORN Y J �r s '6 R � t 4 s �R �` ax z Oro s mom i6d, WOW IV '`• F O A P A<'V Z '��,,, •uARTL,RPA�T�� . p rp�.Y�1-N GATE 0 e A Legend SHEET, 1"OF 8 ®Bus Stop Project Areas BUS STOP INFRASTRUCTURE AND City Property ACCESSIBILITY IMPROVEMENTS .�►City of Virginia Beach Boundary /0 300 600 PHASE 9A Feet . PROJECT CI P 100050.009A , .t TM r >. 4 P �O 9 O 11 ILE, `L s At Al ti r e t� a Al 41' V +k4K �. 14 Legend SHEET�2 OF 8 Bus Stop Project Areas BUS STOP INFRASTRUCTURE AND J• � �! 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PUBLIC COMMENT 1. 2025 DRAFT LEGISLATIVE AGENDA • • uk i I ma ry. r AL i! lk m n. r, SESSION2025 Proposed October 2024 Ji,u: Table of Contents POLICY PRIORITIES 3 Affordable Housing 3 Economic Development 3 Education 4 Energy 4 Fiscal Responsibility and Budget Impacts 5 Flooding and Stormwater 5 Land Use 6 Public Safety 6 Transportation 7 CITY CHARTER AMENDMENTS 8 Ten Single-Member Election System Adopted by City Council 8 VIRGINIA CODE AMENDMENTS 12 Amend Code to Reflect Election System Adopted by Council 12 "Good Friday" First Responders Fund 14 ABC Store Larcenies 15 Increase the Fire Programs Fund 16 Property Title Report in Eminent Domain Proceedings 17 Obstruction of Right-of-Way Violations 18 Low-impact Utility Markings 19 RESOLUTION 20 Zero Waste Awareness Week 20 STATE BUDGET REQUESTS 21 Commonwealth Individual Assistance(IA) Program Study 21 Virginia Aquarium & Marine Science Center Renovation/Expansion 22 2 o� POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges, the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports the renewal of the Virginia Housing Opportunity Tax Credit that is set to expire in December of 2025 and an increase in the annual cap from $60 million to $100 million. • The City of Virginia Beach supports the passage of a Constitutional Amendment that gives localities, at their discretion, the authority to create tax abatement programs to support affordable housing projects. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of Hampton Roads. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy for redevelopment and revitalization, including additional funding for the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund. • The City of Virginia Beach requests support from the General Assembly to increase access to affordable childcare. 3 POLICY PRIORITIES Education The City of Virginia Beach seeks to support the Virginia Beach School Board's efforts to enhance educational resources, teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 MARC study regarding Virginia's K-12 Funding Formula, including eliminating staffing caps and addressing compensation gaps for teachers and support staff. • The City of Virginia Beach supports efforts by the General Assembly to provide additional funding to support school construction. As construction costs continue to increase, it is critical that localities have support from the Commonwealth to continue to modernize our school facilities. Energy The City of Virginia Beach seeks to establish a forward-looking multi-pronged energy policy designed to enhance energy sustainability, reliability, and resilience. This policy aims to integrate renewable energy sources, improve energy efficiency, and prepare for future energy demands while reducing the city's carbon footprint. • The City of Virginia Beach supports efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy projects have on communities and localities. Because of these potential impacts, the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 z j)) POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing the source with a sustainable revenue source of equal rate. • The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates. City staff have identified more than 75 mandates from the state and federal governments that have created an unfunded burden of more than$125 million annually. • The City of Virginia Beach requests that the Commonwealth provide financial support to fill the gaps created by the Commonwealth for the Veterans 100% disabled tax relief program. • The City of Virginia Beach requests that the General Assembly provide local government essential taxing and regulatory authority, as they create new revenue streams for Commonwealth. Flooding and Stormwater The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events and climate change. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large-scale flood relief projects. Multiple localities in the Hampton Roads region will soon join the City of Norfolk with a completed U.S. Army Corps (USACE) Coastal Storm Risk Management(CSRM) study and with tens of millions of dollars in obligated matching funds to implement the coastal resilience solutions that are developed by the studies. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund(SLAF) for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund and requests that the fund provide funding through grants rather than loan programs. 5 _i 44 i ,.ys POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police, fire, and emergency medical services. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology and support expanding local authority to install speed enforcement cameras beyond school and construction zones. • The City of Virginia Beach supports Commonwealth-wide efforts to provide annual cancer screenings for career and volunteer fire fighters. 6 M✓ 1� POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi-modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to improve sustainability in transportation infrastructure projects. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit to protect and enhance transit programs and funding including appropriate essential, consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. 7 JJ •ry CHARTER AMENDMENT Ten Single-Member Election System Adopted by City Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:3:1 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 8 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 and 2024 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election Seven resi efl^e districts of approximately equal population which shall be numbered one through ten seven. The council shall consist of eleven members, the mayor elected at large and i _'_da ng the mayor-, one member to be elected by and from each of the ten single-member election districts. the eity at large from the residents ef eaeh of the seven dist-fias and three member-s and the mayor-to be elected by and from the city at large. B. The boundaries and nafnes of such districts shall be established by ordinance on a before Mar-Eh 1�and ther-ea4 the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. Q The than Ta 1 1996, t;t;.,,., the t rt tom, .ier El�-E���3 , �e�azurr�urrlxikry--�r.�pccrcrorrcrn�sci'rrrcourrcovicccr an adviser-y referendum to be held on the question of whether-the couneil MeMbe than-ar large. The weEding of the question rshall ve acccnriarccr-o7-zirajvrzcy-vvcc-vx-the ;ty l ,,;1 .,,..,i shall be ; ,.1.,de.1 i the petition. TTr.o the Fling of the petit;.-.., the eifeuit eetw shall or-4er-that an adviseFy referendum be held en the question in the at the m-unieipaleleefiens to be held i May 1996 Sec. 3.01:1. Implementation of districts. A. At the November 2026 May 1996 general election, the three-members representing district 2, district 4, district 6, district 8, district 9, and district 10 shall be elected_by4he bareughs-ate such beFeughs existed on januaff 1, 1995. The terms of the members so elected shall commence January 1, 2027 and expire on December 31, 2030. Ay-T 1998. The terms ef the mayor and eeunei4member-eleeted by and fiem the e4y at large B. At the November 2028 general election,.i., -May of 1004, the members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_ at large distria number-ed one thfough thfee shall be elected for-terms of twe yeafs and the r terHis of four-years. The terms of the members so elected shall commence January 9 1, 2029 and expire on December 31, 2032. two jQjJ2 ed by afi the e4y at large-in May of 1998 shall expife-o T�1, 2002. Thereafter-, C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Pursuant to an or-dinanee adopted-b on junei-7, 2006,City council regular elections shall take place at November general elections. during the genera' eleet ^� in November-2008, and during the Nevembef general eleefien in even years thereafter-, fef eA11ae 1 ,..,h,e,.s ,,.hose te,.ms exp4e at the ra ^fro mbe fthat. Co ei member-s> ineluding the Fnayer, whese terms expire as of june 30, 2008, , shall eentinue in effiee until thek sueeessers ha-ve been eleeted-at the INA-vem-b e-r-e I e e 6 A-:-R- and take effiee en januafy 1. The teFm of office for each eounei4member shall conmnenee on dialy eleL4ed and qualified. Each candidate shall state, at the time of filing, whether he is running a4 large,from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run oaf the-at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councilman member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilrs member's intention to run for mayor, shall require no formal acceptance by the remaining councilrr-eft members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31. shall constitute the mayor's intention to run for one of the single-member election districts, shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered. The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. . (a) in the event that any eeunei4 mefnber-ffem one of the r-esidenee distfiets shall deeide 10 tt2:p d pv h k 4: ,— ,. 1 a eeuneil member-not less than 10 4ays pr-iE)r-to the date fe be final and iffewwable when ten4er ac empae4 peftion of term of any eeuneil member-whe has resigne4 to Fun for-an at large seat shall be Qed at the same oleo (19,) in the event that any eauneil member-ffem ene ef the at large seats sha14 deei4e 4ur-ing shal4 tender-his r-esignation as a eeunei4 member-net less than 10 days prior-te the date r-esidenee dist+iet seat, shall require no feFmal aeeeptaneeby the remaining eaune neat is to be gled by speeial eleaiea. 11 s 'aL ti 4' VIRGINIA CODE AMENDMENT Amend Code to Reflect Election System Adopted by Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. Request: Because a change to a locality's Charter requires a two-thirds vote of the General Assembly and a general law change to the Virginia Code requires a majority of the members of the General Assembly, the City Council requests that a dual track be taken to updating the City's election system to better ensure that a proper update is made ahead of the 2024 election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be amended, with language to supersede a local charter, to reflect the City's ten single-member district system. 12 Proposed language: Amend Virginia Code Section § 15.2-1400. Governing Bodies. G. Notwithstanding any other provision of law,general or special, the governing body of a locality that has been subject to a court order imposing a remedial election system under either the federal Voting Rights Act of 1965 or Chapter 1.1(§24.2-125 et seq.)of Title 24.2, even if such order is later vacated, may adopt an ordinance to convert one or more at-large seats of such body to single-member districts, provided that the governing body also adopts and implements the remedial election system contained in the court order. Members of such governing body in office on the effective date of such ordinance shall complete their terms of offrce. 13 V I w -� RGINIA CODE AMENDMENT "Good Friday" First Responders Fund Background: On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia Beach first responders and employees were quickly on the scene of what came to be known as the Good Friday miracle as there were no fatalities from the event despite the apartment complex housing more than 100 residents. During this event, City staff were likely exposed to burning composite materials like carbon fibers and other toxins released from the burning fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever chemicals" including perfluorooctane sulfonic acid(PFOS) and aqueous film forming foam (AFFF), called forever chemicals because these toxic materials do not leave your system. Research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Earlier this year, the City provided a voluntary Galleri Cancer Screening, an advanced type of testing that screens for more than 50 types of cancers, where 538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the Fire Department due to their heightened risk of developing occupational cancer and the existence of a presumption that many cancers are work related and can be a compensable claim under Virginia Worker's Compensation. Request: The City Council requests that the General Assembly create and fund the "Good Friday" First Responders Fund to support annual health monitoring and cancer screenings to all Virginia Beach employees who worked the crash scene and to provide additional support for out-of-pocket health care costs and other service gaps that may arise for these heroes. 14 N, 4 Y h VIRGINIA CODE AMENDMENT ABC Store Larcenies Background: In recent years, larcenies and shoplifting cases at Virginia ABC stores have significantly increased across the Commonwealth and now represent a disproportionate percentage of Part I crime and a grossly disproportionate percentage of property crime in several cities. These larcenies accounted for 23% of all shopliftings in Virginia Beach for 2023 and for 2024 year-to-date, the percentage of all shopliftings from ABC Stores is currently sitting at 26%. Law enforcement resources are disproportionately expended when deploying to these cases and when follow-up investigations of Virginia ABC larcenies need to occur. Liquor theft falls squarely in the Virginia ABC Bureau of Law Enforcement's area of concern. Their agents are well qualified to investigate these crimes and well situated to influence needed changes in their retail sector's protection of liquor inventory. Request: The City Council requests that the General Assembly designate the Virginia ABC Bureau of Law Enforcement as the primary law enforcement agency responsible for reporting and investigating crimes. Proposed language: Amend Virginia Code Section § 4.1-105. Police Power of Members, Agents, and Employees of Board. A. Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of(i)this subtitle and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, city, or town; (ii) § 3.2-4207; (iii) § 18.2-246.14; (iv) § 18.2-371.2; (v) § 58.1-1015; (vi) § 58.1-1017; and(vii) § 58.1-1037. B. The Board, its agents, and employees so designated shall serve as the primary law enforcement agency for reporting,pursuant to§52-28, and investigating crimes and offenses under Title 18.2, Chapters 5 and 6, that occur on its properties, whether owned or leased. C. Nothing contained in this subtitle shall be construed as a restriction or limitation upon any powers that the Board of Directors of the Authority might otherwise have under any other law of the Commonwealth. 15 rsnj"'�KI a VIRGINIA CODE AMENDMENT Increase the Fire Programs Fund Background: The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire- related insurance coverage. The Fund is used to provide an annual population-based allocation to localities throughout the Commonwealth, through the Aid to Localities Program(ATL). Funding supports the critical needs of Virginia Fire Departments, but with the significant rise in the cost of equipment and fire apparatus, the funding is no longer sufficient. According to a study conducted by the Virginia Fire Programs, across the Commonwealth calls for service have increased by 40% over the last three years while funding at the state level has remained relatively stable for 20 years. The last increase in the Virginia Fire Programs Fund occurred in 1995, going from .8% to 1%. Request: The City Council requests that the General Assembly increase the annual assessment levied on businesses that sell fire insurance premiums from the amount of one percent of the total direct gross premium income for such insurance to one and a half percent. Proposed language: Amend Virginia Code Section § 38.2 Insurance, Chapter 4. Assessment for Administration of Insurance Laws and Declaration of Estimated Assessments by Insurers § 38.2-401. Fire Programs Fund: The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in § 38.2-1921 that contain insurance as defined in§§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one per-eent one and one halfpercent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2-403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of$100, there shall be so apportioned and assessed against such company a contribution of$100. 16 VIRGINIA CODE AMENDMENT Property Title Report in Eminent Domain Proceedings Background: Virginia Code section 25.1-204(D)provides the elements for a bona fide offer, which must be followed by condemning authorities when private property needs to be acquired for public projects. This code section was modified in 2022 by Senate Bill 694. The 2022 amendments added requirements to the acquisition process related to title of the subject property. The new requirements are worded in a manner inconsistent with the body of the statute and have led to confusion. Historically, when a condemning authority made its bona fide offer to a landowner, it was required to obtain a title report and provide the report to the landowner. The modified statute now specifies that(1) the title examination shall be for at least 60 years, and(2) requires that copies of all recorded documents be provided to the landowner. However, it is unclear from the statute whether the requirement to provide copies of the recorded documents pertains to every document identified through the 60-year history of the property, or whether the requirement pertains to the documents identified in the title report. Request: City Council requests that the General Assembly make a minor modification to Va. Code Section 25.1-204(D)(iii)that will clarify that the documents to be provided to the landowner should be those listed in the title report. Proposed language: Amend Virginia Code Section § 25.1-204(D). Effort to purchase required; prerequisite to effort to purchase or filing certificate. D. Notwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a fee simple interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or§ 33.2-1019, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of each owner of such property and to determine the nature and extent of such owner's interests in the property, which examination of title shall be for at least 60 years; (ii)provide to such owner or owners a copy of the report showing the examination of title; and(iii)provide to such owner or owners a copy of all recorded instruments within 60 yeaF tide histeFy of sueh pr-apefty, ineluding a14 deeds of tpast, releases, liens, deeds, 0 other-inst ,meats identified in the report showing the examination of title. 17 VIRGINIA CODE AMENDMENT Obstruction of Right-of-Way Violations Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety related offenses and violations during the pendency of a court hearing or other final disposition. 18 N✓ L VIRGINIA CODE AMENDMENT Low-impact Utility Markings Background: Members of City Council and community stakeholders have previously shared concerns regarding the number of unsightly utility markings on the sidewalks and streets, especially within the resort area, and have requested updates to regulations or policies to discourage the use of long-lasting paint/marking products. State law currently requires all underground utilities be marked per American Public Works Association standards prior to commencement and for the duration of a construction/excavation project. The City of Virginia Beach has made strides in trying to reduce and eradicate the markings, including developing new guidelines and investing in the additional staff and equipment needed to remove them, however, the number of utility markings remains a concern. Request: The City Council requests that the General Assembly grant localities the authority, by ordinance, that would require the use of low-impact markings when identifying utility locations and the authority to designate that a private developer is responsible for removing the markings once the project is complete. 19 RESOLUTION Zero Waste Awareness Week Background: On Aug. 8, 2023, the Virginia Beach City Council signed a resolution that recognizes the first full week of September as Zero Waste Awareness Week on the recommendation of the Virginia Beach Clean Community Commission(VBCCC). Request: The City Council requests that the General Assembly pass a resolution declaring the first full week of September as Zero Waste Awareness Week. Proposed Language: Whereas the first full week of September is recognized internationally as Zero Waste Awareness week; and Whereas the definition ofzero waste is 'producing little or no waste",•and Whereas the Commonwealth of Virginia wants to encourage citizens to waste less by refusing, reducing, reusing, recycling and repurposing,and Whereas the Commonwealth of Virginia realizes that zero waste will benefit the environment and land in the Commonwealth;and Whereas the Commonwealth of Virginia acknowledges that zero waste will save the citizens of Virginia financially;and Whereas the Commonwealth of Virginia challenges all businesses in its community to engage its employees and citizens to be more mindful regarding ways to decrease waste;and Whereas the Commonwealth of Virginia encourages all state agencies to participate during Zero Waste Awareness Week by educating its citizens on ways to reduce waste; and Therefore, the Commonwealth of Virginia will designate the first full week of September as Zero Waste Awareness week where it invites all its citizens to engage in education and action toward a zero waste society. 20 „,, STATE BUDGET REQUEST Commonwealth Individual Assistance (IA) Program Study Background: The 2023 Great Neck Tornado highlighted a gap in the Commonwealth's ability to support individuals and households recovering from non-federally declared disasters. Most disasters do not reach the thresholds required to activate federal disaster assistance, as was the case with the Great Neck Tornado. Individual Assistance (IA)programs provide direct assistance to individuals and households impacted by a disaster so they can begin their recovery. Currently, the Federal Emergency Management Agency(FEMA) manages an IA program, which is only available to disaster survivors after a federal disaster declaration is issued under the Stafford Act. Over the past 20 years, Virginia has requested an Individual Assistance declaration for over 30 disasters; however, only nine requests were awarded federal IA funding. Without a state-level IA program, communities across Virginia are left with very few resources to help repair or rebuild their homes and begin the recovery process. This gap places additional economic burdens on the individual and their communities. In the Commonwealth's 2022-2024 Budget, the Virginia Department of Emergency Management(VDEM)requested funding to conduct a Commonwealth Individual Assistance Program Study, the crucial first step in creating a state-level IA program. Unfortunately, this request was not funded. Requests: The City of Virginia Beach supports the Virginia Department of Emergency Management's request of budget support to conduct a Commonwealth Individual Assistance Program Study 21 i STATE BUDGET REQUEST Virginia Aquarium & Marine Science Center Renovation/Expansion Background: The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia Beach and the Commonwealth, providing a world class tourism attraction, exciting hands- on education opportunities for students around the region, and support for sea animal rescue and rehabilitation across much of the East Coast. It is the third most visited attraction in the Commonwealth, behind only amusement parks Kings Dominion and Busch Gardens. According to a recent economic impact analysis, the Virginia Aquarium contributes more than $277 million in economic activity each year supporting more than 3,300 jobs. These impacts provide more than $7.6 million in annual tax revenues for the City of Virginia Beach and an additional$9+ million in annual tax revenues for the Commonwealth of Virginia. Unfortunately, the infrastructure is aging and nearing the point where it needs to be replaced. For example, the main building is more than 37 years old, and the seal, turtle, and shark habitats have reached end-of-life. For the protection of these animals, the habitat must be replaced in the coming years, or the animals will have to be transferred to another facility. The Virginia Aquarium Foundation is setting course for an ambitious capital improvement project that will allow the aquarium to continue to operate and generate economic activity for the Commonwealth and keep the animals safe while expanding its footprint and creating new updated exhibits for visitors that will draw larger crowds, and economic impact, in the future. Request: The City Council requests support from the General Assembly for the Virginia Aquarium & Marine Science Center's renovation/expansion of aging infrastructure. The Virginia Aquarium would utilize resources from the Commonwealth in their overall strategy in seeking funds through the Federal Government along with City and private funding. 22 Brent McKenzie Legislative Affairs Director 757-837-9572 I bmckenzie@vbgov.com Office of the City Manager I Municipal Center Bldg 1 2401 Courthouse Drive I Virginia Beach,VA 23456 virginiabeach.gov J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD City Code Section 17-7 re nighttime use of City Libraries property 2. Ordinance to AMEND City Code Chapter 6, Article 1 re obstructing and contaminating the waterways 3. Resolution to RATIFY amendments to the Community Services Board Bylaws 4. Resolution to DIRECT the City Manager to impose conditions upon the City's future financial support re Something in the Water Festival 5. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road 6. Ordinance to AUTHORIZE temporary encroachments into a 20' City-owned drainage easement and a 5' City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re maintain existing concrete ramp and timber floating dock with a lift, and construct and maintain a vinyl bulkhead (DISTRICT 8) 7. Ordinance to ACCEPT and APPROPRIATE $142,074 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE one (1) full-time position re support substance use disorder clinical services 8. Ordinance to ACCEPT and APPROPRIATE $80,000 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Police Department Operating Budget re purchase equipment to reduce violent crime 9. Ordinance to ACCEPT and APPROPRIATE $74,588 from the United States Department of Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER $24,863 within the FY 2024-25 Police Department Operating Budget to provide the required local grant match re marine patrol equipment 10. Ordinance to ACCEPT and APPROPRIATE $37,431 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2024-25 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing for the Virginia Beach Drug Court 11. Ordinance to APPROPRIATE $4.3-Million of fund balance from the General Fund to the FY 2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project #100664 "Virginia Beach 5/31 Memorial" re construction of the Virginia Beach 5/31 Memorial u e� �" Hl rS y �gg, 2) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add City Code Section 17-7 Pertaining to Nighttime Use of City Libraries MEETING DATE: October 15, 2024 ■ Background: The Virginia Beach Public Library ("VBPL" or "Library") has ten branches and serves more than 1,000,000 customers annually through a variety of means: in person at libraries, online, and by drive-through and outreach services. VBPL's circulation is 2,184,928 annually, including 1,466,727 print and 718,201 digital checkouts. VBPL's online services attract a combined 593,970 uses per year. In the 2022 resident survey, 69.4% of respondents said they had visited a Library branch in the past year, with 90% of respondents rating the overall quality of Library services as "excellent" or "good." In recent months, the VBPL has seen an increase in individuals parking, sleeping, and camping overnight on Library property. Some remain for many days and inhabit inoperable vehicles. An individual recently reported being physically attacked while sleeping overnight outside at the Central Library. An increase of individuals in vehicles, parking lots, and on VBPL property after hours has led to an increase in trash and biohazardous materials. This presents a threat to the health and safety of VBPL patrons and staff. ■ Considerations: The City has attempted to assist individuals parking, sleeping, and camping on Library property by offering services through the City's Departments of Human Services and Housing and Neighborhood Preservation. These efforts have largely been unsuccessful because individuals often decline services. To address health and safety concerns, VBPL requests a new City Code section prohibiting individuals from remaining upon or entering upon Library property for more than a total of thirty minutes between the hours of 8:00 pm and 8:00 am. Library property is defined in the new code section to include Library grounds and parking areas. Police are authorized to enforce the new code section and violators may be guilty of a Class 4 misdemeanor and subject to a fine of not more than $250. As with other areas of enforcement of similar laws, voluntary compliance is a preferred outcome. ■ Public Information: Public information will be provided through the normal Council agenda process. This topic was briefed to the City Council at its August 13, 2024, Informal Session. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: f1W 1 AN ORDINANCE TO ADD CITY CODE SECTION 17- 2 7 PERTAINING TO NIGHTTIME USE OF CITY 3 LIBRARIES 4 5 SECTION ADDED: § 17-7 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 17-7 of the Code of the City of Virginia Beach, Virginia, is hereby 11 added and reordained to read as follows: 12 13 Sec. 17-7. Nighttime use of city libraries. 14 15 (a) Any person who remains upon or enters upon any city library property between the 16 hours of 8:00 pm and 8:00 am for more than a total of thirty minutes shall be quilts 17 of a Class 4 misdemeanor. 18 19 (b) This section shall not apply during city-sponsored events or events authorized by 20 city permit nor shall it apply to any city employee or authorized agent while in the 21 performance of official duties. 22 23 (c) As provided by Code of Virginia § 15.2-1124, city library property is under city 24 police jurisdiction for the enforcement of this section pertaining to the use and 25 occupancy thereof. 26 27 (d) For the purpose of this section "city library property" means any city-owned and 28 operated property open to the public for general library-related usage, including, 29 but not limited to city library grounds and city library parking areas. The term "city 30 library property" shall not include the Joint-Use Library located at 1700 College 31 Crescent in Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Libraries City Attorney's Office CA16535 R-2 October 9, 2024 � s x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Chapter 6, Article I of the City Code, Pertaining to Obstructing the Waterways and Contaminating the Waterways MEETING DATE: October 15, 2024 ■ Background: The proposed ordinance amends existing Virginia Beach City Code section 6-27, and adds new sections 6-34 and 6-35, conforming the City's current ordinance to existing state law and adding new provisions that mirror existing state law. These amendments and additions offer alternative enforcement authority for obstructions, contamination, and trash within our waterways. ■ Considerations: Staff in Public Works, Police, Housing & Neighborhood Preservation, Parks and Recreation, Community Affairs, and the City Attorney's Office have been working with the community, state and federal government, and area nonprofits to address abandoned vessels, derelict vessels, trash and other debris within our waterways. Abandoned and derelict vessels, trash, and other contamination pose a threat to our shared priority of maintaining safe, healthy, and beautiful waterways. Proactive removal of these vessels, trash, and debris is critical for getting ahead of hazardous conditions created by degrading metals, leaking mechanical fluids, and even human waste. ■ 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 and Police Department City Manager: 1&1-2 1 AN ORDINANCE TO AMEND CHAPTER 6, 2 ARTICLE I OF THE CITY CODE, PERTAINING 3 TO OBSTRUCTING THE WATERWAYS AND 4 CONTAMINATING THE WATERWAYS 5 6 SECTION AMENDED: § 6-27 7 8 SECTIONS ADDED: §§ 6-34, and -35 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Section 6-27 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained and Sections 6-34 and 6-35 are hereby added as follows: 15 16 Sec. 6-27. Removal or repair of dangerous or obstructing structures or vessels. 17 (a) Whenever the director of public works or his agent shall be of the opinion that any 18 vessel which has been abandoned or any wharf, pier, piling, bulkhead or any other 19 structure or vessel might endanger the public health or safety of other persons, or 20 might constitute an obstruction or hazard to the lawful use of the waters within or 21 adjoining the city, he shall ascertain the lawful owner of such property and notify 22 such owner in writing, by certified mail, to remove, repair or secure such wharf, pier, 23 piling, bulkhead or other structure or vessel within twenty-one (21) days. If the lawful 24 owner of such property fails to remove, repair or secure the same within thirty(80) 25 twenty-one (21) days of the date of mailing of such notice, the city, through its own 26 agents or employees, may remove, repair or secure such property. 27 (b) In the event the city, through its own agents or employees, removes, repairs or 28 secures any wharf, pier, piling, bulkhead or other structure or vessel, after complying 29 with the notice requirements of subsection (a) above, the cost or expense thereof 30 shall be chargeable to and paid by the owner of such property and, to the extent 31 applicable, may be collected by the city as taxes and levies are collected. 32 (c) If the identity or whereabouts of the lawful owner of any property referred to in 33 this section is unknown or not able to be ascertained after a 34 reasonable search and after written notice has been mailed to the last known 35 address of any known owner, the city, through its own agents or employees, may 36 repair or remove such wharf, pier, piling, bulkhead or other structure or vessel, after 37 giving notice by publication twice in a newspaper 38 of general circulation in the area where such property is located. with the first notice 39 appearing no more than twenty-eight (28) days before and the second notice 40 @ppearing no less than seven 7; days before proceeding with repair or removal. 41 (d) Every charge authorized by this section with which the owner of any such property 42 shall have been assessed and which remains unpaid, to the extent applicable, shall 43 constitute a lien against such property, and such lien shall be recorded in the 44 judgment lien docket book in the circuit court of the city. Such lien may be released 45 reduced to a personal judgment against the owner. 46 (e) Any property owner aggrieved of a determination 47 his agent under this section may appeal such determination to the city manager or 48 his designee, in writing, within fifteen ten 10 business days of the date on 49 which such determination was mailed. The city manager or his designee shall 50 schedule a hearing of such appeal on a date not later than teR (10)five 5 business 51 days after the filing of the appeal; provided, however, that such hearing may, at the 52 discretion of the city manager or his designee, be rescheduled for good cause 53 shown. The director of public works or his agent shall take no action otherwise 54 permitted under this section during the pendency of such appeal. 55 56 Sec. 6-34. Obstructing or contaminating waterways. 57 (a) Except as otherwise permitted by law, it shall be unlawful for any person to dump, 58 place or put or cause to be dumped, placed or put into, upon the banks of or into 59 the channels of any waters within or adjoining the city any object or substance, 60 noxious or otherwise which may reasonably be expected to endanger, obstruct, 61 impede contaminate or substantially impair the lawful use or enjoyment of such 62 waters and their environs by others. Any person who violates any provision of this 63 law shall be quilts of a Class 1 misdemeanor. Each day that any of said materials or 64 substances so dumped placed or put, or caused to be dumped, placed or put into, 65 upon the banks of or into the channels of, said streams shall constitute a separate 66 offense and be punished as such. 67 (b) In addition to the foregoing penalties for violation of this law, the fudge of the circuit 68 court of the locality wherein any such violation occurs, whether there be a criminal 69 conviction therefor or not shall, upon a complaint filed by the city attorney or by any 70 person whose property is damaged or whose property is threatened with damage 71 from any such violation award an injunction enjoining any violation of this law by 72 any person found by the court in such suit to have violated this law or causing the 73 same to be violated, when made a party defendant to such suit. 74 75 Sec. 6-35. Throwing trash, etc., into or obstructing river, creek, stream, or swamp. 76 (a) It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree 77 laps logs or fell timber or make or cause to be made any obstruction which exists 78 for more than a week (excepting a lawfully constructed dam) in, under, over or 79 across any river, creek, stream, or swamp, so as to obstruct the free passage of 80 boats, canoes, or other floating vessels, or fish in such waters. 81 (b) Violations of this section shall be punishable as a Class 1 misdemeanor; and each 82 day for which any violation continues without removal of such obstruction, on and 83 after the tenth day following service of process on the violator in accordance with 84 Virginia Code 19.2-75, shall constitute a separate offense punishable as a Class 85 1 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _a ` , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department c�f Public Works omey's Office W • Police partment CA16526 R-4 September 19, 2024 f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Ratify Amendments to the Bylaws of the Community Services Board MEETING DATE: October 15, 2024 i Background: The Community Services Board recently completed a review of its bylaws, and during its September 26, 2024 meeting, the Board approved the attached amendments. a Considerations: The bylaws provide that amendments must be reviewed and ratified by the City Council. This resolution ratifies the recent amendments, as set forth in the attached revised bylaws in which the new text is underlined and in red font. a Public Information: Public information will be provided through the normal Council agenda process. a Attachments: Resolution and Revised Bylaws (Exhibit A) Recommended Action: Approval Submitting Department/Agency: Department of Human Services " City Manager: /V 1 A RESOLUTION TO RATIFY RECENT AMENDMENTS TO 2 THE BYLAWS OF THE COMMUNITY SERVICES BOARD 3 4 WHEREAS, the Community Services Board recently completed a review of its 5 bylaws; 6 7 WHEREAS, after considering the proposed changes, during its September 26, 8 2024 meeting, the Board approved several amendments to its bylaws; 9 10 WHEREAS, the Board's bylaws provide that amendments to the bylaws must be 11 reviewed and ratified by the City Council; and 12 13 WHEREAS, the City Council has reviewed the recommended amendments to the 14 bylaws of the Community Services Board and finds them to be acceptable. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby ratifies the amendments to the bylaws of the 20 Community Services Board, as approved by the Board, and attached hereto as Exhibit 21 "A". Adopted by the Council of the City of Virginia Beach, Virginia, on the , day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Human Services City Attorney's Office CAI 6652 R-1 September 10, 2024 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: !ate pending EXHIBIT A BY- LAWS Virginia Beach Community Services Board (CSB) ARTICLE I - NAME The name of this Board shall be the Virginia Beach Community Services Board, hereinafter referred to as the"Board." ARTICLE 11 -Pry The purpose of this Board shall be to act as an administrative policy community services board and as the agent of the City of Virginia Beach, Virginia in the establishment and operation of community mental health, developmental, and substance abuse services as provided for in Title 37.2 of the Code ofVirginia. The Board shall serve as the single point of entry into publicly funded mental health, developmental, and substance abuse services in Virginia Beach. ARTICLE III- MEMBERSHIP AND TRAINING Section 1. The membership of the Board shall consist of no less than six and no more than eighteen members appointed by the City Council of the City of Virginia Beach, Virginia, hereinafter referred to as the "City Council." PFi9F te FnakiAg app9iAtFAPAtr'74:���. -ae Membership will be a broad representation of the community. One-third of the appointments to the Board shall be individuals who are receiving or who have received services or family members of individuals who are receiving or who have received services, at least one of whom shall be an individual receiving services. No employee of the Board or employee or board member of an organization that receives funding from any community services board may be appointed a member of the Board. Members will be appointed in accordance with Virginia Code § 37.2-501. Section 2. The term of membership will be for three years from January 1 of the year of appointment. No person will be eligible to serve more than three full terms; however, a person first appointed to fill an unexpired term may serve three additional full three-year 1 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: dote pending terms. However, after a one-year period has elapsed since the end of the member's last three-year term, the City Council may reappoint that member. Section 3. Board member vacancies will be filled for unexpired terms in the same manner as original appointments. Section 4. Any Board member may be removed by City Council for cause after being given a written statement of the causes and an opportunity to be heard thereon. Section 5. Board members will receive training on their legal, fiduciary, regulatory, policy, and programmatic powers and responsibilities and an overview of the Performance Contract within one month of their appointment. Upon request, new board members will be assigned to an experienced board member to serve as a mentor. ARTICLE IV- POWERS AND DUTIES The Board, as an administrative policy board and agent, of the City of Virginia Beach, shall be subject to the laws and regulations relating to City agencies and shall have the general powers, duties, and responsibilities of a Board as outlined in Virginia Code § 37.2-504. 1. Review and evaluate public and private community mental health, developmental, and substance abuse services and facilities that receive funds from it and advise the City Council as to its findings. 2. Pursuant to Virginia Code § 37.2-508, submit to the City Council a performance contract for community mental health, developmental, and substance abuse services forits approval prior to submission of the contract to the Department of Behavioral Health and Developmental Services (hereinafter referred to as the "DBHDS"). 3. Within amounts appropriated for this purpose, provide mental health, substance abuse and developmental services authorized under the performance contract. 4. In accordance with its approved performance contract, enter into contracts with other providers for the delivery of services oroperations of facilities. 5. Make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and 2 Adopted September 6, 2016 Revised.August 15, 2024 City Council Resolution: ciote penaitiy regulations adopted by the Board. 6. Upon request, participate with the City in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse services who meets the minimum qualifications established by the DBHDS, and prescribe the director's duties. The compensation of the executive director shall be fixed by the City Council in consultation with the Board within the amounts made available by appropriation for this purpose. 7. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract submitted to the City Council and shall be used only for community mental health, developmental, and substance abuse services purposes. The Board shall institute a reimbursement system to maximize the collection of fees from individuals receiving services under its jurisdiction or supervision, consistent with the provisions of Virginia Code § 37.2-511, and from responsible third-party payors. The Board shall not attempt to bill or collect fees for time spent participating in commitment hearings for involuntary admissions pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the Code of Virginia. 8. Accept or refuse gifts, donations, bequests, or grants of money or property from any source as allowed by City Policy and as authorized by the City Council. 9. Seek and accept funds through federal grants. In accepting federal grants, the Board shall not bind the City Council to any expenditures or conditions of acceptance without the prior approval of the City Council. 10. Notwithstanding any provision of law to the contrary, disburse funds appropriated to it in accordance with such regulations as may be established by the CityCouncil. 11.Apply for and accept loans as authorized by the City Council. 12. Develop joint written agreements, consistent with adopted by the Board, with local school divisions, health departments, boards of social services, housing agencies, where they exist, courts, sheriffs, area agencies on aging, and regional offices of the 3 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: �ie pending Department for Aging and Rehabilitative Services. The agreements shall specify the services to be provided to individuals. All participating agencies shall develop and implement the agreements and shall review the agreements annually. 13. Develop and submit to the DBHDS the necessary information for the preparation of the Comprehensive State Plan for Behavioral Health and Developmental Services pursuant to Virginia Code § 37.2-315. 14.Take all necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation. 15. Institute, singly or in combination with other community services boards or behavioral health authorities, a dispute resolution mechanism that is approved by the DBHDS. `he resolution will enable individuals receiving services and family members of individuals receiving services to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the Board. 16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations adopted thereunder, release data and information about each individual receiving services to the DBHDS so long as the DBHDS implements procedures to protect the confidentiality of that data and information. 17. Carry out other duties and responsibilities as assigned by the City Council. 18. Comply with all applicable laws and regulations, including but not limited to the Virginia Freedom of Information Act and the Virginia State and Local Government Conflict of Interests Act. ARTICLE V-APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES Pursuant to Virginia Code § 37.2-508, the Board may apply for State assistance by submitting annually to the DBHDS the City's proposed performance contract for the next fiscal year once the performance contract has been (1) approved by the Board and (2) approved by a vote of the City Council. The Board shall make the proposed performance contract available for public review and solicit public comment for a period of 30 days 4 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: date periumy prior to the Board's approval and subsequent submission to the City Council for approval. ARTICLE VI- OFFICERS OF THE BOARD AND THEIR DUTIES Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary. Section 2. The duties of the Chair shall be: (a) To preside at all meetings of the full Board and Executive Committee. (b) To establish ad hoc committees and appoint members and name chairs to all committees (excluding the Nominating Committee), as deemed necessary for the operation of the Board. (c) To work closely with the Executive Director of the Community Services Board and the City Manager. (d) To perform any other duties determined by the Board in furtherance of Community Services. (e) To ensure that all federal, state, and local governments are informed as to the activities of the Board as requested and appropriate. (f) To collaborate with the Executive Director or their staff to ensure all meeting minutes are disseminated to Board members and there is Board compliance with the Virginia Freedom of Information Act. (g) To be responsible for the integrity of the Board's process and make decisions about Board process and delegation as provided by these By-Laws. (h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia Beach as it relates to Board member attendance requirements. (i) To serve as ex-officio member of all committees, except the Executive Committee and the Nominating Committee. The Chair shall have no authority over the committees in which the Chair is attending as an ex officio member. Section 3. The Vice-Chair shall, in the absence of the Chair, perform the duties of the Chair and any other duties assigned by the Board orthe Chair. Section 4. The duties of the Secretary shall be: 5 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: date pending (a) To ensure the accuracy, integrity and maintenance of Board documents including records of all meetings of the Board and Executive Committee and a copy of the Board's By-laws, policy manual, and new Board member orientation notebook. (b) To (1) ensure that any closed meeting is held in accordance with the Virginia Freedom of Information Act, including the requirements for a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting, and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in Virginia Code §§ 2.2-3707 or - 3711(A); and (2) ensure that at the conclusion of any closed meeting, the Board immediately reconvenes in an open meeting and takes a roll call or other recorded vote to be included in the Board's minutes certifying that to the best of each Board member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under the Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered during the closed meeting. (c) To perform duties of the Chair in the absence of the Chair and the Vice-Chair. ARTICLE VII - OFFICER NOMINATIONS, ELECTIONS, TERMS OF OFFICE, VACANCIES AND REMOVAL Section 1. A N9HiiF4at4ft--#.ei4imittee iR aeEe,nTEe with A.Ftiele IX, SeetieR 2, s all r mpmth Othe Nominations shall be accepted from any Board member at the time the slat„ is P.o,;on+„a at the Board's meeting one month prior to its election month. Section 2. The Board shall elect its officers at the November or December Board meeting, whichever month is the Board's last meeting of the calendar year. A quorum must be present for voting and a vote of two-thirds of members present is required to elect an officer. Section 3. The term of office shall be for one year commencing on the first day of the calendar year or until a successor is elected. No officer may serve more than three consecutive terms in the same office. The Board may suspend this provision of the by- laws and extend an officer's term upon a vote of two-thirds of its members to take this action. Section 4. Any vacancy occurring in the officers of the Board, regardless of the cause, shall be filled by the Board within 60 days of the vacancy. A quorum must be present for voting and a vote of two-thirds of members present is required. Duration of such appointments 6 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: -uit ptnarimy shall be limited to the unexpired term of office. Section 5. Officers shall serve at the pleasure of the Board and may be removed after prior notice by a vote of two-thirds of members present at any regular meeting of the Board. An officer may resign at any time by giving written notice to the Board or the Board Chair. Any such resignation shall take effect on the date of the receipt of such notice or at any later time as specified in the note. ARTICLE V/II-MEETINGS AND ATTENDANCE Section 1. The Board shall adopt an annual meeting schedule that reflects, at a minimum, the frequency of meetings required by the Performance Contract. Board meetings shall be held at a time and place determined by the Board and pursuant to the requirements of the Virginia Freedom of Information Act. The Board may vote to cancel a scheduled meeting, or the Board's Chair, in consultation with the Executive Director or designee, may cancel a scheduled meeting. Public notice will be given of the cancellation of any Board meeting. Section 2. Special meetings of the Board may be called by the Chair or upon written request of three members. Section 3. The quorum for all Board meetings shall be the majority of the total appointed Board members. Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an annual total of more than three absences or be absent from more than one-fourth of the total number of meetings held within a given calendar year, for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. Additionally, if a member knows in advance that he or she is unable to attend a meeting for any reason, the member should promptly inform the Chair or the appropriate City staff member, so the Chair can determine in advance if a quorum will be present. Section 5. As permitted by Virginia Code §2.2-3708.2 or its successor provision, and as adopted in CSB Policy for Remote Participation by Members in CSB Meetings, allow CSB members to join meetings from a remote location within the stipulated parameters. 7 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: ct peou„iy ARTICLE IX- COMMITTEES Section 1. There shall be a standing Executive Committee composed of the Board's three officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may appoint to the Executive Committee an at-large member providing the Board is notified of the appointment. The duties of the Executive Committee include but are not limited to the following: (a) Establish Board agenda; (b) Act on the Board's behalf when directed to doso by the Board; (c) Provide meeting notes and any recommendations of the Committee to the Board; (d) Prepare in collaboration with staff and with review and approval by Board members, Board policies that comply with the Performance Contract; (e) Plan for and participate in the orientation of new Board members; and (f) Identify, in collaboration with staff, Board member educational and training topics. Section 2. The Board's chair in accordance with Article VI, Section 2-6, may appoint ad hoc Board committees and prescribe the term, powers, and duties of ad hoc committees as may be necessary or useful in the conduct of the business of the Board. The Chair of an ad hoc committee shall be responsible for providing to the Board notes from committee meetings and ensuring compliance with the Freedom of Information Act. Ad hoc committees should report back to the full Board. 8 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: date pending ARTICLE X- OPERATING PROCEDURES The Board, in carrying out its powers and duties in accordance with Article IV of these By- Laws, shall utilize the following operating procedures: (a) All employees of directly operated programs shall be subject to the personnel policies and procedures of the City of Virginia Beach. Additionally, the Board hereby adopts the City of Virginia Beach's grievance procedure. (b) Pursuant to Virginia Code § 37.2 — 501, legal services to the Board shall be provided by the City Attorney's Office. (c) The City Treasurer shall receive those funds designated to the Board. (d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal agent. The City of Virginia Beach shall receive an independent annual audit of the total revenues and expenditures of the Board, a copy of which shall be provided to the DBHDS. (e) The Board shall comply with the City of Virginia Beach policies and procedures for purchasing equipment and supplies. (f) The Board may, following review by the City of Virginia Beach Director of Finance as to availability of funds and the City Attorney as to appropriate legal form, enter into such agreements and contracts as are necessary to carry out its approved programs. (g) The Board may revise its budget categories to meet program needs as provided in the budget ordinances of the City of Virginia Beach. When a budget revision is necessary, the Board Executive Director shall submit the request in writing to the City Finance Department prior to Board consideration of the proposed change. The Finance Department will review the request for conformance to the City's fiscal rules, regulations and budget ordinances and will notify the Executive Director that the request is in compliance with these rules and regulations or, if not, why not and what procedures need to be followed to achieve compliance. (h) The Board shall be authorized to allocate all agency revenues in accordance with DBHDS guidelines and in compliance with the policies of the City of Virginia Beach. 9 Adopted September 6, 2016 Revised:August 15, 2024 City Council Resolution: date pending ARTICLE XI - ROBERTS RULES OF ORDER Roberts Rules of Order, Newly Revised, shall govern the conduct of all Board proceedings unless inconsistent with these By-Laws, in which case these By-Laws shall govern. ARTICLE Xll- PREVAILING AUTHORITY In the event of any conflict between any provision of these by-laws and any provision of state lay of City ordinance, the provision of state law or the City ordinance (in that order of precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City Code section cited herein is amended subsequent to the approval of these by-laws, references to those code sections shall be interpreted to be references to the most recently amended version of those code sections. ARTICLE Xlll— BY- LAWS The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the membership, notice having been submitted to each Board member in writing two weeks prior to the meeting. Such amendments shall then be reviewed and ratified by the City Council. 10 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Impose Conditions Upon the City's Future Financial Support for the Something in the Water Festival MEETING DATE: October 15, 2024 ■ Background: The 2019 Something in the Water Festival was an unprecedented success that greatly enhanced the City's regional and national profile. In 2020, the Something in the Water Festival was canceled due to limitations upon the gathering of people during the COVID-19 Pandemic. The Something in the Water Festival returned to Virginia Beach in April of 2023. In May 2024, City Council approved the City's sponsorship for the Something in the Water Festival in its approval of the FY2024-25 Operating Budget. The Something in the Water Festival that was to be held in October 2024 was cancelled less than a month prior to the Festival, and this cancellation has contributed to community concerns as to the City's role visa-vis the Festival. The City Council wants to affirm its commitment to the Something in the Water Festival and to provide certain conditions that will give the City more assurances as to schedule and coordination. The Something in the Water Festival recently committed to announcing new dates for the Festival by October 19, 2024. ■ Considerations: The City Council hereby directs the City Manager to include the following conditions in the Sponsorship Agreement with Something in the Water for the Spring 2025 Festival: 1. Increased collaboration with City Council liaisons and City staff; 2. Announcement of the line-up and ticket sales to occur prior to December 31, 2024; 3. Inclusion of progress payments and/or liquidated damages to provide the City with additional assurances that the Festival Promoter meets expectations; and 4. Termination rights for the City in case certain expectations and deadlines are not met and the City needs to find alternative programming. The City Council desires the Sponsorship Agreement be executed by November 1, 2024. Additionally, the City Council directs the City Manager to explore a longer-term agreement with Something in the Water, such as a three-year or five-year agreement. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting DepaXtme Agency: Convention and Visitors Bureau City Manager: rpo 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO IMPOSE CONDITIONS UPON THE CITY'S 3 FUTURE FINANCIAL SUPPORT FOR THE 4 SOMETHING IN THE WATER FESTIVAL 5 6 WHEREAS, the 2019 Something in the Water Festival was an unprecedented 7 success that greatly enhanced the City's regional and national profile; 8 9 WHEREAS, the 2020 Something in the Water Festival was canceled due to 10 limitations upon the gathering of people during the COVID-19 Pandemic; 11 12 WHEREAS, the Something in the Water Festival returned to Virginia Beach in 13 April2023; 14 15 WHEREAS, the City Council approve the City's sponsorship for the Something in 16 the Water Festival in its approval of the FY2024-25 Operating Budget; 17 18 WHEREAS, the Something in the Water Festival that was to be held in October 19 2024 was cancelled less than a month prior to the Festival, and this cancellation has 20 contributed to community concerns as to the City's role vis-a-vis the Festival; 21 22 WHEREAS, the City Council wants to affirm its commitment to the Something in 23 the Water Festival and to provide certain conditions that will give the City more 24 assurances as to schedule and coordination; and 25 26 WHEREAS, the Something in the Water Festival recently committed to 27 announcing new dates for the Festival by October 19, 2024. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby directs the City Manager to include the following in the 33 Sponsorship Agreement with Something in the Water for the Spring 2025 Festival: 34 35 1. Increased collaboration with City Council liaisons and City staff; 36 2. Announcement of the line-up and ticket sales to occur prior to December 31, 37 2024; 38 3. Inclusion of progress payments and/or liquidated damages to provide the City 39 with additional assurances that the Festival Promoter meets expectations; and 40 4. Termination rights for the City in case certain expectations and deadlines are not 41 met and the City needs to find alternative programming. 42 43 BE IT FURTHER RESOLVED, THAT: 44 45 The City Council desires the Sponsorship Agreement be executed by November 1, 46 2024. 47 BE IT FURTHER RESOLVED, THAT: 48 49 The City Council hereby directs the City Manager to explore a longer-term 50 agreement with Something in the Water such as a three-year or five-year agreement. 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: \A Convention and Visitors Bureau City Attorneys Office 4 CA16658 R-2 October 9, 2024 h !O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure of a Portion of Lake Drive Adjacent to 2444 Pleasure House Road MEETING DATE: October 15, 2024 ■ Background: On October 17, 2023, by Ordinance ORD-3753D, City Council approved the request by Commonwealth Brewing Company, LLC, a Virginia limited liability company (the "Applicant") to close a 7,130 sq. ft. portion of Lake Drive (the "Right- of-Way"), adjacent to its property located at 2444 Pleasure House Road (GPIN: 1570-50-2725), for the purpose of incorporating the closed area into its adjoining property. ■ Considerations: There were six (6) 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of (a) a public utility easement over the entire "Area 1" of the Right- of-Way; and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall convey "Area 2" of the closed portion of the Right-of-Way to the City of Virginia Beach. 4. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be Commonwealth Brewing Company, LLC Page 2 of 2 provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right-of-Way and within Area 2 of the Right-of-Way. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On September 18, 2024, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753D. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager:Qy� 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF COMMONWEALTH BREWING 4 COMPANY, LLC FOR THE CLOSURE OF A 5 PORTION OF LAKE DRIVE ADJACENT TO 6 2444 PLEASURE HOUSE ROAD 7 8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the 10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444 11 Pleasure House Road; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before October 16, 2024; and 16 17 WHEREAS, on September 18, 2024, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on October 17, 2023 (ORD-3730F), upon application of Commonwealth 25 Brewing Company, LLC, is extended to October 16, 2025. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2024. 29 30 No GPIN assigned (City Right-of-Way) 31 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16575 R-1 September 24, 2024 REFERENCES: LEGEND AND ABBREVIATIONS: N 1. BOUNDARY INFORMATION TAKEN FROM BOUNDARY AND BSL BUILDING SETBACK LINE TOPOGRAPHIC SURVEY PREPARED BY MID-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED 06/23/2021 ROW RIGHT OF WAY DENOTES TOTAL AREA OF ROW TO BE CLOSED (7,130 SF(0.16 AC) NOTES: AREA 1 5,053 SF/0 11 AC 1, THIS EXHIBIT IS INTENDED TO SHOW THE INTENDED LOCATION AND AREA 2 2,077 SF/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITEMS SHOWN. NA BEERY VENTURES LL I 7 794?'W ^� F 4�1•l — 0.00 INST#20190130 6.00'MB 9 31.42' o JJ .F ITS74. 19' .80-ek N/F 0 10.5, " 113.75' C/Ty GY-VIRGINIA 8FACH h W ��. PS-302 0 1992`N �' (AR 1301, PC. 296) (M 8. 9, PG. 61) o = O CPIN., 15705OJ9160000 y N15' 40' 18.20"E J 90.00' N 74'1 4?'!{' S74' 19' 41.80"E coQ N15' 40' 18.20"E J 36.13' o �tl 50.00' 4J zt AREA 2 / EAST so �� PORTION OF ROW P 2 �.10 B Pc B HA AREA: 2,077 AC) SF R 30 �2, r4ys6, E ; ST 28' 32.70"W . 51.15' m M 7 9' 40•W z •- w w 124 6' N74' 19' 4 .80" 0 J 46.94' a O= N� «o AREA 1 / PORTI N Q 0 o0 C ON WEALTH BREWING COMPANY OF ROW = h PARCEL A. BLK. 6 CHESAPEAKE SHORES 7j.9 AREA: 5,053 S� II I 1R/20170315000214250; MB 8 P 82 011 AC INST#20220301125.001 �\ , ) I 0 GPIN: 1570-50-2725-0000 I z STREET CLOSURE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND INSTR.#201731500021 4250)TO BE CLOSED 08b VIRGINIA BEACH,VIRGINIA JULY 18,2023 / SCALE: 1"=30' DB:JS CB: 1S 1SE PROJECT#: 0662101 John Sandow Engineering,LLC 4104 Clintwood Lane 0 20 40 Virginia Beach, �, I I Phone:757.377-6-6971 71 Feet www.johnsandowengineering.com SCALE: 1"=30' Disclosure Statement 9� pwart'rt)z& unzntullitt :. 11e�t>�1tJn1f�t1; N The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Commonwealth Brewing Company,LLC Does the applicant have a representative? !Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?9 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Jeramy Biggie,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant (Attach a list if necessary) 'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101 'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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. E Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 14 Disclosure Statement X ID DisOt- ure ,t emi nt xro, r•aN kt.�,au..�� Parutitzg&Comrrtuniiu I. c"'Op 2�nt Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralhatkm,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,identity the financial institutions providing the service. Chesapeake Beach Volunteer Fire and Rescue Department,Inc.;Navy Federal Credit Union;US Small Business Administration 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identity the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑NO • If yes,identify the firm and individual providing the service. Ginger Pickett,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N NO • If yes,identity the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®NO • If yes,identity the purchaser and purchaser's service providers. F,rv,se-d;1 k)9,'O%O 2 1 P a g e Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 15 Disclosure Disclosure Statement Planning&Communit-,, 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 t No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑NO . If yes,identify the firm and individual providing the service. John Sandow,John Sandow Engineering,LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No . If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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,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. Commonwealth Brewing Company,LLC Applicant Srpature emmy Bigg Jie,President Print Name and Title Date is the applicant also the owner of the subject property? t Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. IT-TnT?TyrMT177�1-ission and City Council meeting • • that pertains to the applications ' D» signature No dranftes as of e 2023.D9. //f•�� °""`N2— Hoa N.Dao 31 Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 16 .r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 20' City-owned drainage easement and into a 5' City-owned drainage and utility easement, located at the rear of 1414 Sea Breeze Trail. MEETING DATE: October 15, 2024 ■ Background: Sea Breeze Holdings, LLC, a Virginia limited liability company (the "Applicant"), requests permission to maintain an existing concrete ramp and an existing timber floating dock with a lift, and to construct and maintain a vinyl bulkhead (collectively, the "Temporary Encroachment") into a 20' City-owned drainage easement and into a 5' City-owned drainage and utility easement, located at the rear of 1414 Sea Breeze Trail (GPIN: 1489-71-1727). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned easements, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: !% , 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A 20' CITY-OWNED DRAINAGE 6 EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE 9 REAR OF 1414 SEA BREEZE TRAIL. 10 11 WHEREAS, Sea Breeze Holdings, LLC, a Virginia limited liability company 12 (the, "Applicant") requests permission to maintain an existing 38.83' x 9.79' concrete ramp 13 and an existing timber floating dock with a lift with a maximum encroachment of 2.5' and to 14 construct and maintain a vinyl bulkhead with a maximum encroachment of 1.5' (collectively, 15 the "Temporary Encroachment") into a 20' City-owned drainage easement and into a 5' 16 City-owned drainage and utility easement, located at the rear of 1414 Sea Breeze Trail 17 (GPIN: 1489-71-1727); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's easements subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant and its assigns 28 and successors in title are authorized to maintain the Temporary Encroachment within the 29 City-owned easements as shown on the map entitled: "EXHIBIT A ENCROACHMENT 30 EXHIBIT FOR NEW REPLACEMENT BULKHEAD, CONCRETE RAMP & FLOATING 31 DOCK FOR: SEA BREEZE HOLDINGS LLC SEC 2, LOT 10 & PARCEL A, PLAT: 32 SUBDIVISION OF SEA BREEZE FARM, M.B. 103, PG. 51 1414 SEA BREEZE TRAIL, 33 23452," Scale: 1" = 50', dated August 06, 2024, prepared by Calvert Marine, a copy of 34 which is attached hereto as Exhibit A, on file in the Department of Public Works and to 35 which reference is made for a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda, and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UB IC WO KS / REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA16485 R-2 Prepared: 08/21/2024 \\vbgov.com\dfs1\a pplications\citylaw\cycom32\wpdocs\d021\p052\00987830.doc Aridas Livin.9 Trust LYNNHAVEN RIVER Marko C. Charalambous RT 1445 Five Hill Trail 1408 Sea Breeze Trail INST No. 20090209000123390 1551.35' to INST No. 235.18'R N67-17-001-W GPIN 1489-71-0548 Insection at 20191210001052530 MB 83 PG 27 Five Hill Trail GPIN 1489-71-2568 MB 77 PG 13 CCess RRoute — — - - - LOT 18 p 5 FT. DRAINAGE - - 4SEA EASEMEAND L UTILITY AND BREEZE TRAIL MB 83 PG 27 B OT PG 2 i i 50 T.R/W (M.B.48 PG.13) 14 1 4 5 FT. DRAINAGE Cr / This EXHIBIT is a result of fiel I I AND UTILITY AND o( / Ties to existing monuments i , EASEMENT 01 / combined with the compilation of MB 83 PG 27 �. / Deeds&Plats shown hereon IJ d and does not constitute a "o a Boundary Survey o SE BREEZE F40 NGS LLC M� c M I I� Instru ent No. it Nam% SCALE 1"=sa'-0"GRAPHIC 2001609150008 5420 I IQ o 1�o�zs 5�. 75, GPIN: 1489-71- 7 7 7i I 5 FT. DRAINAGE .qg' AND UTILITY AND 'i 206 , IEASEMENTMB �� eme�< 1 I PARCEL3 PG 27 j�=� !iS8.�e2g'�9- OFF Q`a\g39G in I I IL" �( I = Ronald /Sonya McKechnie I "' � EX Conc. Ramp 1420 Sea Breeze Trail NOTE '� N i- 38.83'x 9.79' INST No. 20131202001389340 I^ in Easment GPIN 1489-71-1937 to remain i ,� MB 83 PG 27 EXISTING FLOATING, N W'� NOTE 'X, LOT 9 DOCK 12.2' x 24.1' k � i� `` NEW VINYL BULKHEAD IN ' (Timber Dock with y o is '` SAME ALIGNMENT TH OF Floats) o X ^ AS EXISTING BULKHEAD & LIFT TO REMAI `' w c No piles- 1.34' & 1.5' 08/06/2024 r 32 encroachment `2 NEW PILE ' " S62°25'09"E C U GARY A. FRANKS JR. SUPPORTED ^`O \ I I 1.87' Lic. No.52162 VINYL BULKHEAD I --EXISTING PWC LIFT 6'x 8' Not in Easement I 9� I INSTALL NEW 10" CLASS B -o PILE AND REINSTALL � .5'' O$F TO AVOID EASEMENTE. G. Middleton III Trust� � EN 1449 Five Hill Trail 20 FT Drainage Easement TONAL INST No. MB 83 PG 27 20150127000074330 � I GPIN 1489-71-3849 MB 77 PG 13 i I i The City of Virginia Beach is not LOT 19 I i responsible for verification or EXHIBIT A i restrictions required by other ANDD UTILITY AN 5 DRAINAGE I Associations or Agencies Encroachment Exhibit for New � EASEMENT— iv replacement Bulkhead, Concrete MB 83 PG 27 ;o i SCALE: 1"=50'-0"GRAPHIC: Ramp & Floating Dock for: I CO i SEA BREEZE HOLDINGS LLC w i --- i 0 10' 25' 50' 75' SEC 2, LOT 10 & Parcel A, CALVERT MARINE PLAT: 1939° `mil �co i Agent Subdivision of Sea Breeze Farm, z M.B. 103 PG. 51 0 F � 3132 Riveredge Dr. Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452 757.777.6960 08/06/2024 PAGE 1 of 2 Rich@CalvertMadne.net A 36"WIRE REINFORCED SILT FENCE SHALL BE PROPERLY INSTALLED AS SHOWN. IT SHALL BE INSTALLED PRIOR TO BACKFILLING AND SHALL BE MAINTAINED DAILY UNTIL A PERM. VEGETATIVE COVER IS ESTABLISHED SELECT SAND BACKFILL 2" X 6" BOARDWALK TIMBER CAP TOPSOIL. SEED, FERTILIZER AND 12"THICK CONCRETE SEAL EC2 COVER UPON COMPLETION AT NEW PIPE & BULKHEAD 8" MINIMUM COVER \ )n— 6" X 6" TIMBER WALE (2) 3/4"X 20.0' GALV. TIE RF3tl---- 2-5# CCA TREATED I 8"-#57 GRAVEL __. BEDDING STONE EXISTING RCP TO REMAIN--� \ _ MHW=EL. +1�0' EXISTING HDPE PIPE li \ MLW- EL. +0 TO BE REMOVED NEW 15" RCP PIPE INSTALL ii SUBAQUEOUS BOTTOM AS PER MANUFACTURER'S RECOMMENDATIONS WITH EXISTING TIMBER BULKHEAD TO NEW GASKETS BE REMOVED AND DISPOSED OFF SITE NEW SHOREGUARD 425 SERIES PROVIDE 8"X 20.0'TIMBER VINYL SHEETPILE BULKHEAD PILES 2.5#CCA TREATED EXISTING TIMBER BULKHEAD AND NEW VINYL BULKHEAD TO BE IN SAME ALIGNMENT ,Tx opt, 08/06/2024 r� v GARY A. FRANKS JR. 9 Ll Lic. No.52162 /ONAL E� EXHIBIT A Encroachment Exhibit for New replacement Bulkhead, Concrete SCALE: 1/4"= 1'-0"GRAPHIC: Ramp & Floating Dock for: IE i _j SEA BREEZE HOLDINGS LLC r 0 1' 2' 4' 6' SEC 2, LOT 10 & Parcel A, CALVERT MARINE PLAT: j, Agent Subdivision of Sea Breeze Farm, 3132 Riveredge Dr. M.B. 103, PG. 51 Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452 757.777.6960 08/06/2024 PAGE 2 of 2 Rich@CalvertMadne.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1�`�'� day o 20e` by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SEA BREEZE HOLDINGS, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 10", as shown on that certain plat entitled: "SUBDIVISION OF SEA BREEZE FARM SECTION TWO LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale 1" = 100', dated December 1968, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 83, at page 27, and being further designated, known, and described as 1414 Sea Breeze Trail, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain an existing 38.83' x 9.79' concrete ramp and an existing timber floating dock with a lift that has a maximum encroachment of 25, and to construct and maintain a vinyl bulkhead with a maximum encroachment of 1.5' (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and GPIN: 20' DRAINAGE EASEMENT (NO GPIN ASSIGNED) 5' DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED) 1489-71-1727 (1414 SEA BREEZE TRAIL) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 20' City-owned drainage easement and into a 5' City-owned drainage and utility easement collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR NEW REPLACEMENT BULKHEAD, CONCRETE RAMP & FLOATING DOCK FOR: SEA BREEZE HOLDINGS LLC SEC 2, LOT 10 & PARCEL A, PLAT: SUBDIVISION OF SEA BREEZE FARM, M.B. 103, PG. 51 1414 SEA BREEZE TRAIL, 23452," Scale: 1" = 50', dated August 06, 2024, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said SEA BREEZE HOLDINGS, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Michelle Koestler, Owner of Sea Breeze Holdings, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SEA BREEZE HOLDINGS, LLC, a Virginia limited liability company By: AL) chelle Kotftler, Owne STATE OF I CITY/COUNTY to-wit: The foregoing instrument was acknowledged before me this day of 20L by Michelle Koestler, Owner of Sea Breeze Holdings, LLC, a Virginia limited liability company. (SEAL) -Notary lic Notary Registration Number: 40:�105y My Commission Expires: maJ aI, Zva.ly APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM b P�BLWORM --REAL ESTATE . HA EYER DEPLIftY CITY ATTORNEY 7 Aridas Living Trust LYNNHAVEN RIVER Marko C. Charalambous RT 1445 Five Hill Trail 1408 Sea Breeze Trail INST No. 20090209000123390 551.35'to INST No. 235.18°R N67°17'00"W GPIN 1489-71-0548 Insection at 20191210001052530 -- - MB 83 PG 27 Five Hill Trail GPIN 1489-71-2568 -- - - -- - - _ LOT 11 - - MB 77 PG 13 Access Route — - - - - LOT18 SEA � 5 FT. DRAINAGE EASEMENTY AND TRAILREEZE h� / MB 83 PG 27 B 83 PG 2 i so�T. Pc.13) C° / This EXHIBIT Is a result of fle! 1 14 I I AND UTILITY o Ties to sxlsting monuments i,EASEMENT combined with the compilation of MB 83 PG 27 NI j Deeds&Plats shorn hereon 1�I co , I 0 and does not constitute a N o Boundary gurney S BREEZE O NGS LLC M� oo I Ik Instru ent No. N I SCALE:,"=sa-0"crtnPHIc: 20016 9150008 6420 GPIN: 1489-71- 7 7 , U 0 10' 25• 50' 75' Q I AND UTILITY AND EASEMENT ' i i o ' i MB 83 PG 27 �'S8�,2cj--- ag G.,se'cne� II PARCEL' ' r , 20 F� MB g3 P S° EX Conc. Ramp Ronald I Sonya McKechnie N i_ 38.83'x 9.79' 1420 Sea Breeze Trail NOTE' ' INST No. 20131202001389340 :u I i� in Easment / to remain GPIN 1489-71-1937 EXISTING FLOATING�1 NV, LOTMB 9 PG 27 DOCK 12.2'x 24.1' k �, i^ NOTE 'X' (Timber Dock with o , o �� NEW VINYL BULKHEAD IN 'TH t) h ,h o) O SAME ALIGNMENT F f'1 Floats) o x, )^ AS EXISTING BULKHEAD & LIFT TO REMAI d' W` I No piles- 1.34'& 1.5'v. 08/06/2024 32 I encroachment �. NEW PILE �i~ S62°25'09"E It GARY A. FRANKS JR. 9 SUPPORTED ^`O \ i I 1.87' Lic. No.52162 VINYL BULKHEAD \i i EXISTING PWC LIFT V x 8' Not in Easement I INSTALL NEW 10"CLASS B -o PILE AND REINSTALL TO AVOID EASEMENT E. G. Middleton Ill Trust i : 1 S N 1449 Five Hill Trail E 20 FT Drainage Easement /ONAL INST No. MB 83 PG 27 20150127000074330 it GPIN 1489-71-3849 MB 77 PG 13 I The City of Virginia Beach Is not LOT 19 responsible for verffkatlon or EXHIBIT A 5 FT. DRAINAGE i j i restrictions required by other AND UTILITY AN I Associations or Agencies Encroachment Exhibit for New EASEMENT N replacement Bulkhead, Concrete MB 83 PG 27 ��`! SCALE: V=50'-0"GRAPHIC: o Ramp & Floating Dock for: 11 I I0 SEA BREEZE HOLDINGS LLC o 10' 25' 50, 75° SEC 2, LOT 10 & Parcel A, 11,39° Sob00 0� Agent CALVERT MARINE Subdivision of Sea Breeze Farm, �oF 3 � pr 2s M.B. 103, PG. 51 Patmiouth,VA 23703 1414 Sea Breeze Trail, 23452 757.777.6960 08/06/2024 PAGE 1 of 2 Rich@Cdvw#Awne.net A 36"WIRE REINFORCED SILT FENCE SHALL BE PROPERLY INSTALLED AS SHOWN. IT SHALL BE INSTALLED PRIOR TO BACKFILLING AND SHALL BE MAINTAINED DAILY UNTIL A PERM. VEGETATIVE COVER IS ESTABLISHED SELECT SAND BACKFILL 2" X 6" BOARDWALK TIMBER CAP TOPSOIL, SEED, FERTILIZER AND 12"THICK CONCRETE SEAL EC2 COVER UPON COMPLETION AT NEW PIPE& BULKHEAD 8" MINIMUM COVER 6"X 6"TIMBER WALE (2) 3/4"X 20.0' GALV.TIE ii 2.5#CCA TREATED ._ 8"-#57 GRAVEL EXISTING RCP BEDDING STONE .TO REMA MHW- EL_+1AW IN—� — — — In' EXISTING HDPE PIPE I — _ + TO BE REMOVED �i — _ _M�W._EL. OpQ' NEW 15" RCP PIPE INSTALL ii SUBAQUEOUS BOTTOMV+ AS PER MANUFACTURER'S RECOMMENDATIONS WITH �� EXISTING TIMBER BULKHEAD TO NEW GASKETS BE REMOVED AND DISPOSED OFF SITE NEW SHOREGUARD 425 SERIES PROVIDE 8"X 20.0'TIMBER'l VINYL SHEETPILE BULKHEAD PILES It 2.5#CCA TREATED EXISTING TIMBER BULKHEAD AND NEW OF Dj VINYL BULKHEAD TO BE IN SAME ALIGNMENT 08/06/2024VIA V GARY A. FRANKS JR, � Lic. No.52162 -o S /CNAL EN EXHIBIT A Encroachment Exhibit for New replacement Bulkhead, Concrete SCALE: 1/4"= 1'-o"GRAPHIC: Ramp & Floating Dock for: SEA BREEZE HOLDINGS LLC o -1' 2' 4 6 SEC 2, LOT 10 & Parcel A, CALVERT MARINE PLAT. AWt Subdivision of Sea Breeze Farm, l - 3132 Rivwedge Dr. M.B. 103, PG. 51 Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452 PAGE 2 of 2 757.777.6M 08/06/2024 Rich@CalvertMarine.net r� n M4 ' e + e .. a H r 1f. h nr 5# F_�'- r ,' ` pl,"Wlpr va r., m a. y,�r � @ �s4�t�`at�.f� may.li . d 'z Nr�y •> _ ��� .w° ✓� i, mac.' °'x,'��*,r , , , t y` s r x : ti t ov rI N W E AI wit a S 69 , QQ T z" , 0 p ' i f . >�'` { Y,� �:. paµ a/+' ♦� ma�yy^^ } t S r4p�'*L c a , • v K rt '# n F, ^ • "i • s t w �, , ,. ., ,� r ��'''��,� x, 'f"n:-�,b :� `{• �;,�C� r., i ) '' LOCATION MAP ' ENCROACHMENT REQUEST Legend ` FOR City Property fi> r SEA BREEZE HOLDINGS, LLC Q 1489-71-1727 xV �� �''. ` 1414 SEA BREEZE TRAIL , "s ate ° ' - 5' Drainage Easement {; N,�� 4 ; GPIN 1489-71-1727 Feets'" t 10' Drainage Easement ..� "' ��� y •f + 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 04/10/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\1489-71-1727 Aerial.mxc N r W E SITE �, , ✓ t —� u Li Q I LOCATION MAP Legend ENCROACHMENT REQUEST �'V� FOR City Property �k, SEA BREEZE HOLDINGS, LLC 1489-71-1727 j 1414 SEA BREEZE TRAIL N 5' Drainage Easement ��' G PI N 1489-71-1727 Feet 10' Drainage Easement 0 50 100 200 16 Prepared by P.W./Enq./Enq.Support Services Bureau 04/10/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\1489-71-1727.mxc 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. SECTION 1 : APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name:as listed on application i /tee/JJ l ©e'-Ar 1,6ec, rCGZe j/�i Is Applicant also the Owner of the subject property? Yes Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes&Noo If yes, name Representative: 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 z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th bject 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 ntit�nd/or individual) _ -- (Name e— - Financing(mortgage, deeds of trust, cross-collateralization,etc.) [Real Estate Broker/Agent/Realtor. Disclosure Statement I rev. May-2024 .� page 1 of 3 SERVICE YES NO SERVICE PROVIDER Nome emit and or individual Accounting/Tax Return Preparation Arch itect/Designer/La ndscape Architect/Land Planner Q Construction Contractor © Morin DI/ Engineer/Surveyor/Agent t� 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 on, City updating the information provided herein three weeks prior to the meeting of Planning Commissi Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 'I a A.jle A1oA,s Applicant Name(Print) �� Zt72 pplicant Sign ure Da e 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 State and Local Government Conflict of Interests Act, VA. Code§2.2 3100�er of another corporation.'See 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, p, 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 on 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 same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: j I as listed on application r �e / d e t/�. e lfC, G rCe 4c 0 1'0 5 Is the Owner 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 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO ^ SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, 0 cross-collateralization,etc.) �J�/ Real Estate Broker/Agent/Realtor (S Accounting/Tax Return Preparation Architect/Designer/Landscape O Architect/Land Planner Construction Contractor o- Morl r7� �V Engineer/Surveyor/Agent O CJVerT Aarlioel Legal Services 0 G--T PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. P4UI16 �710e.Jiy- Property Owner Name(Print) Property OwrtrSignature Date Disclosure Statement I rev. May-2024 page 3 of 3 C�' �rtABfq CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support Substance Use Disorder Clinical Services and Training and to Authorize a Position MEETING DATE: October 15, 2024 ■ Background: The Department of Human Services (DHS) was awarded additional funding from the Virginia Department of Behavioral Health and Developmental Services to provide addiction services for individuals with co-occurring developmental disabilities and substance use disorders as well as training for staff in the developmental services division to enhance clinical interventions for this population. This funding will support a new FTE for the department to expand community-based treatment for substance use and dependence. ■ Considerations: DHS will be awarded and additional $142,074 in ongoing State General Funds to fund a new Clinician III position (1.0 FTE) to provide substance use disorder services and staff training. The funding will also cover the cost of curriculum and training materials. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:/o-V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT SUBSTANCE USE DISORDER CLINICAL 3 SERVICES AND TRAINING AND TO AUTHORIZE A 4 POSITION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $142,074 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2024-25 Department of Human Services Operating 12 Budget to support substance use disorder clinical services. 13 14 2. One full-time (1.0 FTE) position is hereby authorized in the Department of 15 Human Services for Substance Use Disorder Clinical Services. This position is 16 supported by ongoing funding from the Commonwealth. 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 Managemen Services y orney's Office CA16666 R-2 October 9, 2024 I }j f�� tSl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services to Combat Gun Violence MEETING DATE: October 15, 2024 ■ Background: The Virginia Department of Criminal Justice Services (DCJS) has announced the availability of grant funds to localities. The goal of this program is to reduce violent crime by providing funding that supports local government initiatives to take illegal guns off the street and reduce group violent crime. This grant specifically provides support to reduce gun violence related incidents within the City through the purchase of digital intelligence technology/resources to aid the Detectives Bureau/Special Investigations Bureau in their pursuit to disrupt bad actors of violent crimes and their network of associates to reduce group violent crime and the number of illegal firearms in the community. ■ Considerations: The total award for this grant is $80,000 for equipment. No local match is required. The grant period runs from July 1, 2024, through June 30, 2026. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager://'w 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO COMBAT GUN VIOLENCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $80,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with revenues increased accordingly, to the FY 10 2024-25 Operating Budget of the Police Department for the purchase of 11 equipment to assist the Detectives Bureau/Special Investigations Bureau in the 12 reduction of violent crime. 13 14 2. The equipment purchased with these grant funds is not guaranteed to be 15 replaced by the City of Virginia Beach. 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: Budget and Management Services i y Attorneys Office CA16662 R-1 October 2, 2024 u :s r l L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds Within the FY 2024-25 Operating Budget of the Police Department for Marine Patrol Equipment MEETING DATE: October 15., 2024 ■ Background: The U.S. Department of Homeland Security, Federal Emergency Management Agency, has approved two applications that were submitted by the Police Department (VBPD) as part of the federal FY 24 Port Security Grant Program. The purpose of this grant is to enhance national port safety and security. To obtain eligibility to access this grant, agencies must be members of an Area Maritime Security Committee and provide port security services. As the primary responder in the Hampton Roads region and the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay, the VBPD meets the criteria to participate in the Port Security Grant Program. This project, approved by the federal government, will support the engines and other equipment to complete the vessel built for a 29' boat currently under construction as part of the FY 23 ARPA Equipment Grant that was previously approved by the City Council. ■ Considerations: This grant provides a combined $74,588 in federal funding and requires a total match of $24,863 (25% of the cost of approved project). Matching funds of $24,863 for the engines and related equipment will be funded through the Police Department's FY 2024-25 Operating Budget, through existing appropriations. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting DepartmenVAgency: Police Department City Manager: / v 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2024- 3 25 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR MARINE PATROL EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1 . $74,588 is hereby accepted from the United States Department of Homeland 10 Security and appropriated, with federal revenues increased accordingly, to the FY 2024-25 11 Police Department Operating Budget to support the engines and other equipment to 12 complete a boat currently under construction. 13 14 2. $24,863 is hereby transferred within the FY 2024-25 Police Department 15 Operating Budget to provide the required local grant match. 16 17 3. The equipment purchased with these grant funds is not guaranteed to be 18 replaced by the City of Virginia Beach. 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 City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- udget & Management Services orney's Office CA16663 R-1 October 2, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Virginia Beach Drug Court and to Authorize a Grant Match MEETING DATE: October 15, 2024 ■ Background: The Statewide Universal Drug Testing grant is offered through the Supreme Court of Virginia, Office of the Executive Secretary. This grant program helps localities administering drug courts in the Commonwealth by providing funding for drug and alcohol testing. On September 19, 2024, the Virginia Beach Commonwealth's Attorney's Office received notification of the approved grant award of $37,431 in state funds for fiscal year 2025. ■ Considerations: A cost share match of 25% is required for this grant. Match funds will be provided by the Office of the Commonwealth's Attorney. The grant term ends on March 31, 2025. After the grant term, the Office of the Commonwealth's Attorney will be eligible to reapply for a continuation of funding. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: A!2 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE VIRGINIA BEACH DRUG COURT AND TO 3 AUTHORIZE A GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $37,431 is hereby accepted from the Supreme Court of Virginia, Office of the 9 Executive Secretary, and appropriated, with revenues increased accordingly, to the FY 10 2024-25 Operating Budget of the Commonwealth's Attorney for drug and alcohol testing 11 for the Virginia Beach Drug Court. 12 13 2. The cost sharing match of 25% is hereby authorized and will be provided by the 14 Office of the Commonwealth's Attorney. 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 anagemen Services City Attorneys Office CA16661 R-1 October 2, 2024 0 _ �r i F � z s� J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating Budget and to Transfer Such Funds as Pay- Go to Capital Project#100664, "Virginia Beach 5/31 Memorial" MEETING DATE: October 15, 2024 ■ Background: In April 2023, City Council established Capital Project #100664, "Virginia Beach 5/31 Memorial," and appropriated funds to allow the City to execute a design contract with Dills Architects. P.C. After receiving final design deliverables, the City sought bids for the construction of the Memorial. Negotiations with the lowest qualified bidder have identified a funding shortfall of$4.3 million within the project. To close the funding gap, Budget and Management Services has identified the fund balance of the General Fund as the funding source. On October 8, 2024, the Department of Finance presented the preliminary, unaudited fund balance of the General Fund to the City Council. This amount was $188.9 million, or 12.83% of current year revenues, slightly above the established 8-12% policy. The use of $4.3 million for this purpose will not significantly impact the fund balance percentage and will allow progress to continue on the construction of the memorial. ■ Considerations: Following this action, the fund balance of the General Fund will be 12.54%, slightly above the established 8-12% policy. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance; Capital Project Page Recommended Action: Approval Submitting Department/Agency: Cultural Affairs & Parks and Recreation City Manager- D 1 AN ORDINANCE TO APPROPRIATE $4,300,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND TO THE 3 FY2024-25 OPERATING BUDGET AND TO TRANSFER 4 SUCH FUND AS PAY-GO TO CAPITAL PROJECT#100664, 5 "VIRGINIA BEACH 5/31 MEMORIAL" 6 7 WHEREAS, after soliciting bids and negotiating with the lowest qualified bidder, 8 there remains a $4.3 million funding shortfall within Capital Project #100664, "Virginia 9 Beach 5/31 Memorial;" 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 $4,300,000 is hereby appropriated from the fund balance of the General Fund to 15 the FY 2024-25 Operating Budget and transferred as pay-go funding to the Capital Project 16 100664, "Virginia Beach 5/31 Memorial" for the construction of the memorial. 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 rney's Office CA16667 R-2 October 9, 2024 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100664 itle: Virginia Beach 5-31 Memorial tatus:Approved Category:Parks and Recreation pertinent:Parks and Recreation Project Type Project Location Project Type:New Facility Construction/Expansion istrict: 2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 9,700,000 9,700,000 Description This project provides for the planning,design,and construction of a permanent memorial to commemorate and remember the tragic events of May 31, 2019 to be located on City property at Princess Anne Road and Nimmo Parkway adjacent to the ECCS building at the Municipal Complex.The project will require site development to include site preparation and storm water management features in addition to the memorial elements similar to the Dills Architects/SWA concept plan which was approved by the City Council appointed 5/31 Memorial Committee. The memorial will include scalable features such as landscaping/gardens,concrete or stone walls,water features,accent lighting,seating and other enhancements that support the development of a memorial setting.This project may include a smaller memorial marker and/or small plaza with landscaping near Building 2 if additional funding for design and construction were to be allocated. Purpose The memorial will create a poignant and inspirational year-round,park-like setting that functions as a place for reflection for those directly impacted by the May 31,2019 mass casualty event,family members,City of Virginia Beach employees,other public safety professionals,and the general public. In addition to providing opportunities for reflection and rememberance,the memorial will provide an appropriate area to memorialize the victims. History and Current Status This project was approved by City Council on April 19,2023.On May 31,2019,a mass casualty event took place in and around the City of Virginia Beach Municipal Center,Operations Building(B-2).A City Council appointed Memorial Committee was established in the fall of 2021 to guide the vision and strategy of the development of a memorial,to be open and adaptive to the many and varied stakeholders,to set project priorities and goals,to build public will,to advocate for families and the community,to mobilize funding,and to ultimately oversee the planning,design,and construction of the memorial. Operating BudgetImpact Operating budget impacts are anticipated to affect Public Works Building Maintenance and Parks and Recreation Landscape Services to meet the operations,recurring maintenance,and repair needs of the memorial and grounds. FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount �,�.`.d •�f Design 04/23-12/24 1,200,000 Construction 02/24-02/26 7,600,000 �r `y,� Contingencies 02/24-02/26 900,000 "+..� Total Budgetary Cost Estimate: 9,700,000 Means of •ioorca Funding Subclass Amount r Local Funding 9,700,000 Total Funding: 9,700,000 k� FY 2024-25 to FY 2029-30 243 Capital Improvement Program L. PLANNING 1. BEACH FRAMING AND DRYWALL, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re replace an existing mobile home with a single-family dwelling for a parcel directly East of 1924 Gum Bridge Road DISTRICT 2 RECOMMENDATION STAFF - DENIAL PLANNING COMMISSION - APPROVAL 2. SUGAR PLUM, INC. for a Modification of Proffers re bakery specializing in dog treats and similar products at 1361 Laskin Road DISTRICT 6 (Approved February 10, 1998) RECOMMENDATION: APPROVAL 3. FERBER COMPANY CENTRAL, LLC, / LYNNHAVEN BOA L, LLC & LYNNHAVEN BOA Q, LLC for a Modification of Proffers re redevelop the site with an eating and drinking establishment with a drive-thru at 2061 Lynnhaven Parkway DISTRICT 7 (Approved July 14, 1998, September 25, 2001, and September 23, 2003) RECOMMENDATION: APPROVAL 4. 4th GENERATION HOME BUILDERS, LLC for a Conditional Change of Zoning from PD- H1 Planned Unit Development to Conditional A-18 Apartment District (Amendment to Land Use Plan) re develop a 25-unit residential townhouse condominium community for a parcel on Commuter Drive, directly East of 1436 South Independence Boulevard DISTRICT 10 RECOMMENDATION: APPROVAL 5. MELLIE VALIANOS-REYNOLDS / VALIANOS PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit and a Conditional Use Permit re automobile repair garage at 619 London Bridge Road DISTRICT 3 (Approved 1978) RECOMMENDATION: APPROVAL 6. AARON C. DAVENPORT / AARON & KENDRA DAVENPORT for a Conditional Use Permit re short term rental at 421 22°d Street DISTRICT 6 RECOMMENDATION: APPROVAL 7. TRAVIS SMITH /TRAVIS & ELIZABETH SMITH for a Conditional Use Permit re short term rental at 304 281h Street, Unit 205 DISTRICT 6 RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 RECOMMENDATION: APPROVAL M NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,October 15,2024 at 6:00 p.m.In the Council Chamber at City Hall,Building 1,2^d Floor at 2401 Courthouse Drive,Virginia Basch,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 October 15,2024. 2. Download WebEx and view the meeting at: htti)s*/Ivbgov.webex.com/weblink/reVister/r28d529dcdO5df e9e431c528f6ef4243c The following requests are scheduled to be heard: Beach Framing and Drywall, LLC (Applicant & Property Owner) Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) Address: Parcel on Gum Bridge Road,directly east of 1924 Gum Bridge Road GPIN:2411262111 City Council:District 2(Henley) SUGAR PLUM, INC. (Applicant& Property Owner) Modification of Proffers Address:1361 Laskin Road GPIN:2417293117 City Council: District 6(Remick) Ferber Company Central,LLC,a Delaware limited liability company (Applicant)Property Owners:Lynnhaven BOA L,LLC&Lynnhaven BOA Q,LLC Modification of Proffers Address:2061 Lynnhaven Parkway GPIN:1475961048 City Council:District 7(Wooten) 4th Generation Home Builders, LLC(Applicant&Property Owner) Conditional Rezoning (PD-Hi Planned Unit Development to Conditional A-18 Apartment District(Amendment to Land Use Plan)) Address: Parcel on Commuter Drive, directly east of 1436 S Independence Boulevard GPIN:1476769961 City Council:District 10 (Rouse) Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Properties,LLC Conditional Use Permit(Automobile Repair Garage)& Modification of Conditions Address:619 London Bridge Road GPIN: 1496876542 City Council:District 3(Berlucchi) Aaron C.Davenport(Applicant)Aaron&Kendra Davenport(Property Owners)Conditional Use Permit(Short Term Rental)Address:421 22nd Street GPIN:2427082711 City Council:District 6(Remick) Travis Smith(Applicant)Travis&Elizabeth Smith(Property Owners) Conditional Use Permit(Short Term Rental)Address:304 28th Street, Unit 205 GPIN:24280028662005 City Council:District 6(Remick) City of Virginia Beach-An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016,the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan,2014 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 757-3854621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303.If you are hearing impaired,you can contact Virginia Relay at 711 for TOD 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-OCTOBER 1,2024&OCTOBER 8,2024-i TIME EACH 0 0 0 G� 4� era 9� �a AG2 �\ N ® Site Beach Framing and Drywall, LLC W J �. Property Polygons s . Zoning Parcel on Gum Bridge Road, Building directly east of 1924 Gum Bridge Road Feet 0 1020 40 60 80 100 120 3t�u1 ' 4a 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH FRAMING AND DRYWALL, LLC [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) for the property located directly east of 1924 Gum Bridge Road (GPIN 2411262111). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 15, 2024 ■ Background: The applicant is seeking a subdivision variance to replace an existing mobile home on the subject property with a new single-family dwelling. The subject property was created by deed on January 29, 1988 (Deed Book 2706, Page 2068), which constituted an improper subdivision of land since any parcel created after 1953 required approval and recordation of a subdivision plat to legally create the parcel. The property is located within the AG-2 Agricultural Zoning District, which requires a minimum of one acre in lot size and 150 feet in lot width for residential lots. The subject parcel has a lot area of 0.22 acres and lot width of 74 feet when measured at the front setback. These dimensional deficiencies necessitate the need for a subdivision variance before a plat can be approved. ■ Considerations: Although it was not recorded with the City until 1988, the deed that created the parcel was originally written and notarized in 1960. At that time, the property was zoned Agricultural Unrestricted, allowing lots of any size to be created so long as residential structures were setback at least 75 feet from any right-of-way under 50 feet in width. Had the parcel been recorded at that time, it would have met the applicable dimensional requirements. However, when the deed was recorded in 1988, the zoning of the parcel had changed to AG-2 Agricultural and was subject to different dimensional requirements, which it did not meet. A mobile home has been present with a Health Department approved septic system since 1965. The right-of-way of this section of Gum Bridge Road is 42 feet wide, as such, a right- of-way dedication is needed to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and width to 70 feet. Due to the substandard size of the lot, additional variances for the front and side yard setbacks will be required from the Board of Zoning Appeals prior to the construction of the proposed single-family dwelling. Further details pertaining to the application, as well as Staffs evaluation, Beach Framing and Drywall, LLC Page 2 of 2 are provided in the attached Staff Report. There is no known opposition to this request and staff has received a petition of support with 6 signatures. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, "Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T. Tatem, Sr.", prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. �--� Submitting Department/Agency: Planning Department City Manager: /0 Agenda Applicant & Property Owner: Beach Framing and Drywall, LLC Planning Commission PublicSeptember CouncilCity Project Details Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) o a w Staff Recommendation Denial 1 Staff Planner Aubrey A. Trebilcock Location Parcel directly east of 1924 Gum Bridge Roadb GPIN 2411262111 Site Size 0.22 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Mobile Home/AG-2 Agricultural Surrounding Land Uses and Zoning Districts ' North Single-family dwelling, cultivated field /AG-2 Agricultural c BR South Gum Bridge Road AG2 I Single-family dwelling/AG-2 Agricultural East Single-family dwelling/AG-2 Agricultural West Single-family dwelling/AG-2 Agricultural Beach Framing and Drywall, LLC Agenda Item 11 page 1 of 14 Background SummaryofProposal • The applicant is seeking a subdivision variance to replace an existing mobile home on the subject property with a new single-family dwelling. The subject property was created by deed on January 29, 1988 (Deed Book 2706, Page 2068),which constituted an improper subdivision of land as a subdivision plat was required in 1988 to legally create the parcel, is required before proceeding with the redevelopment plan. • The deed that created the parcel was originally written and notarized in 1960.The property was zoned Agricultural Unrestricted at the time.This zoning allowed for lots of any size to be created so long as residential structures were setback 75 feet from rights-of-way under 50 feet in width.The deed was not recorded with the City until 1988, at which point the Zoning for the subject parcel had changed to AG-2. • The property is located within the AG-2 Agricultural Zoning District, which requires a minimum of one acre in lot size and 150 feet in lot width for residential lots. The subject parcel is only 0.22 acres in size and 74 feet wide when measured at the front setback.These dimensional deficiencies necessitate the need for a variance for plat approval. • The Real Estate Assessor describes this parcel as vacant residential land; however, there is a residential trailer present that is in use.The applicant states that this trailer has been present and serviced by a Health Department approved septic system since 1965. • In addition to this subdivision variance, the proposed dwelling will require variances from the Board of Zoning Appeals for setbacks in the front and side yards to comply with other dimensional requirements of the AG-2 Zoning District. • The right-of-way section of Gum Bridge Road that fronts the subject property is 42 feet wide. A right-of-way dedication is needed to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and a 70-foot lot width. Beach Framing and Drywall, LLC Agenda Item 11 page 2 of 14 Zoning History Map Key No. Request 1 SVR (Lot Width Reduction) Approved 01/15/2019 This Subdivision Variance concerned 7 parcels that were improperly created by a partition plat in 1971 that was not approved by the Planning Department. At the time of the partition plat, 4 of the 7 parcels would have met the minimum lot area and lot width l requirements. The variance application combined 1 the three nonconforming parcels to meet the 1, current AG-2 Zoning standards. As the other 4 parcels would have been conforming at the time of their creation, and the proposal reduced the total number of lots from 7 to 5, approval of a variance was supported by Staff and granted by City Council on January 15, 2019. Application Types SVR:Subdivision Variance Evaluation - • • . • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to legalize a parcel that was improperly created by deed in 1988.The deed was originally drawn up and signed in 1960, but was not recorded with the City until 1988. In 1960, the property would have been zoned Agricultural Unrestricted. This zoning allowed for lots of any size to be Beach Framing and Drywall, LLC Agenda Item 11 page 3 of 14 created so long as residential structures were setback 75 feet from rights-of-way under 50 feet in width. At the time the parcel was created by deed in 1988, it was still When the deed was recorded and the parcel was created in 1988, however, the parcel was zoned AG-2 Agricultural and the same dimensional standards that exist today applied. There are no geographic or environmental factors that limit the size of the lot or impact how its lot area or lot width are calculated. A residential trailer has been present since at least 1965 when it was granted a permit by the Health Department for a septic system. At that time, the parcel was zoned Agricultural Unrestricted, which allowed for any use so long as residential structures were placed more than 75 feet from rights of way of less than fifty feet. While the use would have been permitted under this the Zoning designation at the time, the trailer did not and does not comply with the minimum front setback for a residential structure. As the parcel is only .22 acres in size, with a substandard lot width of 74 feet, meeting the setbacks of the AG-2 Zoning District, which has a minimum lot area of 1 acre and lot width of 150 feet, would continue to be an issue. The proposed dwelling will also require modified front and side setbacks to be approved by the Board of Zoning Appeals, which indicates approval of this lot would result in a difficult building envelope for any future redevelopment. An eight-foot-wide right-of-way dedication will also be required to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and a 70-foot lot width. In Staff's opinion, the application does not meet the five findings of fact necessary for the granting of a subdivision variance. When the parcel was created improperly by deed, the same AG-2 zoning standards that are applicable today were in effect. This parcel was not designed to comply with those regulations. Approval of this application would result in further complications as there is a challenging building envelope that may require zoning variances to be issued for any future dwelling. As a result, Staff is recommending denial of the application; however, should Planning Commission and/or City Council elect to approve the request, Staff recommends the conditions below. Recommended Conditions 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, "Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T.Tatem, Sr.", prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on, file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot. 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. Beach Framing and Drywall, LLC Agenda Item 11 page 4 of 14 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rural Area. The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no cultural resources of note present. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Gum Bridge Road No Data Available No Data Available Proposed Land Use 2-10 ADT 1 Average Daily Trips 2As defined by a single-family dwelling Master Transportation Plan(MTP)and Capital Improvement Program (CIP) This portion of Gum Bridge Road is considered a two-lane local rural roadway. The right-of-way in front of 1926 Gum Bridge Road is only 42 feet wide, and therefore with this subdivision, a 8 foot right-of-way dedication will be required to bring the right-of-way width to 50 feet. It appears that the right-of-way on the south side of the road measures 25 feet from the centerline of the road, so that is why all 8 feet must be dedicated from 1926 Gum Bridge Road. There is no CIP project slated for this roadway. Beach Framing and Drywall, LLC Agenda Item 11 page 5 of 14 Public Water City water is unavailable. Sewer City sanitary sewer is unavailable. Public Outreach Information Planning Commission • Staff has received one petition of support which contains 6 signatures from four different addresses. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. Beach Framing and Drywall, LLC Agenda Item 11 page 6 of 14 Existing Site Layout r� MU. Utl,3 U 1,��—t S r Ito 6GM: 2.411262111 01184 AQ Existing " Mobile E4 Home 4MI:TO VP DAWL&ROAD GUN►OPSW ROAD tm'P.M Beach Framing and Drywall, LLC Agenda Item 11 page 7 of 14 Proposed Layout FOX LAND SURVEYING, LLC SIGNED BY: 3.7211 ACRES pi.TH p , GPIN 24 t r-26-3558 f o T AVISS M. FO ® S 52'09'00` E 53.97' �� U Lic. o. 87 a r._� v ' f FIR i � SUR�� SHED 1 flW�iNFIEI J t I n STAKED BY "• LRH SOILS a 30.3' ti SEPTIC NfF ARRAY 00 000 �►® L 0 VI T T try `U,,},, .a' D.B. 1227, P. J22 10.5' W cN 23.24' O D.B: 2404, P. t143 Q " L' 1 -` H ,o.s! Proposed ilg ocv z 1,120 sq. w 7D, ft. S F Dwelling PROP • � —Z- COVERED PORCH �o 2do' 0.2051 Acre Parcel GPIN 2411-26-2'1'. PROP COVERED PORCH 2 ,► R> PROP 8' R € 3S.0' 3 'D. P P WEIt a DEDtCA 770 41.2' L 7ON (579 50 F7 '( ' 150, N 5 '09 00 71.89" 425.5 1' N 5709' W 72.90' � � a 30 R,/W �. (MC B. 85, P. 23) Beach Framing and Drywall, LLC Agenda Item 11 page 8 of 14 Cp1TIN0003 lOWPROFRE RIDGE VENT B [YT7 33 YR MR FG ROOFING3HING&EiO" AND S1YlEASPEROWNER TIP f MII.Vf' PIG L vFIIC LY ATALL IF NF W4IAT-KMS aMro Roos No ru FWlsN WTAL ROOFRG A COLOR AS PER - ORS•WEMRA FIG ROOFINGSIPNGLES .gpgp___}J3111, 3,5112.r •p...: .--1 SS FASCIA TRIM AS SELECTED f t X S FRIEZE ANO TAR -- AA f TRTV WOOD BRACKETS A3 iVMYI SIDING-STYLE AND COLOR AS SELECTED BY OWNER. EPoIA SiVCCO.PAINT OR PARGE ��•�a �••,. C M U OR AS PER OWNER •-.__...__ APPROA GRADE LEFT ELEVATION FRONT ELEVATION CONTINUWS LOW PROFILE RIDGE VENT I T pYA MIN FG AO WG SWRGLES COLOR . ANO STYLE AS PER OWNER 6112 5!t2 3512 -,- I X E FASCIA TRW AS SELECTED --_- -----� 13 f FRIEZE AND TRW -NRYL SAYING STYLE A COLOR AS SELECTED BY OWNER. _____. -_._..._..._._.....__.� POSTO4DF " YE STiUMEDC%ORAS PER EPDXY STUCCO.PAINT OR FARCE n t < - C M U OR AS PER OWNER. APPROX.GRADE S � D :3 m C Q -3 0 C CD o 3 N N r A N n Site • • R 71` _ e e• F '4 f Y � •x'fir.{ ".Y � `'Ct '*fir• :+,�',q" •^ �'1i �4�,�� ��'E.� ! �'�'` ' f "�' `��.r{ „ �`,t' ,Mir•, .,, � -•� . r r``!�«'I� � ' Beach Framing and Drywall, LLC Agenda Item 11 page 10 of 14 Disclosure Disclosure Statement City eJYiyirtm Aaeh 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 Beach Framing and Drywall,LLC,a Virginia limited liability company Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael J.Wilson,Jr.,Managing Member/Owner • 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. I"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Beach Framing and Drywall, LLC Agenda Item 11 page 11 of 14 Disclosure Disclosure Statement Planning&Community Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes M No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 21 Beach Framing and Drywall, LLC Agenda Item 11 page 12 of 14 Disclosure r c s e Si Lein r I�P ) .•1 . b. Dons IN,applicant have a construction contractor in connection wrth the subject of the application or any business operating or tc be operated on the property?Ca Yes ❑No • If yes,identity/the company and individual prov.dM the service T-k 7. Does the applicant have an engineer/surveyor/agent m connection with the sub*t of the app4.aUon or any bu-s Tess 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 rn Connection with the subject of the application or any business operating or to be operated on the propertys%Yes ©No • If yes,identify the firm and rnd�rvidual providing the service. AoallcantSinature I certify that alS of the information contained In this Discbsure Statement Form a compete,true,and accurate. I understand that, upon receipt of notification that the applicatbn has been scheduled for public hearing,i am responsible for updating the Information provided herein two ViO04 prior to the rnMing of Planning Comntisslon,City Council,V8DA,CBPA,Wetlands Board or any public body or committee In connection with this application. App Igtsature -- /1� .l�.sl S.V;+S.s`1r. _ ��+�•,},:'•• ra',y•r A ry Print Name and Title iz�zg/a3 Date / - Is the applicant also the owner of the subject property? IN Yes E)No e If yes,you co not need to fill out the owner disclosure statementlk D.f. SI naewe 09-24+2024 ei1"t8"'1e Aubrey Trebilcock Revised 11.09.2020 3 P a g e Beach Framing and Drywall, LLC Agenda Item 11 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Beach Framing and Drywall, LLC Agenda Item 11 page 14 of 14 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 11 Beach Framing and Drywall, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. We'll now move to our next agenda item. Madam Clerk: Item#11,Beach Framing and Drywall, LLC. Mr. Bourdon: Again, for the record, Eddie Bourdon, Virginia Beach Attorney. I'm here now representing Beach Drywall, which Michael J. Wilson, who is the actual single member, LLC, who's the owner this piece of property. I have handouts. If any of y'all did not receive the email that my secretary sent out late yesterday afternoon, did does anyone need that information in paper form? Again, I apologize for the tardiness in getting the information out that's on my unexpected travel plans, but this is all information that was provided with the application, or totally within the frame of knowledge of the staff,and frankly the presentation that the informal this morning was hit the mark that I had concerns about when I was finally able to review the staff report on late Sunday. This is a complicated application. There's a lot of history involved that most of you all haven't had because you haven't been on the planning commission, but so long and these circumstances go back to a timeframe in the 50s, early 60s, all the way through the mid-70s, where we had a subdivision ordinance that required subdivision plats that people didn't do including lawyers in many instances. So what that's done and most of these have been getting cleaned up over the last number of decades is,what's happened is that these properties that were subdivided by deed rather than by subdivision plat when somebody would come in to add to their property,another building on their property or they went to sell their property,pretty much from the mid early 80s on,they wouldn't be able to, until they recorded a subdivision plat, they wouldn't be able to get a permit. They wouldn't be able to sell their property, and in the overwhelming majority of those circumstances,the lots met, still met,or the property sizes still met the requirements of the zoning that was in place then as it had at the time they've created the lot,but in a number of instances throughout the city, that wouldn't be the case because the zoning dimensional changes, zoning districts have changed at numerous times over the course of history, and you'll have a house on a lot that was created by deed, not by plat, and when it was discovered, the zoning had changed on the property. The dimensional requirements had changed on the property, and that resulted in the folks having to not only record a subdivision plan,they had to come up with a subdivision variance because the property didn't comply with at that time when they, when it was discovered, didn't comply with the requirements for lot size,and again,done scores and scores of these over all the decades, I've been doing this, and so this one is, somewhat unique, and I do respect that,but the facts still bear out that there's a hardship here, and I believe a subdivision variance is warranted. I provided you all with a write up from a subdivision variance application that I represented directly across the street from this property. On this property in Gumbridge Road is in a section that is very largely rural residential folks in the, down the county often refer to it as Tatum Town,little town. It's because there's lots of,home sites in that area, and this property was, is African American family, the Tatums who own this property, very, highly educated, highly motivated people. Very good land. Not like some circumstances where the land wasn't well drained, et cetera. It is an area that has had housing developing on it for some time. As is pointed out in the information I provided to you the property, and as Aubrey just mentioned this morning, property was zoned AU Agriculture Unrestricted in essence, it's agriculture, and you could do anything on the property. There were no dimensional requirements,no use restrictions, until 1968. In 1960, the elder Tatum's deeded to Fred Tatum this piece of property, and in 1965, it's James and Annie Tatum, and that deed is a completely legitimate deed executed, and notarized by Mr. Dolly, The Dolly family, prominent families in agriculture in the southern part of the City of Virginia Beach. Fred Tatum took title. at that time by this deed, but he didn't record it. Again, that doesn't mean that the conveyance didn't occur. You don't have to record a deed. Now, it's not a real good idea not to,but candidly, and I wasn't in a position to know this back in 1960, since I was four years old, but the reality is that a lot of the African-American community throughout the South, and the country even as a whole, but especially in the South, didn't necessarily understand,or more importantly, didn't necessarily trust the government,and they sometimes wouldn't record documents. Okay? I don't know what Mr. Tatum's motivation in not recording was,but it's not necessarily a wise thing to do,but the deed wasn't recorded,but again,the property, did exist. It was deeded. He had a trailer on the property from 1965 on with a septic tank. Now my client all these years later has purchased the property,he did not know of the problems that existed at the time, and that, quite frankly, is the fault of who represented him at the time who should have been able to figure that out,but again,this day and age with title companies doing closings who don't represent the buyers at all that's going to happen,but fortunately,most of these have been cleared up, and this is just one because Mr. Tatum owned the property so long, and lived in it, that it's just now coming about. So as his, as I've explained in here,and I've provided you with the information from the 2017 application, which I think is, should, if you have a chance to read it, if you haven't I think would be somewhat illuminating,and I've provided you with a copy of the deed, and I've provided you with a copy of that Tatum Plat. The Tatum plat is a Tatum plat that divided all this property in 1970-71. However, it's a part,it is labeled as a partition plat. However, Kay Wilson, and I researched this separately many years ago. There was no,we can find no record that there was ever a partition suit. There was no judicial order. There was no court order that anyone can find, but the plat was recorded, and properties were conveyed off of it, and houses were built on many of the lots, and in 2017,I went through the whole number of all the houses on these lots. The deeds that were recorded from that plat, which was not a subdivision plat, conveyed, property legally, and some of those have been back, and gotten variances later, and there are more that will be coming. They're the same scenario for all intents and purposes legally as this. It's the deed off of that partition plat that created the property by deed because that plat is not a subdivision plat. This is in my view, exactly the same legal scenario, and poor Mr. Wilson bought the plot,bought the lot,having every belief from his representative, from the real estate people who sold him the lot, that he could build a very small, but a small very affordable house on this property. He went immediately to the health department. They gave him a permit to put a septic system in for the old one because it was an upgrade from the old one, and he has done that, and that caused a considerable cost in addition to the purchase of the property, and he's now going through this process to get a submission variance, the setback issue. I'm sorry, I could talk a lot about this, but I'll be happy to answer any questions. If any of you have any questions about anything. Mr. Plumlee: Just quickly, so the community is in support of this. Is that fair? Mr. Bourdon: That's correct,and we have one member who actually was able to come. So there's had doctor's appointments today. We have a petition from the community. There's no opposition. Jay has been to all of the neighbors. There's no one opposes it, and the one side where there's a 10-foot setback shown the trailer has been eight feet off that property line since 1965. Okay, the other side where there's 20 foot setback supposed to be, the house is 23 feet off. It's just a porch, that's not. The front, the house itself is 48 feet, now the setback is 50 in the front. The house is 48 feet from the road,but we're dedicating another eight feet, and now the little stoop is technically in the,and I've done variances,they approve stoops in the setback all the time. Mr. Plumlee: Okay. I'm just trying, if we were to recommend the council, there's one more body you have to clean. Are there any other permits out there to obtain or variances to obtain? Mr. Bourdon: I believe council could actually approve the setbacks that are in this application,but because staff was not in favor of it, that wasn't included,but there's my hope that we can get council to do to include the approval of the setbacks, but we could go to the board of zoning appeals. If council approves the division of the,the legalization of this property,then we'd have to record a plat, and then we could go to the board of zoning appeals, and get, I'm confident that the board of zoning appeals would approve the variance that would be necessary. Mr. Plumlee: Just to give you an opportunity, this says in the staff report, the parcel was not designed to comply with the regulations and approval of the app would result in further complications as there is a challenging building envelope that may require zoning variances to be issued for any future dwelling. Mr. Bourdon: The dwelling is the dwelling that's in this application,it's can,if you approve the variance,it should be conditioned upon the dwelling that's,that is shown on the plans. I think in the conditions that are set forth, I'm sure that is exactly what the conditions dictate, is that it be this plan? Mr. Plumlee: Therefore, if there were any variances going forward in the future, they would be required to come back here for this body, and the city council for future consideration. Mr. Bourdon: Only if they weren't,which they'd have,only if they were going to encroach further into the setbacks and what's shown on there. Mr. Plumlee: Which they wanted to build a bigger place. They have to come back. Mr. Bourdon: That's correct. That's exactly right. They couldn't do anything without coming back to this process to build bigger. If for some reason, which I don't anticipate at all to be the case, the board of zoning appeals said,well. one side where the porch is encroaching into the 20 foot setback,we'd like you to remove that or something, then that would just be removed, that would not have to come back to this body. Mr. Plumlee: What I'm hearing is, as for the hardship, the hardship was based upon the failure of the documentation to be properly done at a time. Not created by this particular applicant. Mr. Bourdon: Solely because the deed wasn't recorded. Had the deed been recorded,none of this process would have been necessary at all. Ms. Cuellar: Madam Clerk. Do we have any speakers on this agenda item? Madam Speaker: There are no speakers at this time. Mr. Bourdon: One of the neighbors is here to speak of her being in favor of it, but I don't think that's necessary. I just want to recognize her time for coming down. Ms. Cuellar: As a point of clarification from our attorney, should the neighbor wish to speak, would she be able to come forward now? If you could please state your name for the record. Ms. Tatum: My name is Sandy Tatum Gray. I remember sitting there doing these minutes in the 80s when Grover Wright would go at Nancy Parker. Does anybody remember that? Anyway,I go way back here. I'm living right now on my grandpa's homestead, which is 1972. Back in the day, it was Route 3 Box whatever. Next door to where I was raised, my father was a was my Uncle Fred,who lived in this trailer. He was his executor, and he's the one who received the property when Uncle Fred passed away. In the family, there were ten boys and three girls. They all got property on Gumbridge Road. That's why they called it Tatum's Town. All raised their families there. Uncle Fred, Uncle Julian, those are the two brothers that never married and there were three trailers at the end of that street before Dolly Road that was my Uncle Fred's,which is the property in question across the street from him was Uncle Julian, and then my Aunt Ruby who had a vacation home when she came up from Greensboro, and as long as I can remember, that's where those three stayed, and I've got pictures, I actually have a family picture of the Tatums when they went to resolve my grandpa's will after he passed,and it's taken inside my Uncle Fred's trailer. If anybody wants to see any of that, I have it here with me, but I can I can certainly attest to the fact that there was a trailer on that property,the septic tank that was the original, on that property, my dad and my Uncle Rusty put in for Uncle Fred, so he could have his own place, and he was never more proud than to have that trailer to call home because he was, like I said,on his own his whole life, he was an introvert lonely guy, but happier, never happier than when he was with his family. Ms. Cuellar: Thank you very much. Are there any questions for the speaker? I'd like to open up the floor now for any further discussion or entertain a motion. Mr. Coston: I'd like to move to approve this thing,but before I do that,I'd like to say that there are plenty circumstances, especially in the county that we will never be able to fix or will never get around to spending the money to fix them, and the term existing nonconforming applies here because it's something we can't fix,but it's been that way forever, and I would move to approve it. Ms. Cuellar: I have a motion from Commissioner Coston to approve this. Do I have a second? Mr. Plumlee: Second. Ms.Cuellar: I have a second by Commissioner Plumlee. Is there any further discussion? Staff will now call for the vote. Madam Clerk: The vote is now open. By a recorded vote of 8 to 0, item #11, Beach Framing and Drywall, LLC has been approved. Ms. Cuellar: Thank you very much. We have one more agenda item number. Madam clerk, could please call that. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks IX Plumlee IX Conditions 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, "Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T.Tatem, Sr.", prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot. To: Chainnan Alcaraz and Honorable Members of the Virginia Beach Planning Commission; Mayor Dyer, Vice Mayor Wilson and Honorable Virginia Beach City Council Members Re: Subdivision and Setback Variances for existing Rural Residential Parcel having the street address of 1926 Gum Bridge Road,Virginia Beach,Virginia and GPIN: 2411-26-2111-0000 The undersigned are neighboring property owners, members of the extended Tatem family and residents who have knowledge that the residential use (Trailer) of the parcel at 1926 Gum Bridge Road by Fred Tatem,that has existed since no later than 1965, after the Parcel was conveyed to him in 1960. We have reviewed Jay Wilson's plans to replace the trailer with an attractive, appropriately sized, modest two (2) bedroom affordable home and we fully support this proposed improvement of this property which requires the variances in parcel size and setback requirements, none of which came into existence until 1968 or later. Name Address 1 Tc�-i--i - l�i� rrrr ��i-k 1 Sys Name Address -Y) Guk h- '14a'A Name 9� �v ) Address o" 7 n & I�t M Name Address Name P Address L &,4 3 q Name Address Name Address Name Address Name Address H:\AM\Subdivision Variance\Wilson\Support Ltr.docx -48- Item V14..1.i. PUBLIC HEARING ITEM#43237 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of STATEMENT; LTD,for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICA TION OF STATEMENT LTD FOR A CHANGE OFZONINGDISTRICTCL4SSIFICA7IONFROMO- 2 TO CONDITIONAL B-IA Z02981097 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Statement LTD for a Change of Zoning District Classification from 0-2 Ojice District to Conditional B-IA Limited Community Business District on Lot 5, Freemac Lake Shores, The proposed zoning classification change to Conditional B-1A is for limited commercial land use. The Comprehensive Plan recommends use of this parcel for marketplace corridor use in accordance with other plan policies. Said parcel is located at 1361 Laskin Road and contains 21,780 squarefeet.LYNNHAVENBOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 10-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood 0.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara M.Henley,Louis R.Jones,Reba S. McClanan,Nancy K.Parker, Vice Mayor William D.Sessoms,Jr. and Louisa M.Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf February 10, 1998 \R20 askwr►R°a , Laskin-R 1 O2 02 B2 02 � 1 R1-0 �Al2 R10 N ® Site W E Property Polygons Sugar Plum, Inc. Zoning 1361 Laskin Road S Building Feet 0 1530 60 90 120 150 180 tNu�Hl fc � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUGAR PLUM, INC. [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1361 Laskin Road (GPIN 2417293117). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024 ■ Background: The applicant is requesting a Modification of Proffers for the property located at 1361 Laskin Road in order to reuse an existing 4,200 square-foot building as a bakery specializing in dog treats and similar products. The property was conditionally rezoned in 1998 from 0-2 Office to Conditional B-1A Neighborhood Business and included proffers that severely restricted the permissible uses on the property, as well as the overall building design and site layout. The applicant is requesting to remove the restrictive use proffers and instead permit uses that are permissible by-right or with a conditional use permit in the B-1A zoning district. No site alterations or additions will be made with this proposal. The applicant also proffers the existing site layout and the building, with the understanding that surface cosmetic changes may be made to the building's exterior. Sufficient parking is provided on site. ■ Considerations: This property is included in the boundaries of the Hilltop Strategic Growth Area (SGA), as defined by the Comprehensive Plan. The Hilltop SGA is envisioned as a regional commercial destination that blends high-end retail and national chains with local businesses in a dense, multi-modal corridor with well-designed pedestrian connections to nearby residences. This proposed modification of proffers will create more opportunities for reuse of the site that are complementary to the goals of the Hilltop SGA, including the applicant's stated intention of expanding their local bakery business. Properties immediately adjacent to 1361 Laskin Road are zoned 0-2 Office, Conditional B-2 Community Business, and Conditional B-1 Neighborhood Business, and is in the vicinity of The Canopy, an approved multi-use development. The applicant's request is compatible with current and desired future conditions along Laskin Road. The original proffers were likely intended to be deferential to the residential development near this corridor; however, in Staff's opinion, those restrictions no longer serve the current goals for this corridor. Furthermore, permitted uses in the B-1A Zoning District are intended to provide areas where limited commercial development can be dispersed to support the needs of nearby residential SUGAR PLUM, INC. Page 2 of 2 neighborhoods. The applicant's modified proffers will also ensure that hours of operation are still compatible with residential areas but will provide flexibility for reuse of the property. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. Proffer 1: The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and fagade of the Property shall be permitted. Proffer 2: The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. Proffer 3: The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B- 1A Limited Community Business District. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:'0�w Agenda Applicant and Property Owner: SUGAR PLUM, INC. Planning Commission PublicSeptember • CouncilCity Project Details Request Modification of Proffers Staff Recommendation p Approval o r Staff Planner � Elizabeth Nowak Location � O 1361 Laskin Road - GP/N 3 �1KNORN CS � / m 2417293117 N I Site Size 9 .47 acres RE YNA RD CREs F A/CUZ 70-75 dB DNL; Greater than 75 dB DNL Watershed r Chesapeake Bay µFD; Existing Land Use and Zoning District ... Former retail building/Conditional B-1A Limited a Community Business Y Surrounding Land Uses and Zoning Districts North ` Laskin Road Single-family dwellings/ R-20 Residential ': South F r Multi-family dwellings/A-12 Apartment ~r East Bakery/ B-1 Neighborhood Business West Office/0-2 Office SUGAR PLUM, INC. Agenda Item 6 page 1 of 15 Background SummaryofProposal • The applicant is requesting a Modification of Proffers for the property known as 1361 Laskin Road in order to reuse the approximately 4,200 square-foot existing building as a bakery specializing in dog treats and similar products. • 1361 Laskin Road was conditionally rezoned from 0-2 Office to Conditional B-1A Neighborhood Business in 1998. The applicant at that time included several proffers governing permitted uses on the property: c Proffer 4 of the original proffers states that the property shall be utilized for a single retail women's dress and apparel shop with operating hours from 9:30 a.m. to 8:00 p.m. o Proffer 5 states that the only uses which will be permitted in place of a retail women's dress and apparel shop are those which are permitted within the 0-2 Office Zoning District and are not prohibited within the B-1A Limited Community Business District. Proffers 4 and 5 of the original agreement severely restrict permissible uses on this property, including the potential to operate a bakery on site, which is a by-right use in the B-1A Business District. • Other proffers of the original agreement proffered the design of the building and the site layout. • At this time, the applicant seeks to modify the proffer agreement by removing the previous proffers and replacing them with general proffers related to retaining the existing building and site layout as they currently exist; to limit hours of operation (for any use) of the building to between 8:00 a.m. and 9:00 p.m.; and clarification that the building may be used for retail sales. • The only changes proposed by the applicant are to update the exterior of the building with colors to match their adjacent building at 1353 Laskin Road, where the applicant operates a traditional bakery. This new property will be an extension of their operations, including their skills-training program for individuals with disabilities. • Per Section 203(a)(29), one parking space per every 250 square feet of floor area must be provided. 17 parking spaces are required for this use. There are 16 regular parking spaces available on site and one ADA- accessible space, thereby meeting parking on site with a total of 17 spaces. SUGAR PLUM, INC. Agenda Item 6 page 2 of 15 Zoning • Map Key No. Request RZC MDP Approved 09/02/2014 p 1 CRZ (0-2 to Conditional B-2) ,� `'SYM Approved 01/03/2001 1" 2 CRZ (0-2 to Conditional B-1A) Approved 02/10/1998 = R1 oz a R1Q Ptp r 1 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: Floodploin Variance Conditions ALT.'Alternative Compliance Evaluation : Recommendation In Staff's opinion, this request for a Modification of Proffers is acceptable. This property is included in the boundaries of the Hilltop Strategic Growth Area (SGA), as defined by the Comprehensive Plan. Hilltop is envisioned as a regional commercial destination that blends high-end retail and national chains with local businesses in a dense, multi-modal corridor with well-designed pedestrian connections to nearby residences. This proposed modification of proffers will create more opportunities for reuse of the site that are complementary with the goals of the Hilltop SGA, including the applicant's stated intention of expanding their local bakery business. Properties immediately adjacent to 1361 Laskin Road are zoned 0-2 Office, Conditional B-2 Community Business, and Conditional B-1 Neighborhood Business, and is in the vicinity of The Canopy, an approved multi-use development. The applicant's request is compatible with current and desired future conditions along Laskin Road. This property was rezoned 26 years ago from 0-2 Office to Conditional B-1A Neighborhood Business. The Laskin Road corridor was in a much different state of development then, though the property was part of a group of parcels zoned 0-2 Office that predated much of the residential development that currently exists to the south. The original proffers were likely intended to be deferential to the residential development near this corridor; however, in Staff's opinion, those restrictions no longer serve the current goals for this corridor. The applicant's modified proffers will ensure that hours of operation are still compatible with residential areas but will provide flexibility for reuse of the property. Further, as the applicant is making no site or building changes, SUGAR PLUM, INC. Agenda Item 6 page 3 of 15 the proffer regarding design and site layout will preserve the public's opportunity to comment on future redevelopment. As such, Staff recommends approval of this application subject to the proffers and exhibits included below in the staff report. • MR The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and fa4ade of the Property shall be permitted. Proffer 2 The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 P.M. Proffer 3 The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B-1A Limited Community Business District. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this area as being within the Hilltop Strategic Growth Area in an area designated for non-residential mixed use (p. 39).This mixed-use character is intended to contribute to the overall vision of Hilltop as a regional commercial center of both national and local retailers, which this application supports. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay. It is located outside the Resource Protection Area. There are no proposed site improvements with this application. There are no known historic or cultural resources that will be affected by this project. SUGAR PLUM, INC. Agenda Item 6 page 4 of 15 Traffic I-mpacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 27,800 ADT' 36,900 ADT 1*(LOS 2"D") No anticipated change 1 Average Daily Trips 2 LOS = Level of '55,500 ADT for Service future 6 lane road Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there are two, two-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a 160-foot right-of-way. There is a roadway CIP project under construction on Laskin Road in the vicinity of this application. Laskin Road — Phase IA(CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and First Colonial Road from 1-264 to Laurel Lane. Construction of this project began in 2019 and is scheduled to be completed in 2024/25. ImpactsPublic Utility The site currently connects to the City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 September 2, 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 September 5, 2024. SUGAR PLUM, INC. Agenda Item 6 page 5 of 15 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. SUGAR PLUM, INC. Agenda Item 6 page 6 of 1S Property THS IS TO CEPTV THAT ON ABLY 1E 2024,WE MRVDW TIE PROPERTY 51DLN ON THIS PLAT AM THAT THE PROPERTY LIMES OF RECORD AS SHOWN IM.BFP BOOK 42.PACE 28 AND THE ENLS OF 711E NIIDLDS AFE AS SHOWN ON INS PLAT THE BLIILDIN S STAND WITHIN THE SND PROPERTY LOSS AND THERE AK NO VWB T EM71O01M OF OTHER BULDNCS ON THE PROPERTY.EXCEPT AS SHOWN rlC VIR Q.A4` LEGEND `! N NORTH FIPL SIGNED Uf S SWM E us �O.AMRERV N LEST HVAC Hums,VENTILATING AM Uc. 4 AR I.N. OW FSTmA�EWT NO <1 0712SI202f PG. aM 'NE LASKBV ROAD °�d o g MB. BOOR (161A%48 WIDIN R/W) TFl FED TELEPHONE EPIDIE PmEs7a (FORMEIKY RT. 164 - (B. 4Z AG 28) w4wT vw��Dn �CEN1cm 2=Of'10 P.L_ ( _ , _ f01TlOE P•04Y OR4f I71lK DIaH lb ,�.. w a . ��IEnI raw 1 awl Pea an EaD miwwl -\ O ILOT 6 AERIN, PMAOR Q °M]tl`"°"` ER�ICUm.L'IIPD a urwTARv Fr �� U — iy h �51dn L4gN IwfN NO ROGb IIMC' - �t7q N� 4R 1Fec uw 1-iIOM' � � MIFJ(i fN1E 130 Lk"ROAD OWNER.ELC I - ^ N/F I.N.202303011974) 1 LOT 3 h 4 0w AAORP IdE 11-- $UGM PLUM.PFC (M.B. 42,PG.28) V Fy2' FaEOEDI (O.B.3130,PG 1903) PIN:2417-29-1191 Y as m ro `Q�,, LOT 6 41 (M.B.42,PG.28) 3 - MN: 2417-29-4223 _"r 10U5(I) 3 h _„cxmtoFIT 106' MAT\ 4LTa t ' h f ram F1NT4: AWJ®sRlp z O � cooaa- r w 1 ._'6aataal DLuI AND vdN.Rx e rp F 11N At4 R H WN�L� mYIA,TP:4 _n'a aIE OR LAKE FREMAC � �I (M.B.42, PG,28) 4�r N w'OR1811M FASEMOO 4f ALB.42.Pa 25) i 81.77' . S 78'O9'W - - -— tHOM CIR'2E DOLIDOMMM (LK 20160518000415940) (M.B.136,PG.42) ROOD I FOBKAIM:tHE FROPIRTY%OWN IEEEON APPENDS TO FALL MIHR ROOD ZONE K(FL 7)(i\4 FLOOD ELEYDODIL OEIERI/FD)/OD z(HRFAS Q a2S AMMNL gONCE FLOOD-,AREAS a IL AK4L1u GIwEE IT000 in11 aETvu WgH5 OF LESS VM 1 FOOT OR WITH MWNQ AWJS LESS TN*I SOIA9E NIE;AND AWA PROTECTED Bf UNW FROM IX ANNLK CHANCE ROOD)AS SFCY ON Fi.NAS ROOD 09"MCE RATE MAP(F.I.RK.)FOR WE CRY 0'VIPCNN 8DlN,VPONN CCAMMOY PANEL NO,5155310107G DOm AMA" 1L 2DI5. RPL IS NOT A PARFY N OMWINING THE RLOUSlUAS FOR ROOD NSUYJICE ON THE PROPERTY SNOW HEREON.THIS SURVEY DOES NOT NKY TINT THIS PROPM TILL ON WILL NOT BE SIMCI TO FLOOD 'FOR FURTHER FiDAWDOk,COMPACT THE LOCk COWMTY ROOD OFFIWL THIS SLVO WAS PERFORMED VDW THE BEIEM OF A TITLE RE W AND WY NOT SFiOW AWIALL EAYKM5 OR RESIRIL1DIS TENT WY AETER SM PROPERTY A5 910NH.1N$PUT DOES NOT IMOD TO REPRESENT A SL8DMSON OF LAND. SUBDPabIONI OF IM KNOWN AS FRFWNZRS THE Iet� SHORESAnO OlIN1AP BOOK P.. PA CORPONATEON OF RECORDED IN COURT BOOK 4R, PAGE 28. ,N THE CLERK'S OP►ICK OP THE CIRCUIT COURT OF TBF. CITY OF VIRGTN3A BEACH•VIRGINIA VIIiGINT<1 BEACH. VMGRgU ]I,'ZCLU9IREI.Y Fo SUGAR PLUM, INC Dmlai KBB/°°IL CITY oP V@1B4IA ALOE.TMGDOA I F.D.1007 PG.29,30 1 PUT:P-207 DULY 26.20U 84:224-DIM SUGAR PLUM, INC. Agenda Item 6 page 7 of 15 -Concept Site Plan Showing NO NVId.d3:)N0:) a e: ps ^e:xvrux nun. :\\ Ji 3; 'la u i ------�— V A �n 1 f L u z . r _ d r x 3 �-t h O, €s aK k� 1 €Y $R SUGAR PLUM, INC. Agenda Item 6 page 8 of 15 Site Photos y�t f t t� »F Ott t a`5f_F <l .ws t Y a •fk � � f 'I! R Site Photos !L�` .t sue. �9 :�i ���"�•. .�' ..2�r+$....�ec.'1 Jn• - •�, f S,4,erP�um a: y Disclosure Disclosure V BEACH Statement VIRGINIA 'ti The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.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 Sugar Plum Inc Is Applicant also the Owner of the subject property? Yes@ Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)NoO If yes,name Representative: Billy Garrington 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.) Corporation Board of Directors list is Attached Does the subject property have a proposed or pending purchaser? Yeso 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, (D O Southern Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (F) Q Ricky Anderson(Colliers) Disclosure Statement ( rev. May-2024 page 1 of 3 SUGAR PLUM, INC. Agenda Item 6 page 11 of 15 Disclosure SECTION APPLICANT DISCLOSURE •. SERVICE YES NO SERVICE PROVIDER Nome entity and or individual Accounting/Tax Return Preparation G Q Desroche$Company Architect/Designer/Landscape O O Bill Haynie(Aatlantia Design Group,Inc) Architect/Land Planner Construction Contractor 0 1 0 Engineer/Surveyor/Agent (D O Brad Martin WPL Legal Services Q O Kyle D.Korte(WolcotURivers/Gates) APPLICANT CERTIFICATION READ:I 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,1 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. Patricia Rakes Clark(Sugar Plum Inc) 07/16/2024 Applicant Name(Print) plicant Signature Date t"Parent-subsidiory 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 on 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 shore 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): 9/24/2024 Marchelle L. Coleman 9/24/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 4 page 2 of 3 SUGAR PLUM, INC. Agenda Item 6 page 12 of 15 Board of Directors Roster • Name Address Home# Work# Cod# e-mail address Term end Start year Thad Nowak 12G25Tcrm6quare.StreetaaR932 757481-3043 757472-9933 nowakthadOomail.coni 2022/4 1997 (President) Renton,VA 20190 Spouse.Connie 4080 Hedow St V8 23451 Charlie Malbon 2904 Gaines Lending 757 412-2747 757 630-6902 Tanklines aol.com 2022/A 1996 (Past President) VB 23454 Spouse:Lynda Tim Rivas 1821CIeen Hill Rood 757650-4210 ltmjrivas6Llgmaii-Com 2022/A 1999 (Vi -Presiderd) V1323454 Spouse:Angele Mike Disharoon 1012 Chumley Road 757 305-1507 757 672-8208 Mdisharoon. eri artners.co, 2023/13 2016 (Treasurer) Spouse:Kelly VB 23451 Tom Gustafson 2483 Esplanade Drive 757721-5259 757615-7730 gusandgwenPg mail.com 2022/A 2004 (Secretary) VS 23456 Spouse Gwen LindaLalbstaln 1508TrouvifleAve 757423-3429 7572WI318 lindalaibstain2iagmail.Com 2023/B 2003 Norfolk 23505 Robert Maroon 213 A61st Street 265-9797 rmaLogr 2023/B 2000 Spouse:Melanie VB 23451 Chuck Ferrer 3832 Church Point Road 757 460-4398 757 541-1064 chuck-deter .:mail-earn 2023/B 2002 Spouse.Lisa VB 23455 Colleen Craig 2380 L1tebfleld Way 767 301-9796 757 816.0376 2024/C 2008 VS 23453 Spouse:Phi N C t D D oo ;o m m Q C W rr 0 rD _ N 3 z Name •CeptF ': ;arudtssst ddr [ terinend. Start Year f Ricky Anderson l t05 Flgl ft6ad ;e *t �; gg , °A7 478.3893 nck anders�in cWhers com '2024/C 2013 Spouse CourtneyVU Godtrey Grier 41117 Fitzgerald Way. 757460-3838 757403-9400 ggrier(a)ggrier.com 2023/8 2016 Spouse r Debbie V823451 Scott Miller '1102 Ceder'Romt Drive' <•'r: 757 629-0647. 757 589-6065 SmlifBr(�11Y YJ1►7drT1$mUNfBn.,G6rn 2a� /C -2017 Spouse1auren V8 23451 Jeff Nowak 2205 Summerwind Circle 757 478-3968 �effnowak a townebenefits.com 2024/C 2018 Spouse: V6 23454 Bettie Goodman 107 63rd Street bettie.goodman(cDomail.com Emeritus i VB 23451 428-5453 Executive Director Patricia Rakes Clark 1353 Laskin Road VB 23451 422-3913 757 576-1072 tclarklcD_sugarplumbakerV.or_q 2001 N C G) � a) oDq 7D0 ru Tq CL C l_- a)-9�:- ;7 0 rD _ 1, Z Ln Q) f7 • 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. SUGAR PLUM, INC. Agenda Item 6 page 15 of 15 G1N1A-B4c 04 G!'� z CITY OF VIRGINIA BEACH ' + INTER-OFFICE CORRESPONDENCE o �? 6 S OR OUR Wo, In Reply Refer To Our File No. DF-11225 DATE: October 4, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: Tori Eisenberg DEPT: City Attorney RE: Conditional Zoning Application; Sugar Plum Bakery, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated July 30, 2024 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. further.Please feel free to call me if you have any questions or wish to discuss this matter VRE/ka Enclosure cc: City Manager SUGAR PLUM, INC., a Virginia corporation TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION TO PROFFER AGREEMENT, is made this 30th day of July, 2024,between and among SUGAR PLUM,INC.,a Virginia corporation,Grantor,party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the second part. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of real property located in the District 6 of the City of Virginia Beach,Virginia, containing approximately .46 acres of land,which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Grantor is the successor-in-interest to LILLEL FARMS, INC. ("Lille] Farms"), a Virginia corporation; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable GPIN NO.: 2417-29-3117 Prepared by: Kyle D. Korte, Esq. VSB No. 71 162 Wolcott Rivers Gates 200 Bendix Road, Suite 300 Virginia Beach,VA 23452 conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's application gives rise; and WHEREAS, by Proffered Covenants Restrictions and Conditions dated October 31, 1997 and made by Lille] Farms and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on February 18, 1998 at Deed Book 3845, Page 2180 (the "Original Proffer Agreement"), Lillel Farms voluntarily subjected the Property to certain proffered conditions and restrictions (the "Original Proffers"); WHEREAS, the development proposed by Lille] Farms for the Property contemplated a single-story sales building for a women's dress and apparel shop, and; WHEREAS, the project proposed by Grantor is an extension of the retail establishment operated by Grantor on the adjacent property with single-story sales building, similar, but not identical, in design and construction to what was previously approved and is currently on file. NOW THEREFORE, Grantor has made application to the Grantee to modify the Proffers in part and accordingly, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or qqid pro,quo for zoning, rezoning, site plan, building permit, or subdivision approval, Grantor hereby makes the following modification to declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 2 All of the enumerated Original Proffers are hereby deleted in their entirety and in the place and stead thereof,the following are substituted: 1. The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and fagade of the Property shall be permitted. 2. The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. 3. The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B-lA Limited Community Business District. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. [Signatures Begin on Next Page] 3 WITNESS the following signatures and seals: SUGAR PLUM,INC., a Virginia corporation By: (SEAL) Name: (�,� C.L64 Title: W S��!' ct�' 14rZ- COMMONWEALTH OF VIRGINIA CITY OF V1�►hjpD(h , to-wit: I,the undersigned,a Notary Public in and for my City and State aforesaid,do hereby certify that futvlUq Glgv� , tx .Wr. of SUGAR PLUM, INC., a Virginia corporation,whose name is signed to the foregoing instrument,has acknowledged the same before me this day of _�jAj j , 2024, who is personally know to me or has produced dom wwm as identification. My Commission Expires:_ 0113012Q* Notary Public LEA My Commission Number: 1 5�5�� •• • •L �:• NOTggy pu �s •., •� Ott +tiN 0* 4 Exhibit "A" To Modification of Proffers ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered, and designated as Lot 5 (five), with 121.34' frontage on Laskin Road by 213.80' x 81.77' x206.10', on that certain plat entitled, "Fremac Lake Shores", made by Frank H. Gay, C.E., dated September, 1956 and duly recorded in the Clerk's Office of the Circuit Court of said City in Map Book 42, at page 28. TOGETHER with and subject to, the easements for ingress and egress described and conveyed in a Deed of Correction dated February 12, 1990 and recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Deed Book 2917, at page 553. LESS, SAVE AND EXCEPT property conveyed to the Commonwealth of Virginia by Certificate of Take, recorded in the Clerk's Office aforesaid in December 18, 2018 as Instrument No. 20181228001064740, and final order entered June 20, 2023 as Instrument No. 202303021961. IT BEING part of the same property conveyed by deed dated May 6, 2021 from Laskin Properties, LLC,a Virginia limited liability company,to Sugar Plum,Inc.,recorded May 6,2021 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 202103038229. 5 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item #6 Sugar Plum Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you. You may be seated. The next item is agenda item #6, Sugar Plum Bakery. Is there a representative here to speak on this? Mr. Garrington: Good morning, Madam Chair, members of the Planning Commission, for the record, Billy Garrington on behalf of the applicant. Applicant in this case is Sugar Plum Bakery, property known as 1361 Laskin Road. There are three proffers in the staff write up, and we're in total agreement with those, and I want to thank your staff for working with us on this piece of property, and we're in total agreement with the proffers, and we thank you for placing this on consent. Ms. Byler: Thank you. You may be seated. On this item, we've asked Commissioner Plumlee to please read it into the record. Mr. Plumlee: Thank you very much. This is an application for modification to proffer at 1361 Laskin Road for Sugar Plum Bakery Incorporated being the applicant. Our wonderfully informative staff provided us an excellent presentation on this item. There has been absolutely no objection placed to this,very minor modification of great importance to this applicant, and there were no objections from the members of the planning commission, and therefore it appears appropriate for the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. Ms. Byler: The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0,items 5,6, 8,9,and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today,your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person,but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and facade of the Property shall be permitted. Proffer 2 The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. Proffer 3 The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B-1A Limited Community Business District. -45- Item V-J.6. PUBLIC HEARING ITEM#43842 PLANNING Attorney R.E.Bourdon,Jr.,Pembroke One 51 Floor,Phone:499-8971,represented the applicant Upon motion by Council Lady Eure, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of MICHAEL D.SIFEN,INC.,a Virginia Corporation,for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN,INC.,A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMR-5D TO CONDITIONAL B-2 ZO7981107 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael D. Sifen, Inc., a Virginia Corporation for a Change of Zoning District Classification from R-51) Residential Duplex District to Conditional B-2 Conditional Business District on certain property located at the northeast corner ofLynnhaven Parkway and Salem Road. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail service, office and other compatible uses in accordance with Plan policies. Said parcel contains 5.17 acres.DISTRICT 2-KEMPSVILLE. This Ordinance shall be effective in accordance with Section 107(n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia,on the Fourteenth ofJuly,Nineteen Hundred and NineW-Eight. The following conditions shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 2. Accepted letter refuture lease.Said letter dated July 13,1998, is hereby made a part of the proceedings. The Formal Lease or Easement shall be reviewed and approved by City Council, Voting: 10-0 Council Members Voting Aye: John A.Baum,Linwood 0.Branch,III, Harold Heischober,Barbara M. Henley,Louis R.Jones,Reba S.McClanan,Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. St rayhorn Council Members Voting Nay: None Council Members Abstaining: William W.Harrison,Jr. Council Members Absent: None Councilman Harrison ABSTAINED as the landowner objecting to the right-of-way is represented by his law firm. July 14, 1998 SYKES, CARNES, BOURDON & AHERN, P. C. JON M.AHERN ATTORNEYS AND COUNSELORS AT LAW TELEPHONE 499-8971 R.EDWAIID BOURDON,lR. PEMBROKE OFFICE PARK AREA CODE 757 THOMAS S.CARNES FACSIMILE(757)156-. JAMES T.CROMWELL PEMBROKE ONE-THE FIFTH FLOOR OR 671.1454 KEITH L.KIMBALL VIRGINIA BEACH,VIRGINIA 23462-2989 KIRK B.LEVY TODD M.LYNN July l 3, 1998 JENNIFER D.ORAM-SMITH HOWARD R.SYKES,JR. ria Facsimile No.:427-4456 and Hand Delivery James C.Lawson,Director Department of Real Estate City of Virginia Beach Building 2, Room 170 Municipal Center Virginia Beach,Virginia 23456 RE: Proposed Ingres"gress Easement or Lease of Property for Utilization for Ingress and Egress on behalf of Michael D.Sifen,Inc. Property located east side of Salem Road beginning approl3malely 300 feet north of the Intersection of Salem Road and Lynnhaven Parkway Dear Jim: As you are aware, the City Council at their public hearing on Tuesday, July 14, 1998 will be voting upon the application of Michael D. Sifen, Inc. for Conditional Rezoning to Conditional B-2 on the 5.17 acre parcel of property at the northeast corner of the intersection of Salem Road and Lynnhaven Parkway. If approved, the property will be developed into no more than four (4) commercial businesses. One of the businesses will be a pharmacy (Walgreens) on the parcel located at the corner of Salem Road and Lynnhaven Parkway. At the request of City Council,we have proffered a revised Site Plan which depicts access to the property from Salem Road via a right-in light-out only entrance and driveway across the excess City property which was obtained from Ms. Buckner as a part of the Salem Road widening which is due to commence later this year. Based upon our discussions, this shall confirm that the following points will form the basis of a Lease Agreement or Easement Agreement which will be prepared subsequent to an approval of the afore referenced Conditional Rezoning by City Council: l. The owners of the rezoned property will be granted(via Lease or Easement Agreement)the right to utilize the property depicted on the Site Plan for construction and -46- Item V-J.4.a/b PLANNING ITEM#48676 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinances upon applications of STEPHENR.ROMINE MODIFIED COZ WALLOW CONVENIENCE STORE WITH FUEL SALES,BY CONSENT, on a Change of Zontne District Classification from R-5D Residential Duplex to Conditional B-2 Community Business at Salem Road and Lynnhaven Parkway, for Michael D. Sifen, Inc., (approved July 14,1998)(DISTRICT I-CENTERVILLE) AND, ORDINANCE UPON APPLICATION OF STEPHEN R ROMINE FOR A CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION WITH CONVENIENCE STORE)R09013070 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Stephen R Romine for a Conditional Use Permit far fuel sales in conjunction with a convenience store on certain property located on the northeast corner of Salem Road and Lynnhaven Parkway (GPIN #1475-85-4872) Said parcel contains 155 acres DISTRICT 1-CENTERVILLE The following conditions shall be required 1 The trash enclosure shall be screened with a solid brick wall to match the building,with landscaping in accordance with Section 245(e)of the zoning ordinance 2 All building mechanical equipment shall be screened in accordance with Section 245(e)of the zoning ordinance 3 No outdoor vending machines shall be allowed 4 No signage in excess of a total of 4 square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the convenience store 5 Signage for the site shall be limited to traffic control signs,one monument-style sign designed as specified in the Conditional Zoning Agreement,a sign above the storefront as shown on the proffered elevation drawings,logos and striping on the fuel pump canopy as shown on the proffered elevation drawing, and the signage allowed by Condition 4 No other signs shall be installed on any other wall area of the building or an the roof of the building on the canopy, on lighting poles, or any other portion of the site 6 No merchandise shall be displayed outside of the building 7 No doors shall be located on the side of the building fronting Salem Road 8 Additional evergreen trees and shrubs shall be provided in front of the doors on the side of the building fronting on Lynnhaven Parkway 9 Bike racks shall be provided near the store entrance September 25,2001 -47- Item V-J.4.a/b PLANNING ITEM#48676(Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty--fifth of September Two Thousand One Voting 9-2(By Consent) Council Members Voting Aye Linwood O Branch,III,Margaret L Eure, William W Harrison, Jr, Louis R Jones, Reba S McClanan, Robert C Mandigo,Jr, Nancy K Parker, Vice Mayor William D Sessoms,Jr and Rosemary Wilson Council Members Voting Nay Barbara M Henley and Mayor Meyera E Oberndorf Council Members Absent None September 25,2001 -48- Item V-14.c. PLANNING ITEM#48677 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of STEPHEN R.ROMINE for a Conditional Use Permit ORDINANCE UPON APPLICATION OF STEPHEN R ROMINE FOR A CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION WITH CONVENIENCE STORE R09013071 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Stephen R Romine for a Conditional Use Permtt for fuel sales in conjunction with a convenience store on certain property located at the northeast corner of General Booth Boulevard and Dam Neck Road(GPIN#2415-55-4556) Said parcel contains 38,768 square feet DISTRICT 7-PRINCESS ANNE The following conditions shall be required 1 The site shall be developed substantially as shown on the submitted site plan,entitled'Preliminary Site Development Plan for 7-Eleven Convenience Store at General Booth Boulevard and Dan Neck Road, Princess Anne Borough, Virginia Beach, Virginia,"prepared by URS,and dated 6111/001 2 The exterior of the primary structure and the fuel pump canopy shall be substantially as depicted on the submitted elevations entitled, "7-Eleven,Rendering M-5,"prepared by URS 3 The cross-access easement at the shared entrance on General Booth Boulevard for the commercial property to the north shall be retained 4 A right turn lane shall be provided at the entrance on General Booth Boulevard if it is deemed necessary by Public Works/Traffic Engineering during detailed site plan review 5 Pedestrian walkways shall be provided from the sidewalks in the public rights-of-way to the convenience store in accordance with Section 246(d)of the City Zoning Ordinance 6 The street front landscaping on General Booth Boulevard must be revised to reflect the existing corridor landscaping scheme which consists of Natchez Crape Myrtle Trees planted fifteen feet (15)on-center and a double staggered row of Nicks Compact Pfitzer Juniper,at three(3)gallon container size 7 In addition to the berms shown along Dam Neck Road on the submitted site plan described above in Condition 1, trees and shrubs planted in accordance with the street front planting requirements shall be provided on the detailed site plan 8 The trash enclosure shall be screened with a solid brick wall to match the building, with landscaping in accordance with the Section 145(3)of the City Zoning Ordinance 9 All building mechanical equipment shall be screened in accordance with Section 145(e)of the City Zoning Ordinance 10 No outdoor vending machines shall be allowed September 25,2001 -46- Item V-K 3. PLANNING ITEM#51724 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED the Ordinance upon application of LYNNHAVENBLOCKASSOCIATES,L.L.0(approved by City Council on July 14, 1998 and Modified September 25, 2001) ORDINANCE UPONAPPLICATIONOFLYNNHAVENBLOCKASSOCIATES, L L C FOR THE MODIFICATION OF A CHANGE OF ZONING DISTRICT CLASSIFICATION Z09031160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Lynnhaven Block Associates, L L C for the Modification of a Change ofZoning District Classification approved by City Council on July 14, 1998, and as modified by City Council on September 25, 2001 Property is located at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (GPINS 1475961048, 1475859946, 1475857859, 1475854849) DISTRICT] —CENTER VILLE The following condition shall be required 1 An Agreement encompassing modified proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of September, Two Thousand Three Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None September 23, 2003 / / 1 I � 1 0 B2 or 001, ,c00, / B;20 00, f. N ® Site Ferber Company Central, LLC, W E Property Polygons a Delaware limited liability company S Zoning 2061 Lynnhaven Parkway Building Feet 0 1530 60 90 120 150 180 gnu°�cT v a) ,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FERBER COMPANY CENTRAL, LLC [Applicant] LYNNHAVEN BOA L LLC & LYNNHAVEN BOA Q LLC [Property Owners] Modification of Proffers for the property located at 2061 Lynnhaven Parkway (GPIN 1475961048). COUNCIL DISTRICT 7 (Wooten) MEETING DATE: October 15, 2024 ■ Background: The applicant is requesting a Modification of Proffers to develop this site with a Panera Bread restaurant. The property is located along Lynnhaven Parkway within the Salem Crossing Shopping Center. The property was rezoned from R-5D Residential to Conditional B-2 Community Business in 1998 with subsequent modifications in 2001 and 2003. The 1998 proffers permitted certain uses on the property, specifically preschool/childcare education centers, business studios, offices, clinics, and financial institutions. A former Bank of America previously utilized the now vacant building. The proposed modification will add eating and drinking establishments, as a permitted use on the site. The existing 3,000 square foot building will remain with some minor exterior renovations to include removal of the existing teller canopy, addition of a dumpster enclosure with the required screening, updates to the existing signage and overall color scheme, and installation of a new door on the east elevation. All existing landscaping on the site, which is heavily screened from Lynnhaven Parkway, will remain. Parking is deficient on the site by 8 spaces, with 30 spaces required and only 22 provided on site. However, there is a reciprocal easement on the property that allows additional shared parking on Parcel I within the shopping center. The shopping center currently has ample parking, with 372 parking spaces required and 531 spaces provided. The restaurant anticipates no more than 6 to 8 employees on a shift during peak hours. The additional 8 required parking spaces will be provided on the adjacent parcel of the shopping center and will have minimal impact on the overall parking for the shopping center. ■ Considerations: The proposed development is consistent with the Comprehensive Plan's vision for the Suburban Area, as it pertains to infill development. The exterior changes proposed to the building are consistent with the Suburban Area Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines. As Ferber Company Central, LLC Page 2 of 3 such, Staff and the Planning Commission concurred that the proposed modification request will not negatively impact the surrounding properties, but rather will improve the aesthetics of the site with a restaurant that can be utilized by surrounding property owners, visitors, and residents. While the Conceptual Site Layout Plan submitted to the Planning Commission did not include a bike rack, to meet the City's Active Transportation initiatives, the applicant revised the plan between Planning Commission and City Council to ensure that a bike rack was added to the plan. The updated plan which is included as an attachment, was submitted before the proffer deadline of 10 days prior to the City Council hearing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. PROFFERS Proffer 1 That portion of Proffer numbered 1" in the 2003 Proffers applicable to PARCEL D ("Parcel D Site Plan") is deleted and replaced with: 1. When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled "SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA", dated 05-28- 2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced ("hereinafter "PARCEL D LAYOUT") Proffer 2 That Portion of Proffer numbered "3" in the 2003 Proffers applicable to Parcel D is deleted and replaced with: 3. When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Proffer 3 Proffer numbered 'A" in the 2003 Proffers is deleted and replaced with: Ferber Company Central, LLC Page 3 of 3 4. The exterior building materials, architectural design elements, and building mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled "Elevations — 2061 Lynnhaven Parkway" — 6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter "Panera Parcel D Elevations"). Proffer 4 Proffer numbered "9" in the 1998 Proffers is deleted and replaced with: 9. The only uses which are permitted on "PARCEL D" are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a financial institution; (iv) business studios; (v) offices; or (vi) clinics. Proffer 5 Except as modified or deleted herein, the remaining unchanged proffer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proffers, 2001 Proffers, and 2003 Proffers, are hereby ratified and affirmed. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing REVISED CONCEPTUAL SITE LAYOUT plan dated 05-28-2024, as revised 06- 24-2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 41 City Manager:)/p Agenda Applicant: Ferber Company Central, LLC Property Owner: Lynnhaven BOA L LLC & Lynnhaven BOA Q LLC Planning Commission Public •: Septembe CouncilCity •• Project Details Request Modification of Proffers StaffRecommendation Approval StaffPianner Marchelle Coleman Location 2061 Lynnhaven Parkway a GP/N �` 1475961048 __. JaoatN Ap AVA�ENE Site Size 1.06 acres A/CUZ Less than 65 dB DNL Watershed s . Southern Rivers t # Existing Land Use and Zoning District Former bank/Conditional B-2 Community Business Surrounding Land Uses and Zoning Districts North " v2 Shopping Center/ B-2 Community Business z•��,�w� South r Lynnhaven Parkway Restaurant/ B-2 Community Business - Y • East "4_ �` Restaurant/ B-2 Community Business West Retail / B-2 Community Business Ferber Company Central, LLC Agenda Item 5 page 1 of 22 -Background iSummaryofProposal • The applicant seeks to amend proffers associated with a Conditional Rezoning approved by City Council on July 14, 1998 to rezone this property from R-51) Residential District to Conditional B-2 Community Business District to redevelop the site with an eating and drinking establishment with a drive-thru.The applicant is proposing to modify original proffers from 1998, as well as modified proffers approved in 2001 and 2003, to modify the site layout, renderings, landscaping, and proposed uses on this property in order to adapt a former Bank of America building for reuse as a Panera Bread restaurant with a drive thru. • The 1998 proffers include a proffer that governs the permitted uses on the property (PARCEL D), stating that the only uses which will be permitted on "Parcel D" are: preschool/childcare education center, business studios, offices and clinics, or a financial institution. Proffer 9 will be amended to add eating and drinking establishment with a drive thru as a permitted use. • As depicted on the conceptual site plan and proposed building elevations, the applicant proposes minimal changes to the site, but will remove the existing bank teller canopy that covers existing drive thru lanes. The applicant intends to reuse these lanes but will install an awning on the building to partially shelter the drive thru lane and cashier window. The building's existing brick facade will remain with minimal changes to include building signage, window awnings, changing the color scheme, and proposed new door along the east elevation. • As stated previously, new signage is proposed on the building, as depicted on the proffered building elevations.The existing freestanding sign on the property will also remain but will be replaced with a new face to display the restaurant's logo, as shown on the proposed building elevations. The existing freestanding sign is neither internally nor externally illuminated. • Interior parking lot, building foundation plantings, and streetscape plantings will remain, as depicted on the conceptual site plan. A dumpster enclosure is proposed with the required screening plantings shown. The proposed landscaping appears to meet requirements set forth in the Site Plan Ordinance. • Section 203(a)(30) of the Zoning Ordinance requires a minimum of 30 parking spaces. 22 parking spaces to include two handicap spaces are proposed on the parcel per the concept plan. While all the required parking is not met on site, there is a recorded reciprocal easement agreement which allows shared parking on the adjacent parcel, thereby, meeting all parking requirements for this proposed use. • The proposed hours of operation will be from 6:00 a.m. to 10:00 p.m. daily with a total number of 25 employees. Six to eight employees are anticipated to work during peak hours. Ferber Company Central, LLC Agenda Item 5 page 2 of 22 Zoning Map Key No. Request CUP (Tattoo Parlor) Approved v 04/04/2023 1 REZ Approved 10/14/2003 ss REZ Approved 07/14/1986 v CUP (Church) Approved 04/14/1986 CUP (Tattoo Parlor) Approved 09/08/2022 CUP (Indoor Commercial Recreation Facility) Approved 09/10/2013 82 ez 2 CUP (Indoor Recreation Facility) Approved 10/11/2011 MDC Approved 02/27/1996 °mac CRZ (R-5D to Conditional B-2 A,z 3 Community Business District) Approved 07/11/1995 3 REZ Approved 06/26/2007 MDP Approved 10/14/2003 MDP Approved 09/25/2001 4 CRZ (R-51)to Conditional B-2 Community Business District) Approved 07/14/1998 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 Evaluation - • • . • This request to modify the proffers to amend the conceptual site plan, building renderings, and proposed uses for Parcel D are acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development.The proposed building is consistent with the Suburban Area Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines, as the existing building will remain with minor changes. Staff does not anticipate any diminished quality of the site as a result of this request, as the existing former bank building will remain but will incorporate minor changes to include the removal of the existing canopy, painting of existing awning along main front facade, new building signage, and a proposed new door along the Ferber Company Central, LLC Agenda Item 5 page 3 of 22 east elevation. The proposed elevations show the existing red brick to remain, consistent with the architectural materials and design of the adjacent buildings in the vicinity. Staff believes that the site layout will not be adversely impacted as all existing landscaping will be retained, meeting the requirements of the Site Plan Ordinance. In addition, the majority of the parking, totaling 22 spaces, will be provided on site.The other required parking spaces (totaling eight spaces) will be provided on the adjacent parcel within the shopping center, as permitted through the existing reciprocal easement agreement. The Salem Crossing Shopping Center requires 372 parking spaces, however, 531 parking spaces are provided.The additional eight required parking spaces will be provided on the adjacent parcel of shopping center and will have minimal impact on the shopping center's parking, as sufficient parking is provided. In addition,the applicant will revise the plan between Planning Commission and City Council to include a bike rack to meet the bicycle space parking requirements. It is the opinion of Staff that the traffic generated by this restaurant will result in a total of 1,636 average daily trips.Traffic Engineering Staff reviewed the request and indicated while the proposal for an eating and drinking establishment with drive-thru will slightly increase the traffic volume, Lynnhaven Parkway is well under capacity and can easily accommodate the anticipated increase. Based on the considerations above, Staff recommends approval of this request subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable;' (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 That portion of Proffer numbered "1" in the 2003 Proffers applicable to PARCEL D ("Parcel D Site Plan") is deleted and replaced with: 1. When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled "SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA", dated 05- 28-2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced ("hereinafter "PARCEL D LAYOUT") Proffer 2 That Portion of Proffer numbered "3" in the 2003 Proffers applicable to Parcel D is deleted and replaced with: 3. When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Ferber Company Central, LLC Agenda Item 5 page 4 of 22 Proffer 3 Proffer numbered "4" in the 2003 Proffers is deleted and replaced with: 4. The exterior building materials, architectural design elements, and building mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled "Elevations—2061 Lynnhaven Parkway"—6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter "Panera Parcel D Elevations"). Proffer 4 Proffer numbered "9" in the 1998 Proffers is deleted and replaced with: 9. The only uses which are permitted on "PARCEL D" are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a financial institution; (iv) business studios; (v) offices; or (vi) clinics. Proffer 5 Except as modified or deleted herein, the remaining unchanged proffer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proffers, 2001 Proffers, and 2003 Proffers, are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 2003 Proffers Proffer 1 Proffer numbered "I" in the 2001 Proffers is amended to read: When the Property is developed, Parcels "B" and "C" shall be developed substantially as shown on the Exhibit entitled "PRELIMINARY SITE PLAN OF THE LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN", prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel A Site Plan"). Parcel "D" shall be developed substantially as shown on the exhibit entitled "BANK OF AMERICA LYNNHAVEN SQUARE NEW STORE", prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated June 27, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel D Site Plan"). Proffer 2 Proffer numbered "2" in the 2001 Proffers is deleted. Ferber Company Central, LLC Agenda Item 5 page 5 of 22 Proffer 3 Proffer numbered 3 in the 2001 Proffers is amended to read: When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7- ELEVEN", prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. When Parcel "D" is developed, Parcel "D" shall contain landscaping features substantially in accordance with the Parcel "D" Site Plan. Parcels "B" and "C" shall contain a minimum of five percent (5%) of landscape and open space in addition to the 25' Landscape Buffer reference herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum five percent (5%) landscape/open space requirement referenced herein. Proffer 4 Proffer numbered "13" in the 1998 Proffers is amended to read:The external building materials and architectural design elements of the building depicted on the Parcel D Site Plan shall be substantially the same as shown on the exhibit entitled "ELEVATIONS', BANK OF AMERICA, LYNNHAVEN SQUARE SHOPPING CENTER, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated 7/29/03, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel D Rendering"). Proffer 5 All of the terms, conditions, covenants, servitudes and agreements set forth in the 2001 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4514, at Page 0910, save and except, Proffer 1 as specifically amended and modified herein and Proffer 2 as deleted herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns,tenants, and other successors in interest or title. Proffer 6 All of the terms, conditions, covenants, servitudes and agreements set forth in the 1998 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587, save and except, Proffer 13, as specifically amended and modified herein, and Proffer 1, Proffer 2, Proffer 7, Proffer 8, Proffer 10, Proffer 12, Proffer 17, Proffer 18, and Proffer 19, as specifically amended, or deleted in the 2001 Proffers, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. Ferber Company Central, LLC Agenda Item 5 page 6 of 22 2001 Proffers Proffer 1 "PROFFER I" is amended to read: When the Property is developed, parcels "B," "C," and "D" shall be developed substantially as shown on the exhibit entitled "PRELIMINAA'{SITE PLAN OF THE VILLAGES OF LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach,Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN," prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "site plan"). Proffer 2 "PROFFER 2" is amended to read: When those portions of the Property designated Parcel "A" and Parcel "D" are developed, Parcel "D" shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN PARCELS A & D ATTHE VILLAGES of Lynnhaven, for Sifen Incorporated", prepared by Porterfield Design Center which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"}. Proffer 3 PROFFER 7" is amended to read: When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN," prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Parcels B, C, and D shall contain a minimum of five percent (5%) of landscape and open space area in addition to the "25' Landscape Buffer" referenced herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of the site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum five percent (5%) landscape/open space requirement referenced herein. Proffer 4 "PROFFER 8" is amended to read:The only use which will be permitted on "Parcel A" is either a drugstore/pharmacy, an eating and drinking establishment without drive through windows, which does not require a conditional use permit, a convenience store and automobile services station, or a financial institution. Proffer 5 "PROFFER 10" is amended to read: Each parcel shown on the Site Plan shall contain pedestrian ways connecting said parcels to one another and to the shared boundary with Salem Crossing Shopping Center as indicated on the Site Pinn. The pedestrian access ways which cross paved and/or vehicular areas, shall be delineated by the use of paver blocks or other similar architectural treatment. Ferber Company Central, LLC Agenda Item 5 page 7 of 22 Proffer 6 "PROFFER 12" is amended to read:The external building materials and architectural design elements of the building depicted on Parcel "A" shall be substantially the same as shown on the exhibit entitled "7-ELEVEN CONVE!'IIENCE STORE WITH FUEL STATION" dated July 2, 2001, which has been exhibited to the: Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter "Rendering"). Proffer 7 "PROFFER 17" is deleted. Proffer 8 "PROFFER 18" is deleted. Proffer 9 "PROFFER 19" is deleted. Proffer 10 All of the terms, conditions, covenants, servitudes and agreements set forth in "Proffered Covenants, Restrictions and Conditions" dated January 28, 1998, and recorded in the Clerk's Office in Deed Book 3938, at Page 1587, save and except, Proffer I, Proffer 2, Proffer 7, Proffer 8, Proffer 10, Proffer 12, Proffer 17, Proffer 18, and Proffer 19, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, his heirs. personal representatives, assigns, tenants, and other successors in interest or title. Proffer 11 Further conditions may be required by the GRANTEE during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 1998 Proffers Proffer 1 When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OF THE VILLAGES OF L YNNHAVEN, SALEM & LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Proffer 2 When those portions of the Property designated Parcel "A" and Parcel "D"' are developed, they shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN PARCELS A & D AT THE VILLAGES of Lynnhaven,for Sifen Incorporated", prepared by Porterfield Design Center which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan") Ferber Company Central, LLC Agenda Item 5 page 8 of 22 Proffer 3 When Parcel "A" is developed and when Parcel "D" is developed. GRANTORS shall create the stormwater retention area, install the landscaping. brick columns and berming as depicted on the Concept Plan.The stormwater retention area will be designed and engineered to feature areas of native wetland and riparian vegetation. In addition to engineering review. the plans for the stormwater retention area shall be reviewed and approved by the Planning Director or designee for consistency with this proffer. The sodded berms shall be a minimum of two feet (2') in height measured from a base elevation equal to that of the sidewalk within the Lynnhaven Parkway right-of-way adjacent to the area designated "25' Landscape Buffer" on the Site Plan. Proffer 4 When Parcels "B" and "C" are developed, GRANTORS shall create a landscaped stormwater retention area within the area designated "25' Landscape Buffer" on the Site Plan, utilizing the same design, landscaping and brick columns utilized on Parcels "A" and "D", as depicted on the Concept Plan. Proffer 5 At the time of the subdivision of the parcels shown on the Site Plan, GRANTORS shall record a no- ingress/egress easement along the portions of the parcels contiguous to Lynnhaven Parkway and Salem Road, except as allowed for ingress/egress as shown on the Site Plan. Proffer 6 The number of parcels shall not exceed the four (4) depicted on the Site Plan and no parcel shall be less than one acre in size. Proffer 7 Each parcel shall contain a minimum of five percent (5%) of landscape and open space area in addition to the "2S' Landscape Buffer" referenced herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of the site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum five percent (S%) landscape/open space requirement referenced herein. Proffer 8 The only use which will be permitted on "Parcel A"' is either a drugstore/pharmacy, an eating a.11d drinking establishment without drive through windows. which does not require a conditional use permit, or a financial institution. Proffer 9 The only use which will be permitted on "Parcel D" is either a preschool/child care education center, business studios, offices and clinics, or a financial institution. Proffer 10 Each parcel shown on the Site Plan shall contain pedestrian ways and a bike path connecting said parcels to one another and to the shared boundary with Salem Crossing Shopping Center as indicated on the Site Plan. The pedestrian access ways which cross paved and/or vehicular areas, shall be delineated by the use of paver blocks or other similar architectural treatment. Ferber Company Central, LLC Agenda Item 5 page 9 of 22 Proffer 11 No parking spaces or dumpsters on the Property shall be located between Lynnhaven Parkway and/or Salem Road and the respective buildings on each parcel. Proffer 12 The external building materials, colors and architectural design elements or the building depicted on Parcel "A" shall be substantially the same as shown on the exhibit entitled "Walgreens Pharmacy Picture", dated 4/2/98, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture"). The architectural design elements of the non-brick portion of the building facade at the store entrance, as depicted on the Picture, shall be replicated on the corner of the building nearest the intersection of Lynnhaven Parkway and Salem Road. Proffer 13 The external building materials, colors and architectural design elements of the building depicted on Parcel "D" shall be those depicted and described on the Concept Plan. Proffer 14 The external building materials and colors used on the buildings constructed on Parcels "B" and "C" shall be the same building materials and colors used on the buildings on Parcels "A" and "D", excluding accents and windows. The architecture, including pattern of materials and design elements used, of the buildings on Parcels "8" and "C" shall be complementary to the architecture of the buildings on Parcels "A" and "D". Elevations and renderings of the buildings proposed for Parcels "B" and "C" shall be reviewed by the Planning Director or designee for compatibility prior to site plan approval. Proffer 15 No parcel shall contain more than one (1) principal building, however, for purposes of this proffer, an automated teller machine and its supporting structure shall net be considered an additional principal building. An automated teller machine may only be placed on any parcel after approval of a submitted site plan and rendering, by the Planning Director or designee based upon its compatibility with the architecture of the principal building and its compatibility with traffic circulation within the Property. Proffer 16 All freestanding signage shall be monument style, shall not exceed a height of eight feet (8'), and no portion of the signage on each sign shall protrude beyond the sign face area. Any freestanding sign constructed on a parcel shall have a brick base matching the brick on the principal building. No neon lighting visible from Lynnhaven Parkway, Salem Road, or adjoining property shall be permitted to be placed on the property. Proffer 17 The freestanding monument style sign shown on the Concept Plan for Parcel "A" and as depicted on the Picture, shall utilize a white background with red lettering. Proffer 18 The pedestrian entry feature to Parcel "A" at the corner of Lynnhaven Park way and Salem Road, as depicted on the Concept Plan, shall utilize pavers, stamped concrete or a combination of the two for the depicted Ferber Company Central, LLC Agenda Item 5 page 10 of 22 walkway areas from the sidewalk within the City right-of-way, back to and around the "Annual Beds" surrounding the "Monument Sign". Proffer 19 No automobile services station and no eating and drinking establishment with drive through windows shall be permitted on the Property. Proffer 20 The only uses which will be permitted on Parcel •'B" and Parcel "C" are those which are permitted uses in the B-1A Limited Community Business District. Proffer 21 Further conditions may be required by the GRANTEE during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The Comprehensive Plan identifies this area as being in the Suburban Area of the city. The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses (1-60). Commercial development, such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing, scale, and overall design. Outparcels redeveloped with facades on the primary street calm traffic and create a face to the development to prepare it for future uses" (p. 12). A "strong street edge" of outparcel redevelopment is seen as the steppingstone to begin and encourage redevelopment on the interior of the subject area. The applicant does not appear to be significantly altering the layout of the site beyond the removal of the drive thru canopy. The elevations are standard and is appropriate architecture for the surrounding area. The proposal aligns with the appropriate land use and enhances the area by having filled a vacant outparcel to occupied with a few upgrades. ResourcesNatural & Cultural • 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 Lynnhaven Parkway 24,200 ADT- 36,900 ADT 1(LOS 4 «D") Existing Land Use Z-351 ADT Proposed Land Use 3- 1,636 ADT Ferber Company Central, LLC Agenda Item 5 page 11 of 22 1 Average Daily Trips 'As defined by an 'As defined by an 'LOS = Level of approx. 3,000 square approx. 3,000 square Service foot bank with drive- foot fast food with thru drive-thru Master Transportation Plan(MTP)and Capital Improvement Program(CIP) The MTP shows this segment of Lynnhaven Parkway as a four-lane minor arterial. There are no CIP projects planned for this area. Public Utility Impacts Water&Sewer The property is connected to City water and sewer. Water and sanitary sewer service must be verified and improved, if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. Ferber Company Central, LLC Agenda Item 5 page 12 of 22 Proposed Conceptual Site Layout i . I Ferber Company Central, LLC Agenda Item S page 13 of 22 Proposed • • m o) I ® Jya t v a i • i +• 5 1 1� w x z z 0 N i 9 Z F C �~ffi O N sag W r.. +) � O N Ferber Company Central, LLC Agenda Item 5 page 14 of 22 ELEVATIONS -2061 LYNNHAVEN PARKWAY ' pg.2 _—_T_Q_RROQF 4 t.�•i7 — --- TO.P,�p�p�7� .. zr.a— 7 .ii,,. as,raHaxro�av,n T , g�ra�r•noht t7-t0• • p k North Elevation Iz 0 East Elevation 6/27/24 - °' I n as N (D Ln rt N 3 N Ln (7 Proposed ■ , . Enclosure / ®®-� Zz24 — �2d ] - #ua:)6edw qjaqj a� ! ; • •— -W k _ ■g�§� �� S a AMId eAeq uu I#z § � _ _UV_. | . � § | | th V E § ; . � . � < « - % } , ■ _ J q|| § § | __.. . . _ . . . . . Ferber Compan Central, [L Agenda Ite m 5 page 16 0 22 Site Photos ilk a ' ZA ON � r , K f Site Photos � x pm 100* F R�7 4 y g r _ t Disclosure CITY OF Disclosure VIRGINIA V-B- 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: Ferber Company Central, LLC, a Delaware limited liability company as listed on application _ Is Applicant also the Owner of the subject property? YesO Noe If no,Property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO If yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon,Ahern &Levy, P.C. is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) [The Ferber Company,Inc.is the sole member and manager Does the subject property have a proposed or pending purchaser? Yes •, No If yes,name proposed or pending purchaser. Applicant 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 Noe If yes,name the official or employee,and describe the nature of their interest. I 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.) I::: SERVICE YES NO SERVICE PROVIDER - - - (Nome entity and/or individual Financing(mortgage,deeds of trust, © O To be Determined cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor e O Connie Jordan Nioelsen,Thalhimer Disclosure Statement I rev. May-2024 page 1 of 3 Ferber Company Central, LLC Agenda Item 5 page 19 of 22 Disclosure SECTION APPLICANT DISCLOSURE . -. SERVICE YES NO SERVICE PROVIDER Name entityand/or individual Accounting/Tax Return Preparation © 0 Architect/Designer/Landscape 0 O Architect/Land Planner _ Construction Contractor @ O To be determined Engineer/Surveyor/Agent O ® Issam(Sam)Beraki,Civi Enginnedng&Construction Sentoes(CECS) Legal Services O ® R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ.I certify that all information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. D191fa11y 400d by Th.. Ferber Company Central, LLC Thomas Hopkins Horeizos,.o7.rsoe.03.43 0500 07/15/2024 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores 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 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): 9/24/2024 Marchelle L. Coleman 9/24/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Ferber Company Central, LLC Agenda Item 5 page 20 of 22 SECTIONDisclosure Statement PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Lynnhaven BOA L LLC& Lynnhaven BOA Q LLC Is the Owner 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 2 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Yuyuan Lucy Lu and Quiren Lu Does the subject property have a proposed or pending purchaser? Yes@ Noo if yes,name proposed or pending purchaser: Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, © @ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor @ 0 Karen Mikulski,TSCG Accounting/Tax Return Preparation 0 @ Architect/Designer/Landscape o @ Architect/Land Planner Construction Contractor 0 @ Engineer/Surveyor/Agent 0 @ Legal Services @ 0 Chdsw*rAmbrosio,Woods Rogers Vandeventer Black,PLC PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or an,. public body or cot ,tee inyonnection w his application. Lynnhaven BOA L LLC&Lynnhaven BOA Q LLC �� /24/2024 Property Owner Name(Print) Property Owner Signature Date _ Disclosure Statement I rev. May-2024 page 3 of 3 Ferber Company Central, LLC Agenda Item 5 page 21 of 22 • 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. Ferber Company Central, LLC Agenda Item 5 page 22 of 22 GtNIA'BFA 04 = i CITY OF VIRGINIA BEACH U N' a • _ INTER-OFFICE CORRESPONDENCE o F S 9 0 OUR NAt�ON In Reply Refer To Our File No. DF-11226 DATE: October 4, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: Tori Eisenberg DEPT: City Attorney RE: Conditional Zoning Application; Ferber company Central, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated June 28, 2024 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. VRE/ka Enclosure cc: City Manager THIRD AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS FERBER COMPANY CENTRAL, L.L.C., a Delaware limited liability company LYNNHAVEN BOA L LLC, a Virginia limited liability company LYNNHAVEN BOA Q LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28' day of June, 2024, by and between FERBER COMPANY CENTRAL, LLC, a Delaware limited liability company, party of the first part, Grantor; LYNNHAVEN BOA L LLC, a Virginia limited liability company and LYNNHAVEN BOA Q LLC, a Virginia limited liability company, parties of the second part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are together the owners of that 1.056 acre parcel of property located in the City of Virginia Beach, Virginia, as described in Exhibit "A" attached hereto and incorporated herein by reference, which is referred to herein as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated January 28, 1998 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587 (hereinafter"1998 Proffers"),the Amendment To Proffered Covenants, Restrictions and Conditions GPIN: 1475-96-1048-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 dated August 2, 2001 as recorded in the afore referenced Clerk's Office in Deed Book 4514, at Page 0910 (hereinafter "2001 Proffers") and the Second Amendment To Proffered Covenants, Restrictions and Conditions dated August 22, 2003 as recorded in the afore referenced Clerk's Office as Instrument Number 200311130187020 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property as herein described; and WHEREAS, it is the intent of the Grantors that, except as expressly modified herein, any remaining unchanged,proffered covenants,restrictions and conditions applicable to the Property set forth in the 1998 Proffers, the 2001 Proffers and the 2003 Proffers shall remain unchanged; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid pro uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. That portion of Proffer numbered "1" in the 2003 Proffers applicable to PARCEL D ("Parcel D Site Plan") is deleted and replace with: 2 1. When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled, "SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA", dated 05-28-2024, as revised 06-24-2024,prepared by CECS,which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced(hereinafter"PARCEL D LAYOUT"). 2. That portion of Proffer numbered "3" in the 2003 Proffers applicable to Parcel D is deleted and replaced with: 3. When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. 3. Proffer numbered"4" in the 2003 Proffers is deleted and replaced with: 4. The exterior building materials, architectural design elements, and building mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, replaced, or renovated substantially as depicted and described on the three (3)page exhibit entitled, "Elevations-2061 Lynnhaven Parkway"—6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter "Panera Parcel D Elevations"). 4. Proffer numbered "9" in the 1998 Proffers is deleted and replaced with: 9. The only uses which are permitted on "PARCEL D" are (i) an eating and drinking establishment with a drive thru; (ii) a pre-school childcare education center; (iii) a financial institution;(iv)business studios;(v)offices; or(vi)clinics. 5. Except as modified or deleted herein, the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel D,as set forth in the 1998 Proffers,2001 Proffers and 2003 Proffers, are hereby ratified and affirmed. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The 3 conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: FERBER COMPANY CENTRAL,LLC, a Delaware kited liabilit company By: (SEAL) Thomas opkins,Vice President Retail C nstruction Services STATE OF TENNESSE CITY/COUNTY OF �v���� ,to-wit: The foregoing instrument was ore me this '2. �4 day of--1 u C , 2024,by Thomas Hopkins,Vice Pres dent Retail Constru 'on Services of Ferber Company Central, LLC, a Delaware limited liability co any,Grantor. Not lic My Commission Expires: 1 Notary Registration Number: , � A STATEOF TENNESSEE t i NOTARY = i AF tiO C� J N 5 WITNESS the following signature and seal: Grantor: LYNNHAVEN BOA L LLC, a Virginia limited liability company By: (SEAL) Name: IV q STATE OF VIRGINIA r', . CITY/COUNTY OF r , to-wit: The fore ping instrument was acknowledged before me this 2 q day of u 2024, byum an L (�`�w n eh of Lynnhaven OA L LLC, a Virginia ' ted liability company, Grantor. N tary Public My Commission Expires: 6 �� 2,9 Notary Registration Number:-5Z 10 C5 D RUBY 8HR'8THA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30.2028 COMMISSION N 8105506 6 WITNESS the following signature and seal: Grantor: LYNNHAVEN BOA Q LLC, a Virginia limited liability company By: l._- t ate_ �'`z (SEAL) Name: 2— STATE OF VIRGINIA rr-� CITY/COUNTY OF �F-G(.t�f�x ,to-wit: The f7goin instrument was acknowledged before me this Z y day of u 2024, by Ulr2n U C-&- Owne( of LynnhaveiVBOA Q LLC, a Virginia limited liability company, Grantor. RS Notary Public My Commission Expires: 0 6/3 D l 7.oZ 9 Notary Registration Number: 1 0 5 5 0 (0 RUBY 9HRE'SYHA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30.2028 COMMISSION#8105506 7 EXHIBIT "A" All that certain tract or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, shown and designated as Parcel D on that certain plat entitled "Subdivision of Lynnhaven Square located on Lynnhaven Parkway, Virginia Beach, Virginia" dated October 26, 2000 and prepared by Site Improvement Associates, Inc. and recorded in Map Book 305, at Page 22 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. TOGETHER WITH AND SUBJECT TO beneficial easements as set forth on plat entitled "Subdivision of Lynnhaven Square located on Lynnhaven Parkway,Virginia Beach,Virginia"dated October 26, 2000 and prepared by Site Improvement Associates, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 305, at Page 22. TOGETHER WITH beneficial easements as set forth in Declaration of Easements dated March 1, 2002 and recorded April 26, 2002 in Deed Book 4678,at Page 739 as shown on plat recorded in Map Book 305, at Pages 22-24; as affected by Corrected Declaration of Easements re-recorded July 16, 2002 as Instrument Number 200207163001620, in the aforesaid Clerk's Office. FURTHER, TOGETHER WITH AND SUBJECT TO beneficial easements as set forth in Amended and Restated Declaration of Easements, Covenants and Restrictions dated April 1, 2002 and recorded April 26, 2002 in Deed Book 4678, at Page 744 and shown on plat recorded in Map Book 305, at Pages 22-24; as affected by Corrected Amended and Restated Declaration of Easements, Covenants and Restrictions re-recorded July 16, 2002 as Instrument Number 200207163001620, in the aforesaid Clerk's Office. FURTHER, TOGETHER WITH AND SUBJECT TO beneficial easements as set forth in Reciprocal Easement Agreement dated May 6, 2003 and recorded June 30, 2003 as Instrument Number 200306300098994; as affected by First Amendment to Easements with Covenants and Restrictions Affecting Land("ECR") dated May 6, 2003 and recorded June 30, 2003 as Instrument Number 200306300098993, in the aforesaid Clerk's Office. GPIN: 1475-96-1048-0000 H:\AM\—Mod of Proffers\—Ferber Company Central\3rd Amendment to Proffers-Clean-REB-8-12-2024.docx 8 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 5 Ferber Company Central, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Okay,thank you very much. We will now move to the consent agenda, and I've asked Commissioner Byler to serve as the acting vice chair to walk us through the consent agenda. Ms. Byler: Thank you, Madam Chair. Today we have four 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 item is agenda item#5,Ferber Company Central, LLC. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Ms. Byler. For the record, Eddie Bourdon, Virginia Beach Attorney representing Ferber Company Central, LLC. My client is in attendance today, and appreciates the kind words that you all had for this application in the informal. We appreciate being on the consent agenda. It's a modification of proffers. So, obviously there are conditions, and appreciate Marchelle's work on this application. Thank you. Ms. Byler: Thank you, and are the conditions acceptable to your client? Mr. Bourdon: They're in our proffer agreement, so they are acceptable to us, yes. Ms. Byler: Thank you. You may be seated. Ms. Byler: We're going to go back to agenda item#5 to have that read into the record. Commissioner Byler is doing a great job. So we're just going to continue moving forward. Ms. Byler: Thank you. We've asked Commissioner Hippen to please read agenda #5, Ferber Company Central, LLC into the record. Ms. Hippen: The applicant seeks to amend proffers associated with the conditional rezoning approved by City Council on 14 July 1998 to rezone this property from R5-1)residential district to conditional B2 community business district to redevelop the site with an eating and drinking establishment with a drive through. The applicant is proposing to modify original proffers from 1998 as well as modify proffers approved in 2001 and 2003 to modify the site layout,renderings,landscaping,and proposed uses on this property in order to adapt a former Bank of America building for reuse as a Panera Bread restaurant with a drive thru. Hearing no objections,this item is being placed on the consent agenda. Ms. Byler: Thank you, Commissioner Hippen. Ms. Byler: The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0,items 5,6, 8,9,and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today,your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person,but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk,we're ready for the first item on the regular agenda. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Proffers Proffer 1 That portion of Proffer numbered "1" in the 2003 Proffers applicable to PARCEL D ("Parcel D Site Plan") is deleted and replaced with: When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled "SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA", dated 05-28-2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced ("hereinafter "PARCEL D LAYOUT") Proffer 2 That Portion of Proffer numbered "3" in the 2003 Proffers applicable to Parcel D is deleted and replaced with: When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Proffer 3 Proffer numbered "4" in the 2003 Proffers is deleted and replaced with: The exterior building materials, architectural design elements, and building mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled "Elevations —2061 Lynnhaven Parkway" —6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter "Panera Parcel D Elevations"). Proffer 4 Proffer numbered "9" in the 1998 Proffers is deleted and replaced with: The only uses which are permitted on "PARCEL D" are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a financial institution; (iv) business studios; (v) offices; or(vi) clinics. Proffer 5 Except as modified or deleted herein, the remaining unchanged proffer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proffers, 2001 Proffers, and 2003 Proffers, are hereby ratified and affirmed. ')N T 1 o VK*M MAP OWNER- y JI ' *�T✓ w \ .1�� � LrrN�uvEN wA L uc s P.o, VEx BA a uc AV AWE 0 O_t' \ / / CHWLDTIES NC]2.12-2111 DM ETGER: RAIL CONSTRUCIKKI SERNCES VENU NDRfH NC��4 2222 _ J / NASm+LIE.1N 3TN1 f''rr 3. SRC AWR-2(10616LYNL). PARKWAY PI J. Ip6 D B11 (EWDRIOWL5 4,PG 91D CWWNNS RFCdIDED N O®BOON 39J6,PG.156]N!0 AAICNDED E DEED W T I A,PO.9 P API R NCES. .A/3019080]W066OA90(DEED).PARCEL 0.Y.B.b5.M.12-3/(PUT) Im -- S ENT GEUSE vACUR BIRLdNO(BANK) 6. PROPOSED USE:EATNO AND DRIYaiO ESTANISM1ENf%RIl1 ORNE-1NRWp1 MINDOWS(PAMEW BREADJ RVW ]. %6TMG BUILDMG AREA Sr S.P. 6- PARKING REWNEO-(1 SPACE/1W S.P.—ME)(J000 S.T.)-JO FACES aw¢D T9 PARKING PRONDED-22 SPACES(NCLUDES 2 HANDICAP SPACES) AC—REE NTIO1.RECRROI'Jl EYEI!! hAWWEYFM RECORDEARCEL N / RISiRIIAIEM 2W306JOfX19B99A. 9. SRE ARU A6.016 ST(1.056 ACHES) TOTAL 05TIA®FD AREA-22.1 W S.E. i 10.E DD—(S):IWE%AS—ON M—NSURANCE MR YAP(iWN).Tdl 1NE CRY a NRpH4 BE, MAP NUMBER 5155JID111D,—CTM1E ON O1/16/2015 11 TRS SITE,NTAN AIRERAET ACCRENT P. I01E(N/A)AEO/CR—=AR ZdIE ARD/OR OISF 2ME(S)<65 DB VON AND MAY BE SUBJECT TD AIRCRAFT AC—MC AND/DR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO-PORT OPERATION&NOISE IWE ATTENUATION MEASURE5 POR NEW CONSTRUCl10N ARE—RED IN ACODFDANCE—THE ANPORT NOISE—NU DON AND $AEET—HANCE ARO HEIGHT RESTMCT ORS NAVE BEEN NPOS(D N ACCCROANCE—SECTW 202 12.(RATERSXF4.tlTHIdNINO ORDNANCE. 3 1J.THE YENOWI SOURCE OF ivy SURVEY 5 BASEO W 1NE NRORM STAIF OIAEIE COONdNATC Sv51Eu, 5yI NAp Q 1963(1994 NARK AEAJSTME M,CONTROL RERRENCF PDO-USED TO ESTABLdI TN: Z a W G00RONATE VALUES SMOMI—CON ARE T.U-IJ2 AND--22. ffi 9.TIRS SU6EY 5 BASED ON—AMERX:AN VEWRC —OP—(—B6).THE cm 0, Z LANDSCAPE NOTES: I V610NY BEAM CONTROL MTERENCE PgNT4 USED To ESTABlISM TH2[IEVAnON VALUES SHOWN SIl UI HEREWI IRE TJU-1J(ELEV-10.99')IND TL-23([IEv-e.e1). Q tll D W U AS YM., N -w a g PLANT REY:9E NEY II BOTYRCAL MANE I S I SPAONO I WANWTY eE1 EReAf2�E A TY%YMNIE aIIWs M xf 0.G n o 21 91Wf NIA*M PDH1 `� C e G --__ - 00 _- PD ; %1 oo PD'H�1 PDH1> F-1 El -1:2-- Site 4th Generation Home Builders, LLC W E Property Polygons Parcel on Commuter Drive, S Zoning directly east of 1436 S Independence Boulevard Building Feet 0 1530 60 90 120 150 180 ,�?, > Z w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 41H GENERATION HOME BUILDERS, LLC [Applicant & Property Owner] Conditional Rezoning (PD-H1 Planned Unit Development to Conditional A- 18 Apartment District (Amendment to the Land Use Plan)) for the parcel on Commuter Drive, directly east of 1436 S. Independence Boulevard (GPIN 1476769961). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: October 15, 2024 ■ Background: The applicant is seeking to remove the 2.29-acre parcel from the Timberlake Land Use Plan and rezone the site from PD-H1 Planned Unit Development District to Conditional A-18 Apartment District in order to develop a 25-unit townhome condominium community. The parcel is located off Commuter Drive, with S. Independence Boulevard to the west and Holland Road to the east. The parcel is currently vacant, with a retail and office building to the west, townhomes to the south, and a mini-warehouse and self-storage facility to the east. Five, three-story buildings are proposed, each with a maximum height of 35 feet. The proposed townhouse buildings will have a contemporary modernist design. Materials consist of white premium vinyl siding with horizontal and vertical lap and shake siding, dark brown trim accents, and earthtone brown and gray brick veneer. A 4.5 foot tall freestanding sign is also proposed at the entrance of the development. Each unit will have 2 parking spaces within the driveway in addition to proposed garage spaces. Units 1-16 will each have a rear loading, two-car garage and units 17-25 will have one front-loading garage each. 18 guest parking spaces are also proposed on the site. In addition to the required landscaping, the proffered plan also includes evergreen plantings along the perimeter of the site to provide screening from the adjoining property owners. A 5-foot wide sidewalk will be installed along the frontage of the site, where none exist today. In addition, two BMPs are proposed to address water quality and quantity on site. ■ Considerations: The proposed development is consistent with the Comprehensive Plan's vision for the Suburban Area, as it focuses on creating great neighborhoods that maintain and enhance the existing neighborhood, are compatible with the surroundings, and provide quality and attractive buildings that provide effective buffering and livability. The proposed conditional rezoning Conditional A-18 Apartment District will remove 41' Generation Home Builders, LLC Page 2 of 4 the parcel from the Timberlake Land Use Plan and allow for the development of much needed housing in the central area of the City. Staff does not anticipate any negative impacts to the surrounding properties as a result of the proposed development and believes it will provide quality and attractive housing for citizens of Virginia Beach. Based on conversation at the Planning Commission Hearing, which included providing additional open space for the residents, the applicant agreed to revise the Conceptual Site Layout to include mulch paths around the BMPs in addition to the proposed benches for the residents and guests to use for walking dogs and for other leisure outdoor activities. However, after the hearing, the applicant was informed by their engineer that mulch paths would not be feasible since there was insufficient space between the proposed BMPs to provide the required separation between the paths and the BMPs.As such, the applicant revised the plan to include a dog park. The updated plan which is included as an attachment, was submitted before the proffer deadline of 10 days prior to the City Council hearing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of support from the Jack Rabbit Storage business to the east was provided to Staff. There is no known opposition to this request. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. PROFFERS Proffer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proffer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference (the "Conceptual Layout Plan"). 41h Generation Home Builders, LLC Page 3 of 4 Proffer 3 When the Property is developed, it will have no more than twenty-five (25) 3- story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proffer 4 When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26- 24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proffer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) REVISED Conceptual Site Layout Plan dated April 26, 2024, as revised July 14, 2024 and July 15, 2024 411 Generation Home Builders, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager/AO ' Agenda Applicant i Property • • Builders, VB Planning • • • '• •' 1 City • 1 '• Project Details Request Conditional Rezoning (PD-H1 Planned Unit Development to Conditional A-18 Apartment District)(Amendment to the Land Use Plan) Staff Recommendation ti 9�F SPOOK $ ApprovalSof`"� StatfPlanner 51�+, t Marchelle Coleman 0 T r� Location f Parcel on Commuter Drive, directly east of 1436 S. a , Independence Boulevard — ' GPIN 1476769961 Site Size 2.29 acres x " AICUZ Less than 65 dB DNL Wa tershed r Chesapeake Bay ,4 VIP Existing Land Use and Zoning District , Undeveloped lot/PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Commuter Drive Hampton Roads Transit/ PD-H1 Planned Unit Development � :..APWOWL � Townhomes/ PD-H1 Planned Unit Development Mini-warehouse facility/ PD-H1 Planned Unit Development Retail / PD-H1 Planned Unit Development 4th Generation Home Builders, LLC Agenda Item 3 page 1 of 20 Background SummaryofProposal • The applicant seeks to rezone a 2.29-acre property from PD-H1 Planned Unit Development District to Conditional A-18 Apartment District to develop a 25-unit residential townhouse condominium community at a density of 10.9 units per acre. • The 2.29-acre property is currently undeveloped and is designated within the Timberlake Land Use Plan (LUP) for commercial use.The Timberlake Land Use Plan was approved by City Council on June 14, 1971. Section 1110 of the Zoning Ordinance allows modifications to the land use plan through the Conditional Rezoning process; as such, the applicant seeks to amend the Timberlake Land Use Plan to remove this property from the regulations of the LUP. • The submitted Conceptual Site Plan depicts five, three-story multi-family buildings, and two stormwater management facilities that will be maintained by Condominium Association. Additionally, outdoor park benches are provided, as depicted on the Conceptual Site plan, near both of the proposed stormwater management facilities for residences and guests to utilize. Units 1 through 16 will have rear loading two-car garages with two parking spaces provided within the driveway and Units 17 through 25 will have one front entry loading garage with two parking spaces provided within the driveway. • The townhouses have a contemporary modernist design and will be clad with white premium vinyl siding with horizontal and vertical lap and shake siding, dark brown trim accents, and earthtone brown and gray brick veneer. At the tallest point, the buildings will be 35 feet in height, thus meeting the maximum height requirements in the A-18 Apartment District. • Interior parking lot and building foundation plantings are proposed along with streetscape plantings consisting of canopy trees and evergreen shrubs along Commuter Drive.The proposed landscaping appears to meet the requirements of the Site Plan Ordinance, however, a more detailed review of all screening and planting requirements will occur during final site plan review. • Per Section 203(a)(12) of the Zoning Ordinance, two parking spaces per dwelling unit are required. Each unit will meet this requirement. In addition to the required parking, units 1 through 16 will have rear loading two-car garages and units 17 through 25 will have front loading one-car garages.There will also be 18 guest parking spaces throughout the community, as depicted on the Conceptual Site Plan. • A freestanding monument style sign is proposed at the entrance of the development. As proffered, the proposed signage will be no taller than four and half feet and will have with materials and colors to match the proposed buildings. The proposed signage meets the requirements of the Zoning Ordinance and includes the required landscaping around the base, as depicted on the Conceptual Site Plan. • Per the Code of Virginia Beach, Section 31-28(d), the City will not make refuse collections on private property.The applicant is aware and will be providing private services for the pick-up and disposal of trash and solid waste for this development. 4th Generation Home Builders, LLC Agenda Item 3 page 2 of 20 Zoning History Map Key No. Request ez MDP (Amend Timberlake Land Use �1 Plan—Automotive Service) Approved 1 i 1 10/12/2004 MDP (Amend Timberlake Land Use Plan — Car Wash Facility) Approved 09/09/2003 MDP (Amend Timberlake Land Use 2 Plan — Mini-Warehouses) Approved POH1 2 05/24/1994 f CUP (Communication Tower) Approved 10/14/2008 MDP(Amend Timberlake Land Use 3 Plan —Commercial to Residential) Approved 01/18/1982 4 REZ(PD-H1 Timberlake Land Use Plan) Approved 06/14/1971 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 Evaluation • • . • In Staff's opinion, this request to modify the Timberlake LUP by rezoning this 2.29-acre parcel from PD-H1 Planned Unit Development to Conditional A-18 Apartment District to develop the site with 25 townhome units is acceptable. As per the Comprehensive Plan, the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. Staff finds that the proposed building design and site layout is attractive and of good quality and deems this proposal consistent with the vision of the Comprehensive Plan for this area. As indicated in Section 1110 of the Zoning Ordinance, modifications to the land use plan are possible through either a zoning change or by a Conditional Use Permit. The applicant's intent to amend the Timberlake Land Use Plan through the Conditional Rezoning process to remove this property from the plan is acceptable. As currently shown on the land use plan, the property is designated as commercial, which would allow for the 4th Generation Home Builders, LLC Agenda Item 3 page 3 of 20 property to be developed with principal uses permitted in the B-1A Business District, due to the size of the property being three acres or below. The property has been vacant for decades and has never been developed with a commercial development. The applicant's request to remove the property from the land use plan to develop the site with townhouses provides much needed housing in the central area of the City and would not negatively impact surrounding properties but develop a vacant property with quality and attractive housing for citizens of Virginia Beach. The site is adjacent to a major transit hub and will abut another townhouse community that accesses S. Independence Boulevard. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of nine students: four students at the elementary school level, two students at the middle school level, and three students at the high school level. While the high school level is over capacity, it is within the acceptable utilization range of less than 10%of optimum capacity. Based on this, the proposal is not expected to negatively impact current student enrollment. It is the opinion of the City's Traffic Engineering Staff that the traffic generated by the proposed development will result in 180 average daily trips. According to the Public Works staff, Commuter Drive has adequate capacity to support the proposed development. Since there are no existing sidewalks along Commuter Drive adjacent the property, a five-foot wide sidewalk will be installed, as depicted on the proffered conceptual site plan. In addition,the proposed access point along Commuter Drive meets the Public Works Design Standards Manual (PWDSM) for a commercial entrance with a width of 30 feet, 15-foot radius and 30-foot throat length. This site is located in the Chesapeake Bay watershed. As depicted, two stormwater management facilities are proposed to address water quality and quantity on the property. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above, Staff recommends approval of the request subject to the proffers below. • irm The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable;' (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proffer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets,sidewalks, landscaping,townhome condominium units and open spaces areas substantially as depicted 4th Generation Home Builders, LLC Agenda Item 3 page 4 of 20 and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference (the "Conceptual Layout Plan"). Proffer 3 When the Property is developed, it will have no more than twenty-five (25) 3-story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proffer 4 When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proffer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 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. 4th Generation Home Builders, LLC Agenda Item 3 page 5 of 20 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area". Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods", and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Commuter Drive No Data Available No Data Available Existing Land Use 1-0 ADT Proposed Land Use 2-180 ADT 1 as defined by a 2.29-acre ' as defined by a 2.29-acre undeveloped parcel parcel with 25 townhouse dwelling units Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Commuter Drive, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are planned for this area. Public Water&Sewer There is an existing eight-inch City water main and an existing eight-inch City sanitary sewer main along Commuter Drive. The site must connect to City water and sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. 4th Generation Home Builders, LLC Agenda Item 3 page 6 of 20 ichool Impacts School Current Enrollment Capacity Generation 1 Change ' Kempsville Meadows 440 students 490 students 4 students 4 students Elementary Larkspur Middle 1,452 students 1,651 students 2 students 2 students Green Run High 1,749 students 1,716 students 3 students 3 students 1"Generation" represents the number of students the development will add to the school. 2"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). 'tublic Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. 4th Generation Home Builders, LLC Agenda Item 3 page 7 of 20 roc � � . �• 71 n rfi �/ asn[..rya.rnt/c JD.xl _ 1.b wUFR IX¢]pr(wT:!mM1wmmrmA >e l'V •� ML I' • �- Is•r .rnr.]i 1° n X�~ � ■ dwl �x ItS�dF AmL S.Ru�+r LLc _ •SnFSr _ OD Yra � a r.l n �'--I-- K Ix z n,maa:wI m,l9rY.• ti uR• i aatc:¢wrim us L•-ri)r wr•� FLRYSE is:ILssunw asMu af.L uav.IUMD/IOAO•)J mr z+ n IYtT T 1\ yl/ 0. AROSE CJtt<wFU'r(WI !� J—'{•— l�� L YNBEF Of RUPO 2 YIR a un a *�!E �] T o]T codwr.(V.n0 ir1/fwan:•.)-m n.MIC 9PKa FNrOSR;.n SFKC R 4Ka Rll UIrF,MD'rlR,ypNO CYDEf St'ARS, � I.F{OppMw�9E S SIOM w,Mf ROOD FI9lIWQ MR W�iN�1 M OR d of/tr/Sn �Y •�• �'g IS.1Yf SIE l6 aM1M (9.tl Kf[f1n F0•M1Yl Zd[N.MDAY.ag AI•IQ<E Ct i Rc w uFi en v.r a Yuu,c.Ym�T.woan eDAn tmFT;.Ys.¢Yxs[u]as � — as ro n rFwrr m]wsl oul.TOFs r-f ,_- '."' -O vu•.ud a TTioF•rnt� D S � m ` n M sczw¢vYi a na wnv•�d rcln°N[I[•i 1(IISk avx w Iom � Q S /^� Y _ (IYu•F:.,Irz m R vsir vol a,,a awu�um,E FsnY°.ra Z u l ° 1 r 'r�.rv'. .' � fIF•1P v48FS SFaM YI0.d 6 SYad ffa RtLn-LII",. 1,� Q (I rri rD I is sK I sw rew Syr mr or W R cu I�' m LSYFIR SD0.DLE O FET npId UI4 BOPFC.I R•E S/IwR DWYr1Y 11L•• ]-]f M, 1 W- aqD � T aam�ca•s ....,.s]e..n oDsrw w•n.Fcss •u n.,r-•'taw n•••I '°Y u a¢.cs ---ra a. .aro,:v.Yl.•r sw s a...a.. vfD W a.. a•°C.. °° O- was � fU � n w+talrwF osa a "� r I o- 1 � I rD O fD --h N 3 O w n Proposed Building Elevations 41W: r imuumimm�uunamaoa IIIIIIIf111111t1111i/Itl1111illlilli F � 1 �I IIIIIIIIIIAIII Ilfl�flllllllli . ,'�, E , T mmnnnummmiuumuui • em • 1 Proposed Building Elevations x;. m Ea N CY Munn �C w o w CO � � I w �-+ o a E- E- w 4th Generation Home Builders, LLC Agenda Item 3 page 10 of 20 Proposed Building Elevations Ia; a w o w w E- E- - w-- 4th Generation Home Builders, LLC Agenda Item 3 page 11 of 20 TIMBERLAKE QUAY !TOWNHOME #4 •• ELEVATIONS HNI fi PREVIl.: IRYL SIDING - GP.IZ'JNIAL, 93RTIGIL LAP. �r7i S:.:AN.ES on noon t .r r fD O _ _{ O O ��► 2 O E:R fI 1�AS 3 IRN / GRAY D rDrD co — 00 c rD =3 =. Q N (D O CD ~ r N � r o w n Proposed Building Elevations a� Tom- +N t' fay lr `. low C�l W � FM Q:� d F-4 > W W fc:::� 91Y d= H O 4th Generation Home Builders, LLC Agenda Item 3 page 13 of 20 TIMBERLAKE QUAY All Original Art And Conceptual Material • Contained Withinn This P hrs Rendering Is the Intellectual Property of IDForApp MONUMENT r Reproduction or Appropriation Without Express Permission 6•��.�� Is Strictly Prohibited. • COLORS AND MATERIALS REPRESENTED IN THIS PROOF ARE FOR GENERAL REFERENCE ONLYAND MAY VARY FROM ACTUAL MATERIAL COLORS. IN .. PENSIGN .. 0 • SINGLE FACED MONUMENT FEATURE RAL 7M TOTAL HEIGHT 4.5'X 12'6"LONG ARCHITECTURAL BRONZE. CUSTOM ORANGE (D 10" letters not i 10" letters 3 v_ U` A Y D m v ID roI'D Q — n� E m O fD t^ N 3 0 W n Site • • a-s �H 4th Generation Home Builders, LLC Agenda Item 3 page 1S of 20 Site • • p --- dft .. y k 4th Generation Home Builders, LLC Agenda Item 3 page 16 of 20 Disclosure Statement Disclosure Statement My of v`vv"nw 11-h Planning&Community = Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name 4th Generation Home Builders,LLC,a Virginia limited liability company Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) John Olivieri,President;Michael Olivieri,Vice President;John Olivieri,Trustee Richard E.Olivieri Marital Trust • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(h)a controlling owner in one entity is also a controlling owner m the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 4th Generation Home Builders, LLC Agenda Item 3 page 17 of 20 Disclosure Disclosure Statement �aY���i��•a� 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 WI No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. Applicant currently owns property with no debt.Applicant will get financing for site development but no Lender has been chosen 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Keith Oliver,CPA-Sherman,Spero,Safarino&Co.,CPA's 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?W Yes ❑ No • If yes,identify the firm and individual providing the service. Issam(Sam)Baraki,CECS S. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 4th Generation Home Builders, LLC Agenda Item 3 page 18 of 20 Disclosure Disclosure Statement r..., , Planning&Community Developm & 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 IN 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. Issam(Sam)Baraki,CECS 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No • If yes,identify the firm and individual providing the service. Robert E.Ruloff,Esq.,Ruloff,Swain,Haddad,Morecock,Talbert&Woodward,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VEDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 4th Generation Home Builders,LLC By: Applicant Signature John Clivieri,President Print Name and Title l z�z Date --------_- Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications No changes as of I Date 9�24/2024 1 Signature 7 L L PriMName I Marchelle L. Coleman 5 4th Generation Home Builders, LLC Agenda Item 3 page 19 of 20 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4th Generation Home Builders, LLC Agenda Item 3 page 20 of 20 04 G� s CITY OF VIRGINIA BEACH - ' INTER-OFFICE CORRESPONDENCE 5 OF OUR NPTN In Reply Refer To Our File No. DF-11179 DATE: October 4, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: Tori Eisenberg DEPT: City Attorney RE: Conditional Zoning Application; 4th Generation Home Builders, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated July 15, 2024 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. VRE/ka Enclosure cc: City Manager 4`h GENERATION HOME BUILDERS, L.L.C., a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 151 day of July, 2024, by and between 41 GENERATION HOME BUILDERS,L.L.C.,a Virginia limited liability company,Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of land located in District 10 of the City of Virginia Beach containing approximately 2.294 acres which is more particularly described as "THE PROPERTY" on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from PDH-1 Planned Development District with a commercial designation to Conditional A-18 Apartment District and thereby remove the Property from the PDH-1 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1476-76-9961-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Apartment District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or uid pLo _quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. 2. When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference(the "Conceptual Layout Plan"). 3. When the Property is developed, it will have no more than twenty-five(25)3-story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan 2 shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibits designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning&Community Development and is incorporated herein by this reference (the "Townhome Elevations"). 4. When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference(the "Sign Elevations"). 5. When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners'Association which shall own and be responsible for maintaining all areas outside of the residential units 6. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 3 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: 4' Generation Home Builders, L.L.C., a Virginia limited liability company By: (SEAL) John Olivierit s President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 15'day of July,2024,by John Olivieri, President of41h Generation Home Builders, L.L.C., a Virginia limited liability company, Grantor. Notary Public ���Q�`,•'''~O►A Mpg. 2f,��i My Commission Expires: August 31, 2026 Notary Registration Number:192628 Z 10 `9c96, O 4>1 ���IJ6�8C'���s 5 EXHIBIT "A" THE PROPERTY ALL THAT certain tract, piece or parcel of land, with any improvements thereon, situate, lying and being in District 10 of the City of Virginia Beach, State of Virginia, fronting on that public road currently designated as Commuter Drive, containing 2.294 acres, more or less, being move particularly described as: Beginning at the southeast comer of South Independence Blvd. and Commuter Drive,the "TRUE POINT OF BEGINNING"; thence along the southern right of way line of Commuter Drive N 88' 58' 39" E a distance of 65.9 F to a point; thence following said right of way line along a curve to the left with an arc length of 102.45', with a radius of 843.5 F, with a chord bearing of N 85' 29' 53"E, with a chord length of 102.38', to a point along the southern right of way of Commuter Drive, said point being the TRUE POINT OF BEGINNING. Thence following the right of way line of Commuter Drive along a curve to the left with an arc length of 129.34', with a radius of 843.51',with a chord bearing of N 77'37' 33"E, with a chord length of 129.22',to a point; thence N 73' 13' 58" E a distance of 195.54' to a point; thence following said right of way line along a curve to the left with an arc length of 239.11', with a radius of 502.46', with a chord bearing of N 590 36' 00" E, with a chord length of 236.86', to a point; thence leaving said right of way line and running S 53' 34' 21" E a distance of 17.53' to a point; thence S 36' 25' 39" W a distance of 200.00' to a point; thence N 53' 34' 21" W a distance of 5.00' to a point; thence S 36' 25' 39" W a distance of 352.11' to a point; thence S 89' 00' 49" W a distance of 195.68' to a point; thence N 00' 59' 12" W a distance of 251.12' to the TRUE POINT OF BEGINNING, having an area of 99,931 square feet, 2.294 acres. GPIN: 1476-76-9961-0000 H:\AM\—Conditional Rezoning\-4th Generation Home Builders\Commuter Drive\Proffer Agreement final 7-15-2024.docx 6 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item #3 4th Generation Home Builders, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Madam Clerk, if you can call our next agenda item number,please. Madam Clerk: Item#3,41'Generation Homebuilders,LLC. Mr. Bourdon: Madam Chair, for the record, Eddie Bourdon, Virginia Beach Attorney representing 4t' Generation. John Oliveria principle, one of the principles of my client is here. Madam Clerk, are there any speakers at all on this application? Madam Clerk: Not at this time. Mr. Bourdon: No. Alright. So we're not aware if there have been any speakers in opposition or anyone in opposition. I know the commercial center directly to the west, there's no opposition from them. My clients have gone to the townhome condominium to the south, and spoken with their management company, and they're well aware, and the residents are well aware of the application, and don't have any opposition to it. The one thing that I will, a couple things I'll mention,on the plan as has been requested by some of the commission members, we will also include a mulch trail from existing sidewalks that are on in the case of the southernmost on two sides of the BMP. We will put a mulch trail around to connect the sidewalks along the southern side of the BMP, and at the eastern end, we'll do the same around that BMP as well,but as was referenced in the informal meeting property is very close to now Trashmore Park,which is I think one of the largest in the city,certainly utilized with lots of amenities,and it's a great location for this project. The landscaping on here is significant. I don't know if it's been really recognized, but there are evergreens that are being planted along the entirety of the Western, Southern, and Southeastern boundary of the property that most particularly will obscure the wall that is the outer boundary of the self-storage facility from the 1980s, the discussion about connectivity, the town home community to the south which was developed over 40 years ago, I believe is an old style RT two five with public streets, and this is a condominium with private streets. We haven't had any rezonings to do,the old style or each by everybody's townhouses on its own little lot. Those have not worked out well,historically. All the townhomes that have been developed in Virginia Beach over the course of pretty much the last 40 years that involved a rezoning to my personal knowledge, all been condominiums. None have been the subdivided townhome lots. Now there may have been some R2.5 zoning, and the PDH zoning that existed from the 70s or before that developed later, but as far as rezonings are concerned townhomes, we have not been rezoning properties to create individual townhome because that those we've had difficulty, and I'm not gonna name communities,but the city's had difficulty as a whole with how they're maintained, whereas the condominium ownership has worked out much better, and the condominium associations, they have to maintain all these common areas, and those have to be paid for by the unit owners, and in smaller condominiums and smaller homeowners associations in single- family situations, maintaining the open spaces, and BMP's, and amenities gets to be expensive, and in many cases has not worked out traumatic very well. So, I think it's most important that these types of developments, infill developments, especially be in close proximity to what has worked out the best, and that is a larger regional parks that the city maintains. They get a lot of utilization rather than small parks that get very little utilization and become a burden to the homeowners. This is not a commercial development. This is a residential development. I am not the commercial, I don't remember the name of that I heard this morning of this plan. Candidly,I don't know that I've ever read it or seen it,but it only deals with commercial property. It doesn't deal with residential property, and this is an excellent location, an excellent infill, and it's something we very much need. The houses in this development will be in the low fours, which may not be under some people's definition. I actually think it's pretty close to being in the defmition of an affordable house in Virginia Beach these days, but that's the price point that's anticipated, and I will be happy to answer any questions? We appreciate the staffs work on this application, and obviously the proffers are ours, and we will add the mulch pass between now and City Council. Ms. Cuellar: Are there any questions for the speaker from the Commission? Commissioner Plumlee? Mr. Plumlee: Thank you. Mr. Bourdon, I would like to first tell you my condolences because I know you had to attend your father's service, and this has come up on you quickly, and I just want to tell you from the bottom my heart, you're a wonderful attorney, and I very much please express to your entire family, my condolences. Mr. Bourdon: Thank you,Mr. Plumlee. Mr. Plumlee: If I understand correctly what you're saying with regards to the townhome properties, as far as connecting to them because that was my concern, and that's in the commercial pattern book that we connect connections to the primary street with any nearby residential, and include comfortable shaded walking paths and pass through the stormwater amenities. Now you could interpret that as meaning. If that's only business to residential, it's not residential to residential, or you could say when you are in this district, connectivity is one of the strongest ideas behind residential development. We have two side by side residential communities, but we don't have a connecting road. We don't have a connecting road when there's only one road leading in and out of this development project,and from a public safety standpoint, as far as access emergencies that could arise, having that additional roadway is of significant importance. I didn't know whether or not those were private or public streets. It sounds like they're public streets. Mr. Bourdon: On the south side, they're public streets because you have to have street frontage to subdivide property on a public street. So the townhouses in the neighborhood to the south are on a public right of way, and there are individual lots with townhomes on them. This is a condominium with private streets, and not a public street, and to do a public street, you wind up with a 50 foot right of way with different setbacks, and you're talking about to do a public street,and put it through to that public street. First,the likelihood is very significant in my experience that older neighborhood would not want traffic going through its neighborhood, and in this case, because this property is on a major arterial, or a contributed to a major arterial, and basically a commercial area, for this size unit.number of units, you're not lacking in access as the traffic folks have said. So trying to put, and it's also close to again, major road with commercially decides there's fire apparatus available that the fire department won't have a problem serving this piece of property in any fashion. The only access that might be relevant in my experience would be a walkway going through,but to try to put it to,you can't have a private street,and a public street,and public traffic going across private street, and that's what's going to, it's just that we've done this. This isn't the first time this has happened, not by a long shot. Mr. Plumlee: You could place a public easement across the private roads for there to be public access. Mr. Bourdon: The city would have to come in and maintain it,and we'd have to have meet set public street with dedication the whole nine yards. Mr. Plumlee: I believe you were going to,or I'd heard that there was going to be an offer with regards to amenities on the side that were in addition to what's on the current plan. Is that accurate or not? Something around the BMP area, some sort of improvement? Mr. Bourdon: Oh, yes, I mentioned, we're going to add a mulch path. We've already, if you look at the plan there's sidewalks, the southern one, you've got sidewalks on the north and west side, and then we would connect a mulch path along the south side running up to the end of the sidewalk that extends over behind the first of the storage buildings, and then on the far eastern end, or northeastern end, we would go around. That's basically triangular. We put two sides on that with the mulch walkway to connect to the sidewalk that runs along the west side, so we'd have the ability to, for folks who want to walk their dogs,the units that back up to the commercial on the west side have a backyard. The other units that have the two car garage rear loading the elevations, you look at the nice elevations they face, the public street, and then the back of them, there is no backyard. So those are the folks that would have the more likelihood to utilize the green space to take a walk, take most of the time, walk your dogs, things of that nature, but all that landscaping around the property are all maintained by the Homeowner's Association, as well as the BMP, the two BMPs, and so those are all costs and expenses that they have to bear as part of their monthly fee,the owners of the homes, which again have an effect on affordability. Trying to do it in a reasonable manner, and obviously the public sidewalk along commuter drive is all, we put that in, but that's maintained. It's in the public right away. It's maintained by the city. Mr. Mauch: I'm glad you brought up the commercial pattern book, and because there's so many different things that go that are involved in us making a decision, and we spoke about it earlier. It is my opinion that with this conditional rezoning, I feel like we're pulling it out of that commercial pattern book, That's where my headspace is at, and that it would be putting it now into the,zoning that it would be in. I would think that this would be more under the residential with an understanding that this area should have connectivity, and is that assumption of staff, is that assumption correct that we're pulling it out of the commercial area, and putting it into a residential? Ms. Bookholt: My review of the commercial area pattern book,this property is just outside of one of the study areas. It's not included in the Holland and Independent study area. Mr. Mauch: Okay. I think it's a very creative use of a small space that looks very similar to the surrounding neighborhoods. Ms. Cuellar: Are there any additional questions for the speaker? Thank you very much. I'd like to open up the floor now for discussion or to entertain a motion. Ms. Byler: I make a motion that the application be approved. Ms. Hippen: Second. Ms. Cuellar: The motion has been recommended for approval by Commissioner Byler, seconded by Commissioner Hippen. Is there any further discussion on this item? Mr. Plumlee: I would like to address this. The confusion over the pattern book, and the locations I think is significant in the way that we use our comp plan, and it needs tremendous clarity to become of any value in our process of evaluation, and I think this is an example of it, but more than that, I really want housing. I really want housing. Okay. I don't want to be the guy pushing developers out that are bringing housing particularly to an area like this, but I look around I say what are these folks gonna look at when they go into their houses, and they look out, and they see a mini warehouse with cinder block. I mean,there's not even a pretty mirror on any of it,you know. On the other side, they have this silver leaf parking lot for the Hampton Roads transit operation that's defunct currently. They're surrounded by highways basically,and it's going to be bigger. We've got the Holland Road Capital Improvement Project coming to expand right in that area, so there's going to be more traffic, and they're surrounded, you know, encapsulated here,but still we need housing. So, so that makes me go vote for it because it's going to bring 25 units that can help people in our community right now, but I have concerns about the process of our evaluation, and our use of our comp plan, and I have concerns about this location. Mr. Bourdon is correct. He's an excellent advocate, that there is a park nearby, but how do you get there? You don't get there on a bike. You don't get there on foot. Not if you have any kind of common sense, so really, at least they're going to have a doggy path around the BMPs with a mulch walkway, and something of value. Let's just hope this is the igniter of some additional significant development for this shopping center location to bring redevelopment money, and with some reluctance, I'll support it. Ms. Cuellar: Thank you, Mr. Plumlee. Is there any further discussion? Staff will now call for the vote. Madam Clerk: The vote is open. By a recorded vote of 8 to 0, item #3, 4th Generation Homebuilders, LLC. has been approved. Ms. Cuellar: Okay, we're ready for the next agenda item. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proffer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference (the "Conceptual Layout Plan"). Proffer 3 When the Property is developed, it will have no more than twenty-five (25) 3-story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proffer 4 When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proffer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Rezoning Comments-GPIN 1476769961 Date: Wednesday,August 7,2024 2:08:30 PM Attachments: imaoe001.ona From:Jack Aspinwall <iack(@Rreatatlanticmgmt.com> Sent:Wednesday, August 7, 2024 1:06 PM To: Kristin A. Bauer<KBauer(d)vbgov.com> Subject: Rezoning Comments-GPIN 1476769961 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello- I am the managing member of the Jack Rabbit Storage at 4293 Holland Road, Virginia Beach, 23452. We are the next door neighbor to parcel 1476769961 and we fully support its rezoning application. We hope the city will approve the rezoning. Thank you, Jack Aspinwall, MAI, CCIM I President OGREAT ATLANTIC MANAGEMENT 303 35th Street, Suite 101, Virginia Beach VA 23451 Jack GreatAtlanticMgmt.com I (757) 473-8181 I srre __C4 01Tpii9 RgNi�"w: � • ' A ��I/ ��• � � VICMY MAP s `5� SCALE:f•2OW s&W IP)1 152 d pypy �(j (SDF(Z420, -� S2 El EIISEMEMS.S£AE11'I(a3 JlBZ.PG.1lIS/ pS{Y�'6C�V � i1 I IJ/KM'O CASESRIYI(a8 JISt.M'1DNIJ Ei����� €� t) J. 1J'DAIu'aG(LAffS(N)(MSC/JgNDYIetlVJl6/JJ (Y.B.Ill.m J9) GI ze t rr v E _ 4Y_ un ZS .I Jan N IB(n)) 1)oeAt.n ID <` "' Q r,�\ m.esa.mclalw-ewlewHmL.ca. uC5 WI ZZ � pE II ls'r�t >e-)e-9ee1 IZ Z 2. 911E AOME59.NOf rET ASSIGNCD J. SIIE AREA:99.931 S.F.(Z.Z9A1 M.) x UM Y /ws IIAYi# 1 LM i1 LMf IS 5. a ME EIOSRG UY: -fEVIGM UND IM 16 a EYSTNG Z—NE:R-M CI(oNNEp )N(SMELE FANILr AnMI[0/rpmlpNEs) x;� e. PROPOSED ZONIHO: A-te NUNBER OF PROPo9ED ED UN-UNrtS:ri 1 j. eii O 10 LOT COhRAGC.Ib.)10 9.F.)/(99.9JI 9.F.) 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Q ___., ElEVA1gH VMU6$IIDYH HEREON 5 SfATgH 691 BOf(ESE B-). so lL m � � g F U L.LND9CAPE SOHE— HEr Cp1Y0N HAVE BOTANICAL HAYS 93E sPAtlHG WAXnTr USiBM MDCFpM e-a'M. 0.0 b I0n11 SI/13R wwn-1rS DMIA YMFaRO Hptr nvC S 0.C. IS2 SZ RE[IEp'S pAp HTTO,VMpI - AS 9YrM b S nc 0 b GAOpO NVQE��®1 1 CAL AS 91e9Y WI xnM r..I 1 OF � 11 Li r c rive -Precision Drive Pision D_ oo oo Prec _ B2 1�1 ;1 Quality Court} Q y ualit� -Court N ® Site Property Polygons Mellie Valianos-Reynolds W L Zoning 619 London Bridge Road s Building Feet 0 2550 100 150 200 250 300 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MELLIE VALIANOS-REYNOLDS [Applicant] VALIANOS PROPERTIES, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit and Conditional Use Permit (Automobile Repair Garage) for the property located at 619 London Bridge Road (GPIN 1496876542). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: October 15, 2024 ■ Background: The applicant is requesting to modify the conditions associated with a Conditional Use Permit for a Bulk Storage/Building Contractor's Yard approved by the City Council in 1978. More specifically, the applicant seeks to remove Condition 5, which prohibits any building from being built within 600 feet of London Bridge Road, in order to construct a 2,400 square foot automobile repair garage on the site. The applicant is also seeking approval of a Conditional Use Permit for an automobile repair garage. The proposed automobile garage facility will be located adjacent to the existing bulk storage office which is currently occupied by shipping containers that will be removed from the site at the time of construction. The building will be a prefabricated metal building with two roll-up bay doors and two doors. The automobile garage will solely be used to maintain and repair vehicles stored in the bulk storage yard and will not be open to the general public. No additional employees are anticipated for the operation of the garage. The hours of operation proposed are Monday through Friday from 8:00 a.m. to 5:00 p.m. The applicant underwent a Navy Easement Compliance Review in May of 2024 where it was determined that the proposed use was permitted under the terms of the Grants of Easement. ■ Considerations: Staff finds the use to be compatible with the Comprehensive Plan's recommendations for the West Oceana Special Economic Growth Area as well as with the AICUZ regulations and other industrial, warehousing, and repair uses located in this area of London Bridge Road. There are no adverse traffic impacts anticipated as the site will not be open to the public. At the time of the 1978 Conditional Use Permit, the site was larger with street line frontage on London Bridge Road requiring a deep setback to accommodate possible future development at Naval Air Station Oceana. In the early 2000s sites with street line Mellie Valianos-Reynolds Page 2 of 4 frontage on London Bridge Road began to be developed with buildings fronting London Bridge Road eliminating the need for a deep setback. For these reasons, Staff found, and the Planning Commission concurred, the requests to be acceptable. 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 these requests. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. Conditions for Conditional Use Permit (Automobile Repair Garage) 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six- foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. Mellie Valianos-Reynolds Page 3 of 4 Conditions for Modification of Conditions (Bulk Storage and Building Contractor's Yard) 1. All previous conditions attached to the Conditional Use Permit for Bulk Storage and Building Contractor's Yard approved on November 13, 1978, shall be deleted and replaced with the following conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six- foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in eight at time of planting. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No sale of motor vehicles shall be permitted. 5. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 6. Standard improvements as required by the Site Plan Ordinance. 7. An acceptable sewage system to be approved by the Health Department. 8. Right-of-way improvements will be necessary on London Bridge Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 9. No sale or processing of scrap, salvage, or second-hand material will be permitted. 10.A fence or wall not less than six feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. Mellie Valianos-Reynolds Page 4 of 4 11 .A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage on London Bridge Road (a 15-foot dedication and a 15-foot reservation) shall be dedicated and shall be reserved. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Managerx�d9 Agenda • • •• • • • V-B- City••' • Properties, Planning • • • • • • Councili Project Details Requests Modification of Conditions Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval PRODUCTION RD Staff Planner Alexis Bailey PREGSpN DR Location 619 London Bridge Road °" TV GP/N 1496876542 Site Size 5.11 acres AILUL NDUSTRY�N Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District - Bulk Storage and Building Contractor's Yard / 1-1 - z Light Industrial t ; vvLiA#' .,. ,RE "°R Surrounding Land Uses and Zoning Districts North Precision Drive Industrial Office/ I-1 Light Industrial .,... it Quality Court Industrial Office, warehouse / 1-1 Light Industrial ` Undeveloped lot/ 1-1 Light Industrial Industrial Office/ 1-1 Light Industrial Mellie Valianos-Reynolds Agenda Items 7 & 8 page 1 of 17 Background SummaryofProposal • The applicant is seeking a Modification of Conditions and a Conditional Use Permit to construct and operate an Automobile Repair Garage at 619 London Bridge Road. • On November 13, 1978, City Council approved a Conditional Use Permit for Bulk Storage/Building Contractor's Yard on this 5.11 acre parcel zoned 1-1 Light Industrial. Condition 5 of the 1978 Conditional Use Permit restricted construction of any building within 600 feet of London Bridge Road.The applicant seeks to modify this condition to construct a 40-foot by 60-foot (2,400 square foot) automobile repair garage within this 600-foot buffer from London Bridge Road.The proposed building, as indicated on the elevation plan, will be 16 feet tall. • The site of the proposed automobile repair garage is currently occupied by shipping containers that will be removed from the property prior to the construction of the building. • The automobile repair garage will be used to service and repair equipment and vehicles stored on the bulk storage yard. The garage will not be open to the public. The automobile repair garage will be a prefabricated metal building with two roll-up bay doors and eRe two entrance doors. • There will be no additional employees. • The hours of operation will be Monday through Friday from 8:00 a.m. to 5:00 p.m. • Per Section 203(a)(24) of the Zoning Ordinance, the current office requires seven parking spaces and per Section 203(a)(16) of the Zoning Ordinance the proposed automobile repair garage would require three parking spaces. The site will meet and exceed the required 10 parking spaces by 49 spaces. • The site of the bulk storage yard is fully enclosed by a six-foot privacy fence, as conditioned in the existing Conditional Use Permit. • The site is located in the greater than 75 dB DNL and Accident Potential Zone -2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) and is encumbered by a Navy Restrictive Easement that limits use of the property to those considered compatible with Naval flight operations. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 2 of 17 Zoning • Map Key Request No. 7 CRZ (B-2 Community Business District & 1 1-1 Light Industrial District and Conditional 1-1 Light Industrial District) vaecaaalloa _ Approved 07/09/2024 - CUP (Bulk Storage Yard) Approved 2 12/06/2022 21 3 CUP (Automotive Repair Garage) i Approved 10/01/2019 MDC Approved 02/16/2016 4 CUP (Outside Storage of Vehicles) Approved 05/12/1998 CUP (Bulk Storage Yard) Approved 5 08/12/2003 CUP (Contractor's Storage Yard) Approved 02/24/1998 6 CUP (Bulk Storage) Approved 03/13/2001 CUP (Equipment Storage Yard with an 7 Office Warehouse) Approved 07/05/2000 CUP (Bulk Storage and Building 8 Contractor's Yard) Approved 11/13/1978 Applica tion 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 Evaluation • • • In Staff's opinion, this request for a Modification of Conditions and an Automobile Repair Garage is acceptable. This property is identified in the Comprehensive Plan as being within the Special Economic Growth Area (SEGA) 2- West Oceana. As mentioned previously, the property is also located in the greater than 75 dB noise zone of the AICUZ and the APZ-2, and encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site.The Comprehensive Plan supports development of this area Mellie Valianos-Reynolds Agenda Items 7 & 8 page 3 of 17 consistent with the City's AICUZ Ordinance and the City's economic growth strategy, as preferred uses in the higher noise zones and the accident potential zones tend to be industrial in nature. The existing and proposed use of this site is consistent with other industrial, warehousing, and repair uses located in this area of London Bridge Road. The 1978 Conditional Use Permit evaluation does not provide any contextualization for the inclusion of Condition 5, which prohibits any buildings to be constructed within 600 feet of London Bridge Road. Possible explanations may be the sites proximity to Naval Air Station Oceana and close proximity to the residential dwelling that has since been demolished. At that time, the site was larger with street line frontage on London Bridge Road requiring a deep setback to accommodate possible future development at NAS Oceana. In the early 2000s sites with street line frontage on London Bridge Road began to be developed with buildings fronting London Bridge Road eliminating the need for a deep setback. As noted in the application, the applicant intends to only use the site for the maintenance and repair of vehicles stored within the existing bulk storage yard on the property.The site will not be open to the public and will not have any additional employees. A condition has been recommended by Staff to ensure that the existing Bulk Storage Yard comes into compliance with today's standards for screening Bulk Storage Yards. Category VI landscaping to include a minimum six-foot tall privacy fence with Category I plant material is required, per Section 228 of the Zoning Ordinance. While there is an existing six-foot privacy fence on the property, the property will be brought into compliance with Category I plantings to be installed along areas of the existing six-foot tall privacy fence that does not provide planting materials. In addition, the landscape plan shall include plantings on a minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way.The planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting.The applicant is aware of and amendable to this condition. Further review of the landscaping will be completed during final site plan review. Given that there are no adverse traffic impacts and that the use is compatible with the surrounding area and the AICUZ, Staff recommends approval of this request subject to the conditions and exhibits below. Recommended Conditions for CUP for Automobile Repair Garage 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and Mellie Valianos-Reynolds Agenda Items 7 & 8 page 4 of 17 shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the 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. Recommended • • • • of Bulk Storageand Buidling Contractor's 1. All previous conditions attached to the Conditional Use Permit for Bulk Storage and Building Contractor's Yard approved on November 13, 1978, shall be deleted and replaced with the following conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of- way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in eight at time of planting. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No sale of motor vehicles shall be permitted. Mellie Valia nos-Reynolds Agenda Items 7 & 8 page 5 of 17 5. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 6. Standard improvements as required by the Site Plan Ordinance. 7. An acceptable sewage system to be approved by the Health Department. 8. Right-of-way improvements will be necessary on London Bridge Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 9. No sale or processing of scrap, salvage, or second-hand material will be permitted. 10. A fence or wall not less than six feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. 11. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage on London Bridge Road (a 15-foot dedication and a 15-foot reservation) shall be dedicated and shall be reserved. 1978 ConditionalPermit Conditions 1. Standard improvements as required by the Site Plan Ordinance. 2. An acceptable sewage system to be approved by the Health Department. 3. Right-of-way improvements will be necessary on London Bridge Road; this includes the pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. No sale or processing of scrap, salvage, or second-hand material will be permitted. 5. No building is to be erected within 600 feet of London Bridge Road. 6. A fence or wall not less than 6 feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. 7. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage of London Bridge Road (a 15-foot dedication and a 15-foot reservation). Comprehensive Plan Recommendations This project falls in the Suburban Area within the West Oceana Special Economic Growth Area (SEGA). The primary guiding principle for SEGA's is to promote economic growth and value in special areas (p. 2-84). With the location of this property falling in the greater than 75 dB and APZ 2 of the Noise Zone of the AICUZ and an Mellie Valianos-Reynolds Agenda Items 7 & 8 page 6 of 17 industrial use district, this is an acceptable location for this use. Additionally, this use aligns with the appropriate land use within the SEGA. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay and is outside the Resource Protection Area. 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 London Bridge Road 33,780 ADT' 36,900 ADT 1(LOS 3"D") No Change Anticipated' Precision Drive No Data Available 9,900 ADT 1(LOS 3 "D") No Change Anticipated' 1 Average Daily Trips 'As defined by a repair garage and 3LOS = Level of proposed 2,400 existing bulk storage Service square foot auto yard Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) London Bridge Road is a divided four-lane Major Suburban Arterial roadway that is included in the MTP as a future divided roadway with a bikeway on a 120-foot right-of-way section. No direct access from London Bridge is being proposed and direct access would not be allowed. Precision Drive is an undivided two-lane local industrial street that is not shown in the MTP and the section adjacent to the site is not affected by any CIP projects. ImpactsPublic Utility Wa ter The site is already connected to City water. There is an existing 8-inch City water main along Precision Drive and within a public utility easement along the western property line. Sewer The site is already connected to City sanitary sewer. There is an existing 8-inch sanitary sewer gravity main along Precision Drive and within a public utility easement along the western property line. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 7 of 17 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice signs were placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 8 of 17 Proposed Site Layout VS 4 WMw OLW OM 30�mom so Vo W Wr Zi lb ilk IIWY�a6/11ifW t pp l�- J • a if' � � '� N,ti ♦'� a�. O '"�y i.�y � . '��3 I 4�� d� N ,� ,� ♦ , � 1 .tit , ,� I ' ;'•ay�l !t I I e "► e e ' > pll ' a � � ♦ ii' I � t Mellie Valianos-Reynolds Agenda Items 7 &8 page 9 of 17 Proposed • Plan ID DRAWNG-1 -Fun Width w" ac i i i j I s I ' I •WVA" W Lang ae'To � I; - k, i ront 48' Pup Width 4&' — IEGOM ` Garage Door G2 Garage Door Frameout e� Walk in Door Walt In Door Frameout is Windows ce Windows Frameout Open Wall cn Close Well o Distance a Stmage Length(utility) Cupola Mellie Valianos-Reynolds Agenda Items 7 & 8 page 10 of 17 Proposed Building Renderings ST Mellie Valianos-Reynolds Agenda Items 7 & 8 page 11 of 17 Site • • ^ i x�.;ti=dim pn k C Mellie Valianos-Reynolds Agenda Items 7 & 8 page 12 of 17 Site • • l� v Mellie Valianos-Reynolds Agenda Items 7 & 8 page 13 of 17 DisclosureDisclosure Statement BEACHVIRGINIA 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 farm is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1-:-AP-PLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: +I +/ ! as listed on application ff +_ — Y U 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?Yeso Noe If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No 0 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 Noo If yes,name the official or employee,and describe the nature of their interest. IF- 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, 0 FVN cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 "ID, — Disclosure Statement I rev. May-2024 page 1 Df 3 Y Mellie Valianos-Reynolds Agenda Items 7 & 8 page 14 of 17 Disclosure SECTION • -. SERVICE _ YES NO SERVICE PROVIDER Nome entity and/orindividua Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner 0e Construction Contractor 0 Engineer/Surveyor/Agent 0 ® 1 ---------- 77- Legal Services 0 i 1 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)' I 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. 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,00 a controlling owner in one entity is also o 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 on 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 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):9/24/2024 Alexis Bailey ,A 9/26/2024 Staff Name(Print) Staff Signature67 Date Disclosure Statement I rev. May-2024 _ page 2 of 3 w Mellie Valianos-Reynolds Agenda Items 7 & 8 page 15 of 17 Disclosure -SECTION • • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: ` r f - as listed on application }IQ�Q y�T�x l�t�t�S Luz- --Ti 'nu Is the Owner a corporation,partnership,firm,business,dust,or unincorporated business?Yes®No© If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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 0 No If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NOii SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O cross-coliateraiization,etc.) Real Estate Broker/Agent/Realtor C`J i Accounting/Tax Return Preparation o 0 Architect/Designer/Landscape O Architect/Land Planner I, Construction Contractor 0 Engineer/Surveyor/Agent O 0 Legal Services PROPERTY OWNER CERTIFICATION READ:i 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. n. perty Owner Name(Print) perty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Mellie ValianOS-Reynolds Agenda Items 7 & 8 page 16 of 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 17 of 17 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 8 & 9 Mellie Valianos-Reynolds Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you,Commissioner Hippen. The next item is on the agenda as items #8 and #9, Mellie Valianos-Reynolds, property owner. Is there a representative hereto speak on this item? Welcome. Please state your name for the record. Ms. Reynolds: Thank you,Madam Chair and Commission. Mellie Valianos-Reynolds. Ms. Cuellar: And are the conditions acceptable to you? Ms. Reynolds: Yes ma'am,they are. Ms.Byler: Thank you. You may be seated. We have asked Commissioner Parks to please read this into the record. Mr. Parks: Thank you. The applicant is seeking the modifications of conditions in the conditional use permit to construct and operate an automobile repair garage at 619 London Bridge Road. Condition 5 of the 1978 conditional use permit restricted construction of any building within 600 feet of London Bridge Road. The applicant seeks to modify this condition to construct a 40 foot by 60 foot automobile repair garage within 600 feet of London Bridge Road. The proposed building, as indicated on the elevation plan, will be approximately 16 feet tall. The site of the proposed automobile repair garage is currently occupied by shipping containers that will be removed from the property prior to construction of the building. The automobile repair garage will be used to service and repair equipment and vehicles stored in the bulk storage yard. The garage will not be open to the public. The automobile repair garage will be prefabricated metal building with two roll up bay doors and one entrance door. Hearing no objections and with a favorable staff report,we felt this was appropriate for the consent agenda. Ms. Byler: The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8,9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0,items 5,6,8,9,and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today,your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting,either virtually or in person,but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk,we're ready for the first item on the regular agenda. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center(DSC)for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty(50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. A-3'6 Al2 0 2 A36 � A1 � et �. � 22nd 1 RT4 OR OR � 22nd street OR N ® Site W F, Property Polygons Aaron C. Davenport 1 Zoning 421 22nd Street S Building Feet 0 1020 40 60 80 100 120 Wu ems+, 4� F� ��f f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AARON C. DAVENPORT [Applicant] AARON & KENDRA DAVENPORT [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 421 22nd Street (GPIN 2427082711). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom single-family dwelling located at 421 22nd Street. ■ Considerations: The Short Term Rental request is for an existing 2-bedroom single-family dwelling, located within the Oceanfront Resort (OR) Short Term Rental Overlay District. The immediate surrounding area consists predominately of single-family and low- density multifamily dwellings. There are no current or past violations associated with this property and the 2 required parking spaces are provided on site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 421 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Aaron C. Davenport Page 2 of 4 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. Aaron C. Davenport Page 3 of 4 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form Aaron C. Davenport Page 4 of 4 prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ( +, City Manager: A70 Agenda CouncilApplicant: Aaron Davenport Property Owner: Aaron & Kendra Davenport Planning Commission Public Hearing: September 11, 2024 V_B_ City '- Project Details Request Conditional Use Permit (Short Term Rental) 2TH'rt F St Staff Recommendation Approval r� 1BtH 5� 251H Hp`F / ZSSH SZ y P ST f Staff Planner 24TH"'.1FY i 9L Garek Hall Hannigan J 2e,. Sz �T m m 23ao 23Fi O HALF 9 Location '"°SS ' 421 22nd Street GPI N 764 q 2427082711 264 F N Site Size 3,900 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay 4 . Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Sz " Surrounding Land Uses and Zoning Districts North 22nd %Street k Single-family dwellings/ OR Oceanfront Resort2 22nd Street Multi-family dwellings/ OR Oceanfront Resort East Duplex dwelling/OR Oceanfront Resort West Multi-family dwellings/OR Oceanfront Resort Aaron Davenport Agenda Item 12 page 1 of 13 Background SummaryofProposal • This 3,900 square-foot parcel contains an existing Single-family dwelling and detached garage. The parcel is zoned OR Oceanfront Resort District. According to City records, this dwelling was constructed in 1930. • The property lies within the Residential Parking Permit Program (RPPP) boundary, where parking during the evening and overnight hours is prohibited. Based on this, Condition 4 is recommended to prohibit the occupants of the STR from parking on the street during the restricted hours. • Staff inspected the site on July 12, 2024, to observe site conditions for this report. • Since this property was not registered with the Commissioner of the Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of July 23, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity , ST m a m' y tii 1 ` Short Term Rentals • 3fA P.mb 11NI Aaron Davenport Agenda Item 12 page 2 of 13 The applicant submitted a Conditional Use Permit for a Short Term Rental unit addressed 42122nd Street. The regulations for Short Term Rental use are identified in Section 241.2 and Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 2 per room): 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2 Zoning History Map Key No. Request Al2 ',r3 RSS ,,1 CUP (Short Term Rental) Approved 3F0 ST 'Al2 07/07/2020 Ate CUP (Short Term Rental) Approved �\ VA A36-1 2'�� 07/07/2020 R5D t RT4 1 CUP (Short Term Rental) Approved ! OR 2 _ 07/07/2020 T 2 NON Approved 04/10/2012 OR 3 CRZ (A-12 to Conditional RT-3) Approved Nogt 3 12/09/2008 _ �'__ — OR 5 4 NON Approved 11/28/2000 OR a�- 5 ALT Approved 03/11/2014 6 CUP (Short Term Rental) Approved 08/11/2023 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 Evaluation • • • In Staff's opinion, this proposed Short Term Rental unit is consistent with requirements of the Oceanfront Resort Short Term Rental overlay district outlined in Sec. 2303 of the City Zoning Ordinance, as well as Sec. 5.2 of the Oceanfront Resort district Form-based Code. Aaron Davenport Agenda Item 12 page 3 of 13 The Short Term Rental request is for an existing 2-bedroom single-family dwelling, constructed in 1930 per City records, which is located in the 400 block on the north side of 22nd Street.The existing dwelling is located within the Ocean Resort (OR) Short Term Rental Overlay District. The immediate surrounding area consists predominately of single-family and low-density multifamily dwellings. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. Due to these factors, there is no previous history for Staff to analyze regarding compliance with existing ordinances. The parking plan for this application provides the required two spaces in the driveway off of the alley and there is an additional space in the detached garage. For the reasons stated above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 42122nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Aaron Davenport Agenda Item 12 page 4 of 13 Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Aaron Davenport Agenda Item 12 page 5 of 13 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Aaron Davenport Agenda Item 12 page 6 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 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 August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 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 October 11, 2024. Aaron Davenport Agenda Item 12 page 7 of 13 Site Layout 22nd 1/2 Street (Alley) rV k r L-t-%1 ) u u k r t.^i ) s0.2' (FIELD) 2' 60.2' (FIELD) _r GRAVEL ON LINE 4.7' 5,1' TWO STORY STUCCO APARTMEW E X 1 st i n g 0.1' 0.5' Garage 1 r 7�W 5.4' tt N e4 U : 21 �� `' r� r- .� .' W GRAVEL 'n _ RA.1fEL AREA AREA _ 19 ST P23 s cn '���OOMN DE O.T �, STEPS Q.T 0.1' 421 .°s "VAC 22nd .si:` Str ci Street E . 7.6' o 5: L'W. 7RQ�- YSTEPS y A p u7 PIPE xn I i 1F r. .1cnI _�__ ,n • 22nd Street Aaron Davenport Agenda Item 12 page 8 of 13 Site Photo lob n Aaron Davenport Agenda Item 12 page 9 of Disclosure isclosure Statement e'rip The disclosures contained In this form are necessary to inform public officials who may vote an the application as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form is renui:ed 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. Ap Ip icarn Disclosure Applicant Name Aaron C. Davenport pees the applicant have a representative? ❑yes /No • I'yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑yes M No • li yes,IiKr the curies of all officers,d.rectors,members,tnastecs;e;t,Wow, (Attach a fist if necessaryl • I'yes,List trip businesses the:have a parent srbskllaryl or affiliated business entityt relationship with the applicant. (Attach a 6s-i`necessar;} '"Parent-subsidiary relationship"means'a relationship clot exists when"e,corporation directly or indirectly owns 0-arcs possessing more than 50 percent of the voting power of another corporations." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. a"Affiilated business entity relationship'means'a relationship,other than paroM4ubsidlary relationship,that exists when(l)one business entity has a controlling ownership Interest In the other business entity,(mil a controlling owner in one entity is also a controlting owner in the other entity,or fiii)there is shared managwrient or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the sa me person or substaritialsy the same person own or manage the two entities;there are common or commingled hands or assets;the business entities share the use of the some offices or employees or otherwise share acti cities,resources or person";on a regular basis;or there is otherwise a close working relationship between the entitles," See State and local Govemm►ent Conflict of Interests Act,Va. Code 61.2-3101, • h$YisCd 71.t19.7020 Aaron Davenport Agenda Item 12 page 10 of 13 Disclosure Disclosure Statement Manning ComminRy Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in cite suLjecl land or any wutsowd development contingent on the subject public action?0 Yes N No • if yes,what is the name of the ci,%ciaf or employ"and what Is the nature of the interest? Applicant Services Disclosure 1. hoes me applicant have any existing financing(mortgage,derds of trust,croaswllateraliaatioq etcl or are they considering any financing in connec:io-with the subject of the application or any business operating or to be operated on ttx prosrer'ty? CD Yes ■ No • it yes,idenlily^.tie fmanc�a!rnssdctlons providing the service. 2. Does the applicant have a real estate broker/agent/realtor for Current and anticipated future sales of the subject mpery? ©Yes ®No • If Ww,identify the company and,ndividua'providing the service. 3. Does the applicant have services for aowunting and/or preparation of tax returns provided in connection w+th the subject of the application or any business operating or m be operated on the Property?®Yes 0 No tf yes,identify the firm end individual providing the service. 4. Does the applicant have services from an architect/landscape architect/la nd planner provided in connector with the subject of the applcation or any busmrss operating or to be operated on the Property?0 Yes ■ No + If yes identfy the firm and individual provfdfg the service_ 5. is there any uthe,pending or proposed purchaser of the subject property?13 Yes 0 No If yes,identNy thr purchaser and purchaser's se>vxe providers. Sew-ed $�F�dht Aaron Davenport Agenda Item 12 page 11 of 13 Disclosure L�i�tti'tllri asilitittt2iil?a 6. Does the applicant have a construction contractor in connection with the subject ofthe application or any buskwu apitit we or to be operated on the Property?0 Yes ■ No • 1f yaE,identity the Company and individual providing the service. 7. Dues thr applicant have an engineer/surveyor/agent if,Connection with thesubjeCt of the application or any business operating or to be operateo or,ine ptopeny?Li Yes 0 No =1 yes,identify the firm and irufivldual prowdk g tee service. 8. is t"applicant rece wing legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes t No if yes,identify the firm and individual proMing the service. Meant Signature I certify that all of the Information contained,n this Disclosure Stotemrnt Form Is complete,twe,and accurate, i w0m ritand that, upon receipt of notification that the app'ic.anrin has been scheduled for public frearirg.I am responsible for updating the infonlyodon provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,COPA,Wetlands Board or any public body or tommRt"..in connection w"this application, ,4.G ba�co-r� Applicant Signature Aaron C Davenport P$M Nance and Title — M/28/24 Daft tithe applicant also the owner of the subject property? 0 YQS ❑ NO • V yes,vcu ao no,nee..'`o°ill;,ui 9r owner dlsc,Dsure statement. FOR CM USE { on a that pertmns to the applications ND chanset es Pf Date 9/30/2024 s ere s ot� Print#lanr. Garek Hall Hannigan Aaron Davenport Agenda Item 12 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Aaron Davenport Agenda Item 12 page 13 of 13 STIR VICINITY MAP AARON C. DAVENPORT o == '241 S� i t�tl �,F,r---•�-� a:1 � t N J 1 v _ cn v , N Short Term Rentals , t STR Per nrts 1118, Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 12 Aaron C. Davenport Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. We have one more agenda item number. Madam clerk,could please call that. Madam Clerk: Item#12,Aaron C. Davenport. Ms. Cuellar: Mr. Davenport, if you could please come forward. Mr. Davenport: Thank you, Madam Commissioner, and fellow commissioners. My name is Aaron Davenport. I'm a retired Coast Guard service disabled Virginia vet. I want to thank Garrek Hannigan for his help with the application process. This is about I want to share about the property. This is a historic, almost hundred year, old classic 1930s 300 square foot Virginia Beach bungalow with a historic maple tree between a large two car garage,parking pads for almost three cars. My wife Kendra, and I bought this at during COVID,and put in thousands of dollars to restore the place, and to preserve this historic bungalow, and many of its really unique features. I'm proud to say today it's one of the nicest properties on the street. My family intends to keep this in the family. I have no intention to sell. A short-term rental gives the opportunity for my family,extended family,and friends to use this while it's a short-term rental. If it was long term,we wouldn't be able to use it as you know it's very small, and thank you for an opportunity to speak with you about this unique property. Ms. Cuellar: Do I have any questions for this speaker? Mr. Plumlee: Thank you, sir, for coming down today. I'm sorry you couldn't make it last time to present on your behalf. The parking in the back is accessible through the alley, is it either direction or is it a one-directional alley? Mr. Davenport: Actually it is two ways, but I wouldn't try to pass something. So 22 and a half street? Yes,that's two way. Mr. Plumlee: Okay, and there's also parking in the front street, 22nd street as well? Mr. Davenport: Yes, that's public parking, but I have an oversized garage that fits to, actually I have a 2500 Sierra with an eight foot bed, and I can fit in a king cabin,I could fit in the garage. So it's bigger than any other garage I've seen around,and it also has this a large parking pad with an apron around,so you can actually fit three cars,but we don't want that many people in this. That's why it's for two bedrooms. It's small,and we want to preserve this property. Mr. Plumlee: Have you been in touch with your immediate neighbors and surveyed their support of what you're doing? Mr. Davenport: Yeah, all around me is short-term rentals, and I've got McThrift at one end of the street and some other yeah, so there's short terms, there's one long term next, but right across is short-terms, there's a bunch of short-term rentals. Mr. Plumlee: And there have been some violations noted earlier, we had an informal proceeding and there were discussions about violations. Had that come up to you? Had anybody presented that to you as the owner there prior to today? Mr. Davenport: No. Ms. Cuellar: Any other questions from the commission? At this time, I'm going to open up the floor to entertain a motion and further discussion. Ms. Hippen: Move to approve. Mr. Plumlee: Second. Ms. Cuellar: We have a motion for approval by Commissioner Hippen, and a second by Commissioner Coston. Any further discussion? Mr. Mauch: I think there was some conversation about the maximum number of persons per room. Just for clarity,making sure it is three instead of two that was on our sheet. Ms. Bookholt: Yes, it's listed correctly in the conditions. It's max two per bedroom. Mr. Mauch: For the record, I just want to make sure that we all do understand that even though there are violations, there's some good short-term rentals out there, but I think it's incumbent upon our city to make sure that we're trying as hard as we can, knowing that we're understaffed in that position in that role to make sure that people are conforming as best as possible, and It'll be a growing concern as we approve more. Just wanted that known for the record. Ms. Cuellar: Thank you, and we certainly appreciate citizens such as Mr. Davenport coming forward today, filling out the required paperwork. Ms. Hippen: I want to put this on the record. The violations were not on Mr.Davenport's property. So, I moved to have this approved because I don't feel that he should be held up because of the violations of people around him. He's trying to do the right thing, and he's coming forward in the process, and I believe that's the reason why I moved to approve this. Mr. Plumlee: I agree with that sentiment. When you have property, and you're there at times, and not there at times, it's always good to know these things, and these things were brought to us today. There was an objector at the previous hearing, so we felt it necessary to address that issue, and they weren't your violations. It wasn't about your property. I just want to be clear about that. Ms. Cuellar: If there's no further discussion, staff will now call for the vote. Madam Clerk: Vote is now open. By a recorded vote of 8 to 0, Item #12, Aaron C. Davenport has been approved. Ms. Cuellar: Okay thank you very much. I'd like to thank everyone who participated today. I'd like to thank the staff, especially for preparing this agenda for us for the commissioners for their work, and I certainly on behalf of the commission, I'd like to thank Elizabeth Novak for her service to our city. It's certainly Virginia Beach's loss, and Norfolk's gain,but we know you're passionate about historic preservation, and they must be delighted that you can share, that you can share your talent with them. So thank you, and you're always welcome to come back on a Wednesday. So we'd love to see you again, and wish you all the best in your career. Our meeting is adjourned. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 42122nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one(1)four-square foot sign posted on the building,or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. OR - 2�— h Street O R VAW ;W NOF, 00, 'Q n� eet a,�_Str �--,, � --2?nth � �, A36 Stre � et � °A1 o n th o z? 0 0 } : OR 00 ? thoStreet O R 2 P1 � Al2 u N ® Site w � ►. Property Polygons Travis Smith Zoning 304 28th Street, Unit 205 S Building Feet 0 2040 80 120 160 200 240 tJ• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRAVIS SMITH [Applicant] TRAVIS AND ELIZABETH SMITH [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street Unit 205 (GPIN 24280028662005). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Playa Rana Condominiums located at 304 28th St, Unit 205. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 11 approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for-Short-Term Rental purposes. Travis Smith Page 2 of 4 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Travis Smith Page 3 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .AlI refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be Travis Smith Page 4 of 4 documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:0�p Agenda •• V_B' Property • •'th Smith • • • • '• •' CouncilCity • •' Project Details Request Conditional Use Permit (Short Term Rental) �a�ag Staff Recommendation Approval Staff Planner '" 30% Alexis Bailey g S Location 304 28th Stret Unit 205 GP/N 24280028662005 Site Size 53,138 square feet (974 square feet unit) A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay �j Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street '., Hotel/OR Oceanfront Resort South 27th Half Street Single-family dwellings, Multi-family dwellings/A- t znN 12 Apartment/A-36 Apartment .a 14' Eastt ..� � Restaurant/ OR Oceanfront Resort West Artic Avenue Grocery Store and Single-family dwelling/ OR Oceanfront Resort/ R-5S Residential Travis Smith Agenda Item 10 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street Unit 205. The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff did not discover any past violations or City Council action. • According to the applicant, this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of August 21, 2024 is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 6--' 11�^ y1g1�Sst Short Term Rentals { V 67R Px l6cl Travis Smith Agenda Item 10 page 2 of 14 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Travis Smith Agenda Item 10 page 3 of 14 Zoning History Map Request 2 3 ° Key No. CUP (Short Term Rental) Approved 07/09/2024yNg CUP (Short Term Rental) Approved ' 06/04/2024 CUP (Short Term Rental) Approved m/n� 03/19/2024 CUP (Short Term Rental) Approved - CUP (Short Term Rental) Approved its _ 06/01/2021 - At? CUP (Short Term Rental) Approved 06/01/2021 Application Types 1 CUP (Short Term Rental) Approved CUP: MDC: Modification of 04/06/2021 Conditional Conditions Use Permit MDP: Modification of Proffers CUP (Short Term Rental) Approved 04/06/2021 REZ: NON: Nonconforming Use Rezoning STC:Street Closure CUP (Short Term Rental) Approved 10/20/2020 CRZ: FVR: Floodplain Variance CUP (Short Term Rental) Approved Conditional ALT-Alternative Compliance Rezoning SVR:Subdivision Variance no in��',�9 07/25/2020 LUP: Land Use Plan CUP (Short Term Rental) Approved STR:Short Term Rental 99 in 0-07/25/2020 CUP (Housing for the Elderly) Approved 04/23/1996 CUP (Short Term Rental) Approved 2 08/16/2022 FVR Approved 08/08/2006 CRZ (RT-3 Resort Tourist, A-36 Apartment and 3 A-12 Apartment to Conditional RT-3 Resort Tourist) Approved 05/09/2006 Travis Smith Agenda Item 10 page 4 of 14 Evaluation • • . • The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of PA-Re eleven approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Travis Smith Agenda Item 10 page 5 of 14 Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Travis Smith Agenda Item 10 page 6 of 14 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. Travis Smith Agenda Item 10 page 7 of 14 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 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 September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 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 September 30, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on October 11, 2024. Travis Smith Agenda Item 10 page 8 of 14 LayoutSite .,77 q5� • r �7 Av > • '0MA , -V H�T 2 N _.._...._- Travis Smith Agenda Item 10 page 9 of 14 Site • • Travis Smith Agenda Item 10 page 10 of 14 Disclosure VIRGINIA V BEACH CITY O�- 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: os listed on application Travis Smith Is Applicant also the Owner of the subject property? Yes@ No4 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes©No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes©No@ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(i) 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 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Travis Smith Agenda Item 10 page 11 of 14 Disclosure SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 APPLICANT CERTIFICATION READ:1 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. Travis Smith 07/29/2024 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. 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 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): 09/24/2024 Alexis Bailey 09/26/2024 Staff Name(Print) Staff Sign Date Disclosure Statement I rev. May-2024 page 2 of 3 Travis Smith Agenda Item 10 page 12 of 14 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Travis Smith Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesONoO 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 necessa F- Does the subject property have a proposed or pending purchaser? YesQ 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 O No O I es,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 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 O Engineer/Surveyor/Agent 0 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Travis Smith 7 C • 07/29/2024 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Travis Smith Agenda Item 10 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. Travis Smith Agenda Item 10 page 14 of 14 STR VICINITY MAP Travis Smith _SK � G t' H S� Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 10 Travis Smith Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is on the agenda as item #10, Travis Smith. Is there a representative here to speak today? Welcome. Please state your name for the record. Mr. Smith: Good afternoon. I'm Travis Smith. Ms. Byler: Thank you for being here. Are the conditions acceptable to you? Mr. Smith: Yes, ma'am. Ms. Byler: Thank you. You may be seated. We have asked Commissioner Plumlee to read this into the record. Mr. Plumlee: This is an application for short-term rental at 304 28th Street Unit 205. It appears by staff to meet all the requirements for short-term rental application. There were no prior violations indicated on this data sheet,and there was no objection either from the public or any member of the Planning Commission, and therefore it's appropriate for the consent agenda. Ms. Byler: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0,items 5,6, 8, 9,and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today,your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person,but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Vote Tall AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. f,.I., f 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016, THE URBAN FOREST MANAGEMENT PLAN, 2023, WHICH WILL SUPERSEDE THE URBAN FOREST MANAGEMENT PLAN, 2014 MEETING DATE: October 15, 2024 ■ Background: The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long-term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. Although the city lost 1.34% of the Urban Tree Canopy (UTC) between 2012 and 2018, the plan maintains the goal of achieving 45% UTC by 2045. The Urban Forest Management Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virigina Beach Comprehensive Plan, 2016, superseding the Urban Forest Management Plan, 2014. A copy of the plan is provided. ■ Considerations: Internal and external stakeholders were part of the plan creation, and public engagement was completed through in-person meetings and an online survey. Staff is unaware of any opposition to the proposed amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 1. ■ Attachments: Staff Report and Ordinance Minutes of Planning Commission Hearing Urban Forest Management Plan, 2023 City of Virginia Beach — Urban Forest Management Plan, 2023 Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE URBAN FOREST MANAGEMENT PLAN, 2023, 4 WHICH WILL SUPERSEDE THE URBAN FOREST 5 MANAGEMENT PLAN, 2014 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Urban Forest Management Plan, 2023 has been developed with 11 extensive input from the community and stakeholders, including two public meetings 12 and an online public survey; and 13 14 WHEREAS, the revisions to the Urban Forest Management Plan were necessary 15 to identify immediate and long-term priority actions to preserve, expand, and diversify a 16 sustainable urban forest for Virginia Beach.; and 17 18 WHEREAS, the Urban Forest Management Plan, 2023 should be adopted and 19 incorporated as part of the Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the Urban Forest Management Plan 2023 and its 28 incorporation into the Comprehensive Plan 2016. Such document is attached hereto 29 and made a part hereof, having been exhibited to the City Council and placed on file in 30 the Department of Planning and Community Development. 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 2024. rROVED AS CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment City Attorney's Office Tj CA16625 R-1 August 15, 2024 2 r Y�r •w�wsN\ swNwww �'. - wwr�Ar� 6 -"i. ,� �� � "! n* +:� . ��. V/ `. - v wwwwwwff V� •wwwwwwww .M��IA , • ap� i Its �. • ram'" . 1 s➢G �•1 '�i..., ♦�y.�'c .fir , ,mot Ain Aga UPDATE 2023 URBAN FOREST MA AGEMENT PLAN Parks & PARK & LANDSCAPE SERVICES I PLANNING, DESIGN & DEVELOPMENT Recreation PREPARED BY: • • • Garrigani Associates, Design ■ Acknowledgments Parks & Recreation Public Utilities Michael Kirschman I Director of Parks and Recreation William Christian I Engineer III Shirley Deibler I Deputy Director of Parks and Recreation James Plaatsman I Engineer II Frank Fentress I Park and Landscape Services Administrator Brooke Costanza I CityArborist Virginia Beach Public Schools Susan French I Former City Arborist Melisa Ingram I Executive Director of Facilities Services Symsi Denson I Park and Landscape Coordinator Tim Cole I Former Sustainability Officer Rob MacPherson I Landscape Architect Kyle Gilmer I Former GIS Analyst Corinna Green I Planner Ill Jay Brewster I Plannerll Housing and Neighborhood Preservation Robert Buchardt I Inspector Supervisor Wells Freed I Housing Code Administrator Brian Crouch I Landscape Inspector ll Jeff Klindienst I Landscape Inspector ll Agriculture Mary Prier I Former Marketing Manager(in memoriam) Jenny McPherson I Rural Community Coordinator Public Works City Attorney's Office Michael Mundy I Stormwater Program Manager(Engineer IV) Greg Surber I Associate City Attorney Sue Kriebel I Former Stormwater Engineer(Engineer/ll) Brian Proctor I Traffic Engineer(Engineer IV) The Center for Geospatial Information Services Tim Copeland I Real Estate Agent Zand Bakhtiari I GIS Systems Analyst II Tara Copeland I Media and Communications Coordinator David Arnold I Former GIS Production Manager(Systems Analyst III) Planning Consultants Seth Edwards I Development Services Center Administrator Stromberg/Carrigan&Associates,Inc. Carrie Bookholt I Development Services Center Deputy Director WPL Site Design Jeff Klindienst I Landscape Architect Kevin Kemp I Zoning Administrator PJ Scully I Planning Evaluation Coordinator 2023 Urban Forest Management Plan 2 Table of Contents Acknowledgments ............................................... 2 ` Table of Contents 3 Overview .................................................................4 z. Introduction............................................................ 5 TheUTC.................................................................. 6 Assessment.............................................................7 Benefits of Single Trees...................................... 8 Benefits of Trees as a Forest............................. 9 Tree Metrics 11 Mapping Gain & Loss .........................................14 Public Engagement.............................................19 r . Management & Collaboration 20 y Next Steps............................................................22 Future Considerations.......................................26 ._�. Conclusion 31 Marshview Pork,Virginia Beoch,V,' 2023 Urban Forest Management Plan 3 Overview Purpose of the UFMP Update Mission Strive to maintain that annual tree canopy loss is not greater than the annual tree canopy gain, therefore The purpose of the Virginia Beach Urban Forest The mission of the Plan Update is to preserve and expand resulting in a net gain. Management Plan Update is to identify immediate the City of Virginia Beach's urban forest and cultivate its and long-term priority actions to preserve, expand, stewardship for an adaptable, healthy, sustainable, and Greatly expand and proactively undertake tree and diversify a sustainable urban forest for Virginia vibrant community. preservation,replacement planting,and reforestation Beach. This document updates the previous Urban efforts. Forest Management Plan adopted in 2014. It provides Vision a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, By 2045, Virginia Beach will achieve 45% tree canopy and recommendations for managing and collaborating coverage by planting,nurturing,and protecting a diverse, Measurable Objectives with partners and stakeholders on positive urban forest regenerative urban forest in partnership with the local Establish tree replacement equivalency in terms growth. community, which includes residents, business owners, of size, maturity, ecological benefit, and economic developers, nonprofit organizations, and government value for use in assessment of replanting efforts, entities. Virginia Beach will be a model city for tree reforestation,and potential tree replacement bonds. management and green infrastructure that supports the long-term health, well-being, and adaptability of the city, Ensure adequate resources, human and otherwise, its environment,its residents,and its economy. to track and record real-time tree loss and tree planting, building on the efforts currently in place Plan Priorities specifically for City property, to be able to better IA '�`' "' project actual UTC loss and gain in between periodic +. Acknowledging a nearly 2,082-acre net loss of Virginia aerial assessments. Beach's urban forest infrastructure between 2012 and 2018, which significantly impacts the health, safety, and Implement active measures to preserve and protect welfare of the Virginia Beach community,we will: Virginia Beach's existing urban forest so that no more r- .• .. �ti �'y'x than 353 acres (the current average yearly gain) of : � • Y a "�`. - >�yl� �e'. ,r* ,•, Accept that unless a shift in community philosophy, UTC are lost in any given year to ensure that the City —' • �•• w , sue} r` - public policy,and tree infrastructure valuation occurs, is not losing more tree canopy than it is gaining. ? the measurable Urban Tree Canopy (UTC) goal of 45%reaffirmed in this plan will likely not be achieved. Develop a detailed schedule and strategy to achieve _ a 45%tree canopy by 2045,with the understanding Preserve and protect Virginia Beach's existing urban that a multi-faceted approach including tree forest infrastructure preservation,education and tree planting is essential t to mitigate yearly loss. Minimize the foreseeable impacts to the existing 'A urban forest infrastructure. Outline a yearly preservation and/or planting strategy to maintain 45% tree canopy once the target has been reached. A The Urban Forest in the Pembroke Area,Virginia Beach,VA 2023 Urban Forest Management Plan 4 E Introduction What Are the Urban Forest and the Change Assessment completed for the City of Virginia events and maintaining the integrity of the land on which Urban Tree Canopy? Beach by the University of Vermont Spatial Analysis the city sits. Acting as natural stormwater infrastructure, Laboratory,a conservative estimate for a the average tree a healthy urban forest prevents excess runoff, reduces The U.S. Forest Service's 2011 Vibrant Cities & Urban canopy size of an individual tree in the city was 414 square sudden flood effects,and filters out pollutants from paved Forests report defines urban forests as"systems of trees, feet. From this average canopy size, the approximate surfaces before they reach larger bodies of water. other vegetation,and water within any urban area. They number of trees can then be estimated. According to can be understood as dynamic green infrastructure that the 2012-2018 Tree Canopy Change Assessment, there In highly developed areas,the urban forest also lowers air provides cities and municipalities with environmental, are approximately 6.6 million trees estimated to exist in temperatures and reduces the urban heat island effect by economic, and social benefits. Urban forests are forests Virginia Beach. releasing moisture into the atmosphere,providing shade, for people." In other words, the urban forest is more and absorbing reflective heat from impervious surfaces than just a collection of trees. It comprises the trees Why Is the Urban Forest and structures,which can reduce energy consumption and and everything integral to their ecosystem within our costs.Additionally,the urban forest has positive economic So Important.? and social effects, such as increasing property values, community. According to the U.S. Forest Service, urban forests "include urban parks, street trees, landscaped A healthy urban forest is vital for maintaining the quality of boosting activity in commercial districts, strengtheningcommunity engagement and pride,encouraging physical boulevards, gardens, river and coastal promenades, life in Virginia Beach, defined broadly as the city's public activity, and discouraging crime. Many of these benefits greenways, river corridors, wetlands, nature preserves, health,safety,and welfare.The direct and indirect benefits activ activ discussed in the 201 Urban Forest Management shelter belts of trees, and working trees at former of an urban forest are numerous,but one important benefit werePlan, which found that apartments and offices rent industrial sites." As the 2014 Urban Forest Management is the ability of a healthy urban forest and its root system more quickly and have a higher occupancy rate when Plan noted, Virginia Beach's urban forest is a vital to intercept rainfall and absorb millions of gallons of surrounded by a tree canopy and that homes planted with component of the city's infrastructure, as important as stormwater per year.In a low-lying city like Virginia Beach, trees sell more quickly and are worth more money than efficient transportation and clean water. with an average elevation of 12 feet above sea level, those without. interception of stormwater is crucial to mitigating flood Urban tree canopy, or "UTC" for short, has a more quantifiable definition than urban forest.It is blanket term for measurable tree coverage in a given area, referring " to the size, in square feet or acres,of the layer of leaves, ' ` branches,and stems of trees that cover the ground when , a viewed from above.Based on the 2012-2018 Tree Canopy ; '_t A healthy Urban Forest functions as ;, a network of green infrastructure that provide a broad set of systemic community-wide economic, health, . and safety benefits: 7 Red Wing Park,Virginia Beach,VA 2023 Urban Forest Management Plan 5 ■ The UTC Virginia Beach's Urban Tree Canopy (UTC) The review of Virginia Beach's urban tree canopy in this Plan Update builds upon and refines findings in the University of Vermont Spatial Analysis Laboratory's 2012- 2018 Tree Canopy Change Assessment.The assessment ''t� established metrics and used tree coverage data from 2012 and 2018 to estimate the change in Virginia Beach's z UTC over that six-year time frame. Using LiDAR(light detection and ranging)aerial mapping technology, the data from the 2012-2018 assessment 196 590 acres that Virginia Beach's UTC, based on total land coverage, dropped from 41.7%to 40.3%(a total of 1.34% ` net reduction). Relative to the total tree canopy area,this would equate to a 3.2% loss, which amounts to 2,082 net acres of tree canopy. This equates to approximately 219,105 trees. The goal of this plan is to achieve a 45% Urban Tree ' *- Canopy(UTC)by the year 2045. 41,724 r T. acres154,874 <; acres ' A 40% tree canopy was a goal for municipalities previously set as a benchmark in a 1997 article from American Forests Magazine, a publication of the oldest � national non-profit conservation organization in the US. American Forests also cites a national analysis by U.S. , Forest Service researchers specifying that "a 40-60 • / ' percent urban tree canopy is attainable under ideal 62,443 URBANTR r conditions in forested states."Given that Virginia Beach is CANOPY acres T located in a forested region,40%should be the baseline . for the UTC in the city, with 45% being the target goal recommended in the 2014 Urban Forest Management Virginia Beach's UTC Coverage in.2018 Plan and reiterated in this Plan Update. 2023 Urban Forest Management Plan 6 ■ Assessment Benefits of Trees and the Urban Forest Environmental& Health ■ Improve air qualm by absorbing and filtering The City of Virginia Beach calculated the value of the Virginia Beach's urban forest contributes to the city's pollutants ecosystem services provided by its existing UTC to overall sustainability as a community and to the quality of ■ Reduce greenhouse gases by direct carbon be almost $446M in 2018 USD annually based on the life of its residents.The path to a sustainable community, sequestration and through avoided carbon emissions benefits derived from an average tree with a 414-square as defined by the Urban Sustainability Directors Network from reduced energy use foot canopy.In 2022,this would equate to roughly$493M. (USDN), includes the common elements of "a healthy ■ Save energy by directly shading building and through The economic values of Virginia Beach's ecosystem environment, a strong economy, and the well-being of the cooling effects of transpiration services are based on the cost of obtaining these same people living in the community." The tree canopy plays ■ Mitigate overall air temperature extremes and reduce services without the benefit of having trees. Without urban"heat island"effect numerous roles within the city and affects all areas of Help manage stormwater,reduce flooding,and trees, additional infrastructure such as filtration systems, sustainability, including but not limited to stormwater improve water quality check dams,and ponds,would need to be built to meet management, energy use, air and water quality, wildlife Support wildlife populations and overall biodiversity state and federal environmental quality standards for habitat, public health, economic viability, social equity, stormwater mitigation and erosion control. Without trees, and overall livability. ■ Reduce ultraviolet radiation levels air pollution and ambient temperatures would be far Economic less mitigated through transpiration. Whole ecosystems Since trees are the defining element of the urban forest, n Save energy and cut costs for summer cooling(shade) would be greatly affected, with no trees contributing to it is important to establish the value that a tree provides and winter heating(windbreak) pollination and fewer habitats for insects, mammals, to the community. There are both direct and indirect ■ Increase property values,benefiting homeowners and and birds. The local lumber industry and various other benefits from trees, and these benefits compound increasing local tax revenues tree byproducts would essentially cease to exist. The when trees are working together in the same area. The ■ Boost commercial district activity wellbeing of the public would also suffer from lack of trees "natural capital" of the urban forest can be categorized, ■ Support green industry jobs in streets and open space. These would be just a few of as with other contributing factors, to a community's n Reduce cost to taxpayers for traditional"gray" the ramifications of not having trees,and they underscore overall sustainability, into environmental, economic, and infrastructure(like treatment plants and stormwater the value of trees in our city. social benefits.These benefits are collectively known as pipes) ecosystem services, which are often defined as direct ■ Supply wood products—ranging from rerycled A summary of the annual value of the ecosystem services and indirect contributions of natural systems to human material such as mulch,to hardwood furniture,and provided by the city's UTC is outlined below: well-being — in other words, any positive benefit that fuel for energy production wildlife or ecosystems provide to people. Social ■ Promote public health and well-being In The Sustainable Urban Forest: A Step-by Step m Encourage physical activity by creating Approach, published by the Davey Institute and the U.S. attractive,shaded outdoor spaces Ecosystem Service Calculated Val Forest Service, Urban Forester Michael Leff summarizes ■ Discourage crime and create safe Increased Property Value 5199,337,587 the ecosystem services provided by trees: places to gather ■ Strengthen community engagement Stormwater Runoff Reduction $142,815,0011 and revitalize neighborhoods Electricity Conservation $39,516,769' ■ Promote social equity and Air Quality Improvement $30,087,746 environmental justice for neglected m p communities 'Natural Gas Conservation $18,648,412 ■ Supply healthy edibles—fruit and nuts COz Reduction $15535,459' ■ Provide solace,spiritual sustenance, Total Annual Ecosystem Services $445,940,973' and a sense of place *Values are in 2018 USD 2023 Urban Forest Management Plan 7 -..o-enef its of bin le Trees Water Quality Habitat&Diversity &Water Table Management CTotalvings benefit Total savings in 7.87 per "Stormwater Runoff Reduction" r old tree $21.74 per tree Stormwater Absorption Soil Stability& Erosion Control Benefits in Savings in "Air Quality Improvement" "Energy Conservation" to $4.58 per tree $8.85 per tree Pollination Urban Heat Island += Reduction `~ Gl C m s Air quality improvement Human Health, = Estimated increase in Reduction in through Carbon Dioxide (CO2) Safety&Wellness "Property Value" "Carbon Dioxide" reduction/carbon sequestration = to $30.34 per tree $2.36 per tree m 13% U 44.7% 0 0 1 o Y c v �- w w - 3.5% 32% 6.8% Environmental&Health Benefits ofA Tree in Virginia Beach Economic Benefits ofA Tree in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 8 Benefits of Trees as a Forest 1 of 2 Environmental & Health Benefits Pollination Soil Stability& Erosion Control Water Quality & Water Table Management Urban Heat Island Reduction ' Air quality improvement i through Carbon Dioxide (CO2) reduction/carbon sequestration Human Health, Safety & Wellness Habitat& Diversity i Environmental&Health Benefits of the Urban Forest in Virginia Beach. 2023 Urban Forest Management Plan 9 0 Benefits of Trees as a Forest 2 of 2 Economic Benefits Benefits in "air quality improvement" Osavings $30,087,746 Savings in "Energy Conservation" Total savings in i $58,165,181 "stormwater runoff reduction" i N, Reduction in $142,815,001 "Carbon Dioxide" i Estimated increase $15,535,459 "Property value" $199,337,587 INS Economic Benefits of the Urban Forest in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 10 ■ Tree Metrics r Establishment of Assessment Metrics The City of Virginia Beach used the UTC metrics established in the 2012-2018 University of Vermont assessment for the basis of quantification. The following information provides an updated understanding of the current state of Virginia Beach's UTC. The UTC quantification metrics found in the University of Vermont assessment establish a consistent methodology for performing future citywide UTC assessments as the city strives to reach its 45%UTC goal by the year 2045. As touched upon in the Introduction of this Plan Update, > 2,S00 SF 414 square feet is an average derived from University Z (Largest Single Tree Size) of Vermont data for the purposes of UTC estimates. W This is a tree at approximately 10 years' growth and is 0 1------------------; a more conservative estimate than the 828 square feet Z average tree canopy size used in the 2014 Urban Forest Management Plan. W An Individual Tree N i i The area of an individual tree was The following graphics highlight the tree size used for N r r estimated at 414 square feet and assessment,the number of trees in an acre,the number W of trees lost from 2012 to 2018, and the total value of W used as a conservative basis of ecosystem services lost as a result of lost trees over the E.• � � measurement for the UTC. A 414 same time period. It is important to note that tree loss is •--- ---- square foot canopy size is what one immediate, in contrast to tree gain. It can take at least 10 414 SF tree.would find on a 10-year-old canopy years to grow a new tree large enough to provide similar (Average tree size used for measurable value of the ecosystem services to a more UTC assessment) mature tree. Calculation must account for the 10 years it would take for a tree to effectively replace the dollar value lost during the same assessment period. 16 SF (Smallest Single Tree Size) SF=Square Foot Measured by LIDAR 2023 Urban Forest Management Plan 11 Tree Metrics 2 of 3 FROM 2012-2018 THE CITY HAD A NET UTC LOSS OF �J��������J��ir fir� ��fir.l .:..........■........................■.■...� ......................................... Jlwdk �r..I � ....■.■■.■■...■.■■■.■■■■■..■....■...■■.... •.■0000.■..ou.■o.■■.00.■orouu.,.. t■n.rrnun.■.unnnnunn■.nnun. Number • Acre ruo.u■uu...u■.nnuu■■■■../.■.■.n■ .o.u.00u.■a.uu■.uuouoouuuuu.. u■■■■uuuuuuuo.uunnuunm•. , While the UTC Assessment data uses square feet measurement,.nd acres as a basis of providing the context �. 4�������� � �. � � n■uau■■n■.■u.rannunuuu■n.■■.■■■u; of • trees - in an acre can ■........r.uuur.or■.■u•uutovo■■uu■■ ,.� u.■nnnuu■.■.■rr..mu.■■■.■n■.Y+aw.,an..• help to contextualize and scale thevalue of tree loss or gain. n.■a■n.uuur.nn■amun.um. 4 ��`� ` 4�� 4�` ............................................... ................................................ r r � f� r r � � f ■■o.o.■■■uuu..u..u....tuoo.rou■rtutu■L .............■...■....a■■....■a............■..... ���rr�rr�� � � � � �� ................................................. .................................................. ■n wnnuunnrrn■/n■uu/.mm�uuunn LdhL �������t�`•�r��•��r��•��� iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii APPROX. • ` • ` • • • a, }" 1.34% = 219,105 TREES LOST EQUIVALENT • EQUIVALENT TO OF FOOTBALL FIELD FOOTBALL FIELDS • L SF TREE EQUIVALENT TOPARKED CARS i z o o z ;o io io zo o ao so ao ao zo ,o OF • INTERNATIONAL FOOTBALL FIELD FOOTBALL Values1:3 Z14 03[1[, • -rounded to the nearest whole number 2023 •.n Forest Management Tree Metrics 3 of 3 YEARLY VALUE OF TREES CUMULATIVE LOSS OF VALUE LOST PER YEAR FROM 2012-2018 FROM 2012 THROUGH 2O18: i- -'• 2012-2013: $2,478,477 2013-2014: $4,956,953 + 2014-2015: $7,435,430 BASED ON A 2{+015-2016: $9,913,907 TREE SIZE �'f± ❑❑ IM 2016-2017: $12,392,383 i6,51F, TREES LOST PER YEAR X $67.87 2017-2018: $14,870,860 :< $2,478,47 PER YEAR 0489010 Total loss from 2012 to 2018 -------------------- Value of Tree Loss Between UTC Assessments 19390,425,406 1 TREE Total loss from 2012 to 2045 _ The amount of net tree loss as (assuming the same rate of loss) measured in acres can be tabulated $67.8 ' VALUE PER YEAR to show approximated value in trees from2012to2018.Projecting the rate If steps are taken to achieve of loss forward without intervention the 45/o goal by 2045, shows the compounding loss as & if the rate of tree loss is eliminated, an opportunity cost which would the City will gain roughly otherwise be attributed to various City services. $2 213 0,74 73 3 0 3 in equivalent value Values are in 2018 USD 2023 Urban Forest Management Plan 13 ■ Mapping Gain & Loss Changes in the UTC As a continuation of the assessment/management/collaboration model established in the 2014 Urban Forest Management Plan, the current j extent and condition of the UTC was assessed for both geographical First Landing North losses and gains.This section details the changes in the UTC from 2012 State Park to 2018 and highlights the areas of the city where such losses and gains ; were observed. [goad Ray r•y.. i LLftlecreek. �'VeDterY1 Lynnh ven. p7 Currently,UTC loss is outpacing UTC gain by twofold.At the current % River« ��• > •Eastern Lynnhayen pace and with no proactive plan or policy measures,the UTC would Riven r decrease to roughly 34.3%by 2045. This would amount to a net loss of over 800,000 trees or roughly 7,600 acres between 2022 and 2045,which is roughly equivalent to 13%of the existing tree canopy. Wolrsnare6eek Norfolk :'• Thalia Creek 5000 r` !� - ,Naval Air, y Ocean-front Station i ELzabethRiver' Oceana ? +5 London RridgePCr✓sek 4000 _ 3000 r� .:. .• '-DamNPCk _ -� Upper North Landing'River y l'• 2000 v '' Upper West Neck Creek' Chesapeake 1000 Ilk t i6 LEGEND: Gain _ T 0 x Loss Gain tM • �► h Z121 4,204- , Virginia Beach Tree Canopy Change in Acres from 2012 to 2018. 0 1 25 5 mi _ t Partial Virginia Beach Map of Tree Canopy Change from 2012 to 2018. 2023 Urban Forest Management Plan 14 ■ Mapping Gain Tree Canopy Gain Per Zoning District Change from 2012-2018-Gains During the six-year period between the two aerial assessments of the UTC in 2012 and 2018, there were certain areas of the city that First Landing North experienced gains in the UTC. Total gains equated to 353 acres per ` .. State Park 1 year, on average. These gains, though small, were significant in the residentially and agriculturally zoned properties in the southern half of '�Vad Bay 7. Virginia Beach away from urban development. Agricultural timbering w- Little creek Western Lynnhaven Enlarged 0)7 activities occur not only on agriculturally zoned land but on land zoned River Eastern Lynnhaven Plan North for single-family residential as well.The categorizations used in the map River p on the right represent zoning districts rather than land use categories.It �t0o1 is recommended that additional analysis be completed that also looks at land use in order to fully assess sources of loss. Norfolk Wolfsnarecreek Thaliii Creek l ,Naval Air V, Ocean-front Station Elizabeth River Oceana London Bridge CRek, 3.0% f ,� Dam Neck ' Enlarged Upper North Landing River B !.�Plan South i=i Upper West Neck 79A% Creek Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Chesapeake Zonino Categories Single Family Residential" Parks or Open Space 1,685 acres 33 acres Multi-Family Residential Industrial 63 acres 210 acres - Commercial Right of Way 52 acres 78 acres 0 1 LS 5 mi •Agnculturally mned land is included wthin --.- Sing;,Family Residential Zaning Category Partial Virginia Beach Map of Tree Canopy Gain from 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 1s ■ Mapping Loss Tree Canopy Loss Per Zoning District Change from 2012-2018-Losses r Tree loss reflected in the UTC assessment was over twice the amount of tree gain from 2012 to 2018.As with the gains,losses occurred primarily First Landing North on residentially and agriculturally zoned properties. However, there State Park were also significant losses of UTC acreage in rights-of-way and, to a lesser extent, in multifamily and commercial zones. In rights-of-way 337 BWd Bay 9 acres of UTC were lost with 315 aggregate acres lost in the multifamily y j 'LittleCreek Western Lynnhaven ! Enlarged N� and commercial zones.Much of Virginia Beach's existing development is River Eastern Lynnhaven ` Plan North n located in the Lynnhaven River watershed where over 2%(roughly 759 River O acres)of UTC loss occurred. (oV Norfolk WolfsnareCreek Thalia Creek 1.55 u_ Naval Air) Ocean-front Station �1 Elizabeth River Oceana London Bridge Creek 42% i ♦ Dam Neck Enlarged Upper North Landing River a Plan South Upper West Neck 76.17. Creek Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Chesapeake Zonina Cateaories Single Family Residential* Parks or Open Space 3,282 acres 63 acres Multi-Family Residential Industrial 175 acres 205 acres - Commercial Right of Way 142 acres 337 acres 0 1 2.5 S mli •Agricultmally:oned land is included within --.� Single Family Residential Zoning Category Partial Virginia Beach Map of Tree Canopy Loss from 2012 to 2018. t. Upscale on page 17 2023 Urban Forest Management Plan 16 ■ Mapping Gain & Loss Enlarged Plan North Enlarged Plan South r - 161 'I ` Piney Gr-jve Baptist d( ' , r•j ,�, C h u rC h } .� Btaycllff ' -I1l it A Tree Canopy Gain-Lynnhaven Watershed Area B Tree Canopy Gain-Southern Rivers Watershed Area 40 Jir It rowe . a +� _ r *h LI rC . ; B, G�1 4,rc- r ,� -.o C Tree Canopy Loss-Lynnhaven Watershed Area p Tree Canopy Loss-Southern Rivers Watershed Area 2023 Urban Forest Management Plan 17 ■ M vvinw Net Loss ;wy Counuil Distriut Tree Canopy Net Loss Per Council District Change from 2012-2018-Net Loss There was net loss of Urban Tree Canopy during the six-year period between the two aerial assessments from 2012 and 2018. The map First Landing North to the right shows how this relates to the Council Districts,which were State Park newly created in 2022. Each district is shown with its own percentage 9 of Urban Tree Canopy coverage in 2018 relative to its current district 35.24% y boundaries,and the percentage of net loss from the two assessments is (-2.25%) 6 d shown below the UTC percentage. 8 54.26% �n The bar chart below shows for each district, the approximate acres of 48.64% (-1.65%)(-2.86%) UTC gained or lost between the two different assessments. 4 Norfolk 25.26% (-2.78%) 3 1 30.11% Naval Air 32.65% (-2.1 1%) Station Oceana Approximate Tree Canopy Loss/Gain 5 in Acres by Council District 10 40.26% 2500 20.89% (-0.80%) 7 (-0.92%) 1,985 34.02% 2000 (-1.27%) ■Gain ■Loss u, 1500 T 1,314 V Q 1000 Chesapeake Soo 399 356 2 318 286 182 25 41.74% 57 78 41 10 58134 84 75 48 85 (-0.88%) 0 ' ■' �' ' �1 .1 ■1 ■' M■ 1 2 3 4 5 6 7 8 9 10 0 1 2.5 5mi Districts Partial Virginia Beach Map of Tree Canopy Net Loss from 2012 to 2018 by Council District. 2023 Urban Forest Management Plan is ■ ublic Enga ement _ Public Engagement for the Urban Forest Management Plan I Update Meetings: On November 14th and November 29th of 2023, Public Meetings occurred at the Great Neck t Recreation Center and the Princess Anne Recreation Center,respectively. Surveys were handed _ - out at the meetings and made available online through January,2024. �e Survey Results: The survey consisted of 13 questions completed by 58 participants.Approximately 60%of them had some familiarity with the concept of an Urban Tree Canopy(UTC). Half of them felt they had a strong understanding of the importance and benefits of a healthy UTC. About 85%expressed t IL interest in learning more about tree care,planting,and conservation. Over 80%of the participants prioritized planting new trees"everywhere",with schools,residential ' areas, parks, and waterways being the next top choices. The preferences for tree preservation t areas mirrored these results,with "everywhere"leading,followed by residential and commercial Public Meeting at the Princess Anne Recreation Center,November 29,2023. areas,waterways,and parks. When asked about actions to prioritize for the UTC,the respondents'top choice was to modify ordinances and design guidelines to recognize trees as infrastructure.This was followed by the desire to plant more trees in socio-economically disadvantaged areas, increase the care for Question#4:Where would you like to see more trees preserved? large or heritage trees, and establish a tree mitigation fund that would require all projects to compensate for city trees removed. Resiler,VaL areas In response to an open-ended question,the respondents identified new development as the most i,dostrial,' -- significant threat to existing trees. Other threats mentioned included lack of knowledge, costs, i0""°r"" potential storm damage,invasive plants,and maintenance issues.The respondents perceived the r�•atcrwa. greatest challenges to planting new trees to be costs,followed by maintenance,lack of education, buYc•s and difficulties in finding suitable locations or sites. Roadways Regarding the feasibility of the Next Steps outlined in the report,the respondents believed that Schools �f targeting public lands for maximum tree cover was the most feasible, followed by multi-level education programs and the formalization of a tree tracking and removal notification system. Parks In terms of Future Considerations, the respondents felt that the most feasible approach was to educate City departments and the development community about the UTC.This was followed by Cverywh��e the idea of incentivizing tree protection through land development ordinances and promoting a Other!Ncaac property owner tax incentive education program. sRccity) 10% '-'C°� 30% a0% 505: 50% ?0% 80°�. 90°s rU0% A majority of the respondents were in favor of participating in tree-based tax incentive programs 0% for planting on private property,including their own property. Example of one of the survey questions and compiled results. 2023 Urban Forest Management Plan 19 Management & Collaboration The Goal Moving Forward The current plan establishes a goal of 45%tree canopy Virginia Beach's urban forest is a dynamic asset that coverage by 2045. The existing tree canopy is nearly 1 requires a multi-pronged approach to mitigate tree million trees short of this goal, necessitating planting of loss (preservation) and promote tree gain (planting), to Between 2012 and 2018, the City of almost 40,000 trees per year until 2045 in order to reach minimize tree conflicts with other assets, and to ensure Virginia Beach had a net loss of 1.34% the desired tree canopy coverage.Meanwhile,the City is the health and longevity of trees in the community also losing roughly 36,000 trees every year on average. Everyone has a role in managing the urban forest, and in its Urban Tree Canopy, which is Steps taken to achieve the 45% tree canopy coverage management of the urban forest will achieve the greatest equivalent to 219,105 trees or roughly should account for not only the gap between the existing success and community support as a collaborative effort 2,082 acres. and desired canopy,but also this current rate of decline. between all stakeholders,from the municipal government to homeowners to developers. Current Tree Canopy in 2022* Yearly planting required to achieve 4 5% U TC by 2045 36k annual loss 76k trees 36k replacement I _T acres if yearly tree loss remains the same or AAA40k trees trees Projected 202.9 tree canopy based on average yearly loss from:018-2018 if yearly tree loss is reduced to zero 2023 Urban Forest Management Plan 20 a � a. km �GIJ`z.y- ter' a ~ •' • �s gJ �. I If Now �- -•-..� -ram _.- ,�.�� "' - �4 �` _ s K s , F a Y77- W. 9 n. - m Next Steps 1 of 4 Next Step #1: Keep Doing What's Working Targeted Goal: Build upon and carry forward the successful elements of the sustainability model established in the 2014 Urban Forest Management Plan, and more recent and groundbreaking achievements rf i M k made since embarking on this current plan beginning in 2021. `j y Y5 r Desired Outcomes: ■ Tree Mapping / Inventory — Continue and advance tree mapping for new installations, replacements,and maintenance of trees. ` ■ Inventory Trees — Continue the Virginia Beach Tree Inventory for trees and extend the r inventory to include available parcels for reforestation, preservation, and temporary holding nurseries. J ■ Tree Canopy Loss Mitigation—Continue to implement and apply the new City Policy for tree loss mitigation based on acre,caliper size,or specimen. ■ Collaboration&Engagement-Expand on the success of events like Arbor Day and Treetopia and multiply recent efforts on the website and branding that have a high response rate. ` Tools& Techniques ■ Review the most recent strategies and successes toward UTC preservation which have occurred since the most recent UTC assessment. ■ Find ways to summarize these achievements and broadcast this information to other City Departments in order to solicit help and spur improvements. w� F ■ Pre-plan the next UTC Assessment collection and the next Urban Tree Forest Management Plan Update with the knowledge learned since 2021. 77, �* R Municipal Center Champion Tree,the Chinese fir,Virginia Beach,VA. 2023 Urban Forest Management Plan 22 Next Steps 2 of 4 `.� Next Step #2: z„ Undertake A Multi-Level Educational Program Targeted Goal: Greatly increase community and stakeholder understanding of the problem of tree canopy loss and the need for and benefits of a healthy,growing tree canopy in Virginia Beach. r I J Desired Outcomes: ■ A seamless connection to constituents, City staff, and elected officials about the UTC and \ documentation of each meeting occurrence. P` �* ■ The establishment of a network of organized constituent groups such as members from the Master Gardeners'Tree Stewards project supporting the allocation of City resources to " implement the vision of this Plan Update will have taken place. ■ Formation of several formalized projects,actions,and partnerships will have been established over the next five years. Partnerships would ideally involve an organized constituent group A '� with members such as residents,business owners, and developers who are committed to not cutting down trees and who can become advocates for budgetary and staff resources. ■ Tools&Techniques ■ Expand current branding and public relations initiative for the educational program and • various implementation initiatives to foster greater awareness of the importance of the tree canopy to the environmental,economic,and social health of Virginia Beach. ■ Formalize the current educational program crafted for the various stakeholder groups who h ha ve ave the greatest effect on maintaining ci s tree canopy, ' I g g the ty' including residents,business owners,developers,government staffers,elected officials,and the tree service industry. ■ Perform outreach with formalized groups to establish a partnership network. ■ Utilize a multi-generational approach to tap into younger residents'interest in the environment w. and to senior citizens'interest in supporting community benefits and beautification. Y .. r r .�: ...ii^�, _t_.of"s r-�i�'saCif+r�; .•iti - ..1 Princess Anne Commons Arbor Day Celebration,Virginia Beach,VA. 2023 Urban Forest Management Plan 23 Next Steps 3 of 4 Next Step #3: Target Public Lands for Maximum Tree Cover ' t!- Targeted Goal: • ti Prioritize public resources on increasing UTC on public lands,where there is the greatest ability to permanently protect the urban forest. Desired Outcomes: R v ■ The City and its partners will take steps to maintain and preserve public lands. id A. , Tools&Techniques j` `'' r ... ■ Record formal protection covenants on public woodlands. ■ Allocate annual capital resources for tree plantings. ■ Pursue funding through government and foundation grants to leverage city funds in A maximizing the number of annual tree plantings. ■ Map all areas on public lands, including those owned and managed by non-City public " `� entities,where unforested areas could be planted with trees. ■ Consider Open Space funds for acquisition of forested parcels or those that might be suitable 4 planting. tree or f �, •��' ■ Implement a capital improvement project that includes funding for a targeted number of s � lanced trees per year and that leverages city funds with potential rant opportunities that P P Y g ty P g PP t,� ,y,,',r ,;:.• �.� + could speed up or improve the outcomes of tree planting projects. Yr y ■ Coordinate with Department of Parks and Recreation staff to maximize tree cover in all park improvement projects. Y ■ Apply for grants for Natural Area preservation. For x " ` View of the forest at Marshview Park and Owls Creek. 2023 Urban Forest Management Plan 24 Next Steps 4 of 4 r Next Step #4: Formalize Tree Tracking And Removal Notification System 0,, o p Desired Outcomes: o } r o406 - ■ Tree planting and removal will be documented and tracked citywide. Go °°; ° ■ The Urban Forest will be established as a public service utility/resource. �" n '^w- ■ A combination of reporting methods and tracking/management latforms will be utilized to cV �'° m"k o °oo o . P gP establish an information clearing house for the Department of Parks and Recreation. 0 ■ The tracking systems currently used for trees on City-owned properties will be deployed eS 6 g �a oofA oar o o fl throughout the city to better gauge the state of the UTC in between aerial assessments. f Q' Q41, O `� ° off' c 0 0 06 ° "A. �'� �` � Tools&Techniques �? o � a o b °p $g �"'� o � •' ■ Further develop an electronic tree removal permitting process for the tree service industry For o tree removal on City Property. 0" o &gym NNa "0 2S`� ® ■ Record and document all approved site plan tree inventories and preservation plans for City trees for more thorough tracking. m �®o , 60� ■ Explore ne software e tracking and management soware for use beyond just City-owned properties. ° a , ..� ■ Provide access to tree mapping and inventory layers in GIS to other departments for °° coordination and awareness of the tree maps. l; , i; ■ Enlist additional seasonal sW that can be wholly designated to inventorying trees City wide. ■ Consider programs like Tree Keeper and Capterra to help with assembling and reporting data `+ collected in the tree inventories. ■ Map and Measure Trees by Council District for the ability to compare and prioritize UTC goals. l4 r ~i 0 Proposed Scheduled Af o PlanteC O 'aVarranty Replacement O Hold O Narranty Correction Q Existing Tree Excerpt from Parks&Landscape Services'VBTrees Mapping Application 2023 Urban Forest Management Plan 25 utu re Consiulerations 1 of 4 Future Consideration #1: Inform Other City Departments and the Development Community About the UTC Goals and Tree Mitigation Policy Desired Outcomes: ■ The City culture should better embrace the citys trees and urban forest as public infrastructure and as a public resource providing a public service. ► "' "`� ■ The Tree Planting, Preservation and Replacement ordinance in the City Code should be updated to better support the UTC and other current best practices. ■ City's Landscaping Guide and Tree Planting, Preservation, and Replacement documents r x' should be updated and coordinated between all City departments with regard to tree planting and preservation. Tools& Techniques ■ Establish a city-wide replacement standard for tree removal and replacement on all new site r — = plans and subdivision plans based on the recent State Ordinance Model(SB537) that passed in 2022. The new language in State Code,Section 15.2-961 suggests a tree canopy coverage ranging from 10%-20%based on development intensity. ■ Update standards and requirements for tree protection and preservation to meet with ever-advancing g technology, and apply them to all land use and zoning classifications for qt ®=7 `] development. ■ Extend bonding based on the recently passed City polity to cover both new plantings and tree ` preservation for all site plans and to enforce tree preservation plans submitted with site plans. i ■ Clarify guidance language that is based on the use of trees as a visual, spatial, and aesthetic quality for new development. ■ Hold regular training and briefings with various City departments on the City policies and �t ,• --- goals for the UTC and correlative tree mitigation. Victoria Park Neighborhood,Virginia Beach,VA 2023 Urban Forest Management Plan 26 Future Considerations 2 of 4 Future Consideration #2: Incentivize Tree Protection Through The Land Development ; Ordinances Targeted Goal: Explore zoning tools and techniques that could provide incentives, like development density bonuses, for achieving greater than the minimally required tree canopy on land development plans. In addition,tree preservation would be incentivized more than tree planting, and fees in lieu of tree planting or preservation would not yield additional bonuses but would be required if w ' minimum tree canopy requirements cannot be achieved on the proposed site. 4 � Desired Outcomes: p. n , ■ The zoning, subdivision, and site plan ordinances will include provisions for certain zoning i ` districts or overlays that allow for development density bonuses (increase height or number i of units,for example)if base tree canopy requirements are exceeded by a certain percentage. 4►�^' ��®� �!t i y, ■ New development where it is not possible to meet tree planting requirements onsite should fund tree planting efforts offsite.That funding should pay for enough tree planting to provide an equivalent percentage of tree canopy coverage as required by its zoning designation. Tools& Techniques ` o `„ a ♦ ,f^ " ■ Decide which areas of the city would benefit most from an increased tree canopy, higher A►�j ray, density,or additional housing,and consider implementing a zoning overlay that incentivizes Ax WE �$ �. higher tree canopy percentages in exchange for development incentives. ffiw ��,�3�' s <, .� `��►� ♦� ,y ■ Adopt a formal tree mitigation/preservation credit process by enacting Code that mirrors the as, recently passed State model ordinance(SB537). ■ Promote a CIP Tree Fund that developers can pay into when meeting tree planting r` ..., ` F requirements onsite is impossible. Payment in lieu should support planting at least as many trees in appropriate locations as would have been required onsite for a particular development. ■ If trees must be removed for a development, incentivize the removal of smaller, less mature trees so that replacement of them could achieve the same canopy size,resulting in less net loss y .� to the UTC. ■ Use Stormwater Credits as an incentive for tree preservation as metrics become available for the stormwater quality and quantity benefits of preserving large groups of mature trees.This work is being conducted by researchers at Virginia Polytechnic Institute and State University. Tree Preservation Area on a Construction Site,Virginia Beach,VA 2023 Urban Forest Management Plan 27 Future Considerations 3 of 4 Future Consideration #3: Establish a Tree Protection Easement Program. Targeted Goal: Creating a mutually beneficial program that allows property owners to institute protective easements or covenants in exchange for property tax relief is a method for protecting trees(at jo ' least for a set duration of time). I Desired Outcomes: Too— ■ A program that incentivizes property owners of all land use types to implement protective /S ( � I I I easements or covenants for the preservation of trees will be established, with property tax °* a 1 i t relief provided to participants. This would function similar to the Cit)A Agriculture Preserve 4 4 } Program. I} ■ While property owners with forested tracts of 20 acres or more may benefit from lower real i'j p ,,� y estate taxes,owners with mixed use of cropland and forest land may also be interested to take I advantage of this land use value taxation if they qualify based on sufficient acreage amounts. Tools&Techniques ■ Establish a set of program guidelines that provides property tax relief for property owners who enter into easement agreements or covenants to preserve mature tree canopies. ■ Directly Promote the easement program first to the citys many property owners who have larger = y tracts of land that abut against waterways,intact woodlands,and other fragile environments. ■ Once a critical mass of interest develops,begin promoting the program to other areas where the preservation of the tree canopy would aid in reducing fragmentation of the urban forest. ■ Seek to replicate natural and managed reforestation processes on both green development and redevelopment sites. ■ Tree protection and reforestation easements would be set up in perpetuity,however,a strategy should be developed for ongoing tree survivability,forest quality,inspection,and maintenance ��,�- P g � g tY 9 tY� P of the easements in order to ensure annual tax reliefs are merited for the life and quality of the resource. Considerations could include location of the tree with respect to property lines as — well as value and health of the tree. 1 _•arr- Town Center Urban Trees,Virginia Beach,VA 2023 Urban Forest Management Plan 28 s uture %.onsiueratiuns 4 of 4 Future Consideration #4: r, Establish a Property Owner Tax Incentive Education Program. Targeted Goal: There are federal tax incentivizes for reforestation projects,including projects which are a part of timbering operations.Establishing a program that educates property owners and connects them �'✓ with resources to promote reforestation can aid in offsetting timbering impacts,especially in the southern areas of the city. Desired Outcomes: �•` ■ A program that connects timbering operations and rural property owners to tax incentive opportunities related to reforestation will be promoted and managed. 1� ■ New development will result in a net gain in the UTC by requiring developers who are not g'a" able to meet tree planting requirements to fund tree planting efforts in more suitable locations " or by allowing developers to replant trees of the same total inches in diameter as the removed trees. if 4 Tools& Techniques ■ Reach out directly to rural property owners and timber companies to gauge interest and obtain support for the city's reforestation efforts.Inform these stakeholders about the federal tax incentives available for reforestation projects. ■ Promote the existing Agricultural Reserve Program and the fact that tree planting is an eligible {` agricultural activity for participation in the program. ■ The state's new model tree preservation and replanting ordinance (SB537) allows for �..,., ' '� ,��`�_' .� reforestation on other site in lieu of preservation on the development site under certain circumstances. This framework should be used to aid in reforestation efforts city-wide in concert with federal tax incentivization programs. ■ The federal tax incentives in Virginia go beyond just education and many are tied to various state and federal agencies. In general terms,the costs of reforestation are tax deductible up to ''"+, �"' `+�� •_ "'� ' � 's- a certain dollar amount per property. *_ r '�! ,, •;�14,�,�4 '�� �(ff Chinkapin Oaks at Lark Downs Park at the Kempsville Rec Center,Virginia Beach,lA 2023 Urban Forest Management Plan 29 IC '. / j wj �•.'. jai ,.� � V r .,�_ „ •"+� � - 1ice. 7`y M ti a �1 (L. -.: +(a' J`�4e '``':.7'r _ '�f{9R{�',{a "1� a•/r'"t `I�k f ` ; ,�j b y' � }1•^� ' '.d�i�'E '.M*f..'1 •♦ �. f a { )1 --F 2yt r Y.. � �tie.. � .'� �, ,.,�•+ :� r L a 1 3• 74,7 TO �♦� yam'"1 '� 'K'� - *,,-y.m,,. Ifs' �•9� y S 4 � �S�'^ I x fi ;�,-�i—.y'~V.. �f'++yyry,�'^^r•' R �` • - ,���` � � � 'tpy �, ,�� N' Y lip Sitffi of r :< tr' -• a. T c+ +.�y�,fY'.;�,�-J"t""►.� ,y��1'�fy17`sr..��: tti` r+ti* .,'`� ��.. •�`f1 �p y ice- T Urban Forest at Marsh View Park,Virginia Beach,VA 2023 Urban Forest Management Plan 30 Conclusion - -�� In conclusion, the Virginia Beach Urban Forest Management SR Plan Update is a comprehensive strategy aimed at preserving, m expanding, and diversifying the city's urban forest. Recognizing the significant loss of the urban forest infrastructure, the plan outlines immediate and long-term actions to achieve a sustainable and vibrant urban forest. The vision is to reach 45% tree canopy coverage by 2045 through a community-wide effort involving residents, business owners, developers, non-profit organizations, and government entities. The plan emphasizes the need for a shift in community philosophy and public policy towards tree infrastructure valuation. It sets clear priorities and - measurable objectives, including tracking real-time tree loss and gain, and undertaking significant tree preservation, replacement planting, and reforestation efforts equating to a net increase of roughly 40,000 trees (376 acres) every year until 2045. The ultimate goal is to transform Virginia Beach into a model city for tree management and green infrastructure, enhancing the health, well-being, and adaptability of the city, its environment, and its residents. This plan serves as a testament to the city's commitment to its urban forest, recognizing it as more than just a collection of trees, but a dynamic green infrastructure that provides significant environmental, economic, and social benefits. Urban.Trees at Thalia Creek,Virginia Beach,VA 2023 Urban Forest Management Plan 31 Agenda A•• of BeachPlanning • • • SepteThe Urban mber 2023 An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016, the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 Summary of • The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long- term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach.This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth.The Parks and Recreation Department asks that the Planning Commission approve the updated plan to be incorporated into the Virginia Beach Comprehensive Plan. Recommendation Staff recommends approval of this ordinance to adopt and incorporate the Urban Forest Management Plan, 2023 into the Comprehensive Plan, 2016, and replace the Urban Forest Management Plan, 2014. City of Virginia Beach Agenda Item 1 page 1 of 3 Ordinance 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE URBAN FOREST MANAGEMENT PLAN, 2023, 4 WHICH WILL SUPERSEDE THE URBAN FOREST 5 MANAGEMENT PLAN, 2014 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Urban Forest Management Plan, 2023 has been developed with 11 extensive input from the community and stakeholders, including two public meetings 12 and an online public survey; and 13 14 WHEREAS, the revisions to the Urban Forest Management Plan were necessary 15 to identify immediate and long-term priority actions to preserve, expand, and diversify a 16 sustainable urban forest for Virginia Beach.; and 17 18 WHEREAS, the Urban Forest Management Plan, 2023 should be adopted and 19 incorporated as part of the Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the Urban Forest Management Plan 2023 and its 28 incorporation into the Comprehensive Plan 2016. Such document is attached hereto 29 and made a part hereof, having been exhibited to the City Council and placed on file in 30 the Department of Planning and Community Development. 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of 2024. City of Virginia Beach Agenda Item 1 page 2 of 3 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16625 R-1 August 15,2024 2 City of Virginia Beach Agenda Item 1 page 3 of 3 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business will be the regular agenda. Madam Clerk,we're ready for the first item on the regular agenda. Madam Clerk: The first item is item#1,City of Virginia Beach. Ms. Costanza: Good afternoon. My name is Brooke Costanza. I'm the City Arborist for Virginia Beach. I'm here to present the Urban Forest Management Plan for 2023. We would like this incorporated into the fuller comprehensive plan for the city. We have done a couple of urban tree canopy or a few urban tree canopy studies. The last one we did was in 2018, and comparing that to 2012, we actually have lost 1.4% of our urban canopy. So, what this document does is it goes through guidelines on how the city can achieve a goal of 45%urban tree canopy by 2045 that was established by city council in 2014. We are keeping that goal for this particular document as well. We have gone through some internal review and public engagement. We have had a couple of public meetings to present this to the public. We also have presented this to the Open Space Committee. We also have shared it throughout the city, throughout all the departments, and have had lots of good comments come back, and we have modified that document based on their comments that have come back. Ms. Cuellar: Okay. Thank you very much. Are there any questions of the applicant from the planning commission? Commissioner Plumlee? Mr. Plumlee: Hey there,how are you today? Thank you so much for your work. I really do appreciate it. I had brought up at the informal some concerns about the stakeholders involvement in the creation of the document. Do you know when it was advertised to the public for comment, this particular version 2023? Ms. Constanza: Yes,we advertised that November last year. Mr. Plumlee: November of last year? Ms. Costanza: Correct. Mr. Plumlee: And were the meetings with the stakeholders,were those also held last year? Ms. Constanza: Yes. Internally, they were done at the end of summer of last year. For the public, it was done in the fall. So October-November, November is when we actually had the public meetings, and we had a an online survey up for, I believe it's three months from November until January, and advertise that online as well. Mr. Plumlee: Okay. That's good to hear. There were several objectives set forth that are called measurable objectives, and I had asked you this question in the in the informal because I was concerned about these being mandates, but I think you are pointing out that these are objectives,and not necessarily mandates. Can you explain that, and that because it may come up in the future as to whether or not these are mandates,but it's being presented to us as these are objectives, and I want to get your position on that. Ms. Constanza: Yes, so a few of those statistics in there are stating that you have to, I think you presented, you have to plant this many acres in order to achieve the skull, and that's if we don't follow, certain objectives, we don't do tree preservation, then we would have to plant this many acres in order to achieve that goal because we are losing this amount of acreage per year,but a lot of those objectives are things that we are already doing when it comes to future considerations. Those are just things that we're going to look at in the future. So, I don't know if that kind of answers your question. Mr. Plumlee: Just being specific. So, it says implement measures to preserve 350 acres of urban tree canopy in any given year. That is not a mandate,is what you're saying? Ms. Constanza: That is not a mandate. Mr. Plumlee: It would also require that we're properly tracking, and that we have the facility to properly track whether or not we are in fact destroying more than 350 or whether we're getting close to that. What are the tracking measures that are going to be put in place so that we know because this is sort of real time, right? So,we're getting these applications coming in, and we need to take out 10 acres of trees in order to construct something that's being requested. How will we be able to know where we are on our goal of 350 acres? Ms. Constanza: Sure. One thing that we're doing for city property, we can't necessarily do this on private property, but we are tracking all tree removals, and tree plantings on city properties. Another thing that we're doing, we just had a flyover to measure the tree canopy in Virginia Beach. It's called LiDAR. It's basically a laser that comes through,measures the elevation of basically everything. Then you compare it to a heat tracking map. So, we're doing that every,we did it six years ago. We're doing it again now,so we're doing that every so often so we can track the percentage over time on private and public lands. Mr. Plumlee: We also have a request for a strategy to have a thousand acres of tree preservation, and/or planting each year for the next 13 years. That's also part of the objectives. Would that also fall under the same sort of tracking method that you just described? Ms. Costanza: Yes, we track all of our tree planting, tree preservation as well, but all of our tree planting is tracked on a map called VB Trees that we created in- house with our GIS team. Mr. Plumlee: Where I would be hard pressed to know where we would be in our immediate process of considering applications. If we're doing this on an every five or six year basis where we do a heat map, I can't, the LiDAR project, which I think are expensive, and take some time to perform, how are we going to make real time decisions knowing where we're coming out on the preservation or the destruction side with regards to this objective. Ms. Costanza: So you're saying because of the large time frame between those studies, it's hard to make a decision, a policy decision or a decision on your behalf, right? It is a hard question,right? Because a lot of that tree removal is done on private property,which is something that we can't necessarily track. So, I would say we have a public access map. So, you can actually track the tree removals versus tree plantings, and that actually counts it per year, or even you can do a six month time frame, and it'll show you how many removals versus plantings we've had on city property. When it comes to private property, we do not have that kind of control. Mr. Plumlee: So that's what worries me about having these goals set. These objectives in this fashion because we're putting it up against measures. Let's think about this, it's 2023, we're already into the 2014 plan, quite a distance, or no, I'm sorry, this is a 2024. It's the 2023 document being updated in 2024, that was actually the 2022 document, but we're doing it for 2014, and if it were going to be another five years down the road before we know city wide where we are in our accounting of trees, and as you say,we can't track that on private property, the usefulness becomes problematic in my view, and that's just an opinion on my part. One other question,one subject question was I believe in the 2023 version,I still have the 2022 in front of me because I couldn't get printed out in time to 2023. There is a proposal to have sort of a tree bank for lack of a better phrase, in-farm regions of our city for tree plantings to offset impacts of development. Can you describe that? Ms. Costanza: So I believe that was in the future considerations. So the future considerations are more ideas that were taken from maybe other localities that are something to think about in the future instead of something that we want to implement right now. This is something, that would be something that we'd have to talk to a lot of different stakeholders about. These are just ideas that are included in the document,so that we can talk about them later. Mr. Plumlee: So it was for the purpose because it was listed along those objective measurables or what is it measurable objective. It was listed among those in the 2023. I did catch it online. Has there been any discussion about incentivizing private landowners throughout the city to plant trees? And, there were discussions of tax credit and tax incentives. Had there ever been any discussion among the public in general that if you're a landowner, and you'd like to improve your property with a tree that there could be some credit given for that effort? Ms. Costanza: I have heard that somebody did bring it before. I'm not sure if it was city council that they did bring an easement idea before City Council, where if you have a certain canopy of tree on your private property, then you would get some kind of tax break of some sort,the property tax I'm assuming. We also do have that idea in the document for future considerations as well. Mr. Plumlee: I noticed the explanation about the impacts of 100 trees, 105 trees per acre on average, having a drainage effect of 100,000 gallons of stormwater in our city, and stormwater is a very significant problem throughout the city, and so I really do appreciate this plan, and find some real positive to it. Obviously,I see some weaknesses on measuring this goal as we go through, but whatever we can do to advance the technology of tracking our canopy, I think would be of high importance. Thank you very much. Ms. Cuellar: Are there any other questions from commissioners? Madam Clerk, do we have any speakers? Madam Clerk: Yes,we have one speaker,Eddie Bourdon. Mr. Bourdon: Thank you, Madam Chair. I'll be brief. I'm not opposed to this at all. and I've served on the Green Ribbon Committee since its inception, and I did confirm that we heard a little bit about this update at a meeting that was dominated by discussion of the trees that we need to plant that Dominion Power is paying for because of the clearing for the large transmission line serving the offshore wind energy project. This didn't get a lot of my focus, and I haven't been available to until yesterday to try to look this up. I had my secretary look it up, and all we could find was the 2022 update. I'm again, not opposed to this at all, and as Billy Allman's who's here and our committee has been very supportive of the of some of the ideas, many of the ideas in here and most importantly, to follow on Mr. Plumlee's comments,at the state level we have been attempting,and we may soon get stormwater credit for trees,which is a financial incentive, and on the Green Ribbon Committee has been my advocacy, and I'm pretty much everyone agrees that we need to incentivize this not so much tell people what they can and can't do with their trees, because then the trees will be gone pretty fast when you start going down that road. So, the incentives, and I know Rob Goodman's been working on to try to get a plan in place to save live oaks and things like that, which all these are very good things, and I'll end this by simply saying, the document that you're voting on, my secretary, who's good on the computer,not me could not find, we found the 2022, and personally, I didn't have a chance to read it for other reasons, but, and I would like the opportunity to read it,but that can happen between now and City Council as far as I'm concerned, I'm not here to oppose or, what y'all wish to do,but the ideas,there are a lot of ideas,most of them are very good, mandates are not a good idea in my view. Thank you. Ms. Cuellar: Thank you. Thank you, Mr. Bourdon. Are there any questions for the speaker? Any additional speakers, Madam Clerk? Madam Clerk: No. Ms. Cuellar: Okay. I'd like to open up the floor for discussion or to entertain a motion. Ms. Byler: I move that this ordinance be adopted, and incorporated into the Virginia Beach Comprehensive Plan. Ms. Hippen: Second. Ms. Cuellar: I have a motion by Commissioner Byler. for approval of this item to be adopted into the comprehensive plan. Second by Commissioner Hippen. Discussion? Having no discussion, we can open the vote. Madam Clerk: The vote is now open. Item #1 has been recommended for approval by a vote of 7 to 1. Ms. Cuellar: Thank you very much. Madam Clerk, if you call our next agenda item number,please. Vote Tall AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X M. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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 https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(i ,vb ov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r28d529dcdO5dfe9e43 I c528f6ef4243c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, October 15, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/01/2024 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 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 I. CITY COUNCIL'S BRIEFINGS A. VB THRIVE UPDATE Mark Uren,CEO- (Requested by Vice-Mayor Wilson and United Way of Councilmembers Berlucchi&Remick) South Hampton Roads B. BY-RIGHT VERSUS DISCRETIONARY Kathy Warren, DEVELOPMENT Director,Planning (Requested by Mayor Dyer and Councilmembers Kevin Kemp, Henley&Taylor) Zoning Administrator, Planning C. DIRECTION ON ITA STUDY/PASSIVE Michael RECREATION Kirschman, Director,Parks& Rec Chad Morris, Planning Design& Development Administrator, Parks&Rec D. 2025 DRAFT LEGISLATIVE AGENDA Brent McKenzie, Legislative Affairs Director II.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y N' Y Y A A-F B S T A I N I I) G. MINUTES I. INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 17,2024 2• SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 24,2024 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/01/2024 PAGE: 2 R T li 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 AWINDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R N' N h D E N R N N IT. MAYOR'S PRESENTATIONS 1 HISPANIC HERITAGE MONTH 2O24 Patricia Bracknell-Founder/CEO Chamber for Hispanic Progress Monica Nieves-Pestana-Community Engagement Director,Chamber for Hispanic Progress Ursula De la Luna-Treasurer Chamber for Hispanic Progress Carmen Sermini-Secretary Chamber for Hispanic Progress Ana Williams-Education Director,Chamber for Hispanic Progress NATIONAL ARTS and HUMANITIES MONTH Dr.Cynthia Romero,Chair of the Virginia Beach Arts &Humanities Commission NATIONAL BREAST CANCER AWARENESS MONTH J.1. Resolution to DIRECT the City Manager to provide ADOPTED,BY 11-0 1' Y Y Y Y Y Y Y Y Y Y additional medical screenings re public safety CONSENT personnel(Requested by City Council) ,I.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y l property in fee simple and acquisition of temporary CONSENT and permanent easements, either by agreement or condemnation re Robinson Road Improvements Project,CIP 100347.032 J.3. Ordinance to AUTHORIZE the acquisition of an ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y 1' 1' Agriculture Land Preservation(Arp)Easement from CONSENT David W.Heafner,Jr(152.96+/-acres),the issuance by the City of its contract's obligations in the maximum principal amount of $1,171,582, and TRANSFER funds to purchase U.S.Treasury Strips J.4. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 10-1 Y Y Y Y Y Y Y Y N 1 1' EXECUTE a Management Agreement with CONSENT Hometown Sports Management, LLC, re the operation and management of the Sportsplex and Field Hockey Complex 1.5. Resolution to formally RE-ADOPT the Virginia ADOPTED,BY 11-0 Y Y Y Y Y Y Y l' Y Y Y Beach Emergency Operations Plan(EOP) CONSENT J.6. Ordinance to ACCEPT and APPROPRIATE$3.5- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y 1' Y Million from the Virginia Department of CONSENT Transportation State of Good Repair / Primary Extension Program to Capital Project#100401,"Street Reconstruction II"re road paving projects J.7. Ordinance to APPROPRIATE $5,000 from fee ADOPTED,BY 11-0 Y Y Y Y Y revenue to the FY 2024-25 Commonwealth Attorney CONSENT Operating Budget re purchase supplies and support the operation of Drug Treatment Court CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/01/2024 PAGE: 3 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 VOTE I R Y N K D E N R N N K.1. ADEKOJE PJ 22001,LLC for a Conditional Change APPROVED/AS 9-2 Y Y N Y Y Y Y Y Y Y N of Zoning from AG-I Agricultural to Conditional R-10 PROFFERED Residential redevelop a ten (10) lot single-family subdivision West of Bluegrass Lane&East of 2044 Aloma Drive DISTRICT 2 (Deferred from July 9, 2024) L. APPOINTMENTS RESCHEDULED 11-0 Y Y Y Y Y Y Y Y Y Y Y BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASKFORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:08 PM OPEN DIALOGUE 5 SPEAKERS 7:24 PM