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Home My WebLink About12-10-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR ROSEMARY WILSON-District 5 S _ =, 'S•L. MICHAEL F.BERLUCCHI-District 3 Ok ' P BARBARA M.HENLEY-District 2 `�' DAVID HUTCHESON-District 1 V (/ 1 \' .) S • ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROS-HAMMOND-District 4 -= ' JENNIFER ROUSE-District 10 '•+ = •`° JOASHUA F. "JOASH"SCHULMAN-District 9 " °u. CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY A7TORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM CITY COUNCIL AGENDA FAX(757)385-5669 C17Y AUDITOR-LYNDONS.REMIAS December 10,2024 EMAIL:CITYCOUNCIL@VBGOV.COM C/TY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:30 PM A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024 Laura Harden, Director—Cherry Bekaert Advisory, LLC B. GENERAL FUND UPDATE 2:45 PM Letitia Shelton, Director—Finance Kevin Kielbasa, Finance Controller C. DEBT MANAGEMENT UPDATE 3:15 PM Letitia Shelton,Director—Finance David Rose, Senior Vice President, and Manager of Public Finance—Davenport&Company Kyle Laux, Senior Vice President—Davenport& Company II. CITY MANAGER'S BRIEFINGS A. CIP RETREAT PRE-BRIEFING: BUILDINGS &ASSETS 3:45 PM Brian Delfenthal, Facilities Administrator—Public Works B. CIP RETREAT PRE-BRIEFING: RETREAT FACILITATOR 4:15 PM Julie Brenman, Chief Operating Officer—Fountainworks Kevin Chatellier, Director—Budget III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. `Bobby" Dyer B. INVOCATION—Reverend Doug Sasser Pastor, Haygood United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. SPECIAL FORMAL SESSION November 26, 2024 2. FORMAL SESSION November 26, 2024 3. INFORMAL AND FORMAL SESSIONS December 3, 2024 H. MAYOR'S PRESENTATION 1. RESOLUTION—Princess Anne Independent News John-Henry Doucette I. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE OF CITY PROPERTY 1.54+/- acre property& 16, 500+/- square foot structure and all other improvements located at 2656 Lishell Place 2. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 3.18 acres of City-owned property located at the intersection of Princess Anne Road and Community College Place J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DISSOLVE the In-House Pharmacy Exploratory Committee (Requested by the City Council) 2. Ordinance to DISSOLVE the Urban Agriculture Advisory Committee (Requested by the City Council) 3. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re the Violet Bank Trail Project, CIP 100558 4. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Domi Deeds 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re My Favorite Charity Events Organization,LLC 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Fight CF Foundation 8. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Kaizen Adaptive Training, Inc. 9. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Aid Another 10. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Healing of the Soul Ministry 11. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re STSTLT, Inc. 12. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Alanton Baycliff Recreation Center, Inc 13. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Powerful Living Ministries 14. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries 15. Ordinance to AMEND Chapter 7, Article III of the City Code re seizure, impound, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the City 16. Ordinance to AMEND the City Code Section 21-230 re traffic calming at Culver Lane 17. Resolution to AUTHORIZE the City Manager to make administrative preparations re Emergency Medical Services compassionate billing program 18. Ordinance to AMEND the 2024 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to execute the amended plan 19. Ordinance to APPROPRIATE $30,531,524 from the FY2023-24 School Reversion Funds to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program(CIP) Requested by the School Board(Deferred from November 19, 2024) L. PLANNING 1. C & C DEVELOPMENT COMPANY, INC., for a Variance to Section 4.4 (c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three (3) single family dwelling units at 6502 Atlantic Avenue and 203 & 205 65th Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI for a Change in Nonconformity re expansion of an existing dwelling at 514 9th Street DISTRICT 5 RECOMMENDATION: APPROVAL 3. SENTARA VIRGINIA BEACH GENERAL HOSPITAL / SENTARA HOSPITALS for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 RECOMMENDATION: APPROVAL 4. SENTARA INDEPENDENCE / MPB INC., for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard DISTRICT 9 RECOMMENDATION: APPROVAL 5. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., for a Modification of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout, for the parcel directly south of 2285 London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. FRANKLIN GROUP COMPANIES, LLC / TAA CORPORATE CENTER OFFICE PROPERTY, LLC, for a Conditional Change of Zoning from B-2 Community Business to Conditional 0-2 Office District and a Conditional Use Permit re housing for seniors & disabled persons and a Variance to Section 4.4(b)of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 7. TIFFANY COREY-BROWN / FIRST THURSTON, LLC, for a Conditional Use Permit re day-care center at 5701 Thurston Avenue, Suite 103 DISTRICT 4 RECOMMENDATION: APPROVAL 8. JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES / LEI XU for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit C DISTRICT 5 RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 9. CHARLES YOUNG / CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue,Unit D DISTRICT 5 RECOMMENDATION: APPROVAL 10. LAKEWOOD HOME BUILDERS / MAH INVESTMENTS, LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 385-4303 The Agenda(including all backup documents)is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r871677402b469793e1 cdc16ead543733 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, December 10, 2024. I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:30 PM A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024 Laura Harden, Director—Cherry Bekaert Advisory, LLC B. GENERAL FUND UPDATE 2:45 PM Letitia Shelton, Director—Finance Kevin Kielbasa, Finance Controller C. DEBT MANAGEMENT UPDATE 3:15 PM Letitia Shelton, Director—Finance David Rose, Senior Vice President, and Manager of Public Finance—Davenport&Company Kyle Laux, Senior Vice President—Davenport&Company II. CITY MANAGER'S BRIEFINGS A. CIP RETREAT PRE-BRIEFING: BUILDINGS &ASSETS 3:45 PM Brian Delfenthal, Facilities Administrator—Public Works B. CIP RETREAT PRE-BRIEFING: RETREAT FACILITATOR 4:15 PM Julie Brenman, Chief Operating Officer—Fountainworks Kevin Chatellier, Director—Budget III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION—Reverend Doug Sasser Pastor, Haygood United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. SPECIAL FORMAL SESSION November 26, 2024 2. FORMAL SESSION November 26,2024 3. INFORMAL AND FORMAL SESSIONS December 3, 2024 H. MAYOR'S PRESENTATION 1. RESOLUTION — Princess Anne Independent News John-Henry Doucette �T11A BE'A� v 4f Cf � 6 M RESOLUTION WHEREAS: The Princess Anne Independent News,a community newspaper based in rural Virginia Beach,has faithfully served the communities of Virginia Beach and nearby areas since its inaugural publication on April 24, 2015,providing invaluable local news,opinion,and photography about public affairs and community life;and WHEREAS: The Princess Anne Independent News was founded by John-Henry Doucette,a distinguished journalist and U.S. Navy veteran,who established the newspaper through Pungo Publishing Co.,LLC, to address the decline in journalism during the digital age and to elevate the level of local reporting;and WHEREAS:For nearly a decade, The Princess Anne Independent News has maintained a rigorous publishing schedule of twenty-five editions per year and expanded its distribution network to include Kempsville, the Oceanfront and areas of the central city,growing its biweekly circulation from approximately 3,700 to over 6,300 copies per edition,and offering free access to readers while being sustained entirely through advertising revenue;and WHEREAS: The newspaper has pursued a mission of engaging citizens in civic life,community, and culture by delivering news of interest to the people of Virginia Beach,fostering open dialogue,and providing a platform for diverse ideas and perspectives;and WHEREAS:Amid the decline of legacy local media, The Princess Anne Independent News has expanded its public affairs coverage to include critical topics such as local elections, campaign finance, land use,recurrent flooding,and changes to Virginia Beach's voting system,offering in-depth analysis and annual nonpartisan voter guides to inform and empower the electorate;and WHEREAS: The newspaper has been recognized for its commitment to diversity,civic responsibility,freedom of expression, open government,and strong communities, with a particular focus on agriculture and rural life,earning accolades from the Virginia Press Association, Virginia Beach Frrellence in Agriculture Committee,and the Virginia Farm Bureau Federation; and WHEREAS: The Princess Anne Independent News has been a collaborative endeavor, with contributors from talented writers, editors,designers,and photographers, including, Glen Mason,Michael Kennedy,Dr.Karen Beardslee Kwasny,Jim Roberts, Jane Bloodworth Rowe,Dennis Hartig,John Wilson, Charles Apple, Cortney Morse Doucette,Rick Friday,and David B. Hollingsworth, whose collective work has enriched the publication's content and impact;and WHEREAS:In 2022, the newspaper furthered its commitment to community engagement by publishing a book on sustainable farming and gardening,reflecting its deep connection to rural life and stewardship;and WHEREAS:After nearly a decade of exemplary service to Virginia Beach and its communities, The Princess Anne Independent News has announced it will produce its final print edition on December 15,2024, leaving behind a legacy of journalistic excellence and civic engagement;and NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:That the Virginia Beach City Council formally honors The Princess Anne Independent News for its extraordinary contributions to journalism,its unwavering dedication to serving the people of Virginia Beach, and its role in fostering an informed and engaged citizenry. Given by the Council of the City of Virginia Beach, Virginia the 10th day of December 2024 and present this Resolution duly signed by each Member of Virginia Beach City Council. V v t r•� r� �j� Council Member Michael F.Berlucchi (ounc�mber Barbara M. nl Council David Hutcheson - //��,�,,� eY CJtmcll Member Robert W. "Worth" Council Member Dr.Amelia Ross- ounci tember Jennifer V.Rouse Remick Hammond e1 t� Council Member Joashua F.Schulman Council Menrr Chris Taylor Council Member Sabrina D.Wooten 4/(444, Vice Mayor 1G/sensory Wilson Mayor Robert t "Bobb yer I. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE OF CITY PROPERTY 1.54 +/- acre property & 16, 500 +/- square foot structure and all other improvements located at 2656 Lishell Place 2. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 3.18 acres of City-owned property located at the intersection of Princess Anne Road and Community College Place _ 4 DECLARATION AND CONVEYANCE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 10,2024 at 6:00 p.m.,in the Council Chamber,City Hall Bldg. 1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the 1.54 +/-acre property located at 2656 Lishelle Place, including a 16,500+/- square foot structure and all other improvements thereon (GPIN: 149654-4149), should be declared excess of the City's needs and conveyed to the City of Virginia Beach Development Authority for economic development purposes. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711. Any questions concerning this matter should be directed to the Department of Economic Development, Attn: Paige Fox, 4525 Main Street,Suite 700, Virginia Beach, VA 23462, (757)385-6464,ecdev@vbdev.com. If you wish to make comments virtually during the public hearing. please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on December 10,2024. 2. Download WebEx and view the meeting at: httos V/vbgov.we bex.corn/wb bl ink/register/r87167 7402k 469793e1cdc16ead543733 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-12/1/24 u any ` �`t l CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance 1) Declaring the City-owned Property at 2656 Lishelle Place in Excess of the City's Needs and 2) Authorizing the City Manager to Transfer the Property to the City of Virginia Beach Development Authority PUBLIC HEARING: December 10, 2024 MEETING DATE: January 7, 2025 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired property located at 2656 Lishelle Place (GPIN: 1496-54-4149) (the "Property") to eliminate a 150-person call center. The Property is currently zoned 11. Since 2008, the City's Department of Economic Development has marketed the Property in an attempt to secure a party to operate at the Property with a compatible use under the City Zoning Ordinance. City staff has been working with representatives of the Commonwealth of Virginia (the "Commonwealth") and have identified a potential buyer for the Property. The potential buyer intends to utilize the Property for uses permitted by right under its current zoning. The identity of the potential buyer must remain confidential until the Governor has announced the business expansion and associated incentives from the Commonwealth. The City of Virginia Beach Development Authority ("VBDA") is the development arm of the City and staff recommends that title to the Property be transferred to the VBDA to better facilitate the marketing and negotiation aspects of the potential sale and redevelopment of the Property. Once the terms and conditions of the sale have been agreed upon, the VBDA would vote at a regular or special meeting immediately following the Governor's announcement. The identity of the potential buyer and the terms of the sale would be made public prior to the VBDA's vote. • Considerations: The net proceeds of the sale received by the VBDA, after payment of expenses related to the sale including a broker's commission, would be remitted to the City as set forth below. If a sale does not occur within six (6) months of the transfer to the VBDA, the VBDA would be required to transfer the Property back to the City. • Revenue Restriction: The City acquired the Property with funds through a grant partnership with the Commonwealth. The net proceeds from the sale of the Property received by the VBDA shall be returned to the City, with fifty percent (50%) deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility Traffic Area Conformity and Acquisition II Project, and fifty percent (50%) deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on December 1, 2024, and will be held on December 10, 2024. Public information will also be provided through the normal City Council agenda process. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development \ City Manager:/ ,9j 1 AN ORDINANCE 1) DECLARING THE CITY-OWNED 2 PROPERTY AT 2656 LISHELLE PLACE IN EXCESS 3 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 4 CITY MANAGER TO TRANSFER THE PROPERTY 5 TO THE CITY OF VIRGINIA BEACH DEVELOPMENT 6 AUTHORITY 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted December 9 20, 2005, the City of Virginia Beach (the "City") acquired property located at 2656 10 Lishelle Place (GPIN: 1496-54-4149) (the "Property") to eliminate a 150-person call 11 center; 12 13 WHEREAS, since 2008, the City's Department of Economic Development has 14 marketed the Property in an attempt to secure a party to operate at the Property with a 15 compatible use under the City Zoning Ordinance; 16 17 WHEREAS, City staff has been working with representatives of the 18 Commonwealth of Virginia (the "Commonwealth") and have identified a potential buyer 19 for the Property; 20 21 WHEREAS, the potential buyer intends to utilize the Property for uses permitted 22 by right under its current zoning. 23 24 WHEREAS, the identity of the potential buyer must remain confidential until the 25 Governor has announced the business expansion and associated incentives from the 26 Commonwealth; 27 28 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") was 29 specifically created for the purpose of fostering and stimulating economic development 30 in the City; 31 32 WHEREAS, staff recommends that title to the Property be transferred to the 33 VBDA to better facilitate the marketing and negotiation aspects of the potential sale and 34 redevelopment of the Property; 35 36 WHEREAS, the net proceeds of the sale received by the VBDA would be 37 remitted to the City and appropriated as set forth below; 38 39 WHEREAS, if a sale does not occur within six months of the transfer to the 40 VBDA, the VBDA will be required to transfer the Property back to the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, 44 45 1. That the Property, more particularly described on Exhibit A attached 46 hereto and made a part hereof, is hereby declared to be in excess of the needs of the 47 City of Virginia Beach. 48 2. That City Council, subject to acceptance by the VBDA, authorizes the title 49 to the Property be transferred to the Authority. 50 51 3. That the City Manager, or his designee, is hereby authorized to execute 52 any and all documents to complete such transfer to the VBDA, so long as the 53 documents are in substantial conformity with the Summary of Terms, attached hereto as 54 Exhibit A, and made a part hereof, and such terms, conditions and modifications as may 55 be acceptable to the City Manager and in a form deemed satisfactory by the City 56 Attorney. 57 58 4. That the City Council requests and recommends that the Authority adopt a 59 Resolution accepting the transfer of the Property. 60 61 5. That all net proceeds from the anticipated future sale of the Property 62 received by the VBDA shall be returned to the City, with fifty percent (50%) deposited 63 for appropriation in future Capital Improvement Program capital budgets in Capital 64 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 65 Traffic Area Conformity & Acquisition II Project, and fifty percent (50%) deposited for 66 future payment by the City Manager to refund the Commonwealth's portion in 67 accordance with the grant agreement. 68 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 71 day of __ , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: City Attorney Eco is Development CA16592 1\vbgov.com'DFS1 Applications\CityLawProd\cycom321Wpdocs13021\P019\00224595.DOC R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS TRANSFEROR: City of Virginia Beach TRANSFEREE: City of Virginia Beach Development Authority ("VBDA") PROPERTY: 16,500+/- square feet of space on a 1.5+/- acre lot located at 2656 Lishelle Place (GPIN: 1496-54-4149) PROPOSED USE: VBDA shall accept title to the Property for the purpose of finalizing the sale of the Property to a new compatible user to be identified by the Governor. SPECIAL TERMS: • The net proceeds from any sale shall be returned to the City as follows: o Fifty percent (50%) of the net proceeds will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282 (formerly CIP 9- 059), Oceana Interfacility Traffic Area Conformity and Acquisition II; and o Fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • If the VBDA has not sold the Property within six (6) months of the date the Property is transferred to the VBDA, the VBDA shall transfer title back to the City. . , r /7/ 7 ....... . ,,,, LOCATION MAP / 800-139 / ' eoal4s P soa146 800 137 800149 f m t00-1 35 P f / ' � 770.999 • - _. /�/ \_ ao0-132 aoo-129 aoo-lla r ---f_. P z' �� 800130 a00120 yen Crossing a00-016 � /� 1 J 789-101 East ``\ 4. a�t� 800-125 800-122 \ v / \r' 789-114 r` P � 789103Stat on 800113 L 789-112B Contract 4F\ 800-104/ lyry'f'/ �q 800-007 a00-111789-105 kRzt� 789-109 /�N- C�4 800-109 � 789-107 / \ N /�� r-' TGl Friday's \N. ��.•`. \ \ �/8 / / `�./(:: 7-illen flk -7 P N / 805 /� 833 ",- ,, /// Bingo Center fNi; f 7 d / 831-101 il<\ t \l 25 ..\ / 2984 } N..,.s. ilL 841 ! 649161 / / suVerro / 808 /r t> vaa•n 849-103 aaa ` \ ' ..`.cam�� G 2ABbCM 847-102 \, �f / 847103 ��- 847-101 \\ \ :. 8 ., _-. —ter-- . �. ;;_--- - 851-1( 2902 2656 Lish • 26a0 26�' 21541 ) 2944 2940 2936 2162 "21 e I I e Place 2su 2ao1 851 105 851-107 — (GPIN: 1496-54-4149) 2908 CHERIE DR 2922-o Unerrc UIIVe- CO Jr -----~ ` � ' jai, 2ao 12aa7n 29 u a ' 292a 2a21 2a17 ? 1 291a 711 s904-C, T 1 r: w •.,,, f - _ ©City of Virginia Beach I Map data C OpenStn t J 1'i::" , PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, December 10.2024,at 6:00 p.m.. in the Council Chamber of City Hall - Bldg. 1 at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to Virginia Beach Community Development Corporation: Approx.3.18 acres of land located at the northwest intersection of Princess Anne Road and Community College Place (GPIN: 1485-34-6667) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711(TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Planning Department, Attn: Kathy M. Warren, 2875 Sabre Street. Suite 500,Virginia Beach,Virginia 23452,(757)385-4621. 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 December 10.2024. 2. Download WebEx and view the meeting at: httosv/vbeov.webex.com/web Iin k/register/r87167 7402b46 9793e1cdc16ead543733 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-12/1/24 is Yi (IL N4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 3.18 Acres of City Property Located at the Intersection of Princess Anne Road and Community College Place to be in Excess of the City's Needs and 2) Authorizing the City Manager to Execute an Option Agreement with Virginia Beach Community Development Corporation PUBLIC HEARING: December 10, 2024 MEETING DATE: January 7, 2025 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at the intersection of Princess Anne Road and Community College Place, consisting of approximately 3.18 acres (GPIN: 1485-34-6667) (the "Property"). Virginia Beach Community Development Corporation ("VBCDC") has approached the City with a proposed plan for the development of the Property into a multi-family residential community. VBCDC's development plans include 40-60 units to be reserved for households with income levels at or below 80% of the area median family income as published by HUD (the "Affordable Units"). The plans also include reserving up to 15% of the Affordable Units for persons with mental health diagnoses, along with office space for the local headquarters of the National Alliance on Mental Illness (NAMI) (the "Project"). City staff has negotiated the terms and conditions of an option agreement with VBCDC for the conveyance of the Property, as set forth in the summary of terms attached to the Ordinance as Exhibit A. Once an option agreement is executed, VBCDC could begin the rezoning process and the Low-Income Housing Tax Credit application process with Virginia Housing. • Considerations: The construction of additional affordable housing units in Virginia Beach remains a goal of City Council. By granting the option, VBCDC would be able to pursue financing and move the Project forward. • Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on December 1, 2024, and will be held on December 10, 2024. Public information will also be provided through the normal City Council agenda process. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning & Community Development City Manage 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 3.18 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 COMMUNITY COLLEGE PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 6 MANAGER TO EXECUTE AN OPTION AGREEMENT 7 WITH VIRGINIA BEACH COMMUNITY DEVELOPMENT 8 CORPORATION 9 10 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 11 at the intersection of Princess Anne Road and Community College Place, consisting of 12 approximately 3.18 acres (GPIN: 1485-34-6667) (the "Property"); 13 14 WHEREAS, Virginia Beach Community Development Corporation ("VBCDC") 15 has approached the City with a proposed plan for the development of the Property into 16 a multi-family residential community; 17 18 WHEREAS, VBCDC development plans include 40-60 units to be reserved for 19 households with income levels at or below 80% of the area median family income as 20 published by HUD (the "Affordable Units") and also include reserving up to 15% of the 21 Affordable Units for persons with mental health diagnoses, along with office space for 22 the local headquarters of the National Alliance for Mental Illness (NAMI) (the "Project"); 23 24 WHEREAS, by City staff has negotiated the terms and conditions of an option 25 agreement with VBCDC for the conveyance of the Property, as set forth in the summary 26 of terms attached hereto as Exhibit A. 27 28 WHEREAS, construction of additional affordable housing units in Virginia Beach 29 remains a goal of City Council; and 30 31 WHEREAS, by the City granting the option, VBCDC would be able to pursue 32 financing and move the Project forward. 33 . 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, 36 37 1. That the Property, consisting of approximately 3.18 acres, as more 38 particularly described on Exhibit A attached hereto and made a part hereof, is hereby 39 declared to be in excess of the needs of the City of Virginia Beach. 40 41 2. That the City Manager, or his designee, is hereby authorized to execute 42 an option agreement with VBCDC, and all other documents necessary to complete the 43 conveyance of the Property to the VBCDC, so long as the documents are in substantial 44 conformity with the Summary of Terms, attached hereto as Exhibit A, and made a part 45 hereof, and such terms, conditions and modifications as may be acceptable to the City 46 Manager and in a form deemed satisfactory by the City Attorney. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: C�YAttomeY Community De pment CA16593 Webpov.com1dfsAappifcatlonslcttyMw ycom321wpdcvAd0281p048101006787.doa R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS OPTIONOR: City of Virginia Beach OPTIONEE: Virginia Beach Community Development Corporation ("VBCDC") PROPERTY: Approximately 3.18 acres of unimproved property at the northwest intersection of Princess Anne Road and Community College Place (GPIN: 1485-34-6667), and designated as "AREA 1: 138,933 SQ. FT. OR 3.18946 AC.", as shown on that certain plat recorded as Instrument No. 200408170129811 in the Clerk's Office of the Virginia Beach Circuit Court. PROPOSED PROJECT: VBCDC to construct 40-60 multi-family units for households with income levels at or below 80% of the area median income, with up to 15% of the units reserved for persons with mental health diagnoses. The project will also contain office space for the National Alliance on Mental Illness (NAMI). OPTION TERM: Three (3) years. CONDITIONS TO EXERCISE OF OPTION: a) VBCDC has obtained site plan approval for the Proposed Project; b) VBCDC has agreed to develop and operate the Property in a manner generally consistent with the Proposed Project; and b. VBCDC has agreed to a use restriction for at least thirty (30) years limiting the use of the Property to those contemplated by the Proposed Project. OPTION CONSIDERATION: To promote the construction of affordable units in the City of Virginia Beach, the City will grant the option and agree to the transfer of the Property to VBCDC at no cost if the conditions to exercise the option are met. LOCATION MAP L wi,-out v 4 3848101 3856-107 3821.106 3817.110 7.A 5 P�� m 3818108 3853 5 3821 108 3817-104 HPF 11 4 1 �A BOUVC D R C C. 3836.101 3837-107 ' 1,� 3821-105 C 3836-110 3832-105 c 3825-106 3825-102 3825-110 Approx. 3.18 Acres 3815-101 OR G P I N: 1485-34-6667 3845101 LASALLE 3825-105 3829-101 3845•109 3829-106 AR 3837.101 3833-193 j7 3841.10I 3829-109 AR1h, C�ss.1ti 3841106 '1a 3833.107 3833-110 Cr CUSS tiF R 3811-110 4+ o ti F 0 RO m OE PL • a CO`` tad 01 Jtk, `O�LE�,E Pl = Vis CC u 3813.128 `0 J+N. E V 170M1 3813-121 it. '4 `O p 3809.109 V AR 1711 4C F 3792 A� 113 I4, SS 44, 3809-110 CCSS4 tiFRO 44, J F Ra 3700 P� �Q 3809-108C .'•~ 3809-108 @ 3701 A 4.� Rr+ W 17iFE 3809-105 �÷/ 1/05 101 Aal S y CCf.3105101 F`SSva , hl1'4 W 9112 3800 X. \ ...I } ,3 3709 4O V f1FFANY LN 3725 .41 - 3813 3909 3901 ` .--- .-__ 1761mm —& 1741 ........ o- 6 S •4', J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DISSOLVE the In-House Pharmacy Exploratory Committee (Requested by the City Council) 2. Ordinance to DISSOLVE the Urban Agriculture Advisory Committee (Requested by the City Council) 3. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re the Violet Bank Trail Project, CIP 100558 4. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Domi Deeds 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re My Favorite Charity Events Organization,LLC 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Fight CF Foundation 8. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Kaizen Adaptive Training, Inc. 9. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Aid Another 10. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Healing of the Soul Ministry 11. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re STSTLT, Inc. 12. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Alanton Baycliff Recreation Center, Inc 13. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Powerful Living Ministries 14. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries 15. Ordinance to AMEND Chapter 7, Article III of the City Code re seizure, impound, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the City 16. Ordinance to AMEND the City Code Section 21-230 re traffic calming at Culver Lane 17. Resolution to AUTHORIZE the City Manager to make administrative preparations re Emergency Medical Services compassionate billing program 18. Ordinance to AMEND the 2024 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to execute the amended plan 19. Ordinance to APPROPRIATE $30,531,524 from the FY2023-24 School Reversion Funds to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program (CIP) Requested by the School Board (Deferred from November 19, 2024) ten, ;.lift � ip lsi I 1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) An Ordinance to Dissolve the In-House Pharmacy Exploratory Committee (2) An Ordinance to Dissolve the Urban Agriculture Advisory Committee MEETING DATE: December 10, 2024 • Background: In 2019, the City Council adopted a resolution that created an In- House Pharmacy Exploratory Committee. The committee consisted of two councilmembers and two School Board members and studied the potential benefits and costs of implementing an in-house pharmacy program for City and Virginia Beach Public Schools employees. The committee did not recommend the implementation of an in- house pharmacy. In 2021, the City Council adopted a resolution that established the Urban Agriculture Advisory Committee. Soon afterwards, the councilmember who sponsored that resolution resigned from the Council, and no appointments were made the committee. • Considerations: The attached ordinances will dissolve the two committees. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinances. Requested by the City Council 1 AN ORDINANCE DISSOLVING THE IN-HOUSE 2 PHARMACY EXPLORATORY COMMITTEE 3 BE IT ORAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 The In-House Pharmacy Exploratory Committee is hereby dissolved. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 7 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16364 R-1 December 3, 2024 1 AN ORDINANCE DISSOLVING THE URBAN 2 AGRICULTURE ADVISORY COMMITTEE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 The Urban Agriculture Advisory Committee is hereby dissolved. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 7 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice CA16775 R-1 December 3, 2024 f ;'. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or condemnation, and to update the capital project detail page PUBLIC HEARING DATE: December 3, 2024 MEETING DATE: December 10, 2024 ■ Background: The Violet Bank Trail project [CIP 100558] (the "Project") will provide a 6-foot-wide path connecting the eastern end of the improved portion of Violet Bank Drive (just west of Orkney Drive) to Selwood Drive, as well as a 5-foot-wide concrete sidewalk along the improved portion of Violet Bank Drive from Kittery Drive to the new path. The Project is approximately 0.6 miles long and is located within the existing 50'-wide public right-of-way of Violet Bank Drive, most of which is an unimproved "paper street." This route is a frequently used unimproved footpath through a wooded portion of the paper street along a stormwater ditch and is shown in the City's transportation system as a pedestrian connector. The Violet Bank Drive right-of-way parallels and is about 1,200-feet south of Providence Road, a 2-lane, 35-mph roadway with approximately 14,800 vehicles per day. Providence Road serves as the main connector between its cross streets, but its lack of sidewalks and shoulders and the deep ditches along the roadway make it unsafe for travel by pedestrians and bicyclists. The Project will provide a needed safe and accessible alternate route to Providence Road for pedestrian and bicycle travel. The Project enhances pedestrian and bicycle transportation and ADA accessibility to connect local neighborhoods to several area schools, the Kempsville Recreation Center, the Kempsville Library, shopping centers, and to existing sidewalk networks within the adjacent neighborhoods, including a shared-use path along Indian Lakes Boulevard. The installation of the Project's proposed asphalt path and sidewalk will cause impacts to trees and fences, both within the public right-of-way of Violet Bank Drive and on private property. The root systems of some trees on privately owned property will be compromised by the construction of the Project, requiring their removal. Temporary construction easements will be needed on 14 privately owned parcels for the removal of trees and fences. ■ Considerations: The Project will require temporary construction easements from 14 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. The ordinance also authorizes the update of the capital project detail page to include phases for site acquisition, private utility adjustment, and contingency. The updated detail page is attached to the ordinance. • Public Information: A virtual Citizen Information Meeting was held April 18, 2022 through May 22, 2022. An in-person Citizen Information Meeting was held on March 4, 2024. Public briefings to City Council were held on June 25, 2024, and November 19, 2024. An advertised public hearing was held on December 3, 2024, at which time Council directed that the trail be limited to 6 feet wide. Public notice also will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. • Recommendations: Approval. • Attachments: Ordinance, Project Detail Page, and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: i AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE VIOLET BANK TRAIL PROJECT,CIP 4 100558, EITHER BY AGREEMENT OR 5 CONDEMNATION, AND TO UPDATE THE 6 CAPITAL PROJECT DETAIL PAGE 7 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a io public necessity exists for the construction of this important public project to construct i i sidewalk and public path facilities to provide safer alternative transportation options within 12 the City; to improve public access to schools, the local library and recreation center, and 13 shopping areas; to improve bikeways and trails and roadway connectivity and accessibility; 14 and to improve safety for pedestrians and bicyclists within the City; and for other related 15 public purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA; 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seg., and Title 25.1 of the Code of 23 Virginia of 1950, as amended,of all those certain temporary easements(the"Property"),as 24 shown on the plans entitled "Violet Bank Trail" (the "Project"), and more specifically 25 described on the acquisition plats for the Project (plats and plans collectively referred to as 26 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 27 Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be made 30 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 31 offer to the owners or persons having an interest in said Property. If refused, the City 32 Attorney is hereby authorized to institute, prosecute, and settle or resolve proceedings to 33 condemn said Property. 34 35 Section 3. The capital project detail page for Project No. 100558 is hereby 36 updated to include phases for site acquisition, private utility adjustment, and 37 contingency. The detail page notes the width of the path is six feet. This updated detail 38 page is attached hereto as"Exhibit A.' 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the __day of 41 , 2024. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BLIC WOR S—REAL STATE Cr'Y A RN APPROVED AS TO CONTENT BUDGET AND MANAGEMENT SERVICES CA16590 R-2 11/20/24 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100558 Title:Violet Bank Trail Status: Approved Category: Parks&Recreation I Department: PARKS AND RECREATION Ranking: 0 Project Type Project Location Project Type: New Fadlity Construction/Expansion District: 1 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 1,600,000 1,600,000 0 0 0 0 0 0 0 Description and Scope 'This project will provide a six foot path connecting the eastern end of the improved portion of Violet Bank Drive(just west of Orkney Drive)to Selwood Drive,as well as a 5-foot-wide concrete sidewalk along the improved portion of Violet Bank Drive from Kittery Drive to the new path.The project will be approximately 0.6 miles long.This route is currently a frequently used dirt path with an existing public drainage ditch located in the middle of the right of way.The Violet Bank Drive right of way parallels Providence Road,which is a 2-lane 35-mph roadway with approximately 14,800 vehicles per day.Providence Road lacks sidewalks and shoulders making Violet Bank Drive a viable location for pedestrian facilities.The Violet Bank Trail will be approximately 1,200 feet south of Providence Road. Purpose and Need The Violet Bank Trail project will improve safety and connectivity for pedestrians and cyclists with a paved surface that will comply with the Americans with Disabilities Act(ADA)design guidelines by providing accessible street crossings,a hardened path,sidewalk,and sidewalk ramps.The project will connect to the existing sidewalks in the adjacent neighborhoods allowing pedestrians to reach nearby public schools,commercial areas,and City facilities such as the - Kempsville Library and Kempsville Recreation Center. History and Current Status This project first appeared in the FY 2021-22 CIP.Funding for this project began in FY 2020-21.The City received Transportation Alternatives Set-Aside Program funding of$70,000 in FY 2018-19 and$248,848 in FY 2019-20,which was appropriated in CIP 100119,"City Bikeways and Trails Plan Implementation,"(formerly CIP 4-064).In December 2020,$262,848 in Transportation Alternative Set-Aside Program funding was transferred to this standalone project from CIP 100119. Total TAP funding for this project is S318 848.In FY 2022-23 this oro;ect received S300.000 in a,;.rooriations to date from arious dosed out projects. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount K•mperill• kiddie Site Acauisition 12/24-05/25 146,000 School 'w -e °rCsch . Utility Adjustment 12/24-05/25 20,000 "'a, ` `"9°$C1007 Construction 12/25-02/27 1,289,000 8dnd r i. •Jr°•• �l m • • Contingencies 12/24-02/27 145,000 I . \ % A• '4: '.' - . . : • \ ix• ; N A'iTi 4, i x Total Budgetary Cost Estimate: 1,600,000 I Means of Financing t. i ,`r = it i Funding Subclass Amount p n+.""' .w Local Funding 1,337,152 ' ,. \. 04.Ia•,' 3 Federal Contribution 262,848 i.t9Niri«.me libihif ' 01 ..c011`1!4,_.- ; :rreriin.- ,n ,4,• 111641.4) EXHIBIT .w,...M Total Funding: 1,600,000 a04 GovMax 1 12/4/2024 . • • . . • I - -t. V„A-A. Not . ' 4o. - " . ' /‘ IA F .:. :- . -. .,,. ..„,„,,,,....,_,,,,,_..._ . ,, , • . . , ---, '‘ . 4 r 2617 Ebo V e E9� �Q`il' .. �- tv • 50 ,, friglifsike,+: ll o "'4. #:,oc o,4`s'`17 1 ADMIRATION DRr ~ ��p 4� �� ,� t, S SITE W ■■■ 4,90÷* kU t kt, � _ i I ratigilIN " s.-r�MICH wUn WIT �,Rx� AVEr ��' � q�l, NIIIPINtsr,5 411/1;1,01-4t. 4L„ '��y tsiitoet-in IMM 44: j ' - _ jSTGAIDNE CTi' .0;4', --.1 iniilimmon . ins VIE l-� Q- G i avra k.A. &.,, -‘, Ill 11111 MIN .. 11/ ir ■ cliA ONTIDRa40" "ft 4 v PROVIDENCE RD �� 'Anil ..../ �" Egg EN - ME is ' 011111 ,-,_,:ii ,---, ail il osiduno m. 1 . f-.I tIrR.JIvII/?Ii iVIMIM IiIIIM rI"t 4I reAicA1.Maa1E.2ndl,1t l.—mli.am.i.i,N naarn ial,t al. � . min E 0 ■ -�■■ I i NiNmMmMWI,' ,_.-.--,- -lo i - 1EF *b! i--jp i (- ' At "-`7 4 ' . 'rY _ — --- U__ -r. 1--v--. •V E lie', Ilik ,:� tli� tiur'.. ' 4ri) Mit ‘: -' sal .,. g � E �. "gist zir , ,, pr., . , ‘o..., 1,....101,061,,rx:_t.. , . , .. 116..„.41, .. ... .. -r-,..:z444- §veggi- beerp.anisi „..._ , ,, . , i, , , lit ,.._ v. • - . 1zp • , * i,j, -'60- 4,41 etai , , v,' % r � 1,,, Row< / ".t / _� . w ✓ , fit , - , .SG P • ��4164 ,.. ®H jti te►T . 4 `�,:. -, -� � ` p Vri - - Ok. lfe-ectijittiffo,. , Qp;,_ Iploe+t\to.,:, rT‘ '4S4- '....sti '''.fistiALE:, 1 a .� 7 , Ci 1� '�. lir, .XpA.-q„orlikoat, .A fit, _? A* 1;.t.... ..d s 71=-N l Vit t; Yy� P � ��: itfk�aCR � 1 :�;�� G ,�Legend � �. • ' fki►c‘ ` "_• g.c ... • $ PROJECT LIMITS is Violet Bank Trail Project Limits ' 4 0 500 1,000 T VIOLET BANK TRAIL City Property F• Feet CIP# 100558 ,,.r,nrr.6.......,...cc...A.4m ow r.ruit..w a..a r...wi44.1.4 a...r•..w...... 1. 1,_jrt..:54,,,t,,,,:, Fl ezz. ,` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: December 3, 2024 MEETING DATE: December 10, 2024 Background: The Northampton Boulevard and Baker Road Intersection Pedestrian Crossing Improvements Project, CIP 100423.091 (the "Project") was initiated to address pedestrian safety along Northampton Boulevard. Representatives from area civic leagues and neighborhoods have requested pedestrian improvements at this location. The Project will provide new pedestrian crossings, new vehicle and pedestrian signals, ADA- compliant ramps, median refuge, island modifications, curb and gutter, paving, and drainage improvements. The modifications to the curb lines and sidewalks necessitate the acquisition of right-of-way and easements. • Considerations: The Project will require property and/or easements from three (3) privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. Public Information: An advertised public hearing will be held on December 3, 2024, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which could delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 City Manager: 09 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE NORTHAMPTON BOULEVARD AND 4 BAKER ROAD PEDESTRIAN CROSSING 5 IMPROVEMENTS PROJECT, CIP 100423.091, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, the Northampton Boulevard and Baker Road Pedestrian Crossing 11 Improvements Project, CIP 100423.091 (the "Project") is part of the Traffic Safety 12 Improvements IV program for intersections and road segments where minor modifications 13 can increase traffic capacity and safety; and 14 15 WHEREAS, the Project will provide new pedestrian crossings, new vehicle and 16 pedestrian signals, ADA-compliant ramps, median refuge, island modifications, curb and 17 gutter, paving, and drainage improvements; and 18 19 WHEREAS, the Project's modifications to the curb lines and sidewalks necessitate 20 the acquisition of right-of-way and easements; and 21 22 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 23 public necessity exists for the construction of this important transportation Project to provide 24 pedestrian accessibility and traffic safety improvements to improve access to the 25 surrounding areas, for the preservation of the safety, health, peace, good order, comfort 26 and convenience and for the welfare of the people in the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 34 simple, including temporary and permanent easements (the "Property"), as shown on the 35 Project plans entitled"NORTHAMPTON BOULEVARD AND BAKER ROAD PEDESTRIAN 36 CROSSING IMPROVEMENTS OFC 100.423.091" and more particularly described on the 37 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), the 38 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 39 Beach, Virginia. 40 41 Section 2. That the City Manager is hereby authorized to make or cause to be made 42 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 43 offer to the owners or persons having an interest in said Property. If refused, if the property 44 owners are unable to convey clear title, or if the owners cannot be identified or located, the 45 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 46 to condemn to acquire title to the Property. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 4 9 , 2024. CA16551 R-1 10/24/2024 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p050\00966455.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL L ‘ij SUFFICIENCY AND FORM ‘POCWO KS/REAL ESTATE CITY' 21TO EY #11711111r.. ' N 4 ,5 ✓�/ , 46 A: 1 11 }� r W -�-- E 1ii \\N., st.\\. i • '.. . •• •-.. \v-\\\‘\,\4,\.. ,\\\,.\,...„ . ,,. ,e1..5' • •isioif‘.,._ , i :1-it- ,,,,/„A, , .,_ .tr z,,, Ilk. ‘ d//e, 1 Zrzz.,,..• ,IIII 474Pfl':44"i'il,,,,1" Z ,/ .-"/ / ,yt A 7 // . emu'' ✓ , 4 / ., y / / c 4 , # A° \zz 4(./ - ' 114 ' . , _, 111‘.. Ar c I f j > -; / ., z, . * ,....- / i r �, y 0 rift, / '1 i •.. .• . .1,./P 1 Z_go, .. ,,,, 0 .4. • A , 14 A. , „AI, . .. _• ,,- .e.y: er \\ :. - -,,:. 4 ,...,' ,..,.., 'N. -•N 1 1 ,' ._. 4-et , #t \ 410 • < ,r 1 . m • - 4. , i, ,,/v.y . .1 . i 1 : ^ , 8 , . . .. , .. . , . , . _..v, . . _,, Ilhitfr 404 co 0 . r . isopp::\A ' ', , �'rP ti , '^' , —. LOCATION MAP X pF'' / I " - NORTHAMPTON BOULEVARD �� />. A N D -\ �/ / '.• ti' .• E BAKER ROAD PEDESTRIAN ev Legend if I it CROSSING IMPROVEMENTS Project Area s' CIP# 100423.091 / '/ ' ,, \, - Feet City Property r. / ./" Ate• ilk 0 50 100 200 Prepared by P.WJEna/Ena. Support Services Bureau 05/17/2024 ':'a' pie I. • - •-\ARC Files\AGENDA MAPS\CIP 100423\CIP 100423 Aerial mxc � z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, Inc., Aid Another, Healing of the Soul Ministry, STSTLT, Inc., Alanton Baycliff Recreation Center, Inc., Powerful Living Ministries, and Pride Industries as Being Exempt from Local Property Taxation PUBLIC HEARING: December 3, 2024 MEETING DATE: December 10, 2024 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1 . Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received ten applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Alanton Baycliff Recreation Center, Inc.) requests exemption from real property taxes. The rest of the applications only seeks exemption from personal property taxes. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items is scheduled for December 3, 2024, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (10); Commissioner of Revenue Summary of the Applications (10); Disclosure Forms (10); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE DOMI DEEDS AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Domi Deeds; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Domi 12 Deeds a charitable organization within the context of§6(a)(6)of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Domi Deeds located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Domi Deeds for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Domi Deeds shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return,or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Domi Deeds shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that Domi Deeds cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Commissioner of the Revenue ne ice CA16692 R-1 November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DOMI DEEDS LOCATION ADDRESS: 223 63rd Street,Virginia Beach VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: NONE SUMMARY OF NONPROFIT BUSINESS ACTIVITY DomiDeeds purpose in to bring people together through an online platform to assist people in the local community who would like to serve or volunteer to help local and national charities at no cost to the public. The online platform will allow people to find volunteer opportunities, as well as donate time to the organizations, and help with events the charities may have upcoming. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessment: 4,150.00 Tax: 66.40 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 18, 2016 OFFICERS/COMPENSATION Jeff Watts Executive Director $0.00 Karen Watts Secretary/Treasurer $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: -__leini)-aci.s._- --- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include n Xi lending/banking institutions and current mortgage holders as applicable) _ ri 4 Legal Services 0 vi Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: 11 I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. _4-64, ! qice, APPLIC T'S SIGNATURE tPRIN NAME D TE� 1 ORDINANCE TO DESIGNATE MY FAVORITE CHARITY 2 EVENTS ORGANIZATION AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to My Favorite Charity Events Organization; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates My 13 Favorite Charity Events Organization, a charitable organization within the context of§6(a)(6)of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by My Favorite Charity Events Organization located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by My Favorite Charity Events Organization for 23 exclusively charitable purposes; 24 25 (b) that each July 1, My Favorite Charity Events Organization shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, My Favorite Charity 31 Events Organization shall file an exemption application with the Commissioner of 32 the Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that My Favorite Charity Events Organization cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner o the evenue tome s Office CA16693 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: MY FAVORITE CHARITY EVENTS ORGANIZATION, LLC LOCATION ADDRESS: 1200 Mediterranean Ave, Virginia Beach, VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.myfavoritecharityevents.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Our charity is unique in that we are a local charity with very specific programs and work directly with the school and provide very focused support rather than generic support provided by many charities.This is impactful because the children are receiving the precise instruction,they need in math to build math fundamentals and ultimately either pass or show progress on the SOL assessments and the children receive Christmas gifts that they really have asked Santa for. They accomplish their mission two ways,academically through free mathematics tutoring programs, and humanitarianly through the Christmas for Kips program. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 2,091.00 Tax: $33.46 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 15, 2022 OFFICERS/COMPENSATION Alberta S. Valli Director $0.00 Robert L. Valli,Jr. Vice President/Secretary $0.00 Vanessa Abbot Officer $0.00 Bryson Turner Chairman $0.00 Jessica Lin Officer/Director $0.00 Jess Web Officer/Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ulL1?�r rtrJ � © AAiiz_friiOtJ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE 1 [PROVIDER (use additional sheets if needed) rg Accounting and/or preparer of your tax return Financial Services (include i rJ5 ' tILC 17"w?)OA/ lending/banking institutions and g30 GR• ri6iele4. Cr2c/,e; current mortgage holders as C+�eSCcP }lc - applicable) a3.3.2 J Legal Services irs Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. • \ /}c_/.r4 7/ i. S. i)tii APPLICANT'S SIG ATURF PRINT NAME DATE 1 ORDINANCE TO DESIGNATE FIGHT CF FOUNDATION AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Fight CF Foundation; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Fight CF 12 Foundation a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Fight CF Foundation located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Fight CF Foundation for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Fight CF Foundation shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1,2027, Fight CF Foundation shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Fight CF Foundation cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IENCY: Commissioner of the Revenue ttorney's Office CA16694 R-1/November 15, 2024 COVER SHEET PJK ENTITY NAME: FIGHT CF FOUNDATION LOCATION ADDRESS: 1832 Clifton Bridge Drive, Virginia Beach,VA 23456 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.fightcffoundation.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Fight CF Foundation is a nonprofit organization dedicated to taking the fight to cystic fibrosis in Hampton Roads,VA. Fight CF funds critical research needed to develop life-sustaining medication and treatments for cystic fibrosis on the road to a cure. Fight CF also provides needed assistance to qualifying CF patients in Hampton Roads through our two local CF Care Centers at Children's Hospital of the King's Daughters and Naval Medical Center, Portsmouth. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 3,136.00 Tax: $50.18 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 8,2023 OFFICERS/COMPENSATION Chris Hutcheson Board President $0.00 Laura Lumagui Board VP $0.00 Molly Hundley Board Secretary $0.00 Shannon Townsend Board Treasurer $0.00 Josh Taylor Executive Director $0.00 Morgan Lucas Marketing& Development Dir $0.00 Sam Rapoport Fundraising Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: l�,ifT Cr C=O ,ti7c�h! SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service YES NO 1 I SERVICE PROVIDER (use additional sheets if needed) I Accounting and/or preparer ofp969ffc--L. ) your tax return Financial Services (include D lending/banking institutions and 10wK'E43 ' current mortgage holders as co-tap fSAUltiE)75) a licable) _ _ _ di D Legal Services LA.412-A' (AMA&U I , -TO I / I D �j Broker/Contractor/Engineer/Other Service Providers I I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it;' changes prior to the Council action upon this Application. -(Z-- -___ V-------- ---- APPLICANT'S SIGNATURE PRINT NAME DATE i 1 ORDINANCE TO DESIGNATE KAIZEN ADAPTIVE 2 TRAINING, INC. AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Kaizen Adaptive Training, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kaizen 13 Adaptive Training, Inc. a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Kaizen Adaptive Training, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Kaizen Adaptive Training, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Kaizen Adaptive Training, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1,2027, Kaizen Adaptive Training, 31 Inc. shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d)that Kaizen Adaptive Training, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENCY: Commissioner of the Revenue Attorney's Office CA16695 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: KAIZEN ADAPTIVE TRAINING< INC LOCATION ADDRESS: 529 Virginia Beach Blvd#C, Virginia Beach, VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.kaizenathleticsvb.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Kaizen Adaptive Training provides an all-inclusive training facility for individuals with long-term physical or traumatic impairments (visible/invisible) through movement and community. We make fitness training accessible and for everyone regardless of ability. It is a honor to serve our wounded warriors, veterans, first responders, law enforcement officers, and our adaptive community. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 37,686.00 Tax: $602.98 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 19, 2022 OFFICERS/COMPENSATION Emily Kramer Throckmorton President 8,640.00 Lee Throckmorton Secretary $0.00 Diane Moritz Treasurer $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _140101 J Ae ?i _.1 rtvn ,ri , Inc.. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Ef Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and / current mortgage holders as applicable) n Legal Services CI I Y Broker/Contractor/Engineer/Other Service Providers -w CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ___ -------k _ APPL NT'S SIGNATURE rni( kainc'" RINT-ME ii(/{tri it. a t DATE Atv-i- 23 1 ORDINANCE TO DESIGNATE AID ANOTHER AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Aid Another; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aid 12 Another a charitable organization within the context of§ 6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Aid Another located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Aid Another for exclusively charitable purposes; 22 23 (b) that each July 1, Aid Another shall file with the Commissioner of the Revenue a 24 copy of its most recent federal income tax return, or if no such return is required, 25 it shall certify its continuing tax exempt status to the Commissioner of the 26 Revenue; 27 28 (c) that every three years, beginning on January 1, 2027, Aid Another shall file an 29 exemption application with the Commissioner of the Revenue as a requirement 30 for retention of the exempt status of the property; and 31 32 (d) that Aid Another cooperate fully with the Commissioner of the Revenue with 33 respect to audit of its financial records and compliance with the terms of this 34 ordinance. 35 36 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL (SUFFI NCY: ___ Z.,_..a. '‘)/ Commissioner of the Revenue orney's Office CA16696 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: AID ANOTHER LOCATION ADDRESS: 3509 Virginia Beach Blvd, Virginia Beach VA 23452 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.aidanother.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Promote and empower the unique talents and visions of individuals with a disability. Aid Another provides inclusive educational, cultural, and recreational programs that are designed to reduce isolation and enhance social settings. Aid Another completes this mission through an array of programs that include,dance development, art education, social club, and athletics. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 1,445.00 Tax: $23.12 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 15, 2021 OFFICERS/COMPENSATION Alex Brown President $0.00 Ryan Ross Treasurer $0.00 Jessie Molinary Secretary $0.00 Angellica Schulman Vice Pres $0.00 Christopher Owens Director at Large $0.00 Christine Ross Director $65,000.00 Samara Williams Director at Large $0.00 Bree Jensen COO $36,000.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __Aid Another SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: [YES NO SERVICE [PROVIDER (use additional sheets if needed) X n Accounting and/or preparer of The ARK Team your tax return Lilly Mbinglo Financial Services (include Towne Bank X n lending/banking institutions and Truist current mortgage holders as applicable) ❑ X Legal Services ❑ X Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 6. R644, Christine Ross 10/8/24 APPLICANTS SIGNATURE I PRINT NAME ! DATE 1 ORDINANCE TO DESIGNATE HEALING OF THE SOUL 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Healing of the Soul Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Healing of 13 the Soul Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Healing of the Soul Ministry located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Healing of the Soul Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Healing of the Soul Ministry shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Healing of the Soul 31 Ministry shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Healing of the Soul Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL F I ENCY: C/ Commissioner of the Revenue orney's Office CA16697 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: HEALING OF THE SOUL MINISTRY LOCATION ADDRESS: 1077 Charity Drive, Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.ministry4soulhealing.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY HOSM is a religious organization operating as a para church organization whose goat is to provide religious training and understanding. HOSM provides virtual Christian ministry and prayer counseling sessions to address and bring healing to those with wounded hearts, childhood and other underlying emotional hurts, and relationship disappointments. Ministry services are provided at an affordable fee for a defined length of time, with all recipients being charged the same fee. The goal is to help people and to heal souls, not financial gain. The fees charged and fund raised are to cover the expenses of the organization. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 2,927.50 Tax: $46.84 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 11, 2022 OFFICERS/COMPENSATION Rosalind Marie Stanley President $40% per Session $115.00 Arthur Stanley Chaplin $0.00 Judy Lassiter Secretary $40% per Session $115.00 Ashley Dominguez Treasurer $0.00 Melissa Peele Director $0.00 DISCLOSURE STATEMENT FORM 40. The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / AP ' LICANT DISCLOSURE Organization name: t'/, 31/14106gti SECTION 2. SERVIC DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) IR Accounting and/or preparer of your tax return Financial Services (include /r lending/banking institutions and current mortgage holders as a. •licable) /) Legal Services El A Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chan prior to the Council action upon this Application. APPLIC NT'S SIGNATURE PR NAME D E 1 ORDINANCE TO DESIGNATE STSTLT, INC. AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to STSTLT, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates STSTLT, 12 Inc. a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by STSTLT, Inc. located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by STSTLT, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, STSTLT, Inc. shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return,or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, STSTLT, Inc. shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that STSTLT, Inc. cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP D AS TO LEGAL FFICIE CY: Commissioner of the Revenue i ney's ffice CA16698 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: STSTLT, INC LOCATION ADDRESS: 2104 Thoroughgood Rd, Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: NONE—Facebook Only SUMMARY OF NONPROFIT BUSINESS ACTIVITY To promote the health of the Hampton Roads, Northeastern North Carolina, and the Eastern Shore of Virginia's feral cat population and reduce the instances of euthanasia by, assisting cat colony caretaker with fundraising for spay/neuter operations. Provide funding for spay/neuter operations to cat owners who cannot afford to do so themselves, and advocate for the use of spayed/neutered cats as companion animals for the elderly or disabled. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 1,627.00 Tax: $26.03 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 11, 2023 OFFICERS/COMPENSATION N. Lynn Nelson President $0.00 Ruth Crenin Vice President $0.00 Renee Rice Treasurer $0.00 Brittany Coutcher Secretary $0.00 Helen Putre Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SJSILT SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if boa��.,, needed) b Accounting and/or preparer of E c1 Co • your tax return ' Financial Services (include '1.Q,, ` ,N L p lending/banking institutions and 1 Fw current mortgage holders as applicable) ,jg Legal Services ' 4 G- i (►� D Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ()Lk': I `APPLI ANT'SURE IN NAME DATE 1 ORDINANCE TO DESIGNATE ALANTON BAYCLIFF 2 RECREATION CENTER, INC. AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Alanton Baycliff Recreation Center, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Alanton 13 Baycliff Recreation Center, Inc. a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Alanton Baycliff Recreation Center, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Alanton Baycliff Recreation Center, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Alanton Baycliff Recreation Center, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Alanton Baycliff 31 Recreation Center, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Alanton Baycliff Recreation Center, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be July 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: AP ED AS TO LEGAL FFICI CY: ommissioner of the evenue City ey s Office CA16699 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: ALANTON BAYCLIFF RECREATION CENTER, INC LOCATION ADDRESS: 1500 Stephens Road,Virginia Beach VA 23454 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.abrcpooi.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Neighborhood social club who operates a neighborhood pool, supports a community swim team and well as other neighborhood events for local charities. TAX IMPACT Real Property Parcel Assessment: 824,300.00 Tax: $7,995.72 Business Property Assessment: 283,490.00 Tax: $4,535.84 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 7 status—April 2002 OFFICERS/COMPENSATION Steve Brown President $0.00 Erik Grossgold Vice President $0.00 Craig Reed Treasurer $0.00 Joy Messie Director-Membership $0.00 Brian Walinski Director-Buildings/Grounds $0.00 James Cunningham Director-Social $0.00 Jenny Halverson Media Coordinator $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: . ct•# gttrc. 14,. C SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) RIAccounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) n Er Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. C� w Roe,. � 7 1'Z4 APPLIICANT'SS SIG RE j PRINT NAME DATE C./ 1 AN ORDINANCE TO DESIGNATE POWERFUL LIVING 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Powerful Living Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Powerful 13 Living Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Powerful Living Ministry located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Powerful Living Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Powerful Living Ministry shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Powerful Living Ministry 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Powerful Living Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: PRO D AS TO LEGAL S FFICIE C : / .0 .: ; d_ / ' Commissioner of the Revenue ttorney's Office CA16772 R-1 November 21, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: POWERFUL LIVING MINISTRY LOCATION ADDRESS: 2933 Dante Place, Virginia Beach VA 23453 SCC STATUS: Active as of 11/12/2024 WEBSITE: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Powerful Living Ministry's purpose is to train men and women for work of Ministry and local missions. To provide outreach to the homeless, youth, military, and prisoners. Provide religious training to students enrolled in the school and send literature to prisoners and youth detention homes. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 415.00 Tax: $6.56 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 29, 2021 OFFICERS/COMPENSATION Sharon Cason President $3,300.00 Lucille Turner Vice Pres/Treasurer $0.00 Jeneen Johnson Secretary $0.00 Angelo Cason Chairman $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE g nc. M"\l'ilP - Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES i NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of your tax return ,, Financial Services (include lending/banking institutions and current mortgage holders as -- a licable) Iru.\s V 12 Legal Services 0 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE PRIDE INDUSTRIES AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Pride Industries; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Pride 12 Industries a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Pride Industries located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Pride Industries for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Pride Industries shall file with the Commissioner of the Revenue 25 a copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner of 27 the Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Pride Industries shall file 30 an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Pride Industries cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Commissioner of the Revenue ttorney's ffice CA16769 R-1 November 19, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PRIDE INDSTRIES LOCATION ADDRESS: 813 S Independence Blvd #A3,Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.prideindustries.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Operates a workforce inclusion office in Virginia Beach to serve people with disabilities, within Pride's operations and with our business partners in the community. Pride currently provides space at the business partner's location to store janitorial equipment and service contracts. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 206,174.00 Tax: $3,298.78 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—July 2000 OFFICERS/COMPENSATION Jeff Derm President/CEO $536,341 Casey Blake COO $0.00 Charles Sharp CEO $154,373 Tina Oliveira Secretary $213,363 Robert Olsen Director $0.00 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: PRIDE Industries SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n fit' Accounting and/or preparer of �,�1 your tax return Financial Services (include 2) lending/banking institutions and current mortgage holders as • applicable) ri g Legal Services Broker/Contractor/Engineer/Other 4�! Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Stephanie Goin 1 t� '�12 APPLICANT'S SIGNATURE ( / PRINT NAME DATE t' Original Proposal ,Stare�NU►•D�re /1�:- z x . Yr Ii IYI CityCouncil Policy , Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 + 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical,benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the Property. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: t Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on forms) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. • 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Artide 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. if the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive (. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code 658.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. • - i Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. r,,emu•AL.,, ` '�'A--i G� Sf 1 I, ,"t,S r .�,:w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 7, Article III of the City Code, Pertaining to the Seizure, Impounding, and Disposition of an Unlawfully Operated All-Terrain Vehicle or Off-Road Motorcycle Operated on a Highway or Sidewalk within the Boundaries of the City MEETING DATE: December 10, 2024 • Background: Chapters 436 and 510 of the 2024 Acts of Assembly authorize a governing body to adopt an ordinance to provide for the lawful seizure, impounding, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the boundaries of such city. The City has experienced an increase in incidents wherein groups of all-terrain vehicle and/or off-road motorcycles traverse neighborhood streets. Whether individually or in groups, the unlawful operation of all-terrain vehicles and off-road motorcycles present a danger to the health and safety of the residents of the City. • Considerations: The attached ordinance is built upon examples of other jurisdictions using the enabling legislation described above. The process allows for the seizure and impoundment of unlawfully operated all-terrain vehicles and off-road motorcycles pending disposition. Forfeited property can be retained by the City, sold, or destroyed in accordance with statutory processes. • 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: Police Department ii..) City Manager: e 1 AN ORDINANCE TO AMEND CHAPTER 7, ARTICLE III OF 2 THE CITY CODE, PERTAINING TO THE SEIZURE, 3 IMPOUNDING, AND DISPOSITION OF AN UNLAWFULLY 4 OPERATED ALL-TERRAIN VEHICLE OR OFF-ROAD 5 MOTORCYCLE OPERATED ON A HIGHWAY OR 6 SIDEWALK WITHIN THE BOUNDARIES OF THE CITY 7 8 SECTIONS ADDED: §§ 7-46 and -47 9 10 WHEREAS, Chapters 436 and 510 of the 2024 Acts of Assembly authorize a 11 governing body to adopt an ordinance to provide for the lawful seizure, impounding, and 12 disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated 13 on a highway of sidewalk within the boundaries of such city; 14 15 WHEREAS, the City Council finds that the unlawful operation of an all-terrain 16 vehicle or an off-road motorcycle presents a danger to the health and safety of the 17 residents of the City; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 That the Code of the City of Virginia Beach, Virginia, are hereby amended and 23 reordained to add the following Sections 7-46 and 7-47: 24 25 Sec. 7-46. Seizure of an Unlawfully Operated All-Terrain Vehicle or Off-Road 26 Motorcycle. 27 Any law-enforcement officer who charges any person with operating an all-terrain 28 vehicle or off-road motorcycle in an unlawful manner on a street, highway, sidewalk. or 29 other public way within the city, may seize and impound the unlawfully operated all-terrain 30 vehicle or off-road motorcycle pending disposition of the case or a final court order 31 regarding forfeiture. 32 33 Sec. 7-47. Forfeiture and Disposition. 34 (a) Any all-terrain vehicle or off-road motorcycle operated in an unlawful manner 35 on a street. highway. sidewalk, or other public way within the city that is 36 lawfully seized and impounded pursuant to Sec. 7-46 or that lawfully comes 37 into such officer's custody shall be subject to forfeiture to the city. 38 (b) The city attorney or their designee may institute forfeiture proceedings in the 39 name of the City of Virginia Beach using the procedures prescribed for 40 forfeiture proceedings by the Commonwealth contained in Chapter 22.1 (§ 41 19.2-386.1 et seq.) of the Virginia Code. 42 (c) If the forfeiture is established. the property shall be condemned as forfeited 43 to the city and may be retained for use by the city, sold, or destroyed in 44 accordance with the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) and 45 Chapter 22.2 (§ 19.2-386.15 et seq.) of the Virginia Code. as amended. 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. U6(Y1,,061 Police apartment Office off he City Attorney CA16519 R-2 November 25, 2024 [ rriOni% irry..... )45i ;: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: December 10, 2024 • Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of$200. • Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Culver Lane in the Ocean Lakes/Culver Acres neighborhood. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance; map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager:A-0 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14)Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police De rtment City s Office APPROVED AS TO CONTENT: Public Works CA18773 R-1 November 22,2024 Neighborhoods Participating N In Phase III Of The Traffic Calming Program, w �� Ordinance 2619 s 'Baylake Pine'I Baylake Beach Broad Bay Road anent,. Sayville Park l t 1 Church PoInt l \ rayclitt'i p y� �� Pinewood Rd. lilleolie_ Kings Grantl Birdneck Point Oxford ant Kings Grant/ L 6 J Gardens Little Edi Neck to/ iii Edinburgh Milburn Manor -� i Q t vsKa1� Mediterranean Ave iiiik. WQ yraG�v..BE aCN I,zsa � R TP' [441Y Larkspur) "7-4 f Irir. tibil=1:111i, k� it �r Stratford I 8 ilk. Chase Bellamy Manor) �.`, ® �or.M NECK Bo SP Lake James Acretlale Red Mill A Country 4 Haven I �) a� New 4/qt �edn CULVER LN BEAUiAIN BLVD ril -\\\I at'. b L I a 8 e x--CJAWWoodsumic Fia'TMk ca*vane Cab..PmgarnnvE tIR1/ama LNGINELMING �' SUPPORT J, orct...:,;„ Q, F0_ ps'ili CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Make Administrative Preparations for a Compassionate Billing Program for Emergency Medical Services MEETING DATE: December 10, 2024 • Background: On August 16, 2023, the Council of Virginia Beach Volunteer Rescue Squads (Rescue Council), by unanimous vote, approved the commissioning of a third-party study to determine the feasibility and impact of a compassionate Emergency Medical Services (EMS) billing program. There is a need for a sustainable funding source for EMS due to the ever-increasing costs paid by rescue squads to provide services and stagnant, or declining, donor-based revenue. On September 22, 2023, the City Council received an informational staff report providing notification of Rescue Council's efforts to study the feasibility of compassionate EMS billing. This included a September 21, 2023, memo from EMS Chief Stroud providing additional related details and notification of intent to fund half of the study. The Rescue Council selected the firm, AP Triton, to conduct the study and reviewed their analysis and report in July 2024. On August 21 , 2024, the Rescue Council adopted a position of support to pursue the development of a compassionate EMS revenue recovery program. The need to identify an alternative revenue source to help sustain the Virginia Beach EMS system was identified as a priority in the 2024 EMS strategic plan. EMS Chief Jason Stroud presented this to the City Council on September 13, 2024. On November 26, 2024, EMS Chief Jason Stroud presented the findings of the EMS billing study to the City Council along with the position statement of Rescue Council which indicates unanimous support of the ten rescue squads. Following this presentation, the City Council indicated support for staff to continue with preparations for their eventual consideration of a compassionate EMS billing program through the FY 2025-26 budget process. In order to ensure billing could begin as close to the start of the fiscal year as possible, this action will provide EMS the ability to begin administrative work related to the program to ensure a smooth transition at the beginning of the next fiscal year, if approved by the City Council as a part of the adopted budget. As a part of the FY 2025-26 Budget Process, additional information will be provided to the public and the City Council on the specific use of funds including staffing, ambulance procurement, etc. • Considerations: The attached resolution is presented for the City Council's consideration. It authorizes non-binding administrative preparations in advance of the City Council's formal consideration of compassionate EMS billing. Preparations include drafting a memorandum of understanding, incorporating compassionate EMS billing revenue into the City Manager's Proposed FY 2025-26 budget, and preparing authorizing ordinance(s), fee schedule, and related policies. Preparations conducted for compassionate EMS billing will not be binding until approved by the City Council in May 2025 or thereafter. • Public Information: Normal Council Agenda process. This topic was discussed in the November 26, 2024 City Council Workshop. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 MAKE ADMINISTRATIVE PREPARATIONS FOR A 3 COMPASSIONATE BILLING PROGRAM FOR 4 EMERGENCY MEDICAL SERVICES 5 6 WHEREAS, the City is served by dedicated volunteer rescue squad members and 7 career emergency medical providers who together comprise the Virginia Beach 8 Emergency Medical Services (EMS) system; 9 10 WHEREAS, the Virginia Beach EMS system could benefit from additional 11 sustainable funding to provide the needed funding for EMS operating expenses, and to 12 purchase ambulances, medical equipment and related supplies; 13 14 WHEREAS, compassionate EMS billing can be done in such a manner to avoid 15 out-of-pocket expenses for residents; 16 17 WHEREAS, the Council of Virginia Beach Volunteer Rescue Squads, Inc. (Rescue 18 Council) has endorsed the development of a compassionate EMS billing program with 19 the following considerations: 20 1) There be a mutually agreed upon Memorandum of Understanding outlining the 21 governance and terms of a compassionate EMS billing program; 22 2) Revenue generated from compassionate EMS billing is directly reinvested into 23 the Virginia Beach volunteer rescue squads and Department of Emergency 24 Medical Services; 25 3) There be a clear and transparent process, with Rescue Council inclusion, for 26 the administration of a compassionate EMS billing program; and 27 4) The City conducts an appropriate public education and awareness campaign. 28 29 WHEREAS, the City Council desires the City Manager to further explore 30 administrative preparations necessary to implement compassionate billing and to include 31 this possibility in his FY2025-26 Proposed Budget submittal. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA, THAT: 35 36 1) The City Council hereby authorizes the City Manager and, where appropriate, 37 the City Attorney, to initiate administrative preparations for further consideration 38 of a compassionate EMS billing program through the FY2025-26 budget 39 adoption process. 40 41 2) Administrative preparations may include working with the Rescue Council to 42 draft a Memorandum of Understanding for City Council's consideration, 43 incorporating compassionate EMS billing revenue into the City Manager's 44 Proposed FY2025-26 Budget for consideration, and preparation of authorizing 45 ordinance(s), fee schedule and related policies. 46 47 3) The City Manager may authorize City staff to conduct public education and 48 outreach efforts regarding compassionate billing. 49 50 4) The City Manager may authorize City staff to research and engage with third- 51 party EMS billing vendor(s) for consideration following all applicable 52 procurement laws and regulations. 53 54 5) Any preparations conducted for compassionate EMS billing will not be binding 55 and final approval is contingent on City Council's passage of an authorization 56 ordinance or ordinances. Adopted by the City Council of the City of Virginia Beach, Virginia, this 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: r ririf 1:h0) dget and Management Services ttorney's Office CA16771 R-1 November 20, 2024 2 I ,,.:FPc erS iv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the Amended Plan MEETING DATE: December 10, 2024 • Background: The City's Department of Housing and Neighborhood Preservation ("HNP") operates the federally funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program, and (2) an HCV Administrative Plan. The City Council annually reviews and approves these plans. On April 16, 2024, City Council approved an ordinance to adopt the 2024 HCV Annual Agency Plan and Administrative Plan and to authorize the City Manager to execute and submit the plans to HUD. The approved plans were submitted to HUD on April 17, 2024, and implemented July 1 , 2024. HNP has since made minor operational changes to the HCV program. These changes require updates to the Administrative Plan. • Considerations: The HCV Administrative Plan details the policies and procedures that govern the day-to-day operation of the HCV Program. Revisions to the Administrative Plan must be approved by City Council, to be implemented effective January 1, 2025. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Exhibit A: Summary of Administrative Plan Amendments Recommended Action: Approval Submitting Department/Agency: Housing & Neighborhood Preservation City Manager: 2W 1 AN ORDINANCE TO AMEND THE 2024 HOUSING CHOICE 2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE THE AMENDED PLAN 4 5 WHEREAS, the City's Department of Housing and Neighborhood Preservation 6 ("HNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 7 formerly known as the Section 8 Program; 8 9 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 10 requires agencies that operate HCV programs to submit an HCV Administrative Plan, 11 which was previously approved; 12 13 WHEREAS, HNP has made minor operational changes to the HCV program; and 14 15 WHEREAS, HNP proposes edits to the HCV Administrative Plan that are needed 16 to implement the operational changes effective January 1, 2025. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The Administrative Plan amendments for the Housing Choice Voucher Program 22 are hereby approved, provided such amendments conform in all material aspects to the 23 Summary of Amendments attached hereto as Exhibit 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: /7)/64-(4,1: Housing & Nei h orhood Preservation City omey's Office CA16774 R-1 December 3, 2024 EXHIBIT A Executive Summary 2025 Housing Choice Voucher—Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP)operates the city's federal Housing Choice Voucher Program(HCV). The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and sometimes in neighboring cities. The U.S. Department of Housing and Urban Development funds the HCV program. To comply with all Federal requirements for this program,the city must establish policies and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five-Year Provides long-term This plan was developed Agency Plan guidance for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan This plan was developed Plan for the current year, and adopted by the Council consistent with the five-year in 2024. plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54,the VBDHNP must adopt a written administrative plan establishing local policies for administering the(HCV)program per HUD requirements. The City Council must formally adopt the administration plan and make any revisions. This is required because Virginia Beach does not have a housing authority and,therefore, no board of commissioners. The administrative plan states the VBDHNP's policy on matters for which the VBDHNP has the discretion to establish local policies. The plan must comply with HUD regulations and requirements. The Virginia Beach City Council approved the current administrative plan on April 16, 2024, and submitted it to the Department of Housing and Urban Development. 1 EXHIBIT A Executive Summary 2025 Housing Choice Voucher— Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate that the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); • Occupancy policies, including the definition of what group of persons may qualify as a"family," a definition of when a family is considered to be "continuously assisted" (Chapter 3); • How to determine who remains in the program if a family breaks up (Chapter 3); • Providing information about a family to prospective owners (Chapters 3 and 9); • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Any special rules for the use of available funds when HUD provides targeted funding to the DHNP for special purposes (e.g., Mainstream, IDD), including funding for specified families or specified categories of families (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 5); • Subsidy standards (Chapter 5); • The process for establishing and revising voucher payment standards (Chapter 6); • The method of determining reasonable rent to owners (Chapter 8); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 8); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 9); 2 EXHIBIT A Executive Summary 2025 Housing Choice Voucher— Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 9); • Restrictions on the number of moves by a participant family(Chapter 10); • Interim re-determinations of family income and composition (Chapter 11); • Standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse per 982.553 (Chapters 12); • Family absence from the dwelling unit (Chapter 12); • Policies concerning debts owed by families to DHNP (Chapter 12); • Encouraging participation by owners of suitable units located outside of areas of low income (Chapter 13); • Disapproval of owners (Chapter 13); • Informal review procedures for applicants (Chapter 14); • Informal hearing procedures for participants (Chapter 14); • Approval by the City Council or other authorized officials to establish/change the maximum amount that may be charged against the unrestricted net position (UNP) and administrative fee reserve(Chapter 16); Administrative Plan: The staff has developed revisions to the 2024 plan to make the program more efficient and effective; the proposed changes are submitted to be implemented effective January 1, 2025, instead of waiting until the city's fiscal year(July 1, 2025). They are routine changes from year to year to the submitted Administrative Plan. The primary differences between the prior plan and this proposed revision are as follows: • Adding mass media and other electronic/social media as another method to purge the HCV Waiting List and establish how applicants can communicate their continued interest in the program. 3 EXHIBIT A Executive Summary 2025 Housing Choice Voucher—Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 • Added an FYI(Foster Youth Initiative)preference and applicable points as mandated by HUD. • Added a third-party verification to document the legal custody of a minor child in the household. • Added clarifying language regarding the proper documentation and verification of court-awarded child support. • Added language allowing the changing of the applicable payment standard simultaneously as a family composition change(if applicable). • Added annual reexaminations to the actions VBDHNP will not accept from means-tested programs generated income verifications. • Added language, changing the requirement to obtain four(4)paystubs to a minimum of two(2)to document earned income,which is more in line with HUD policy. • / ^r'U •,---I I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital Improvement Program Budget MEETING DATE: December 10, 2024 • Background: The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that policy outlines the process of presenting reversion requests by the VBCPS to the City Council. In accordance with the policy, the Virginia Beach City School Board adopted a Budget Resolution regarding FY 2023-24 Reversion and Revenue Sharing Formula Reconciliation on October 22, 2024. The total amount that the School Board is requesting to be re-appropriated by City Council is $30,531 ,524. At its November 19, 2024, Formal Meeting, the City Council deferred an earlier request to appropriate reversion funds. The concerns regarding the earlier request centered upon the use of $10M to support the Health Insurance Fund. The School Board has adopted a revised reversion resolution on November 26, 2024. This request is as follows: 1. $10,031 ,524 to be re-appropriated to the FY 2024-25 Capital Improvement Program: a. $5,327,022 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds b. $1 ,500,000 in the form of pay-as-you-go funding for project 601020 "Renovations and Replacements — Various Phase III" c. $3,204,502 to be transferred in the form of pay-as-you-go funding for project 601030 "Payroll System Replacement." 2. $20,500,000 to be appropriated to the School Reserve Special Revenue fund to be set aside for capital project 601015 "Princess Anne High School Replacement." • Considerations: While the City Council is not obligated to appropriate reversion funds in the manner requested by the School Board, the City Council has traditionally honored such requests. As one-time funding, the typical use of such funds is capital expenditures, other non-recurring items, and the Schools Reserve Fund. When the School Reserve Special Revenue Fund was established in 2003, this fund was to be limited to 2% of the previous year's School Operating Fund. The current fund balance of the School Reserve Special Revenue Fund is $4.9 million, prior to this appropriation, the addition of $20.5 million will exceed 2% of the previous year's School Operating Fund as the total reserve will be $25.4 million (2.58%). ■ Public Information: Public information will be provided through the normal City Council agenda process. A public hearing was held on November 12, 2024, to comply with requirements for an appropriation of this size. ■ Attachments: Ordinance; Adopted School Board Resolution Recommended by the Virginia Beach City School Board 1 AN ORDINANCE TO APPROPRIATE $30,531 ,524 IN 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 TO THE FY2024-25 OPERATING AND CAPITAL 4 IMPROVEMENT PROGRAM BUDGET 5 6 WHEREAS, The School Board of the City of Virginia Beach adopted an amended 7 Budget Resolution on November 26, 2024; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 $30,531,524 in reversion and revenue sharing funds are hereby appropriated for 13 the following purposes: 14 15 a. $10,031,524 to the FY 2024-25 Capital Improvement Program: 16 • $5,327,022 to be transferred in the form of pay-as-you-go funding with a 17 corresponding reduction in authorized but unissued Public Facility Revenue 18 Bonds 19 • $1,500,000 in the form of pay-as-you-go funding for project 601020 20 "Renovations and Replacements —Various Phase III" 21 • $3,204,502 to be transferred in the form of pay-as-you-go funding for project 22 601030 "Payroll System Replacement;" 23 24 b. $20,500,000 to the School Reserve Special Revenue fund to be set aside for 25 capital project 601025 "Princess Anne High School Replacement." 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: APPRO AS T LEGAL SUFFICIENCY: ( Budget' afi anagement Services ity ttorney's Office CA16675 R-2 November 27, 2024 ti , w� ' VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kimberly A.Melnyk,Chair Jennifer S.Franklin,Vice Chair District 2 District 2—Kempsville Beverly M.Anderson Kathleen J.Brown Michael R.Callan At-Large District 10 District 6 David Culpepper Dr.Alveta J.Green Victoria C.Manning District 8 District 4 _ At-Large Jessica L.Owens Trenace B. Riggs Carolyn D.Weems District 3—Rose Hall District 1-Centerville District 9 Donald E.Robertson,Ph.D.,Superintendent Budget Resolution Regarding FY 2023/24 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 24, 2024, the School Board was presented with a summary of the unaudited financial statements for FY 2023/24 (year-ending June 30, 2024), showing the reversion amount to the city's General fund; and WHEREAS, $16,423,540 is the amount of School Operating reversion funds available(excluding debt service and revenues over/under budget); and WHEREAS,$5,327,022 is the amount remaining in debt service due to the timing of bond sales, increasing the School Operating reversion amount to$21,750,562; and WHEREAS,$9,720,758 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to $31,471,320; and WHEREAS, $176,939 reverted from the Athletics fund and $45,364 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the total amount available for re-appropriation is$31,693,623; and WHEREAS, the city is currently indicating FY 2023/24 revenue under budget of$1,162,099 based on the Revenue Sharing Formula; and WHEREAS,the net funding available for re-appropriation is$30,531,524; and WHEREAS,the Administration recommends the following for the available funds in the amount of $30,531,524: • $10,031,524 to be re-appropriated to the FY 2024/25 Capital Improvement Program - $5,327,022 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 Virginia Beach.Virginia 23456.0038 Lvv✓w.vbschools.com r 17 ITV t f' A�� --- VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2023/24 Reversion and Revenue Sharing Formula Reconciliation (continued) - $1,500,000 to be transferred in the form of pay-as-you-go funding for project 1-020 Renovations and Replacements- Various Phase III - $3,204,502 to be to be transferred in the form of pay-as-you-go funding for project 1- 030 Payroll System Replacement • $20,500,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for project 1-1015 Princess Anne High Replacement NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of reversion funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 26th day of November 2024. 0..1. 0 f.y/A6 %' • A. % :i� \ re, ; Kimberly A. Melnyk, School Board Chair i at �S i •• 4 / 1c; )00 ..... .`�� Attest: Regi M. Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive ' P.O.Box 6038 I Virginia Beach,Virginia 23456 0038 www.vbschools.com L. PLANNING 1. C & C DEVELOPMENT COMPANY, INC., for a Variance to Section 4.4 (c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three (3) single family dwelling units at 6502 Atlantic Avenue and 203 & 205 65th Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI for a Change in Nonconformity re expansion of an existing dwelling at 514 9th Street DISTRICT 5 RECOMMENDATION: APPROVAL 3. SENTARA VIRGINIA BEACH GENERAL HOSPITAL / SENTARA HOSPITALS for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 RECOMMENDATION: APPROVAL 4. SENTARA INDEPENDENCE / MPB INC., for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard DISTRICT 9 RECOMMENDATION: APPROVAL 5. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., for a Modification of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout, for the parcel directly south of 2285 London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. FRANKLIN GROUP COMPANIES, LLC / TAA CORPORATE CENTER OFFICE PROPERTY, LLC, for a Conditional Change of Zoning from B-2 Community Business to Conditional 0-2 Office District and a Conditional Use Permit re housing for seniors & disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 7. TIFFANY COREY-BROWN / FIRST THURSTON, LLC, for a Conditional Use Permit re day-care center at 5701 Thurston Avenue, Suite 103 DISTRICT 4 RECOMMENDATION: APPROVAL 8. JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES / LEI XU for a Conditional Use Permit re short term rental at 903 Pacific Avenue,Unit C DISTRICT 5 RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 9. CHARLES YOUNG / CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit D DISTRICT 5 RECOMMENDATION: APPROVAL 10. LAKEWOOD HOME BUILDERS / MAH INVESTMENTS, LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL t NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, December 10,2024 at 6:00 p.m. In the Council Chamber at City Hall, Building 1,2.Floor at 2401 Courthouse Drive,Virgnia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in- person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 10,2024. 2. Download WebEx and view the meeting at: https://vbkov.webex.com/weblink/regiSter/r871677402t)469793 e1cdcl6ead543733 The following requests are scheduled to be heard: Franklin Group Companies, LLC Property Owner: TM Corporate Center Office Property LLC Conditional Rezoning(B-2 Community Business to Conditional 0-2 Office District),Conditional Use Permit(Housing for Seniors & Disabled Persons), & Subdivision Variance (Section 4.4(b) of the Subdivision Regulations), Address: Portion of 5366 Virginia Beach Boulevard GPIN: Portion of 1467680155 City Council: District 4(Ross- Hammond) Lakewood Home Builders Property Owner: MAH Investments LLC Conditional Use Permit(Indoor Recreation Facility)Address:2000 Virginia Beach Boulevard GPIN:2407369317 City Council:District 6(Remick) JD Enterprises VA,LLC DBA Atlantic Rental Homes Property Owner:Lei Xu Conditional Use Permit(Short Term Rental)Address:903 Pacific Ave,Unit C GPIN:24272444110970 City Council:District 5(Wilson) Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Change in Nonconformity Address:514 9th Street GPIN:2427039916 City Council:District 5(Wilson) Grace Bible Church of Virginia Beach Inc. Property Owner: Grace Bible Church of Virginia Beach Inc.Modification of Conditions Address:Parcel directly south of 2285 London Bridge Road GPIN:24057002970000 City Council:District 5(Wilson) Charles Young Property Owner:Charles A Young Conditional Use Permit (Short Term Rental) Address: 933 Pacific Avenue. Unit D GPIN: 24272444111215 eft/Council:District 5(Wilson) Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit(Day-care Center)Address:5701 Thurston Avenue,Suite 103 GPIN: 1469037279 City Council:District 4(Ross-Hammond) Sentara Virginia Beach General Hospital Property Owner:Sentara Hospitals Change in Nonconformity Address: 1060 First Colonial Road GPIN: 2408633987 City Council:District 6(Remick) Sentara Independence Property Owner:MPB INC Change in Nonconformity Address:800 Independence Boulevard GPIN:1478548255 City Council: District 9(Schulman) C and C Development Company Property Owner:C And C Development Co Inc Subdivision Variance(4.4(c)(1))Address:6502 Atlantic Avenue,203& 205 65th Street GPIN:2419731540 City Council:District 6(Remick) Copies of the proposed plans, ordinances. amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach,VA 23452 or online at https://virginiabeach.gov/pc.For information call 757- 385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. PILOT-NOVEMBER 26,2024&DECEMBER 3,2024-1 TIME EACH . SWOP' iRW ' 13 ‘rt.,0 \1 :3' 0 ` R5R(NE) 0 \ `,� R5R(NE) R5R(NE) R5R(NE) CD \ \ 4 /5R \ % \ �� illk, —Street 65th Stree — 65th R5R 'NE \ vr (�1, ) E) R5R(N R5.R(NE,) R5R(NE) �' A \ 1 *111 co • C and C Development Company W , � :F Site 6502 Atlantic Avenue, s Property Polygons 603 & 605 65th Street Zoning m Feet Building 012.55 50 75 100 125 150 "Hu % s. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: C AND C DEVELOPMENT COMPANY, INC. [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4(c)(1) of the Subdivision Regulations) for the property located at 6502 Atlantic Avenue and 203 & 205 65th Street (GPIN 2419731540). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024 • Background: The applicant intends to subdivide the 15,000 square foot site into three lots for the construction of three single-family dwellings. The subject property consists of two 7,500 square foot lots, which were legally created, and contains two existing duplexes for a total of four dwelling units. The property is zoned R-5R Residential District, which requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet for single-family dwellings. The three proposed lots meet these dimensional standards; however, Section 4.4(c)(1) of the Subdivision Regulations requires that "corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance for interior lots in the district." Since the proposed corner lot is required to have a minimum width of 60 feet, a Subdivision Variance is required to allow for a width of 50 feet. • Considerations: The existing lots are currently developed with two legally non-conforming duplexes. In the R-5R Zoning District, duplexes require a minimum lot area of 10,000 while single-family residences require a minimum lot area of 5,000 square feet. The proposal for the three single-family dwellings, requiring 15,000 square feet, would be more conforming with regards to lot area than the existing two duplexes, which would typically require 20,000 square feet of total lot area. The two proposed interior lots will meet the dimensional requirements of the Ordinance entirely, while the proposed corner lot will only be deficient in lot width. The existing corner lot, "Lot 6," however, also does not meet this standard and is 50 feet wide — the same as the proposed corner lot of this application. Every lot created under the plat entitled "Subdivision of Cape Henry, Section — E" which was recorded in the early 1900s, was 50 feet in width, so this would not be out of character with the neighborhood, nor would it represent a greater nonconformity above current conditions. The property can construct two duplexes by-right, or four single-family detached dwellings under the provisions of the North End Overlay District. This proposal would decrease the potential density and allow for the recommendation of conditions to address the high impervious surface coverage and stormwater drainage issues of the area. C and C Development Company, Inc. Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One letter of support and one letter of opposition were received for this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to O. 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, "6502 Residential Subdivision", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve-foot (12') wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. C and C Development Company, Inc. Page 3of3 Submitting Department/Agency: Planning Department City Manager: Agenda Item 12 Applicant & Property Owner: C and C Development Company, Inc. Planning Commission Public Hearing: November 13, 2024VB City Council District: District 6 (Remick) Project Details Request Subdivision Variance (Variance to Section 4.4(c)(1) - of the Subdivision Regulations) Bocrtek • Staff Recommendation Approval - 61 Staff Planner ell Aubrey A. Trebilcock r Location 6502 Atlantic Avenue, 203 & 205 65th Street ' Ill GPIN 0114fr." t • - 2419731540 • Site Size ems" S m ' 15,000 square feet 14 _ `� ,fit s-` AICUZ • Less than 65 dB DNL Watershed '° a e•`•$ Atlantic Ocean '� 41, Existing Land Use and Zoning District ... 1 : i Duplexes/ R-5R Residential 1 ��`•J`'. ,_ "f--z'• :AL Is ` _. q' Surrounding Land Uses and Zoning Districts `g allorth \. ` w' "`" , • 4 Single-family dwelling/R-5R Residential - `A ' -' ` - S South .4. .' 14 1 65th Street ' f Single-family dwellings/ R-5R Residential '°' • • r t ` ` .- East • Atlantic Avenue Duplex/ R-5R Residential West Duplex/ R-5R Residential C and C Development Company, Inc. Agenda Item 12 page 1 of 14 Background & Summary of Proposal • The applicant intends to subdivide the 15,000 square foot subject property (GPIN 24197315400000) into three lots for the construction of three single-family dwellings. • The subject property consists of two 7,500 square foot lots that were legally created and described as "Lots 5 and 6, in Block 18, Section `E"', as shown on the plat entitled "Subdivision of Cape Henry, Section—E" (Map Book 1, Page 8b). • The existing uses on the subject property are two duplexes, which are addressed as 6502 Atlantic Avenue and 203 and 205 65th Street. • The zoning for the proposed lots is R-5R Residential Resort District, which requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet for single-family dwellings.The proposed lots are also within the North End Overlay District.The three proposed lots meet the dimensional standards of the Zoning District; however, Section 4.4(c)(1) of the Subdivision Regulations requires that "corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance for interior lots in the district." The proposed lot at the corner of Atlantic Avenue and 65th Street would therefore be required to have a 60-foot width.The applicant is requesting a Subdivision Variance to remove this requirement and develop the corner lot with a 50-foot width. • The applicant intends to request setback variances from the Board of Zoning Appeals for the front and street side setbacks of the corner lot. The proposed layout for the dwelling would have a 12-foot front setback rather than the required 20-foot front setback and a 12-foot street side setback rather than the required 18-foot side setback. Zoning History Map Key No. Request 40so CUP (Short-Term Rental)Approved 10— 1 1\--"S 10/20/2020di _ 2 CUP (Short-Term Rental)Approved 1`t;yi� ` ,•` 1-C' r 08/25/2020 1s i.w ' ,, rA" 1 t 1 ' 2 -411 C and C Development Company, Inc. Agenda Item 12 page 2 of 14 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 & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. 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 proposal is to subdivide two legally created lots into three lots each to be developed with a single-family dwelling.The existing lots are currently developed with two legally non-conforming duplexes. In the R-5R Zoning District, duplexes require a minimum of 10,000 square feet in lot area while single-family residences require 5,000 square feet.The proposal for the three single-family dwellings, requiring 15,000 square feet, would be more conforming with regards to the lot area requirement than the existing two duplexes, which would normally require 20,000 square feet of total lot area.The two proposed interior lots would meet the dimensional requirements of the Ordinance entirely, while the proposed corner lot would only be deficient in lot width. The existing corner lot, "Lot 6," however, also does not meet this standard and is 50 feet wide—the same as the proposed corner lot of this application. Every lot created under the plat entitled "Subdivision of Cape Henry, Section— E" was 50 feet in width, so this would not be out of character with the neighborhood, nor would it represent a greater nonconformity above current conditions.The North Virginia Beach Civic League (NVBCL) Zoning Review Committee (ZRC) has provided a statement to Staff, which is also included in the supplemental items, concurring that this proposal echoes the predominant pattern of development within the North End and represents the best option for the neighborhood. The property lies within the North End Suburban Focus Area, which the Comprehensive Plan describes as being characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage, and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems.The property can by-right construct two duplexes, or four single-family detached dwellings under the provisions of the North End Overlay District.This proposal would decrease the potential density and C and C Development Company, Inc. Agenda Item 12 page 3 of 14 allow for the recommendation of conditions to address the high impervious surface coverage and stormwater drainage issues of the area. Conditions have been included for the corner lot for the use of porous materials for sidewalks and driveways to help address these concerns as well as for high-quality building materials to help the future dwellings withstand coastal weather events. As this application would not increase the nonconformity of the uses and addresses the concerns of the Comprehensive Plan for the North End Suburban Focus Area,Staff is recommending approval subject to the conditions provided. Recommended Conditions 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, "6502 Residential Subdivision", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan.This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve-foot (12') wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. 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. C and C Development Company, Inc. Agenda Item 12 page 4 of 14 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area, which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue.The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover, the North End area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems.The City seeks to implement drainage improvements in the North End area to help alleviate these situations. Recommendations for this area include parcel consolidation, density stabilization and the use of'Best Management Practices' for stormwater control should be part of reconstruction efforts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands,floodplains subject to special restrictions, or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—40 ADT 65th Street No data available 9,900 ADT 1(LOS° "D") Proposed Land Use 3—30 ADT Atlantic Avenue 13 100 ADT1 25,100 ADT 1(LOS° Included in Generated Traffic ,,D,,) numbers above 1 Average Daily Trips 2As defined by two 3As defined by three 4LOS = Level of duplexes single-family Service dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Access to this site is proposed to be from the two-lane feeder roadway that parallels Atlantic Avenue. This site also borders 65th Street and Atlantic Avenue. 65th Street is a two-lane local roadway Atlantic Avenue is a four- C and C Development Company, Inc. Agenda Item 12 page 5 of 14 lane minor urban arterial with a one-hundred-twenty-foot (120') right-of-way width. No roadway CIP projects are currently planned for any street in this location. Active Transportation Plan The Active Transportation Plan shows future bike lanes along Atlantic Avenue, however,they are not anticipated to impact the subject property. Sidewalks are recommended within the right-of-way along 65th Street and Atlantic Avenue as future pedestrian facilities. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • The applicant reported that they met with the Zoning and Land Use Subcommittee of the North Virginia Beach Civic League, and no objections were raised. One letter of opposition was received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. C and C Development Company, Inc. Agenda Item 12 page 6 of 14 m x v+' v W. o 1903.1 w0.0[K 2„C N Mt 70030007,955; IOT 1 rf rD OM 7419-,3.r555 r CIJ f ma LOT 5 �1 se V 1 d/ >` Ioavrt Ka Pat woof MI r..- Mortyy M.S. yew KAIIIII ► it } ,-, l'---1 INO eV Duplex -VW 112111 Y .u,r 2/,IL UN Mt S z ow z fiat,.M[. ll..• 41 !M 7071070016,r1 + m. PC., a•cu_o1 CPR MI1.01. /114 4 ,.S•0.5, - • z Duplex e r-V K Di ` OW f El.T..O.I snit , t R� —.—.—.— L t 17c It 1 _-- l sal\ 1 I i/ , i "'----; I\ WNW A est r� k`N c '�'—r I' LOT ii \\\.......7.. 7. \ , = .7rJr,7-. my- _ a • .1 a N sa ' arty •• " 441 MIMI .0 O = r r r f / r r r r r r D 0 I z r\ loss , e°.Pc.�sn ran 8?nee l 1 CU d 73 _ d v m o •ti, O A N 1 0 O 0 lD a- (1)RCEL A ,:.. • 5.XO SF PARCEL c%RAPHSc SCALr (D _____ ?.StB7 SF IMPERVIOUS *, 7_ .., 1 1 r{77`r ti{ i 1 .7.4 „..:...,.. 1 1 ..„•.....:,,.... •..• ..< 0 1 } Ere .,...::..,.��. .�7. •. -{. y.%,f•;,`ti1r.1,�+ ,.- !. SUorvrsiONVARGINCEREOUIREO 1 I ; • 14, 1 1 f4 4 C/•CORNER tors HAVE TO BE 10' l 1 z::t� Ii 1 WIDER THAN NORMAL 1 Y REOUA4ED I I I 1Future I Future ` w 44. _... a i Single i Single = i V o 4 Family Family , r�ar o m I Dwelling I Dwelling I Li ONFSTQQY ac 1 PORCH-3..SMSF ` T 3 1 "Ir1 z. L__________I__________ ';' IT -1 4 _t_._ _ _ [ . sat STATISTIC 0ItT'r DIK41T'01N 0502 ATtANfC Avpur (� Itl GI5N 141*71 16460060 CU CAN M40v.S/CTIOMr LOTS 5 0 AOO .KOLA 10 Q TOTAL NIOMOTv MIA IS OW R I II n _. - .- 0144 ACA1S 0 Mel ah 10Nnt. 0 St n111 MOW A, fD 65TH STREET vN[a1 TAA1lr uOArrn s.000 Si soT AAlA (D w lOT 10/0T1, o (80'RIGHT-OF-WAY) 5/v[ 1 4AH1r S TIACA1 10/OMR 3 r sac I r YOI AOIAC/M 10•%Tuft TO'NAM rD ,.. IAA.AAA/lwn,nOuS soA 0° n a fD o Q 3 rho n, -a v O 3• - I I.__, = A N n Corner Single-Family Dwelling Rendering , _ r..-- . NillirN - i lit=- FrPIS ~ /11 _ Al -- NI _ . '' ` .F I ter. _ Iii • Us teal N ........_ .. ..... li 1 .1.......t. I. 4. 1, 1 ....., 11► II in II _ lI►•'11 ..,, ; .'N, ,..,„ , . • •••...._ _,_. & ` I l , 7 _ iii ,, ilattl iiir/,,,g„ gr,...r.,..III Ilisiii illill j y„ 47 SO IL k 1iii -Ili Hi 1 ''11111 C and C Development Company, Inc. Agenda Item 12 page 9 of 14 Site Photos 1....------------7.-------------------* - r .;, a g k i EH WA G 1"I -: A. ' 00:- --'': 5i _.._i_ 34 3 4' .r k 4i•—t - N- wit L.-r iA� .ss•-• _^,�,- - ' i• is-' ,-1 ..1L_I _4., _ ,...... , . , . . . _ .__ 4. gip, ., jj:' t � y T N� " . : 111— ' ' '-"-' ^.tea. - I. C and C Development Company, Inc. Agenda Item 12 page 10 of 14 Site Photos // - _---, -_ - ® ■ �...Y.,....�-.r..4� -to I' -= i F i r !IC C and C Development Company, Inc. Agenda Item 12 page 11 of 14 Disclosure Statement VBVIRGINIA Disclosure .�� BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application C and C Development Company, Inc., a Virginia corporation Is Applicant also the Owner of the subject property? Yes()No0 If no,Property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No0 If yes,name Representative: R. Edward Bourdon,Jr., Esq., Sykes, Bourdon,Ahem&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary.or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Christopher J.Ettel,President;Jonathan Ettel,Vice President 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 inte est in the subject land or any proposed development contingent on the subject public action? Yes No() If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O 0 Ontario Ventures,LLC,a Delaware limited liability company cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 C and C Development Company, Inc. Agenda Item 12 page 12 of 14 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Carroll Johnson,Residential Designs Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Brad Martin,WPL Legal Services 0 0 F.Edward Bourdon,Jr,Esq.,Sykes,Bourdon,Ahem 8 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 commit e in connection with this application. C and C Development Company, Inc. 5 S r i 12 a/Zvi Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;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): 11/21/2024 Marchelle L. Coleman �C 11/21/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 C and C Development Company, Inc. Agenda Item 12 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. C and C Development Company, Inc. Agenda Item 12 page 14 of 14 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #12 C and C Development Company Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Next item? Madam Clerk: Item#12 C and C Development Company. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing C and C, both Chris and Michael Edel are here with us this afternoon. There's a letters of support from the residents who live directly across 65th Street on the south side, and the property abutting the property on the north side of the subject property. As Aubrey indicated in the informal and the staff report, and appreciate Aubrey's work on this application. The property today consists of two 50 by 150 foot lots that front on the Feeder Road, the corner lot being non-conforming, in its lot width to today's requirements for lot width that didn't exist when the entirety of the north end was subdivided. On those two lots, there exists today two duplexes, a total of four residential units that have been there for some 60 plus years. The properties as they currently exist can be redeveloped with either two duplexes because they're legally non-conforming duplex lots, or with four standalone units under the old beach to meet the old beach. That's where it started,but now it's also at the north end overlay district. My clients who've done this previously the north end, and the north end Civic League in my 40 years of doing this has always been very favorable to reducing density, and doing single-family homes on these non-conforming lots, which in this case where our lots are the two interior lots or the western two lots are completely conforming,and the corner lot is conforming except for the fact that today's ordinance requires a 60 foot wide a lot in this district, and in other districts that's similar 10 foot or 10%additional in the corner,and that's there for one reason because these subdivision ordinance anticipates that all the residential streets will be 50 feet wide with a 30-foot pavement section, and so the intent being, and when you have a corner lot, you have you have two streets and the same would be true on the side as well as in the front. At the north end,however,we have a lot of roads that are planted a whole lot wider than 50 feet,and at the north end there have been over the years scores, and scores of variances on corner lots because 95% of them are 50 foot wide, and so you have a situation where there's a hardship, and there is basis for granting a variance, and that would that would be the case with regard to the corner lot that is the subject of this application today,and when we've met with the North End Civic League zoning and land use subcommittee went through all this, they recognized that they would grant that side yard adjacent variance all the time, and this is less of a variance for that, and that will go to the Board of Zoning Appeals. You all aren't voting on that today, then what is routinely recommended and routinely approved at the north end of Virginia Beach, and also along some of the subdivisions in Shore Drive and Croatan. A little bit different situation we have same thing 50 foot lots in the R-10 district that are corner lots. It's a very common situation, it's why we have a Board of Zoning Appeals, but the lots that we're proposing are completely in character with the north end, and the only one that requires this variance,the subdivision variance is the corner lot, and it goes from a current corner lot, oriented east-west rather than north-south, that's only 50 feet wide upon, which we can build a duplex. So with the subdivision that duplex nonconformity goes away completely, all that can be built on these three lots are single-family homes on each one because that existing legal nonconformity disappears when the property is re-subdivided, that goes away entirely. It didn't have to be a condition, that's the law. So what this achieves is three single-family homes on two lots that are 100% conforming, another lot that is conforming to the character of the north end without a doubt,but I doesn't have 60 feet of width. If it had 60 feet of width, it would be the exception, it would be the irregular, the nonconforming because it's at the north end, and it's again seems true as Croatan, and a lot of the subdivisions that were done back in the 30s,40s,and 50s before we had zoning in 1954. So that's why, this is not the situation that existed on 73rd Street which some of you may or may not know about,and I'm not going to go into all that,but that's a situation that's caused some concerns at the north end, and not going to go down that road, but it was situation where 30-foot lots and trying to make them 40-foot lots, the Civic League decided that wasn't a good idea, and it's not an argument about that,but this is a situation that is 100%a good idea because it's doing what the character of the neighborhood is, and that's 50-foot lots whether they be corner or not, and the conditions as recommended by staff are acceptable to the applicants, and be happy to answer any questions. Mr. Alcaraz: Any questions for Mr. Burdon? Mr. Plumlee: I am making it clear,the reason why this is a reduction is because you cannot build duplexes going further, going after this. It cannot be done. Mr. Bourdon: Absolutely, cannot be done. Once the subdivision goes to record you cannot build a duplex on any of these lots. The only lots,and there are a ton of them at the north end that have duplexes on them, that are non-conforming, but they existed before we had zoning, and that's why they continue, and can continue, and that includes the property that is directly to the west of us. Now I will say this that Chris and Michael had spoken to the folks,who are recent purchasers of that duplex, and we hope that with a better understanding of what this is that they will not have the objection, that they've raised, but their property has a duplex on it. It's an old one, it can be torn down in a larger one built, and that lot is the same as the two lots,the one next to theirs, and the one east of that, and those lots will be developed with a single-family home that will meet every zoning requirement. Now those two lots are not subject to this application,and therefore technically,legally,you can't make that a condition,but we're telling you. I mean we've told the Civil League,the BCA wouldn't grant us a variance on either of those two lots. Both of those houses will access from 65th Street,just like everybody else on 65th Street, nothing different than anybody else on 65th Street,and they'll have single-family homes on them that will meet every setback requirement, lot coverage restriction, and the north end is the only place in the City of Virginia Beach R-5 and R-10 the north end that has an impervious surface limitation of 60%, and they will meet that as does the corner lot. Mr. Plumlee: By the way the citation in the in the comp plan is 1-91, and it talks about density stabilization,and that's the point on the north end. I need to, I need to highlight that when I have an opportunity like this because fire, water, use of enjoyment of your land, it's of a high-high sensitivity on the north end, and so reducing density and stabilizing to say,hey,the future is not going to change on you,that's the point. We can we can make that the historic district that it is, and preserve it, that's my view, that's not the law,but thank you for answering that question clearly. Mr. Bourdon: If I can add, that provision in the comp plan about stabilization. Again, I've lived this for the last, 35 to 40 years. It's been a back and forth in a debate at the north end because if you go back 30 years or 40 years,the vast majority of the properties were single-family, and a tremendous amount of redevelopment has taken place and until the overlay which the North End Civic League was wise to get on board with, it was done first in Old Beach. Since that's been adopted, we haven't had anywhere near the same number of duplexes. We have had a lot of two small cottage single-family on one lot,but that's why it's there is because they in the comp plan because the North End Civic League desired to not see all the single-family homes turn into duplexes,and two units on each one, and this is consistent with that intent that's in the comprehensive plan,and that's it has been done before. This isn't the first time we've done almost identical same thing over the years,and I certainly think it's in everybody's better interest, but appreciate staffs work on this, and the conditions are acceptable. Mr. Alcaraz: Any other questions? Ms. Hippen: I see on the on the concept here that's pictured, that you've got the corner home parking behind, and it came up during the informal session, where's the parking going to be for the other two homes. Mr. Bourdon: It is in front. Ms. Hippen: Okay. I just wanted to make sure. Mr. Bourdon: To be clear, that's technically, it is behind. It's actually the house will face the Feeder Road, so it's really the side, but it is also the rear, and the owners of the property adjacent are building a very significant single-family, our signers to one of those letters. They have seen this plan,and totally have no objection to this plan. They're in support of the variance. Ms. Hippen: Okay. So their ingress will be from 65t. Mr. Bourdon: The two western lots absolutely. Only the corner lot that'll come off the Feeder Road, and so feeder Road property to the north that butts it, they're completely in support of this application this plan. The folks who have concerns live to the west on 65th Street adjacent to the third lot back that's totally conforming. Ms. Hippen: Alright. Thank you. Mr. Alcaraz: Any other questions? None. Mr. Bourdon, I appreciate the Edels doing what they're doing. They're getting rid of the nonconforming. They're making it less, and they're also getting the density less, so I appreciate that. Right now, I'm going to open it for discussion. If there aren't any, I'll take a motion. I have motion by Mr. Plumlee. Second by Ms. Hippen. Is there any discussion. None,we will vote. Madam Clerk:Vote is open. By a vote of 10:0 Item#12 C and C Development Company has been recommended for approval. Mr. Bourdon: Mr. Chairman, I would like for a second to wish everybody happy Thanksgiving, and since it is this season,and Ms. Byler did such a nice job with the prayer, I want to thank each and every one of you for all the time you sacrificed to our city to engage in this process, and it is a time-consuming endeavor, and for that all of our citizens, and I'm certainly very appreciative, and thank you very much. Mr. Alcaraz: Thank you. Alright, that concludes our formal session. Thank you. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen , X Mauch X Parks X Plumlee X Conditions 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, "6502 Residential Subdivision", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single- family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve- foot (12') wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. 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. NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners October 20, 2024 Re: Subdivision Variance for C & C Development Company, Inc.,a Virginia Corporation, Property at 6502 Atlantic Avenue; Accela Case No.: 2024-PCCC-00154 The North Virginia Beach Civic League(NVBCL)Zoning Review Committee(ZRC)continues to stand by its policy to oppose the subdivision of existing lots into non-conforming lots. However,with that being stated,the development pattern of three(3)single family dwellings on 5000 square foot lots with 50-foot Right of Way(ROW)frontages is in complete conformance with most all lots at the North End. This pattern of development is the predominate pattern in which the North End has developed in the past. We recognize that corner lots have true stated hardships with multiple ROW building setbacks that restrict development options.The city recognizes these corner lot restraints and requires 60 feet of ROW frontage along the Atlantic Avenue ROW.This is very important on the100 block side due to the proximity to the very active Atlantic Avenue traffic on the East side. The West side is the"feeder road" which has much less vehicular traffic,but a great deal of bike and pedestrian flow. The actual locations for the proposed dwellings in this development request are set considerably back from the actual edge of ROW pavement. The West side is less of a traffic issue. The NVBCL ZRC has spent a great deal of time reviewing the development options of this request.Our review suggests that the option that follows the single-family development pattens is the subdivision into three(3) 5000 sf lots for single family development. We feel this request is uniquely tied to this corner lot condition and feel that this is the best option for the street,adjacent neighbors,and the neighborhood. This is not typical of most lots at the North End and therefore while standing by our policy of not supporting subdivisions that create non-conforming lots,the unique and different character of this development should be viewed in a different way. The NVBCL ZRC Defers to the Planning Commission for their wisdom on final decision. Billy Almond 209 - 70th Street(Abstaining) Pam Faber 41 1-52"d Street Willy Fluharty 303 -49'h Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 -44th Street Bob Roth 7406 Oceanfront Ave. Martin Waranch I I I -66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311-48th Street 1 From: William Neway To: Aubrey A.Trebilcock;Suoer Hot Wifev Subject: C&C development company, inc Date: Wednesday,November 13,2024 8:15:17 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning& Community Development: The property at 603 & 605 65th St was recently sold to a developer. We strongly oppose the restructuring or rezoning of the aforementioned lot. The purchaser of the property knew what the lay out of the lot was prior to buying the property. They should have to build on the existing approved lot as is. Restructuring the property so that 3 homes may be built only benefits the builder. This is purely for personal and corporate profit. Despite what has been said that this is for the better of the neighborhood. The best case scenario would be to build 2 single family homes on the property with reasonable size lots and a yard. Cramming 3 single family homes or 2 duplexes only adds to the congestion and overcrowding which is happening all over the country. Again this is purely at the benefit of corporate bottom lines. They continue to build "cookie cutter" homers without any charm or personality and place as many as possible in a lot. This has to stop! Please keep The North End of Virginia Beach a unique and desirable community to raise a family. Thank you, Will and Emily William E. Neway III D.O. FAOAO, FAAOS Orthopaedic Trauma&Spine Surgeon Cell: (205)603-7473 v_ YR kAj2__Al2 lipr • R5S Al Al2 R5S gth Street _, ,Stye � ;. sa ' 4 gt 06 :a --\._ \____ � 1 � R�.S'S A18 A1�8 % VI co 1 R5S R-5S 0 A\ lgoo4111 ttt R5S 1 co n � R5S R5S� IS coalga N W01: VA site Tidewater Structures LLC Property Polygons 514 9th Street Zoning Feet Building 012.55 50 75 100 125 150 --A o' s�', ,t . L I. Ls f , _. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER STRUCTURES, LLC [Applicant] MATTHEW R SCORNAVACCHI [Property Owner] Change in Nonconformity for the property located at 514 9th Street (GPIN 2427039916). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024 • Background: The applicant is requesting a Change in Nonconformity to expand a legally non- conforming duplex by constructing a 352-square-foot addition to the rear portion of the first floor and a 72-square-foot to the rear portion of the second floor. A Conditional Use Permit was approved by the City Council on January 8, 1979, to allow for the construction of the duplex. At the time, the site was zoned R-7 Residential which allowed duplexes with a Conditional Use Permit. In August of 1985, the City Council amended the Zoning Ordinance regulations for the R-7 zoning district, eliminating duplexes as a conditional use. Subsequently, in 1988, the R-7 Residential District became the R-5S Single Family District which does not permit duplexes, resulting in the subject site becoming legally nonconforming. The overall design of the proposed additions will be in keeping with the existing structure. The proposed materials are consistent with other new construction in the area and are of a high quality. • Considerations: The request for a Change in Nonconformity is consistent with the recommendations of the Resort Area SGA. The proposed enlargement is limited in scope and is in keeping with the development pattern of the surrounding area. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled "PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOLUTIONS, INC.", dated February 27, 2014, prepared by DKT Associates Tidewater Structures, LLC Page 2 of 2 Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled "Residence@ 514 9th Street Virginia Beach, Virginia — Exterior Elevations, Drawing Number A201," dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. ■ 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 CAC/ '' City Manager: nc.61i7 Agenda Item 6 Applicant: Tidewater Structures LLC VB Property Owner: Matthew R Scornavacchi Planning Commission Public Hearing: November 13, 2024 City Council District: District 5 (Wilson) Project Details Request Change in Nonconformity Staff Recommendation Approval riellikilria R Staff1114111111 Planner C . 11111,- )--• 4 - Alexis Bailey "°" ' '1\ \ Location OH 51 1 514 9th Street „►rm'sD GPIN P °E- "RE" m VP 1 o 2427039916 % 01HA AVE vova AVE Site Size m H m fi AVE 3,000 square feet „‘GO +MS AVE ' zE 0051°S SALo AICUZ 70-75 dB DNL Watershed t ,4 ; Atlantic Ocean s+ ,A ► ��la .. f:�#,- 1` ' Existing Land Use and Zoning District Duplex/R-5S Residential J _ ` ' 1�: Surrounding Land Uses and Zoning Districts • 4 % : t . ' ', North � , ., 9th Street 4F"T' x q Apartments/A-12 Apartment I `' '1 South { Lake Holly/ R-5S Residential 7 i +( .. 1 a t ":},.•., r East S.' � i�w ',-Ai. Duplex/ R-5S Residential West Duplex/R-5S Residential Tidewater Structures LLC Agenda Item 6 page 1 of 17 Background & Summary of Proposal • The applicant seeks a Change in Nonconformity to build an addition to an existing legally nonconforming duplex in the Shadow Lawn Heights neighborhood. The approximately 3,000 square foot parcel is zoned R- 5S Residential and is located within the Resort Area Strategic Growth Area (SGA). Both the lot and the existing duplex are nonconforming with the current standards in the Zoning Ordinance. • On January 8, 1979, City Council approved a Conditional Use Permit to build duplexes on a portion of 9th Street to include 514 9th Street. At the time, the site was zoned R-7 Residential which allowed duplexes with a Conditional Use Permit. In August of 1985, City Council amended the Zoning Ordinance regulations for R-7 Residential eliminating duplexes as a conditional use in order to preserve the predominantly single- family residential character of the Shadow Lawn community. Subsequently, in 1988 the R-7 Residential District became the R-5S Residential Single-Family District which does not permit duplexes resulting in the subject site becoming legally nonconforming. • The applicant seeks to enlarge the existing unit by adding a 352-square-foot addition to the rear portion of the first floor and a 72-square-foot addition on the second floor. The first floor addition will consist of a bedroom, media room, sitting room, bathroom, and kitchen. The second floor improvements include a new sunroom, reconstruction of an existing deck, and improved access to the deck. These additions will provide increased ease of living and accessibility to the homeowner who is a permanently disabled military veteran. • The proposed additions will be in keeping with the existing structure and include 30-year architectural asphalt shingles, exterior vinyl siding, and corner trim in colors to match the existing materials. • There is an existing shed on the site that does not meet the five foot setback requirement. The shed will be removed from the site during construction and will not be reinstalled. Tidewater Structures LLC Agenda Item 6 page 2 of 17 Zoning History # Request 2111 - 1 NON Approved 06/15/2021 417 a0 CUP (Short Term Rental) Approved 10/20/2020 2 CUP (Short Term Rental) Approved 10/20/2020 ¢,,o. CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 3 CUP (Short Term Rental) Approved 02/04/2020 3 , "" 4 REZ Approved 05/08/2001 5 NON Approved 06/27/2000 1.10,5 ... _ ,.. M�RY✓,ND pVE ,. RSS 1 r 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 & Recommendation This request for a Change in Nonconformity to expand the existing legally nonconforming duplex is, in Staff's opinion, acceptable. The proposed enlargement is limited in scope and is in keeping with the development pattern of the surrounding area. The applicant has submitted detailed plans, which depict an attractive addition in a design similar with surrounding residential dwellings. A similar request for an expansion to a legally nonconforming duplex was previously approved for an adjacent property. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled "PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOLUTIONS, INC.", dated February 27, 2014, prepared by DKT Associates Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Tidewater Structures LLC Agenda Item 6 page 3 of 17 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled "Residence@ 514 9th Street Virginia Beach, Virginia—Exterior Elevations, Drawing Number A201," dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The site falls within the Resort Area SGA. Based on the RASAP 2030, applicable principles for this project are "respecting the neighborhood context, keep blocks to neighborhood scale, and place windows, doors, and porches to allow for maximum neighborly interaction with the street and with other neighbors" (p. 51, RASAP). Site plans submitted show proposed additions that are compatible with the neighborhood context and scale of the surrounding properties. atural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed and in the Special Flood Hazard Area, Zone AE with a Base Flood Elevation of 8.0 Feet. Based on information submitted to Permits and Inspections, the proposed project will be considered a substantial improvement (improvements are valued at more than 50%of the value of the structure) and will require the entire structure to comply with all provisions of Appendix K, Floodplain Ordinance. Based on the submitted Elevation Certificate, the existing structure will not need to be elevated, as the existing finished floor elevation exceeds the required 2 feet of freeboard.The proposed addition can match the existing finished floor elevation. Flood vents will need to be added to the crawl space of the existing structure, as well as the addition, and all mechanical equipment servicing the structure must be elevated to at least the design flood elevation (10.0 feet). There are known historic or cultural resources that will be affected by this project. raffic Impacts/Transportation Traffic Counts Tidewater Structures LLC Agenda Item 6 page 4 of 17 Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-20 ADT 9th Street No Counts Available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-20 ADT 1 Average Daily Trips 2As defined by one 3As defined by one 4LOS= Level of duplex duplex Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) 9th Street in the vicinity of this site is a two lane local street.This section of 9th Street is not addressed in the MTP.There are no CIP projects planned for this area. Public Utility Impacts Water&Sewer The site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Tidewater Structures LLC Agenda Item 6 page 5 of 17 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 514 9TH STREET 4 5 WHEREAS, Tidewater Structures, LLC (the "Applicant") has made application to 6 the City Council for authorization to alter and expand the nonconforming dwelling at 514 7 9th Street and zoned R-5S Residential Zoning District; 8 9 WHEREAS, this parcel currently contains a dwelling, that does not meet the 10 current zoning regulations. The dwelling is a semi-detached dwelling, formally approved 11 as a duplex,which is not a principal dwelling type in R-5S. The dwelling was constructed 12 prior to the adoption of the applicable zoning regulations and is therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on November 13, 2024; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structure as expanded is equally 20 appropriate or more appropriate to the zoning district than the existing structure. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed nonconforming structure as 26 expanded, will be equally appropriate to the district as is the existing structure under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 1. Except as modified by any condition below, or as necessary to meet City Development 33 Ordinances and Standards, the Site shall be developed substantially in accordance 34 with the site plan entitled "PHYSICAL SURVERY OF LOT 16, BLOCK 26, SHADOW 35 LAWN HIEGHTS, VIRGINIA BEACH, VIRGINIA, M.B. 7 P.14 FOR J-MAT 36 SOLUTIONS, INC.," dated February 27, 2014, prepared by DKT Associates Land 37 Surveyors, and is on file in the Department of Planning and Community Development. 38 39 2. The exterior of the proposed building expansion shall substantially adhere in 40 appearance, size, and materials to the building elevations entitled, "Residence @ 514 41 9th Street, Virginia Beach, Virginia — Exterior Elevations, Drawing Number A201," 42 dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the 43 Virginia Beach City Council and is on file with the Department of Planning and 44 Community Development. 45 Tidewater Structures LLC Agenda Item 6 page 6 of 17 Resolution 46 3. The applicant shall obtain all necessary permits and inspections from the Department 47 of Planning and Community Development Permits and Inspections Division. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16679 R-1 October 31,2024 2 Tidewater Structures LLC Agenda Item 6 page 7 of 17 Proposed Site Layout PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THE ONLY EASE MENT8 APPEARING ON THIS SURVEY ARE THOSE WHICH WERE MOAN ON THE RECOOED SUBDIVISION PLAT UNLESS OTHE WISE NOTED. 2O1HIS PROPERTY APPEARS TO FALL IN FLOOD ZONES)& AS SHOWN ON THE N.F.I.P.MAP FOR TLE CITY OF VIRGINIA BEACH, MAPRANEI 615531-0126 F,DATED 5 4-0G BASE FLOOD ELEN..7 FINSHED FLOOR REV-11.3 :�46*LtH Op `�Q c,!LA�!A BaS N Lc. I.OORR r * 2-27-14 o 1 4 lull 13 15 17 PIN(S `SO.OP B 63'0000'W 14 WWI �P16 18 2O-0'3000 SOFT w,,77SR- 0.0689 AC 9 PIN(F) of 1 as.a/ 8 tw;',- - 1 NO FOUND SHED �� / O FOUND. (OF OTHERS) ,I,•• FRAME SHED 21.0 'i NO FOUND, 3 E.3 STORY FRAME C HOUSE 5614 z r. S ,j Ca0 13.0. a . Z III//-67 $- 8 D.IL PIN(F) • 210.017 TO ,,T1 • 9TH ST. (50') FORMERLY 12TH ST. PHYSICAL SURVEY OF 1� LOT 16,BLOCK 2S D KT Associates SHADOW LAWN HEIGHTS VIRGINIA BEAOI,VIRGINIA MB.1 P.14 LAND SURVEYORS FOR JIAAT SOLUTIONS,NC 1100 ORANBY STREET DRAWN MJB SCALE 1'=20' SURE 100 CHECK OT JOB 6866 NORFOLK VROINLA 23510 DATE 2-27-14 REVISED WA (757)565-6566 FAX(767)6666660 FELD BOOK 103 SHEET 1 OF 1 Tidewater Structures LLC Agenda Item 6 page 8 of 17 0 'a 0 v) 11 . co rD C • • ' d tw W�WAIW- - 0 .1. ID CO O. & M T 6 11 FINST FLOOR NEW MONK FIOS r.q ] NI0N"SIDE EL0i1 10% AF If.I'T NJ.0 z ® w0:pp 7. 1 R 840.1.,•u W y< iW ///��rrr'''... wf..aaF.1 m rrnn \ I. I' \ .I.um N <� ,.� YN« ll l ��i1, ll1III Iii1 111E'y MEMO Man NAO ,v r L.ana•NR US OnadtF SaWN r. m1. / �_ a • i. FIRST FLOOR NEW WORK r FI�Ct1r ` .— --_ FI AI Fvl.lY..WWW r,q MIMS M' IFOI OIgp **a_s InVanara. D VI 00 '* d = n I SOONrr ELEVATION �1 LEFT WOE ELEVATION AIM CM ca. 1 O fD VI -)IA I— V Ql C) Proposed Floor Plan 262369,2Ai I W0030YdS3NON`JIS3th.W f VINI',dA HOY3BVi ellul 4tI 1 spuds( wm oedceuaud.p rmax .13322L1S 1LL6 2,0 !e 1 i i a , . �' S1O311HDUV 30VdS3NO 03O113O1SMH ; _ y F t I i111 rV ,! s:. 6. 9 ; 1 1 °c Y _ e Fst 1; ErA li6e y siC FgI (e I 9 . i k1llh ', ! {I j i : ' y J nOf ti y ii 4 z R: rr r Ra i n Is 1 f tg i = 1 - - ---- +,ii M. Tee ilt 1 tiii 1 \ —L_ T ,, -i i z t1 i NE E =E 'MI 111 Ffi` :Ai b tY i Tidewater Structures LLC Agenda Item 6 page 10 of 17 Proposed Building Renderings _. _ r• UIS CEILING-TF EL • r -.' ...FINISH FLOOR r t 1 27-0' 7 UIS CEILINI6F 22'-0' 7 —_ T .1 0 ":- SECOND FINISH FLOOR r • 14'-0' J UIS CEILIN6EF NE 5 13'-0' -i '1 ,-13;g! , , :,,„ L: . .: FxIsTiIISTFLoORLEvEL % 4. a ' GROUND 5 i ' 0' o — _CEILING-TF ■ 29'-2• 1 , D ASH FLOOR■ CEILING-SF EL 1 i ,I 2zr li _..._ SECOND FINISH FLOOR■ t 4'-0 ■ U/S CEILING-FF ■ t7-0' 7 Li _ 7-0"S MI .. GROUND Tidewater Structures LLC Agenda Item 6 page 11 of 17 Proposed Building Renderings j ." "ro.0 , $. U•8 CEILING-IF NI 4,4 .. • . THIRD FPN H FLOOR 4. •L I >'r-0' •.•�.. US CaJIG4F. ac t, ------------ ——SEOPID F1vSN71`t•-7 WB CEM1INOF� 6. 17-. urlu A,..r.J-- 1101C0_Fi.•Viw•. EXST.RRST FLOOR LEVEL■1 yyv 7 U.S CELINO.IF■ 97 T • ".. �-1 TNIRO FI4161-I FLOOR arc ti 2za •., . ,. ,.... ,., - . .. -. T . . . , . _ , , I- .. • ... _ -- ._ SECOAO FINISH FLIO{OR_. _ - - II LL•8 CFI INC.-FrF .---- T0.N 9lOM1 lTlf1 . LX1SI.I IRSI I LOOM LLVLL 8'0 iti OROUVO Tidewater Structures LLC Agenda Item 6 page 12 of 17 Site Photos 'P • `jAT. i j1 �" III �.. pif Imoillit'', • z.> J%`' 1 ter:- — li • 1'' � ;y _ • V u 1 I :�. `=_l - i t, ----,____-__-_. F .t ., _ti• 1' '.any = -- 116 :: i � €'h�ee� it ar 4" Tidewater Structures LLC Agenda Item 6 page 13 of 17 Disclosure Statement vEgof VIRGINIA Disclosure BEACH Statement � The disclosures contained in this form ore 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: / 5 LGC as listed on application T�Ct� SeG -r Is Applicant also the Owner of the subject property? Yes()No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes()Nol, If yes,name Representative: _ Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Ya0No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) (a;) 14n.vicaf. tr.rke �. Does the subject property have a proposed or pending purchaser? Yes }No0 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest ine subject land or any proposed development contingent on the subject public action?YesU No I 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.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, () cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 1 Disclosure Statement I rev. May-2024 page 1 of 3 Tidewater Structures LLC Agenda Item 6 page 14 of 17 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 ® Architect/Designer/Landscape One SpaceArchitects Architect/Land Planner O Q Avo.., }`.. sl p. Q Tidewater Structures LLC ) Construction Contractor ,: Aftr_prAK Engineer/Surveyor/Agent 0 WPL Cjorrncn. Legal Services Q 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 bad or committee in connection with this application. rsolew� . 5itiat s !�c s/20-`1. Applicant Name(Print) piicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has o controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/19/2024 Alexis Bailey —4 3_ 11/21/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Tidewater Structures LLC Agenda Item 6 page 15 of 17 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Matthew SComavacthi Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesQNoCi if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Doss the subject property have a proposed or pending purchaser? Yes° Noe if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No if yes,name the o idol or em:,loyee,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 I YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateraiization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation _ 0 Archkect/Designer/Landscape O 0 one Space Architects Architect/Land Planner f3r.1.., }...Jrrip-irr 5 S, Q 0 Tidewater Stni uies LLC Construction Contractor a:1 /�s•. rwi t Engineer/Surveyor/Agent ® 0 E�.Y (rs4-»et-, Legal Services O ® . 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 pri o the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public b y or mmittee in cgrrjlection with this application. Y 1 7r <Co it/l/AV c[N( �_ 49 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Tidewater Structures LLC Agenda Item 6 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. Tidewater Structures LLC Agenda Item 6 page 17 of 17 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #6 Tidewater Structures, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item #6, Tidewater Structures, LLC. If a representative come forward. Welcome. Will Honeycutt:Good afternoon. Here we have a home addition and remodel for a disabled veteran to have better access for his home, and have you know a cooking and living space downstairs on the first story. We're not changing any type of use on the property, but it is zoned incorrectly. Ms. Cuellar: Thank you, and could you please state your name for the record? Mr. Honeycutt:Name is Will Honeycutt. Ms. Cuellar: Mr. Honeycutt are the conditions acceptable to you? Mr. Honeycutt: Yes ma'am. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none,I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant seeks a change in nonconformity to build an addition onto an existing legally nonconforming duplex in the Shadow Lawn Heights neighborhood. The applicant seeks to enlarge the existing unit by adding a 352 square foot addition at the rear portion of the first floor, and a 72 square foot addition on the second floor. These additions will provide increased ease of living and accessibility to the homeowner who is permanently disabled military veteran. The proposed additions will be keeping with the existing structure and include 30- year architectural asphalt shingles exterior volume sidle and corner trim. Hearing no oppositions, and a favorable staff recommendation, we felt it was appropriate for the consent agenda. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications#4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda#9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 1 1 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright,thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk:Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10,and 11 have been recommended for approval by consent. Mr.Alcaraz: Okay,thank you. Alright, so your application was approved. If you could see your representative at the planning department,they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled "PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH,VIRGINIA, M. B. 7 P.14 FOR 1-MAT SOLUTIONS, INC", dated February 27, 2014, prepared by DKT Associates Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled "Residence@ 514 9th Street Virginia Beach, Virginia —Exterior Elevations, Drawing Number A201," dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 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. �2 \-02 Wili " 0 �Rk30 30 2 O2^ A02- °02 02 Cj R.30- 0 % ° ,, ay \R3�0 B2 02 o - 2 /P '�� R-20 \\,t02 2-01 B2 0 nor �, • Oo!c�at R20 . 0 �O1 \C402 �p�d ,441aN " 02 'Tit`18 62 _• -r r' / ,//O2 448 -orate° 0� %\' ova° / ' - i- ::'' � � o 3 \,kliti , O2/ i 0 0 ;e/ 0 , 02 0 � ., , - ' moo 1;\ co " R262 NSA o _ � n o JR20 .. • 02-02 �� •iiioo Q o �S\ o - d.,Rr20 R20 ° o O � o 00• o 3givi\ o o �o Al) -o , 0o d Al8D . , 02 02 a od OAs c i �� r R20 1 � A36 A36 a Q oR2.0 ° co R-2:0 N Sentara Virginia Beach General Hospital W ' S' E = Site 1060 First Colonial Road 5 Property Polygons Zoning - Feet Building 0 65130 260 390 520 650 780 µwaF'� 4 .) („. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENTARA VIRGINIA BEACH GENERAL HOSPITAL [Applicant] SENTARA HOSPITALS [Property Owner] Change in Nonconformity (Electronic Display Sign) for the property located at 1060 First Colonial Road (GPIN 2408633987). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024 • Background: The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 1,256,131 square foot parcel is zoned 0-2 Office. • Considerations: On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined "electronic display sign" and prohibited such signs in all zoning districts. The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0 with one abstention. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. Sentara Virginia Beach General Hospital Page 2 of 2 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. ■ Attachments: Staff Report and Disclosure Statements Location Map Sign Plan Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. /�, Submitting Department/Agency: Planning Department City Manager: (.-.) \.b Agenda Item 10 Applicant: Sentara Virginia Beach General Hospital VB Property Owner: Sentara Hospitals Planning Commission Public Hearing: November 13, 2024 City Council District: District 6 (Remick) Project Details Request Change in Nonconformity (Electronic Display Sign) R W ENHO r EN T Eo Staff Recommendation • E1ON LN FP Approval y �s Staff: :nigan .A 111P Location • • .,,� 0000 1060 First Colonial Road ► GP/N 24086339870000 Site Size 1,256,131 square feet , m _/ A/CUZ 70-75 dB DNL Watershed ; Chesapeake Bay Y Existing Land Use and Zoning District ' ' R ' •V� . • Hospital/0-2 Office '' , w cif • � , Surrounding Land Uses and Zoning Districts • T. ?:� - `�� ` _ • North `� 2-4,04 os First Colonial Road °- t �' ''' Offices, Clinic /0-2 Office jr its v . . • South o,i;� Rr • Parking Lot, Offices/0-2 Office •`' . �;w*'o �,r • East ,+. a. .t%; ,gyp ` • Faculties Lane Parking Lot /Conditional 0-2 Office West First Colonial Road Offices, Outdoor Market/0-2 Office Sentara Virginia Beach General Hospital Agenda Item 10 page 1 of 13 Background & Summary of Proposal • The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 1,256,131 square foot parcel is zoned 0-2 Office. • The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. • On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined "electronic display sign" and prohibit such signs in all zoning districts. This amendment was initiated by City Council on August 25, 2009, and went through a Planning Commission public workshop and meeting process, and multiple City Council subcommittee meetings prior to City Council approval. Zoning History Map Key No. Request 1 CRZ (0-2 to Conditional B-2) 9i \ Approved 12/05/2017 \ a 9e 4 2 REZ (A-18 to 0-2) Approved J 02, •.;►* 03/09/1987 ok CUP(Assisted Living and Retirement • O2 3 Facility) Approved 02/11/1997 2 MDC(Assisted Living and Retirement • Facility) Approved 04/29/1997 • !• CUP(Housing for Seniors and /� . o tl� - 4 Disabled Person) Approved �� 02/12/2002 O2L 7� CUP(Farm Stand) Approved �'o /` 1014 �, 03/15/2016 r `� 5 6 MDC(Farm Stand) Approved 12/11/2018 02 CUP(Cafeteria within an Office A36 6 Building) Approved 12/14/1999 CUP(Public or Private College and Beauty Salon) Approved 03/10/2009 CUP(Home Occupation) Approved 7 12/08/1999 Sentara Virginia Beach General Hospital Agenda Item 10 page 2 of 13 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 & Recommendation This request for a Change in Nonconformity to replace and reconstruct the existing electronic display sign for the Sentara Independence hospital, in Staff's opinion, is acceptable.The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus.The applicant has submitted a signage plan which depict the proposed signage upgrade. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. Sentara Virginia Beach General Hospital Agenda Item 10 page 3 of 13 Comprehensive Plan Recommendations The applicant is seeking a Change in Nonconformity at 1060 First Colonial Road to replace the main entrance sign.This project falls within the Suburban and in the First Colonial Medical Corridor SFA. Non-residential uses in the Suburban Area should be complementary and in the First Colonial Medical Corridor SFA there should be priority for medical and healthcare uses (p. 1-87). Based on the Comprehensive Plan Policy Document, the Suburban Area should "create and maintain neighborhood stability and sustainability" (p.1-60). Comprehensive Planning staff sees this replacement as an appropriate use and request so as long as it complies with the zoning and lighting ordinance. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. This project will not have any adverse impacts on any cultural resources. Public Utility Impacts Water&Sewer The site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 2024. Sentara Virginia Beach General Hospital Agenda Item 10 page 4 of 13 • 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 December 6, 2024. Sentara Virginia Beach General Hospital Agenda Item 10 page 5 of 13 Location of Proposed Sign Ai I 7 e --Itr..... - t ,L 4 1 .0- lit.. ' '''.. 410.11f .;ill;.. - .- Cl/ A ..lit ... ,. :. ..,. • • •r a ;<, `.. . tit, , . .00-4,,L ,,. ., .. „. ... '' 1-', doe • .1. P. . ,1 . a Ill . . .r,.‘, . , • ite' , 10 ' �+ 4 1 1, \\. 'fir eT -- t, r z \r _ - �:,:i \A_-, .. . it` \ - -- . an, pc. . -,r, %. ,0 1' c. ,./0 ''.-tA ,,,,, rr, .. ........0"" . -._ , C . • • Nillii ' ',,..A I , .Lr.. 0 • 03 . j..":V......- . -'-.." - IF . WO i 'I... I.e. . I (/) `� ,t ` - , ..► '... . S' 4 - N' � ...� •• ,� ,wit ', ,, r' .11) . ( , ,tili ..... '. ..,. at,(1, .114 Ofk)44,, )14„... i 4, , Q : Sentara Virginia Beach General Hospital Agenda Item 10 page 6 of 13 Proposed Sign I B01 10Fi0FastGot EXISTING SIGNAGE Road Return t to Map w it{ Sordant r•,�.m 9.n► V.p.r parr • G.r.Hiss* Crn.nr Ho pn• • Ikaus Detail SideA Detail Side B: Rendering Sentara Sentara Virginia Beach Virginia Beach General Hospital General Hospital — l Recommended Side A Recommended Side B: Sentara Virginia Beach General Hospital Agenda Item 10 page 7 of 13 Site Photo r _ _-- .... it • tom' .® is , ---'� ,• _ t • • BPS II a. : .s.r'_:.. f -4 Sentara Virginia Beach General Hospital Agenda Item 10 page 8 of 13 Disclosure Statement VB 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 hove a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Sentara Virginia Beach General Hospital Is Applicant also the Owner of the subject property? Yes®No0 if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No® If yes,name Representative: Architectural Graphics. Inc. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(No( if yes,list the names of oil officers, directors, members,or trustees below AND businesses that hove a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See attached Does the subject property have a proposed or pending purchaser? Yes(;) No® if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No® I yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) C' '' Real Estate Broker/Agent/Realtor 0 ® Disclosure Statement I rev. May-2024 page 1 of 3 Sentara Virginia Beach General Hospital Agenda Item 10 page 9 of 13 Disclosure Statement 2024 Sentara Health Board of Directors • Allan Parrott--Chair • Whitney Saunders. Esq.--Vice Chair • Dennis Matheis-President and CEO • John Agola,M.D. • Gilbert Bland • Peter Brooks,Esq. • Dian Calderone • Bill Ermatinger • Joe Funkhouser • Edward George, M.D. • Les Hall • Ray Murphy • Jeffery Smith,EdD • LaTisha Tarrant • Carol Thomas • Fran Wilson Sentara Virginia Beach General Hospital Agenda Item 10 page 10 of 13 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Hume entity and/or rndrviaual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor • 0 Engineer/Surveyor/Agent 0 0 • Legal Services `i d APPLICANT CERTIFICATION READ:!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. m Joshua Seager 4eah4t Sta t.t. 10/11/2024 Applicant Name(Print) jj Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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 shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and to-,r En'.ernment Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/22/2024 Garek Hall Hannigan 11/25/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Sentara Virginia Beach General Hospital Agenda Item 10 page 11 of 13 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Sentara Hospitals Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes®i 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 2 relationship with the applicant.(Attach list if necessary.) See attached Does the subject property have a proposed or pending purchaser? Yes° No( If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No® I 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 ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity 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.) C' ® Real Estate Broker/Agent/Realtor C' Accounting/Tax Return Preparation 0 u' Architect/Designer/Landscape ^ Architect/Land Planner u' Construction Contractor G ® Engineer/Surveyor/Agent 0 ® Legal Services 0 C 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. Joshua Seager74' a- ,75 ' 10/11/2024 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Sentara Virginia Beach General Hospital Agenda Item 10 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. Sentara Virginia Beach General Hospital Agenda Item 10 page 13 of 13 Virginia Beach General Hospital sentara ® 1060 First Colonial Road Virginia Beach, VA 23454 August 2024 2655 International Parkway Virginia Beach, VA 23452 757.427.1900 Toll Free: 800.877.7868 www.AGl.net ig AG '''` Sentara. Site Overview 1060 First Colonial Road * : rra ' •. '' a .- Trr•'. • / _R- . - 1 '� i.'E , , ;, --- , A ...,1":401.401111 ---. ..,. .,,l'i .. ,. _ . 1-..0 • •].s f' "` ,SY. x e - , 'x ,,C ^ti„ 'e *jy ~M`� !�� .f Y ..1tAS ,... t. ._, . aiiitlW.' -• tfit '• • • o 1 0 First ,� p' • • ,, • n r ',tat C ,nia�Rd :- ti a _ • ll i r* • '-eg• ' .• ' • • ' '' A 61 - J�'R ]�••. • Jl • •fit ' ..• - '� ,-i►,1014frzipp;, .111P •• �y ( •.',"/. � .` ,off Mw "'S" �- / y +' ' y `n .-111"::" . 'II/Pr- ' • • * 1, 1,4 71. • ' .1 . ..".,„. .' r.. ---ftlOtk• . . ... .- . 401\ ' '\ .-.. .*:'' ..-- , .. .4111. t ootott .4kin i0-ki t v -•pri- ifootifc:, _,-. " • 01$A _ .13 `n . ... ,4 fit ID: 1341 Sentara B01 1060 First Colonial Road Return to Map EXISTING • Sign Type: Pylon . ' Sign Code: XX 10'0 Location: Main Public Entrance s E N T A a A -�' ~ - • Santora Srn TAaA YenaaBoeDal - ,�.. .ar nia Beach Gen'eral Hospital Quantity: 1 r Illumination: Internal Condition: Good .,...► o^ :c- .w : , • . 11 Assessment: Retrofit r ` Dimensions: r'� ' - -- OAH: 10'-11" OAW: 6'-4' HOG: Detail Side A: Detail Side B: Rendering: Comment: RECOMMENDATION Action: Remove&Replace i tin nr Sign Type: Pylon Sign Code: SEN-PID-3-VBGH Sentara -- Sentara Quantity: 1 Virginia Beach Virginia Beach General Hospital General Hospital Attachment: Base Illumination: Internal Illumination i Bar Code: Approx.Size: H: 12' OAH:13'6" W: 16'6" SOFT: 222.75 Comment: Verify existing footing,flower bed dimensions&distance from power lines Technical Survey: XX Code Compliance:XX Recommended Side A: Recommended Side B: �AGI ID: 1018 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item#10 Sentara Virginia Beach General Hospital Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item#10, Sentara Virginia Beach Hospital. Mr. Seger: Good afternoon, Planning Commission,and thank you for putting us on the consent agenda today. For the record my name is Josh Seger, Corporate Director of Construction for Sentara. Sentara is going through a system-wide branding update and as a part of that mobile to our hospitals across Virginia Beach are being rebranded. Same Sentara color and name,just a little different spacing and font a little different look. Included in that is the opportunity to upgrade two of our digital signs, one at Virginia Beach General, and the subsequent agenda item at Sentara Independence with modern technology. These digital signs not only provide a landmark for these locations, but also provide educational and informational assistance for folks that may be passing by including virtual support for breast cancer,educational services,community wellness screenings and events,Medicare, Medicaid events and other educational opportunities. Thank you for your consideration. Ms. Cuellar: Yeah,thank you Mr. Seger. You also mentioned,just stay right there for a moment, our next agenda item which was#11 in which you're also representing, and just for the record, you do agree to all the conditions? Mr. Seger: Yes, we do. Ms. Cuellar: Thank you very much. Is there any opposition to items #10 and 11 being on the consent agenda? Hearing none, Commissioner Mauch has agreed to read both of them into the record. Mr. Mauch: The applicant seeks a change in non-conformity to replace and reconstruct the existing main entrance sign for the Sentara Hospital, which includes an existing legally non-conforming electronic display sign element. Hearing no opposition and a favorable staff recommendation, we find it acceptable to be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr.Chairman that was the last items for the consent agenda. We will now place on the consent agenda applications #4, 6, 9, I0 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Ms. Cuellar: Yes I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda#9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright,thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk:Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay,thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. R10 W ) o • ��♦4�r�� i �� . A36 A36 R10 l ; 1 -A18, R,10' PR • i ,� � \ oO �►� . Ry1�0 A24 Z � o o :o )24 .*t 11.04> o 0 ,rR1�0 K � • R20o ope °Cj si� ° oe> R o � rr,� -o 20 a�c , D o q> . � o 16 R1 o o 0 cv R�1�0 �.. /020� <R20 �, R20 � � o-N yam -i to R2.0 �. R20 A18A18: 41. 0 02coo� 1 �, �w# o 4o 'C ' * t ,o4 R20 R20o 00 ,` 1 Al2 - v i \ i �G� A-1:2 • ,�6 ‘7\5 .0 I Go`� 4►r° cB2 p,1 P1 P1 8262 5o B2 / \\ roo /61\(0 1\ a► . SIN ///,, site Sentara Independence NOs Property Polygons 800 Independence Boulevard Zoning — mom. Ni Feet Building 0 55110 220 330 440 550 660 s,, 4ff i i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENTARA INDEPENDENCE [Applicant] MPB, INC. [Property Owner] Change in Nonconformity (Electronic Display Sign) for the property located at 800 Independence Boulevard (GPIN 1478548255). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: December 10, 2024 • Background: The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 561,668 square foot parcel is zoned Conditional 0-2 Office. • Considerations: On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined "electronic display sign" and prohibited such signs in all zoning districts. The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0 with one abstention. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Sentara Independence, 800 Independence Blvd, Virginia Beach, VA 23455" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. Sentara Independence Page 2 of 2 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. • Attachments: Staff Report and Disclosure Statements Location Map Sign Plan Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. (---- Submitting Department/Agency: Planning Department C,(CI! City Manager:�� Agenda Item 11 Applicant: Sentara Independence VB Property Owner: MPB Inc. Planning Commission Public Hearing: November 13, 2024 City Council District: District 9 (Schulman) Project Details Request Change in Nonconformity (Electronic Display Sign) Pk- X< rir ' Staff Recommendation • 4%41,1„..;,./ Approval \ a v P,G0Oo % /li P� Zt Staff Planner �EStGP°JE�tO om ��aoJ`� �1 Garek H. Hannigan P �a° ` v N ( o.es) P-P- O %. StiP ,,,„CO' JEP�' 4 �E� O d P P? Location 4bQ ��P` A �� 800 Independence Blvd �a i GP/N `y " �.,� �� H it 14785482550000 f F�<ti PEostx°'8-V0 11, N \ / Site Size Z '_ 561,668 square feet 1. i �✓ ' A/CUZ -r.� .. ......4.11 Less than 65 dB DNL Watershed -- j F Chesapeake Bayqo re•• wo 1It �+`�Q . 3 !e fil 0. . t,*v Existing Land Use and Zoning District % .'" 0.:-.! `' ` , Hospital /Conditional 0-2 Office }.i ; ��` ,, :r + Surrounding Land Uses and Zoning Districts s N• • �:- r 'p North y� • o Bayside Library / R-10 Residential 51', ' z- . ,r ��[, -+ -♦' . v Parking Lot/ R-15 Residential ^�('1;}} aka Eao t \ b'1-' �,tGHOV ;� tt P;�� + � East .i`t;a� " ' ., ti �, �rMti,�• " ,,, Residential Subdivision / R-10, R-20 Residential oq \'i , .._:AK West Independence Blvd Apartment Complex/A-18 Apartment Sentara Independence Agenda Item 11 page 1 of 12 :ackground & Summary of Proposal • The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 561,668 square foot parcel is zoned Conditional 0-2 Office. • The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. • On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined "electronic display sign" and prohibit such signs in all zoning districts. This amendment was initiated by City Council on August 25, 2009, and went through a Planning Commission public workshop and meeting process, and multiple City Council subcommittee meetings prior to City Council approval. oning History Map Key No. Request 1 REZ (B-2 to A-36) Approved a2� 82 , 82y2 \e 12/03/2013 1 q R2° 2 STC Approved 10/21/2003 1€ R19 11.a A18 y CRZ (A-12, R-15 to Conditional 0-2) P ,a R,o R 10 , 46 3 Approved 05/08/2012 A2 . �a �� CUP(Hospital Expansion) Approved ,�Pa+"0 /% 9; J\111 04/26/1994 r+ }ov, • / AO r j� m ilirR20 CUP(Car Wash) Approved jyy/�� //� Rzo 4 07/01/1997 ' m �° ` '�'� 7 5 CUP(Religious Use) Approved �� Rio 05/11/2010 e06 _ 11 CRZ (A-12 to Conditional O-1) 1cKaD 6 Approved 08/17/2021 82 "�t�"o �' y�°�i P1 CUP(Religious Use) Approved B2 825 Al2 a4\ 7/ 03/20/2018 A, Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Sentara Independence Agenda Item 11 page 2 of 12 Evaluation & Recommendation This request for a Change in Nonconformity to replace and reconstruct the existing electronic display sign for the Sentara Independence hospital, in Staff's opinion, is acceptable.The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus.The applicant has submitted a signage plan which depict the proposed signage upgrade. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Sentara Independence, 800 Independence Blvd, Virginia Beach,VA 23455" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The applicant is seeking a Change in Nonconformity at 800 Independence Boulevard to replace the main entrance sign.This project falls within the Suburban Area. Non-residential uses in the Suburban Area should be complementary. Based on the Comprehensive Plan Policy Document, the Suburban Area should "create and maintain neighborhood stability and sustainability" (p.1-60). Comprehensive Planning staff sees this replacement as an appropriate use and request so as long as it complies with the zoning and lighting ordinance. Sentara Independence Agenda Item 11 page 3 of 12 atural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. This site is situated across North Witchduck Rd. from the Old Donation Church Historic and Cultural Overlay District.The proposed electronic display sign, however, is located along Independence Blvd and is approximately 0.2 miles from the historic resource; therefore, the Old Donation Church will not be affected by this project. Public Utility Impacts Water&Sewer The site is connected to city water and sanitary sewer. ublic Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Sentara Independence Agenda Item 11 page 4 of 12 Location of Proposed Sign -,•-„, o) 7,0 Oi - _._ . .!: ' ,. .- - . '-'11;. 41114,)'. . - . Ns ..,, 0., ii : .':,Iit. . k .,.','-,oviii ., . -.); ; - , + ' . xa. mil. �� • ''r' '" - dipr • _ .. • ANN l 4, maid, u • r. itV •• i '. 4- 0----. ,,,...--ir Y. , - a) • i.- _ . • r .�' I • k 1. w .' •• .lam ` I �_6 - .. - 1. !-' 7 •- �l' 1 • I -1 1 * '-'-1' <0 $r ' - ,.' 0 LA 4,%' 4 I\ , '4 '4'' I 4-0 . � , _ .,. �• .- d9' • iN 4 Ado t e t Q Sentara Independence Agenda Item 11 page 5 of 12 Proposed Sign IAsset Summary WF06 Existing Signage Rot=toMap o `,:j - inctNCr i .. tivt,till 0.4 4 - 111111 1 -' ..... . 7. --.. "Mr - ,,, , D.Side A: Debit aide B: Rendering: • '1 a • Sentare limiters ►w.omdb.. ns.oaa..e. i Recommended Side A: Recommended Side B: Sentara Independence Agenda Item 11 page 6 of 12 Site Photos • _ » a /u` _ 4 . A�rK • • 511111414'- • - + ♦• • �.��.., I ,7rf'•'^�'PP • Sentara Independence Agenda Item 11 page 7 of 12 Disclosure Statement VBCITY Of Disclosure VIRGINIA BEACH Statement � The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. 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 Sentara Virginia Independence Is Applicant also the Owner of the subject property? Yes®No0 If no, Property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®NoC) If yes, name Representative: Architectural Graphics, Inc 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'or affiliated business entity t relationship with the applicant.(Attach list if necessary.) See attached Does the subject property have a proposed or pending purchaser? Yes(_;No S' f yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes° No® I yes; name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etch le' Real Estate Broker/Agent/Realtor ( C' Disclosure Statement I rev. May-2024 page 1 of 3 Sentara Independence Agenda Item 11 page 8 of 12 Disclosure Statement 2024 Sentara Health Board of Directors • Allan Parrott--Chair • Whitney Saunders,Esq.--Vice Chair • Dennis Matheis-President and CEO • John Agola,M.D. • Gilbert Bland • Peter Brooks,Esq. • Dian Calderone • Bill Ermatinger • Joe Funkhouser • Edward George, M.D. • Les Hall • Ray Murphy • Jeffery Sm'th.EdD • LaTisha Tarrant • Carol Thomas • Fran Wilson Sentara Independence Agenda Item 11 page 9 of 12 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services a APPLICANT CERTIFICATION READ:I certify that oll information contained in this Form is complete, true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,l 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. Joshua Seager 51,41.64a- 5eG4t i 101 1/2024 Applicant Name(Print) Applicant Signature Date I "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. 2 Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when None business entity has a controlling ownership interest in the other business entity, (it) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities shore the use of the same offices or employees or otherwise share activities,resources or personnel on o 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): 11/22/2024 Garek Hall Hannigan /44 11/25/2024 Staff Name(Print) Staff Signature U Date Disclosure Statement I rev May-2024 page 2 of 3 Sentara Independence Agenda Item 11 page 10 of 12 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application MPB INC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes0No0 If yes,list the names of all officers,directors, members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) See attached Does the subject property have a proposed or pending purchaser? Yes() No0 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes a Noe I 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 ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor C) e Accounting/Tax Return Preparation 0 d Architect/Designer/Landscape �, Architect/Land Planner U' Construction Contractor . U' Engineer/Surveyor/Agent C� 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. IMF Joshua Seager leaif ,5� 10/11/2024 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev- May-2024 page 3 of 3 Sentara Independence Agenda Item 11 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Sentara Independence Agenda Item 11 page 12 of 12 Sentara Independence lIla ® 800 Independence Blvd Virginia Beach, VA 23455 August 2024 2655 International Parkway Virginia Beach, VA 23452 757.427.1900 Toll Free: 800.877.7868 www.AGL.net 41g AGI Sentara. Site Overview 800 Independence Blvd Its:of -. ' * ' ,,.. / ' i •. � • SAlle Bence i "em • {� fN• + 1 ;tr f.,� i 1 a _ .. eta ! 1► / • - ^ 3 ! Mr.. �1. / r t I A - wr 15 I - a /" 1 jai �x` ° t k �a t R !f�` y NtA � • 44 • e L: p* q.r iB e .e I r; a.13tf + ff ft, A iI a 4 ., � „ + y + dR1 s • • .tk, - - - • . \ It 1 NT.. . " _ , , '/ per, , a 1, V. ` 9 i as "i' � � •,a ., 4 MO It °Ir )1 .., i' "r� tt ... t `4� 5� #*i l' "s i • ' Sat . 1 � gp s .- - •'+ „les 's7i,. - ..,,elk*.'i. .., s.,1111 -f * { A r * 7!� ID: 1029 Sentara Asset Summary WF06 800 Independence Blvd Return to Map EXISTING Sign Type: Pylon • Sign Code: XX ;. Location: Faces Main Thoroughfare Is I 1 + IZ Independence .'n,lnre . -+FP FHCFNl Y Quantity: 1 EMERGENCY-) �• Illumination: Internal v rF•_ f„L Condition: Good t ! .!1,- — __Assessment: Retro-fit r 1 IDimensions: 1 1,. w(e-' {„e AI a,t: , OAH: 11,8„ •3 t,� 4, l I/ tftOW.'it %=', HOG: Detail Side A: Detail Side B: Rendering: Comment: RECOMMENDATION Action: Remove and replace Sign Type: Pylon — e n 1' a Sign Code: SEN-PID-1-CUSTOM ��►Sentara Sentara Quantity: 1 Independence 1 independence Attachment: Footer -,,EMERGENCY Fi..rpwc5lbw" ...Pm,'Moue Illumination: Internal oo."p.n °m men Bar Code: Approx.Size: H: 12'-0" W: 8'-0" i 1 . SQFT: 128 Comment: Confirm we can use the existing foundation and verify the power supply 120V or 277V Technical Survey: Required Code Compliance: Recommended Side A: Recommended Side B: AGI �` ID: 1029 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #11 Sentara Independence Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item#10, Sentara Virginia Beach Hospital. Mr. Seger: Good afternoon, Planning Commission, and thank you for putting us on the consent agenda today. For the record my name is Josh Seger, Corporate Director of Construction for Sentara. Sentara is going through a system-wide branding update and as a part of that mobile to our hospitals across Virginia Beach are being rebranded. Same Sentara color and name,just a little different spacing and font a little different look. Included in that is the opportunity to upgrade two of our digital signs, one at Virginia Beach General, and the subsequent agenda item at Sentara Independence with modern technology. These digital signs not only provide a landmark for these locations, but also provide educational and informational assistance for folks that may be passing by including virtual support for breast cancer,educational services,community wellness screenings and events,Medicare, Medicaid events and other educational opportunities. Thank you for your consideration. Ms. Cuellar: Yeah,thank you Mr. Seger. You also mentioned,just stay right there for a moment, our next agenda item which was#11 in which you're also representing, and just for the record, you do agree to all the conditions? Mr. Seger: Yes, we do. Ms. Cuellar: Thank you very much. Is there any opposition to items #10 and 11 being on the consent agenda? Hearing none, Commissioner Mauch has agreed to read both of them into the record. Mr. Mauch: The applicant seeks a change in non-conformity to replace and reconstruct the existing main entrance sign for the Sentara Hospital, which includes an existing legally non-conforming electronic display sign element. Hearing no opposition and a favorable staff recommendation, we find it acceptable to be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr.Chairman that was the last items for the consent agenda. We will now place on the consent agenda applications #4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Ms. Cuellar: Yes I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda#9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright,thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk:Vote is now open. By a vote of 9:0,with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay,thank you. Alright,so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X Byler X • Cromwell X Coston X Cuellar X Estaris X • Hippen X _ Mauch X Parks X Plumlee X Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. R20 F#V 01 R2/0 AG2 _ A,G 2 iR120 \ R20 iiiii/AG2 e R oad .----- ‹AG 2 as Ljl R2'p id°n1dg ' _ ` , I ,E,\\,._---- ___ - :L.:_- (i .6 ' - [-_-i P1 0 t CS P1 P1 ' ',., 2 //) �8 AG2 AG2 0 _ / 0 R�10 AG2 Q • • o \� / 1 o � 2 R20 R1'0 CR'1'0° ' is 00 ,--, 0"--."" 0/S a ; o � o � � o„/ ,,R�1�0 R�10,R10 ov bQQ 0C 0R1,0 .0 g, o Q o Q .R1/0 a Q Q o, Q, R10J .c R1.0 ,'� Q o Q �� R 10 Ri1.07TRIOR�10 _ tr( 0 �" � � � o � Q ° N Grace Bible Church of Virginia Beach Inc. W 0' ` = Site Parcel directly south S Property Polygons of 2285 London Bridge Road Zoning — Feet Building 0 40 80 160 240 320 400 480 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the parcel directly south of 2285 London Bridge Road (GPIN 2405700297). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024 • Background: A Conditional Use Permit for a Religious Use was approved by the City Council on November 7, 2017, and subsequently modified in 2021 . The applicant is seeking a Modification of Conditions to amend the concept plan and conditions associated with the 2021 Modification. The new plans include a reduction in both building size, and parking as well as shifting the proposed structure closer to London Bridge Road. The updated plan includes a 26,000 square foot building with a 500-seat sanctuary and 214 parking spaces. The building will be no greater than 35 feet in height with high quality building materials consisting of painted EIFS, aluminum cladding, and wood slat paneling. • Considerations: The reduced building sized and parking area will result in an overall reduction of impervious surface allowing for the retention of existing green space. The proposed reduction in the sanctuary from 800 seats to 500 seats should generate less traffic that the initial proposal. The applicant is proposing to retain the landscape screening shown on the 2021 approve plan to buffer the site from the adjacent residential and agricultural parcels. A preliminary stormwater management analysis was provided to the Development Services Center (DSC) outlining the updated stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and finds that it has the potential to successfully comply with stormwater regulations for this site. While the applicant is proposing a 10-foot tall monument sign, staff has included a condition to limit the height of the sign to 8 feet as was approved with the 2021 request. Further details pertaining to the application, as well as Staff evaluation, are provided in the attached Staff Report. A letter of concern was received from an adjacent property owner who also spoke in opposition at the Planning Commission hearing. Grace Bible Church of Virginia Beach, Inc Page 2 of 3 ■ Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. All conditions of approval attached to the Modification of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "CUP — Modification of Conditions," prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, "Grace Bible Church Red Mill Campus," prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "CUP — Concept Landscape Plan" prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled," Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All other outdoor lighting fixtures, included building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. Grace Bible Church of Virginia Beach, Inc Page 3 of 3 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C,(C City Manager: -'`►'� Agenda Item 7 Applicant and Property Owner: Grace Bible Church of Virginia Beach, Inc Planning Commission Public Hearing: November 13, 2024VB City Council District: District 5 (Wilson) Project Details Request Modification of Conditions Raft-Recommendation Approval Staff Planner 2:2)" Alexis Bailey Location Parcel directly south of 2285 London Bridge Road —�V - GP/N 2405700297 Site Size ap,acres AICUZ 70-75 dB DNL Watershed Southern Rivers -411 Eao . , Existing Land Use and Zoning District • Church/AG-2 Agricultural • �' *� Surrounding Land Uses and Zoning Districts r , 1. • " - T.` 4 North �� . 1 •-•• ;, * , London Bridge Road k ► �' . Farm/AG-2 Agricultural ; " T� A ik South Single-family dwellings/ R-10 Residential " ,E East i � �� - ..��r�""�'1,14, � : .?. ;,""� Single-family dwellings/ R-10 Residential West Open space/ P-1 Preservation Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 1 of 19 Background & Summary of Proposal • A Conditional Use Permit for a Religious Use was approved by the City Council on November 7, 2017, and subsequently modified in 2021. The applicant is now seeking a Modification of Conditions to amend the concept plan associated with the 2021 Modification. • The proposed modifications include reducing the size of the building from 45,071 square feet to 26,000 square feet and downsizing the proposed parking area. The applicant also intends to shift the structure closer to London Bridge Road than originally proposed. The proposed changes stem from the stormwater management costs associated with the originally approved plan. • Although not required by the Ordinance, the applicant is retaining the 15-foot wide Category IV Landscape Buffer approved with the 2021 Modification to provide additional screening for the adjacent residences and agricultural parcels. • The proposed building will be no greater than 35 feet in height with building materials consisting of painted EIFS, aluminum cladding, and wood slat paneling. • The applicant is proposing a 10-foot high monument sign for the church. While staff is supportive of the overall design of the sign but is recommending a condition that the height of the sign be limited to eight feet as was approved with the 2021 Modification. • Per Section 203(28.1) Religious Uses require one parking space per five (5) seats or bench seating space in the main auditorium. A total of 100 parking spaces are required to accommodate the 500-seat sanctuary, while a total of 214 spaces are proposed, thereby exceeding the requirement. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 2 of 19 Zoning History # Request ^°2 j ' 0 a 1 CUP(Wildlife Rehabilitation Center) Approved o4 06/04/2024 4 MDC Approved 05/04/2021 6�� 2 CUP(Religious Use) Approved 11/07/2017 P S Dr P1 CUP(Riding Academy) Approved 02/10/1975 77©,1 R10 / O" MDC Approved 11/17/2015 3 0 � v CUP (Recreation) Approved 07/08/2008 .. t CRZ (R-20Conditional 1 Approved 1 �toCod a O ) a� 44 � lot, { 4 12/09/2008 ' © DO kiet `�D/a t - • Vitt tly, 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 & Recommendation In Staff's opinion, this proposed Modification to the Conditional Use Permit for the Religious Use is acceptable. The proposed revisions, including the reduction to the overall building footprint and reduction in parking area will still be in keeping with the context of the area and should not negatively impact the surrounding residences. The reduction in building size and parking area will result in an overall reduction in impervious surface, providing additional green space on the site. The reduction in the building size will also reduce the capacity of the sanctuary from 800 seats as approved in 2021, to 500 seats with the current proposal which will lessen the traffic impact to and from the site. Furthermore, shifting the proposed church closer to London Bridge Road provides increased separation between the proposed development and the adjacent residential properties. In addition to the increased separation, the applicant will retain the 15-foot wide Category IV Landscape Buffer proposed and approved with the 2021 approval which will provide additional screening for the adjacent residences and agricultural parcels. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage analysis to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 3 of 19 to successfully comply with the stormwater requirements of this site, with a formal review taking place during the site plan review through the DSC. Given the above information, Staff recommends approval of the application subject to the conditions and exhibits included in the staff report. Recommended Conditions 1. All conditions of approval attached to the Modification of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "CUP—Modification of Conditions," prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, "Grace Bible Church Red Mill Campus," prepared by Visioneering Studios,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "CUP—Concept Landscape Plan" prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled," Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All other outdoor lighting fixtures, included building mounted lights, shall not be erected any higher than fourteen (14)feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 4 of 19 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. 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. 2021 MDC Conditions 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017 are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped, it shall be in substantial conformance with the submitted site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7- 21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Plantings along the two (2) property lines adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval that contains the plantings and screenings referenced in Condition 2 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot landscape buffer", along adjacent properties that are residentially zoned, a mix of trees and shrubs within a planting area of no less than fifteen (15) feet shall be installed with plants that reach a minimum height of eight (8) feet at maturity; b. As depicted on the plan as the "10-foot +/- landscape buffer" at a distance of no more than forty- five (45) feet from the property lines where improvements are located (parking lot, etc.) a second landscape buffer shall be installed to include both a ten (10) foot wide planting area with a mix of evergreen trees and shrubs and a solid privacy fence with a minimum height of six (6) feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 5 of 19 Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle.The solid privacy fence shall be maintained in good condition. 4. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church, Strawbridge Campus" ["Phase 1 Elevations" & "Phase 2 Elevations"],prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Proposed Grace Bible Church Monument Sign", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.All parking lot perimeter lighting between the parking lot and property lines adjacent to residentially zoned properties shall be limited to lighting no taller than four(4) feet. All other outdoor lighting fixtures, including building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. Parking areas shall be no closer than ninety(90)feet from the adjacent residentially zoned property lines as depicted on the site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7-21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a religious congregational building for Grace Bible Church along London Bridge Road. Site improvements include a parking lot, access drive, and wet ponds for stormwater management. Stormwater runoff from northern portions of the site currently drain into the storm system along London Bridge Road. Stormwater runoff from southern portions of the site, including an existing farm pond, currently drain south towards the existing drainage system along Windy Pines Bend. The existing farm pond will be filled in with this development. Stormwater runoff from the proposed site improvements will be collected into stormwater management wet ponds that will continue to drain either into Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 6 of 19 the London Bridge Road or Windy Pines Bend drainage systems and will be designed to demonstrate no negative impacts to either system. The wet ponds will be designed to treat for water quality and water quantity before discharging into the existing drainage systems. Based on the information provided by WPL in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with all stormwater regulations. Final design and detailed updates will be made during site plan submittal to ensure conformance with requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 13.87 acres Pre-Development impervious area: 0.95 acres Post-Development impervious area: 5.1 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Ponds Description of outfall: Stormwater runoff from the southern portion of the site will drain into the Pine Ridge subdivision storm system, which leads into the Hunt Club tributary and ultimately discharges into West Neck Creek. Stormwater runoff from the northern portion of the site will drain into the existing storm system along London Bridge Road which leads into the Grey Fox canal and ultimately into Hunt Club tributary and West Neck Creek. Downstream conveyance path: This site is part of Upper West Neck Creek drainage basin. West Neck Creek ultimately drains into the North Landing River, through the Currituck Sound and into the Atlantic Ocean. Comprehensive Plan Recommendations The Comprehensive Plan identifies this property as being within the Suburban Area.The Policy Document of the Comprehensive Plan states that part of the guiding principle to create "Great Neighborhoods" includes the "support (of)those neighborhoods with complementary non-residential uses" (p. 1-60). Based on the Comprehensive Plan Policy Document, it states that new projects in the residential (Suburban) areas are to "promote sustainability and responsive to changes in our environment" (p. 1-61, Comp Plan).The architectural style is seemingly similar to previous approvals with no change in height. As recommended, bike racks should be installed on site for those who choose to elect alternative modes of transportation (p. B-6, Reference Handbook). In Suburban Areas, parking areas should not be dominating street frontages nor located in front of buildings.This project is in an in-between. For greater compatibility, the parking areas shall be well landscaped to screen cars from London Bridge Road (p. B-6, Reference Handbook). With wetlands on site, there should not be any more disturbance to these features than what was originally proposed in the original CUP (p. B-5, Reference Handbook). As such, this project would be considered to be in conformance with the Comprehensive Plan. . ._. ._: Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 7 of 19 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed and there are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—313 ADT weekday, 1,246 ADT Sunday based 32,700 ADT 1(LOS 4 on 45,100 s.f. church London Bridge Road 18,000 ADT1 „ D ) Proposed Land Use 3- 198 ADT weekday, 818 ADT Sunday based on 26,000 s.f. church 1 Average Daily Trips 2As defined by an 3As defined by a 4LOS = Level of 45,100 SF Religious 26,000 SF Religious Service Use Use Master Transportation P/an(MTP)and Capital Improvement Program(CIP) London Bridge Road, in the vicinity of this site, is a four lane divided minor arterial suburban roadway. London Bridge Road has a variable width, right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. Public Utility Impacts Water There is an existing 10-inch city water main along London Bridge Road. The site must connect to city water. Sewer There is an eight-inch city sanitary sewer gravity main along Mayberry Drive.The site must connect to city sanitary sewer. City sanitary sewer does not front the subject parcel, but it lies within the sanitary sewer service area for Mayberry Pump Station#643.Thus, city sanitary gravity sewer must be extended from Mayberry Drive to front the parcel at the developer/owner's expense in accordance with Section 5.9 of the Subdivision Regulations and as not on the plat titled "SUBDIVISION PLAT OF THE PROPERTY OF MARY H. SMITH REVOCABLE TRUST" recorded on 3/5/2018 (Inst. #20180305000180100). Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 8 of 19 Public Outreach Information Planning Commission • One letter of concern has been received by Staff noting concerns about stormwater and construction created by the Religious Use. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 9 of 19 6T Jo UI abed L wall epua2v Juj 'yaea8 e!ulanA}o yJan40 algi8 apeag zV v �-o g, a 3,s / / .--s • - ; Z g !,t 1 g 1 9 >4 ....*. / k,,, )."41'--- 41$6 4, ( A, tip•�. t 1 J"ram'/ `• e` A - � y.� ', FJ , /Iv/4: .. ..,-,,,,....,,,,, rr . "S}� - /0 is Nr%/ ' . _ if t y[ •_ .'F4 tA.% • Y ai /.. .off, „ �. ''f ' ,, i 4 (/i,, t I; �ii r -- -- I. *, + }4,.. Syr r -- .• 46 id _ • _� y '' mow, ro �a 4 fw .-- . F F Oki -Y•�'✓'.ij. li'((a t zzar�rt�si[f:-I- . I 1 .I: -I 7 0 q* -.Z.I•- % i '4.4tti „. AN 3. IA Fl o •C /, . ri .f.,,,,,,,...,„ 0, i'' -.! ' !s m.- 4- ' -- I e I ` GRACE BIBLE CHURCH CH- an a_ Ei ).1 STRAWBRIDGE CAMPUS •s a, 2295 NCN ROAD PIN 240S 70 0207 O S _ t` A . ; • -� - 1 11 GZ o: • CUP-MODIFICATION OF CONDITIONS Ueld a4!S Ien}da3uoD pasodo.ad 6110 TT aged L wall epuaay Dui `ipeag e!uianA Jo pimp algi8 a3ea9 rn • n o m cp g o .. • • l'4 rid' x' se;.. �' 3.- _ t. ��LL „� �];� ,/h ► • I-^-+4 I I t..- •I - - ! r ,t I. .''A�'• ." //.✓/r 0',/I�'I/ . ��• � .1 tom' 9/f .111.\...: .....-...f, @ 1: J /i' l/III I • .' V 7 0, . -741 .1-_A•y A:: ss, ti-,. Lai bile • '�� ij 7. f may@ .i ^1 •Its: i Ir.�Irc •fRLt ...4 -t�� W, -spy •-�.13::,,, ----_ _-=1J111111 ' _ y �T ``Z ` ..'ter , \ /9,/,', ' • It: ii - •- ' s &kIBt .HUR • tit • � STRA BR DGE CAMPUS INI!¢ 2295 LONDON BRIDGE ROAD IC 7002iO }i - ` ' �/� COUNCIL DISTRICT IS YIRGINIA BEACH / ° �a \^.7 w.-!......• . "''Y` CUP-CONCEPT LANDSCAPE PLAN ueId adeDspuel IenldaDuoD pasodoid Proposed Building Renderings D a 1 •1i�" / *+4, C w A P W-2- , , Itliti•:IL-7' (7) w u Ili u a IT11 • ,r - W IL A ,.._,T. , .. li0 — u.J ,_•iir,,X Ili_ es a W = Z f h Dw iCI. z a il az LL J Q _ W Q U I I51 - I ' ... ___ �vT+ N. I 0 W- 4465 i. ...., . a !,?-....., - . /L. , , L.,. 1 ' '� 0 - ` :_tea.. _- ,.. .._.••. ' [E, ;IV Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 12 of 19 1 0 trl N ,VISIONEERING STUDIOS 9 O IL 73 -EIFS-PAINTED ALUMINUM CLAD EIFS-PAINTED CD iO. 'VERHANG CD t„1 t i ?R �t x'h .47 N. a all 14 . .N[ rI MI 1■1it : ; I in v SOUTH H BACK ELEVATION PH 1 • EIFS-PAINTED ALUMINUM CLAD gigniFR ,A OVERHANG - i; 111Villill q ' �s -, . 4--s.L j �� _' rr - fD ri ( � i < ciVs/EST SIDE ELEVATIPH 1 ao OQ QW [I GRACE y Bible Church Strawbridge Campus War, 0 rD ? Proposed Monument Sign ;`� ,,' • .rya ` .�. .�► • ate, I. "I" V. illPrAtt tot.- , _,,,,,,4„, - . , _ ir 1 al M, -r Y • ,.... . .. }, Bible Church tip:• • tip l . 3: '' Wit. -se�-' ir. iff v xt1 Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 14 of 19 Site Photos .• --..r • .1om; ITT Jr ..y. 4ia K 14.6. l . • \ • • • - rt 41/10 �v.....- �e =�_•.rP�.df4:.,,�:r:,e�J4�.F...i.1.i63..sElcv..c_......aWr:�.l 4r.,K?r,1 '► "�C.h r" Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 15 of 19 Site Photos 4 . _ ,s. . .. . . . ... .............. _________„ ... Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 16 of 19 Disclosure Statement VBCITY OF Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Grace Bible Church of Virginia Beach, Inc. Is Applicant also the Owner of the subject property? Yes®No® If no, Property Owner must complete SECTION 2:PROPERTY OWNER DiSCLOSURE(page 3). Does Applicant have a Representative?Yes®No0 iJ yes,name Representative. R. Edward Bourdon,Jr., Esquire Sykes, Bourdon,Ahern&Levy,P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®NoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary l or affiliated business entity?relationship with the applicant.(Attach list if necessary.) Matthew Breitenberg,Treasurer;Stephen Carlson,Moderator;Eric Sanzone,Director;Charles Kelly,Director; (Russell Pound,Director;John Lopardo,Director;Doug Daughtry,Director Does the subject property have a proposed or pending purchaser? Yes 0 No® If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes()No® If yes,name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Financing(mortgage,deeds of trust, ® 0 TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 ® Disclosure Statement I rev. May-2024 page 1 of 3 Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 17 of 19 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) { eN 0 Accounting/Tax Return Preparation Architect/Designer/Landscape O O gam,Morris,Visaneering Studios Architecture Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 O Brad Martin,WPI. Q © R.Edward Baadon,Jr,Est„Sykes.Bourdon.Mnw 8 Levy.P.C. Legal Services AFPI_{CANT ERTIFICA.TiON 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. At kr7 r'e $arc i cep tent¢ q•3.2¢ Applicant Name(Print) Applicant Signature Date "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§2.1-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise o 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): 11/19/2024 _ Alexis Bails 11/21/2024 Staff Name(Print) Staff Sig ure Date Disclosure Statement I rev. May-2024 page 2 of 3 Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 18 of 19 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. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 19 of 19 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 7 Grace Bible Church of Virginia Beach Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Alcaraz: Guys. Congrats. Just stay in compliance. Next agenda item. Madam Clerk:Our next agenda item is item#7, Grace Bible Church of Virginia Beach Inc. Mr. Bourdon: Good afternoon Chairman Alcaraz,members of the Commission, Eddie Bourdon, Virginia Beach Attorney representing Grace Bible Church. Before I get into this application. I want to just follow on to what y'all just discussed, and it's not the city's fault Ms. Byler is absolutely right, but because we do a lot of real estate as y'all know, and there's been a lot of confusion with these, what's grandfather's and what's not. I can't scores of calls over the last five years from people, and from my associates, and partners about it, and I think staffs doing the best they can, and it's getting better, but it's fraught with these kinds of errors. People think their grandfather,and then they're not,and it isn't isolated, it's a there's a lot of it out there,and I think most of it's been handled at this point,but you know, I think you're correct. I think these people are earnestly trying,and it is confusing, so anyway. Sorry to get off on a tangent. Mr. Bourdon: Alright, thank you. I stayed out of the short-term rental thing from the beginning to the end because it is an administrative,and I said it's not a criticism of the of the staff,it's an administrative. I don't say nightmare,but it's a lot to handle,and I think we all know that so. I understand exactly what the Commission's interest is on this. Okay. This particular application, I've been involved with this since 2017, the Smith family owned this property for 60 plus years. Properties all around it developed residentially, and then the Oceana circumstance, the BRAC circumstance all came about,and they are stuck with this 60 acres in the middle of residential area that can't be developed with anything residential on it. Grace Bible came along. The property been marketed for a long-long time, it's really not a great location for commercial,and they in 2017 came in. It's all zoned agriculture by the way. Today including the"out parcels"of the two parcels on London Bridge Road are all zoned agriculture. Anyway, it's 2017 came in got a conditional use permit, they did seek B 1 A zoning on the two out parcels, and withdrew that because of there being opposition to it, and then got caught up in the stormwater modeling, and are updated and much heralded for good reason stormwater policy changes. Well, turns out that London Bridge Road when it was widened back in the in the early 90s, it's a VDOT project. They didn't do a real good job with the storm water, and the modeling shows that during significant rain events,public water out of the London Bridge Road drainage system dumps on this property, and we heard that back in 2017 and 2021 from the folks in Pine Ridge, who did the engineering for that subdivision, left a little bit to be desired back in the 70s too. So in 21, the church came in and with the modification to put a bunch of underground storage on the property,and build a large church. The reality is it's not economically feasible, and the city staff has been,this isn't a criticism,and they've been helpful throughout the process,and recognize that what I'm saying is accurate,but now because of you know just economic reality of what that all would have cost,we're scaling back on the plans, and you know pushing the building closer to London Bridge Road less impervious surface reducing the size of the of the church,and the size of the parking significantly. We've met with the neighbors to our south and southeast, and you know there's no objection. They were supportive of the original application,which larger church closer to their neighborhood. We've kept the buffer that we had as a condition back then. So, it's really it's just a downsizing to make it economically feasible. We don't know that there'll be any assistance from the city. There is a fund that the city has started, and will continue to add to it. Hopefully every year to help the situations like this where, you know, property owner didn't have anything to do with creating the problem but there's a problem with the drainage from public water coming on to private property, and I'll also note that there's a significant wooded section of this property. There's also a wooded section of the out parcel and front on the western side of it that's not being touched,and that really hopefully soon with some state enabling legislation can be given some stormwater credit because it does help from the stormwater standpoint to have a substantial forested area that is not being developed. Alexis who's done an excellent job. I am going to compliment her on all of her work on this request she said in the staff report. There's really nothing, but a downsizing this taking place here. I will mention that the frontage of this piece of property is 160 feet on London Bridge Road. Mr. Mauch's concern about the sign. It's been a condition all along that it'd be no more than eight feet in height, and there is the ability, if in fact the elevation of the ground is below the road we can certainly, do some filling a little bit, and raise it up, so it's visible, but we're perfectly fine,have been perfectly fine with the eight foot height all along,and the conditions is recommended are all acceptable to the church. I will be happy to answer any questions that you may have. Mr. Alcaraz: Alright. Mr. Parks? Mr. Parks: Mr. Bourdon, the landscaping on the new plan is even more so on the baseball tip that corrects. Mr. Bourdon: Yeah,that particular doesn't show the landscape buffer. Mr. Parks: But that's the 21 plan,right? Or is that the current one? Mr. Bourdon: That's the current plan. The 21 plan, the building everything was further back closer to that tip, but there you go. That's the landscape plan from 21 which we're keeping on this plan. Mr.Alcaraz: Alright. Do we have speakers through Webex? Madam Clerk:We have one person that wants to speak it in person. If Michelle Cleland could please come up for speaking on item#7. Mr. Alcaraz: Good afternoon. Just state your name for the record. Ms. Cleland: My name is Michelle Cleland,and I'm the adjacent property owner at 2285 London Bridge. I actually have a lot of frontage on London Bridge that does not drain well as opposed to just the 120 feet that the church does. So I'm actually the parcel that is between their driveway and Pine Ridge. The modification that is presented does not address how the substantial runoff from the proposed parking lot directly abutting my property as well as from the proposed entranceway will be handled. I also request language be included in the permit conditions that will restrict project and that additional facilities will not be added piecemeal in the future as a way to circumvent the original stormwater design. So I respectfully ask for you to defer your vote on the CUP modification until storm water impacts to my property are addressed and verbiage is to restrict future expansion is added. The current staff report itself notes that one of the reasons for,they're recommending approval is that the project's modified orientation pushes it closer to London Bridge,and away from the residences. Well this is closer to me, and I do not feel that the impacts to my property that I've paid taxes on since I purchased it in 23 have been evaluated as carefully during this review as impacts to the residences during previous reviews. For example, where the adjacent parking lot is proposed the current grade slips down from the center of that field towards my property. The permit condition#10 states that parking lots, which have now been shifted "must be at current grade to adjacent properties." This concerns me greatly what strategy is proposed to handle the significant parking lot runoff, and is it adequate. My pasture that abuts the proposed large entrance driveway is also at risk if the entrance is not designed properly. An adequate stormwater management will flood me out,and significantly degrade the value and use of my current property currently and in the future. So,I hope you understand my high level of concern,and I wasn't here for the several go rounds so if you're hearing. This for the first time there was nobody to speak about this parcel previously. The response to my questions from the stormwater team was basically that details are not required at this time as this is a conceptual plan, however,I don't see a conceptual plan here that addresses all of the runoff from this project, only that portion affecting the residences. The stormwater ponds will not be handling all runoff, so what will? I believe this is a fair question. This part of the project should not be an afterthought as there is significant drainage that is not being directed towards the conceptual stormwater ponds. Condition number eight requires conformance to this conceptual plan, but this plan is incomplete as presented in my opinion. I'm not anti-project, and I sympathize with what the churches been going through for these last several years,and I look forward to good neighbors. I just want a project where all the impacts have been reviewed, Project Creep will not occur,and it can be done right the first time. Mr. Alcaraz: Thank you. That concludes your time Mr. Plumlee: Thank you very much. Your home on this plan that we're looking at? Ms. Cleland: There's no residence allowed by proffer on this. I use this property for agricultural purposes. So I have poultry, I have beehives. I do have a conditional use permit myself for wildlife rehabilitation,and it's all done within the boundaries. Mr.Alcaraz: Was that recent? Ms. Cleland: Yes. Mr. Plumlee: No question you have is unreasonable. Are you having flooding now in that location, and where would it occur roughly. Ms. Cleland: I would not actually term it flooding. I do feel that this area was all a floodplain to begin with. So, I think it's functioning that way. When I do get significant rainfall actually doesn't even have to be that significant. You can have water ponding on the surface, but then it infiltrates. So I do not have major flooding at this time on this property. I'm able to use it exactly how I need to use it. So my biggest concern is that parking lot boundary because everything, you've got an acre of impervious surface that's sloping down towards my property line. Mr. Plumlee: So I've not heard any objection to the use generally, it's strictly the potential for additional runoff. Ms. Cleland: The way this is presented, at least it was to me, is that y'all are gonna be voting on a conceptual plan, and I don't see any details. There's actually, it's been very interesting looking at the other projects that have been presented before this. Are there gonna be ditches? I mean are there conveyances? Are there underground, I mean I just think to wait till after the fact,and this is my only opportunity for public comment. I believe that, I saw what happened at Sherwood Lakes, and to have to see that there are mistakes or oversights that are done in the city has to go in, and put a multi-million dollar pump station in because suddenly I've got three feet of water standing in my and Mr.Dunn's property next to me because really I don't see where conceptually, how is that runoff handled. Mr. Plumlee: Have you been in touch with the stormwater department here. So you voice this concern with them directly. Ms. Cleland: I did and I was told that— Mr. Plumlee: You were informed that after today's meeting you would have a chance to participate in discussions with them, return calls to them, follow up with them, if there is a problem caused by this. Were you informed of that? Ms. Cleland: No, I was not. Mr. Plumlee: I don't know if your ducks will mind the additional water, but I think we can't ask the applicant to address some of your concerns, I really appreciate it. Thank you. Mr. Mauch: I don't think this is necessarily a question for you. I appreciate you coming up,and addressing this concern specifically because a lot of it has to do,we talked about in the informal session,which unfortunately unless you're there you don't get a chance to see it. So these questions,hopefully can be answered through the conversations that we have in our informal, but we are also not privy to seeing the finalized stormwater management that goes on. So we have to take the same as you, the city's word that they're gonna be doing their job, that the developers are gonna be developing it appropriately to the standards that are set,and so we have full faith in our city to do that, understandably things have happened in the past, but moving forward we have standards that are set,and it's one of the most stringent stormwater standards in our country. So I have full faith that if this project is to go through that the stormwater standards would be adhered to. With that being said, you know, I do think that we need to make sure that runoff, if there is any, which there won't because 100%of your water that is supposed to be retained on site,but it would be nice to have continued conversations with the city to make sure that the plans are just that. So thank you,thank you for your comments. Mr. Parks: I just wanted to let you know to that this isn't your last chance to make public comment because this will go before City Council as well,so that would be another opportunity to then make whatever comments make whatever comments you need to make them too. Mr.Alcaraz: Alright. Thank you. You can be seated. Mr. Bourdon: I appreciate Ms. Cleland coming down. The models have been run on the previous larger plan, and they clearly, and Mr. Mauch absolutely correct, we cannot discharge any water beyond what is currently coming off the property now with no development, and the water that is coming off the property today with no development is going to the south. It's not going uphill to London Bridge Road, and during a hundred year storm, the drains that are there on the south side of London Bridge Road adjacent to what was Mrs. Smith's property,water is coming out of those, not going in to those. Alright, so our drainage will go to BMPs that depicted on here could be larger. There's plenty of room. We won't be going into the woods, which we're getting no credit for keeping that as it is for which water does go into there as well from London Bridge Road, in a hundred year storm, but we have no issues whatsoever with regard to. We will not be putting water on to Ms. Cleland's property. It will not drain onto her property from this. With that all the conditions that are in the staff recommendation are acceptable. Mr. Alcaraz: Any other questions for Mr. Bourdon? Mr. Parks: Not so much a question, I just wanted to make a statement that we talked about in the informal,and I think Commissioner Mauch touched on it. This will be stamped by professional engineer at the end of this job. It's not going to be an afterthought. Mr. Alcaraz: The lawyers don't count,that you can't stamp it,you understand that. Mr. Bourdon: No, I absolutely know that. I listen to those engineers. Mr. Parks: But it will be stamped by licensed professional to ensure that water is not being drained across the property. Mr. Bourdon: If I indicated that was going to put a stamp on it. I have no stamp to put on it, but that's what we have engineers for who have been familiar with this since the beginning. Mr. Alcaraz: No other questions. You can be seated right now. We'll close it and open it up for discussion, if there are any comments. Mr. Plumlee: I would like to make a motion, I think the issue of stormwater in this city is extremely high importance, and we have a wonderful professional staff of folks who work very diligently to try to prevent runoff. People understand in our state, it's a common enemy doctrine with runoff. It's your problem. That's what the common law of our state says, so we depend on the city saying that might be the common law of our state, but we're going to assure. We're not approving a plan that does not take this water, and prevent it from becoming the burden of our neighbors. So that's why I have faith in this, and so I'd like to make the motion to approve it. It is a reduction in the size of this building, it is a reduction in the amount of impervious service. So you will be benefited by this being approved as opposed to what was previously approved. So I want to make that point. Mr. Alcaraz: Motion by Mr. Plumlee. Second by Mr. Mauch. Is there anybody abstaining? None. Any other additional comments or discussion? None. Okay,we're open for vote. Madam Clerk:We'll just do a verbal vote for Mr.Alcaraz. Mr. Alcaraz: Yes. Madam Clerk: By a vote of 10:0, item #7 Grace Bible Church of Virginia Beach Inc. has been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. All conditions of approval attached to the Modification of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "CUP—Modification of Conditions," prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, "Grace Bible Church Red Mill Campus," prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "CUP —Concept Landscape Plan" prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled," Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All other outdoor lighting fixtures, included building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits& Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. 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. November 4, 2024 Ms. Alexis Bailey City of Virginia Beach Department of Planning 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 Dear Ms. Bailey, I am writing in regard to the proposed conditional use permit modification application submitted by Grace Bible Church. While I gladly acknowledge the effort to downsize the project and plant native species,the resulting project appears contribute 2-3 acres of new impervious surface in the Southern Rivers Watershed Management Area and this modification should be evaluated with that in mind prior to approval. As an adjacent property owner, I submit the following concerns regarding this proposal: I. STORMWATER 1)The capacities of the proposed stormwater ponds are not included. Groundwater in this area (originally floodplain for West Neck Creek) is likely quite high, which would reduce the capacity of the ponds. Are they designed for 100 yr, 500 yr, 1000 yr storm events?The areal size and number of ponds shown on the concept drawings could change dramatically and not be able to handle the actual stormwater runoff as intended. Current data is needed to avoid a flooding situation where the City would have to come in afterwards and install a pump station (e.g. Sherwood Lakes). 2)The design calls for large expanses of parking lots with limited setbacks immediately adjacent to my property and my neighbor Mr. Dunn's property.The impervious surface contributed by the parking lots is actually greater than that of the building footprint and is a significant issue. No specific stormwater handling methods and calculations are identified. One plan I saw mentioned drainage ditches. Ditches fill quickly, so who is responsible for maintaining them, how is that performed and how often?Where do they drain to?What is their capacity and is it sufficient for the amount of impervious surface they are intended to drain?These areas are presently extremely wet after any rainfall and also abut the forested wetlands. Ditching might affect the protected wetlands negatively, which could be a wetland violation and lead to additional stormwater modifications.The granddaughter of the original horse farm owner told me she couldn't count how many truckloads of sand her grandfather hauled in to try to drain that area. It is VERY wet. This parcel was likely not under intensive cultivation for a reason— most farmers will avoid the wettest areas and the history of this parcel tells that story. 3)The church entrance plans I saw are vague in terms of construction details, but the resulting impervious surface should be included in the stormwater evaluation. The frontage along London Bridge serves all three parcels. Will runoff from the proposed turn lane and the driveway be directed away from my property? Will the runoff from those impervious surfaces be handled adequately? I have active beehives in that pasture closest to the proposed entrance and inadequate drainage would result in my no longer being able to use my property for its by- right uses. 4)Are there mechanisms in place with this Conditional Use Permit modification that will restrict project creep, in that additional facilities will not be added piecemeal in the future as a way to circumvent the original stormwater design? II. CONSTRUCTION 1) Although much attention is given to the decreased scale of the project, construction impacts should be addressed. The church building is proposed to be constructed in the location of an existing pond. How is the dewatering of that pond going to be handled? What is the volume of the existing pond so that the dewatering method can appropriately accommodate that action without flooding adjacent properties? 2) I am not aware of any recent jurisdictional wetland delineation performed on the property. Is the proposed plan in concert with wetland areas?The concept drawings reference forested wetlands but additional forested/non-forested wetlands may also be present, as the land has been out of agricultural use for many years.This may not be something to be addressed at this time but I included it in these comments, as the presence of wetlands may impact the concept design of the stormwater ponds and the site layout, as proposed. 3) As this area is included in the Southern Rivers Watershed Management Area, I request careful consideration is given to the ecological as well as stormwater runoff/flood control functions currently being provided by this parcel.The existing naturalized pond is over 50 years old and is home to wood ducks, great blue herons and green herons. As it is slated for destruction, I respectfully request that any retention ponds be designed to incorporate native shoreline vegetation and natural slopes.The entire parcel, mine included, supports numerous species of birds during migration as well as migrating monarch butterflies. I am unsure of the exact meaning of"greenways" as used in this proposal, but I hope that preservation of old fence rows and existing copses that support native populations is included in the project plan. Preserving existing ecosystem function is significantly easier and more effective than attempting to mitigate after construction. Bottomline is that there are significant multiple stormwater issues still existing with this major project and I hope that the stormwater review will take all this into account before moving forward with approval. I spoke with Mr. Breitenberg with GBC and I definitely appreciate their efforts and sympathize with their situation. Building in sensitive areas like the Southern Rivers Watershed Management Area requires abundant caution and special approaches. It is something I had to consider when purchasing my parcel and guides the use of my own property. Stormwater impacts and flood control are major issues that the City is facing currently and will continue to face as City planners look to the future.The City included this parcel in its Southern Rivers Watershed Management Area for a reason. According to the City's website, "The Southern Rivers Watershed has significant environmental, ecological, and economic value... Stormwater Management and Water Quality efforts are critical." Sea level rise and changing weather patterns are difficult challenges for everyone, and in coastal communities, these are of paramount importance. Data from eight or ten years ago may no longer be accurate and stormwater retention ponds and ditching may or may not be the applicable method in this case. I respectfully request the City's stormwater engineers and planners take the time to evaluate stormwater management, flood control and all impacts of this project in present-day context. I am not against this project; I just want it evaluated correctly at the planning stage prior to approval. I wholeheartedly wish for the outcome of the City's review to be a project that has been evaluated fully with attention to all impacts and that can be constructed in this sensitive area with great assurance that effective safeguards are in place for the existing adjacent landowners and communities.Thank you for your time and consideration. Respectfully yours, Michele Cleland 757-617-2307 mlhcleland@gmail.com owner 2285 London Bridge Road,Virginia Beach, VA 23456 f'il w ♦� A ., --.<., �1]Z ��rr' I..1 INCj'rJr7 ��r11111 A1 2` �48 'ppa A.122 iiii i limi a `. �4' s\ A;12_A1.2 '1 Al2 �A�1s2 �r��' � �� R7.5 Al2 � • O.6 . r , o Cl �?4 ,►R5D •. , o >>!, Al2$4 . . � RM 6// ,_3 A,12 W2t4POt'll , 1,4t R5� ' R5D �iIR7 i1,01 B2 . .o 40- �► Al2 Al2 ♦ is \R5D .. 41; 6 B2 N1/4, R.20 4IP c 2, 140,, : itt„ ....: ba �0 'A.12 �, 0 7p0817 A71y2• �-,.o - - .•� -. : A:1�2 .�� sg Al •� q�2 = P1� ,Q��o,� , Al2 ity B2 w� �� A,1=2 P1 B2 Al�8 .A1-8 8 0 0 A1,2�� .... ' *� 0 erA1s2.;Q A�12 'C mmHg ` , ••� *-+ nil 1 1i-i i 0 42h ii7, ii"••• /31-3 FA-1 2 nit 112111;11=7:....:A'111' 8..- g-� /ti0 ,; % B-2�B23co limn ��:B2 /0 /1'v` Al2 � ; �� 1=. INN B2 ' Al2 Al2 - L`'- :A1111.81 Bat B2 iI .-�,•�; JJIA12 -� A1�2 '' � ii g.� B2 B2 B2 = a., 1I�,�►i v'C% A1*2 � -2 --: 1 At2 /A-12 " B2 62 \ �t. , 4 Al2 R7 5 0- B 2\ i B2 Q 1- =AlliViAl2'2 ,Al2;. --- .....c._ N °1 W 4. �� site Franklin Group Companies, LLC -fo.E Portion of 6366 Virginia Beach Boulevard S Property Polygons Zoning — mom= =Nom Feet Building 0 80160 320 480 640 800 960 SOS j CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: FRANKLIN GROUP COMPANIES, LLC [Applicant] TAA CORPORATE CENTER OFFICE PROPERTY LLC [Property Owner] Conditional Rezoning (B-2 Community Business to Conditional 0-2 Office District) Conditional Use Permit (Housing for Seniors and Disabled Persons) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for a portion of the property located 5366 Virginia Beach Boulevard (GPIN 1467680155 (portion)). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: December 10, 2024 ■ Background: The applicant seeks to rezone 6.8-acre portion of an existing 11.9-acre parcel from B-2 Community Business District to Conditional 0-2 Office District to develop a 172-unit independent living senior housing facility. As the housing will be age- restricted to persons 62 years of age or older, a Conditional Use Permit for Housing for Seniors and Disabled Persons is also being requested. Additionally, a Subdivision Variance to lot width and street line frontage requirements are also requested, as there is no direct access to a public street from the proposed lot. The site is currently developed with the AAA office building and will be subdivided to create a separate lot on the northern (rear) portion of the site for the proposed development. The development will have an overall density of 25.29 units per acre. The 172-unit senior housing facility will consist of one, four-story building, with a total floor area of 208,200 square feet, within a building footprint of 52,050 square feet. The total height will be 56 feet with an exterior façade comprised of brick veneer, vinyl lap siding, fiber cement, panel siding, black vinyl windows, and metal fascia. A variety of amenities to include pickleball courts, grills, fire pits, and outdoor seating areas, as well as indoor amenities including a clubroom, game room, hair salon, library, and fitness center. Deviations to the landscaping requirements are included with this request. Per the City Zoning Ordinance, a 20-foot wide minimum buffer with Category IV landscape screening is required along property lines that are adjacent to residential and apartment zoned properties. The areas along the northern and eastern property lines will remain heavily wooded exceeding the 20-foot minimum yard buffer, with buffers totaling ±40-feet in width. While the required buffering will be provided along the northern and eastern property lines, the applicant is requesting a deviation in accordance with Section 107(i) of the Zoning Ordinance to the 20-foot minimum yard with Category IV landscape buffer along the western property line. Franklin Group Companies, LLC Page 2 of 6 In lieu of the required 20-foot-wide buffer, a 10-foot-wide Landscape buffer will be provided, as noted in Proffer 6. Adequate parking is provided on site with a total of 193 spaces provided where only 172 are required. A Phase 1 Environmental Site Assessment (ESA) was provided with the application. The Phase 1 ESA found that due to a former nursey operation conducted on the site, use of potentially hazardous materials could have negatively impacted the soil and surficial groundwater aquifer in the area, if there was gross negligence or improper handling, storage, or disposal of substances considered hazardous. Due to this, Condition 9 is recommended stating that a Phase 2 ESA shall be provided prior to the release and site permitting of the final site plan and that any remediation required shall be completed and written confirmation provided to the Department of Planning & Community Development, prior to the release of any building permits. A Subdivision Variance is also requested for the deficiency in lot width and street line frontage. The new proposed lot will be deficient by 100 feet of lot width and 80 feet of street line frontage, as there is no direct access to a public street. However, access to the site will be provided through a 30-foot-wide access easement to be established for the benefit of the proposed parcel. A Shared Access and Maintenance Agreement between the two subdivided properties shall be submitted with the subdivision plat to guarantee access to the rear parcel, as recommended in Condition 2 of the Subdivision Variance recommended conditions. • 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 development's cohesive layout maximizes the use of the site with outdoor and indoor amenity space for the senior residents, on-site personal services, retention of existing vegetation along the northern and eastern property lines, a logical traffic flow, and ample landscape screening. While the site does not have direct access to a public street, the applicant will provide a connection from the building to existing pathways along the adjacent site. A five-foot-wide sidewalk is proposed that will connect to existing sidewalks on the site that lead to the existing sidewalks along Virginia Beach Boulevard. This will provide senior residents within the development a safe way to walk or bike to nearby businesses. Bike racks have also been provided throughout the development contributing to activating a pedestrian and active transportation network on this site. Staff recognizes that the proposed density of 25.29 units per acre exceeds the density of the surrounding properties which are at or below 18 units per acre. However, the provisions of Section 235(b) of the City Zoning Ordinance state that Franklin Group Companies, LLC Page 3 of 6 City Council may set the density of a Senior Housing project based on conformance to the Senior Housing Facility Development Guidelines and the adequacy of the services and facilities proposed. While the density may be higher than several of the multi-family developments in the surrounding area, the development will put less strain on our public infrastructure, with little to no impacts on our roadways and schools. Furthermore, the Senior Housing Facility Development Guidelines state that senior housing facilities are characterized by densities above those typically found in conventional multi-family dwelling structures. The variance request to lot width and street line frontage requirements are compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. Staff and the Planning Commission concurred that the deviations to the lot width and street line frontage will not negatively impact surrounding properties but will allow this approximately 6.8-acre undeveloped site to be developed with a quality independent living senior facility option for aging citizens of Virginia Beach. Through conversations between the applicant and the adjacent property owner to the west, the applicant revised the Conceptual Landscape Plan presented to the Planning Commission to add additional evergreen plantings along the western property line. The revised plan and proffers were submitted to staff on 11/15/2024 before the proffer deadline of 10 days before the City Council hearing. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to O. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "GRAND LAKE — VIRGINIA BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "GRAND LAKE — VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, revised November 15, 2024 and prepared by Timmons Group (the Franklin Group Companies, LLC Page 4 of 6 "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA", and dated September 5, 2024 (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 In lieu of the twenty foot (20') wide landscape buffer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10') wide landscape buffer will be provided along the Property's western boundary. Proffer 7 Further conditions lawfully imposed by applicable development ordinances 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. Conditional Use Permit 1 . When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "GRAND LAKE — VIRGINIA BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, revised November 15, 2024 and prepared by Timmons Franklin Group Companies, LLC Page 5of6 Group", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA", and dated September 5, 2024, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. A 10-foot-wide landscape buffer will be provided along the property's western boundary line. This is a deviation to the 20-foot-wide Category IV screening required by the Zoning Ordinance. 5. The property, when developed, shall not exceed a total of 172 senior housing units restricted to age 62 and older. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. 8. The applicant/owner shall subdivide the property. Said plat must be submitted for approval and recordation by the Department of Planning and Community Development. 9. A Phase 2 Environmental Site Assessment (ESA) shall be provided prior to the release of the final site plan. Any remediation required shall be completed and written confirmation of such remediation shall be provided to the Department of Planning & Community Development, prior to the release of any building permits. Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF APPROXIMATELY 11 .892 ACRES FRONTING VIRGINIA BEACH BOULEVARD FOR THE FRANKLIN JOHNSTON GROUP ". prepared by Timmons Group, dated 09/09/2024, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. Franklin Group Companies, LLC Page 6 of 6 2. A Shared Access and Maintenance Agreement between the two subdivided properties, as depicted on the submitted exhibit referenced in Condition 1, shall be submitted with the plat to guarantee access to the rear parcel. 3. A right-of-way dedication encompassing all existing public infrastructure (i.e. sidewalk, power poles, turn lanes, etc.) and right-of-way improvements shall be required with the proposed subdivision of the property. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Revised Conceptual Landscape Plan dated revised November 15, 2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C,(;) City Manager: j (\\ Agenda Items 1, 2, & 3 Applicant: Franklin Group Companies, LLC VB Property Owner: TAA Corporate Center Office Property LLC Planning Commission Public Hearing: November 13, 2024 City Council District: District 4 (Ross-Hammond) Project Details Requests Conditional Rezoning (B-2 Community Business to Conditional 0-2 Office District) Conditional Use Permit (Housing for Seniors and A!► Ai- ' Pr Disabled Persons) A .1., :isit • ...,ofis i► i=�, Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendadon ,' 1 ii °7 Approval 47,41) I' Staff Planner il�`2 , i Marchelle Coleman ,. Location -4- Portion of 5366 Virginia Beach Boulevard 111141 ! 1 GPIN ° Portion of 1467680155 m Site Size 6.8 acres A/CUZ 14* Less than 65 dB DNLWatershed _t Chesapeake Bay j `,jIt % ,, Existing Land Use and Zoning District t. ` Office B-2 CommunityBusiness ` ' ` 1 •t~ a' -o�:.." a t3_ laq+r Surrounding Land Uses and Zoning Districts ,,�'t '� r!F, ..) .. ,� `• North '7` ,� t F r�,,, t -. twit— . Lake/ R-7.5 Residential South -4a .� Virginia Beach Boulevard �. � �: Religious Use / B-2 Community Business "� "`~ .` Mo East Retail, multi-family dwellings / B-2 Community Business, A-12 Apartment West Multi-family dwellings, Distribution Center/A-18 Apartment, I-1 Industrial Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 1 of 44 Background & Summary of Proposal • The applicant is requesting to conditionally rezone a 6.8-acre portion of an existing 11.9-acre parcel from B- 2 Community Business District to Conditional 0-2 Office District to develop a 172-unit independent living senior housing facility. As the housing will be aged restricted to persons 62 years of age or older, a Conditional Use Permit for Housing for Seniors and Disabled Persons is also being requested. In addition, a Subdivision Variance for lot width and street line frontage is also proposed, as there is no direct access to a public street from the proposed lot. • The site is currently developed with the AAA Tidewater Virginia office building with associated parking and a stormwater management facility. The applicant is proposing to create a separate lot on the northern (rear) portion of the site, totaling approximately 6.8-acres, which is undeveloped and heavily wooded. As depicted on the proffered conceptual site plan, the existing stormwater management facility will now be located on the proposed lot. • The 172-unit senior housing facility will have a building footprint of 52,050 square feet and a total floor area of approximately 208,200 square feet. 79 one-bedroom units and 93 two-bedroom units are proposed. • The proffered Conceptual Site Plan and the building elevations depict one, four-story apartment building with a height of 56 feet. The exterior facade is comprised of brick veneer, vinyl lap siding, fiber cement panel siding, black vinyl windows, and metal fascia. • As proffered, the Conceptual Landscape Plan shows the required building foundation and interior parking lot plantings. Per the City Zoning Ordinance, a 20-foot minimum yard buffer with Category IV landscape screening is required along property lines that are adjacent to residential and apartment zoned properties. The areas along the northern and eastern property lines will remain heavily wooded exceeding the 20-foot minimum yard buffer, with buffers totaling ±40-feet in width. While the required buffering will be provided along the northern and eastern property lines, the applicant is requesting a deviation in accordance with Section 107(i) of the Zoning Ordinance to the 20-foot minimum yard with Category IV landscape buffer along the western property line. In lieu of the required 20-foot-wide buffer, a 10-foot-wide Landscape buffer will be provided, as noted in Proffer 6. • A variety of amenities will be provided for residents to enjoy outdoors to include pickle ball courts, grills, firepits, and outdoor seating areas. Proposed indoor amenities include a clubroom, game room, hair salon, library, and fitness center. • Per Section 235 (c) of the Zoning Ordinance, one space for each independent living dwelling unit is required. Adequate parking is provided as the 193 parking spaces depicted on the plan exceed the 172 parking spaces required by the Ordinance. 11 bicycle spaces are required and are provided. • A Phase 1 Environmental Site Assessment (ESA) was provided by McCallum Testing Laboratories, dated August 30, 2024. The Phase I Environmental Site Assessment found no evidence of Controlled Recognized Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 2 of 44 Environmental Conditions (CRECs) connected with the property. A CREC is a recognized environmental condition resulting from past releases of hazardous substances or petroleum byproducts that has undergone some assessment or remediation with satisfactory results. However, the assessment revealed Recognized Environmental Conditions (RECs) connected with the property. A REC is the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property. Due to the former nursery operations conducted on the subject site, use of potentially hazardous materials could have negatively impacted the soil and surficial groundwater aquifer in the area, if there was gross negligence or improper handling, storage, or disposal of substances considered hazardous. There is the potential that contamination may have been introduced into the soil and groundwater through the former wells and septic systems on-site. Due to this, Staff is recommending a condition that a Phase 2 ESA be provided. More specifically, staff has included Condition 9 which states that a Phase 2 ESA shall be provided prior to the release and site permitting of the final site plan and that any remediation required shall be completed and written confirmation provided to the Department of Planning & Community Development, prior to the release of any building permits. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage, as the proposed lot will not have direct access to a public street. Required Proposed Required Minimum Proposed Minimum Lot Lot width (feet) Street Line Frontage Street Line width (feet) (feet) Frontage (feet) Proposed lot 100 0* 80 0* *Variance Requested • As shown on the proposed Subdivision Variance Exhibit, a 30-foot-wide access easement will be established for the benefit of the parcel. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 3 of 44 Zoning History Map Key Request ��4'/&��-�J Res "'1 No. -.A, RSO S 1 \ -Rz 8 A,: MDP Approved 08/15/2023 4. SO MDC (Motor Vehicles Sales & Service e2 \ zt Approved 08/15/2023 l 11 " A'= it dTCRZ (A-12 & B-2 to Conditional B-2) Aill Approved 01/20/2015 # A,2� 1 CUP (Motor Vehicle Sales & Service) ' A��, Al? Approved 01/20/2015 ' Bz CUP (Motor Vehicle Sales) Approved ,h4, � 82 C+ A,2 09/25/2007 4 v r,,at+c,ys� i/ 7s CUP (Motor Vehicle Sales & Service) I; ..:1" ,s a: Al2 / Approved 10/13/1992 CRZ (A-12 & Conditional B-2 to 2 Conditional B-2) Approved 08/17/2021 CUP (Auto Storage Yard & Car Wash Facility) Approved 08/17/2021 3 CRZ (I-1 & B-2 to Conditional A-18) Approved 07/05/2016 CUP (Vocational School) Approved 4 11/08/2014 CUP (Religious Use) Approved 12/03/2002 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 4 of 44 Map Key Request Application Types No. CUP: NON: Nonconforming Use REZ(PD H2(A 12) to P 1) Approved Conditional STC:Street Closure 02/12/2008 Use Permit FVR: Floodplain Variance 5 REZ: Rezoning ALT:Alternative Compliance CRZ (A-12 to PD-H2(A-12)) Approved 06/12/2007 CRZ: SVR:Subdivision Variance Conditional LUP: Land Use Plan 6 CUP (Motor Vehicle Sales) Approved Rezoning STR:Short Term Rental 03/09/2004 MDC: CUP (Student center) Approved7 Modification 08/12/2003 8 CRZ (R-7.5 &A-12 to Conditional A-12) ofDPnditions Approved 001/26/1999 Modification REZ (A-1 to B-2) Approved 07/14/1986 of Proffers 9 CUP (Motor Vehicle Sales) Approved 07/14/1986 10 REZ (A-2 to B-2) Approved 10/08/1984 11 REZ (A-1 to A-2) Approved 12/14/1981 Evaluation & Recommendation In Staff's opinion, these requests for a Conditional Rezoning to rezone the approximately 6.8-acre site from B-2 Community Business to Conditional 0-2 Office District, a Conditional Use Permit for Housing for Seniors and disabled persons, as well as a Subdivision Variance request to lot width and street line frontage are 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. The Comprehensive Plan Policy Document also states that "new residential development on larger parcels should be consistent with the character of any residential uses in the surrounding area, as well as consistent with the guiding planning principles for the Suburban Area". Residential density in the Suburban Area should be low to medium where the surrounding land use patterns and densities are appropriate for such.There are multiple zoning classifications among the surrounding properties to include R-5D Residential, R-7.5 Residential, A-12 Apartment and A-18 Apartment, with the highest surrounding density being a maximum of 18 units per acre. While the Comprehensive Plan is supportive of the proposed use, the proposed density is not supported, as it is higher than surrounding properties in the area. However, Section 235(b) of the Zoning Ordinance states that City Council may set the density of a Senior Housing project based on conformance to the Senior Housing Facility Development Guidelines and the adequacy of the services and facilities proposed. The Senior Housing Facility Development Guidelines state that senior housing facilities are characterized by densities above those typically found in conventional multi-family dwelling structures. In this respect, the proposed senior housing facility, which equates to a density of 25.29 units per acre, may exceed the density of surrounding properties but it provides a cohesive layout that maximizes the use of the site with Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 5 of 44 outdoor and indoor amenity space for the senior residents, on-site personal services, retention of existing vegetation along the northern and eastern property lines, a logical traffic flow, and ample landscape screening. The development of this property with a Senior Independent Living Facility for up to 172 units, in Staff's opinion, will provide much needed housing for aging seniors in Virginia Beach. As stated previously, the facility will provide outdoor amenities and other indoor social interaction services such as a game room and club room, as well as personal services to include a hair salon, library, and fitness center. In addition to the services provided on site, the neighboring property is the AAA Tidewater Virginia office building which provides a plethora of services from travel, insurance, vehicle and financial. There is also an existing pharmacy less than one mile from the development and a hospital less than 2.5 miles from the site. While the density may be higher than several of the multi-family developments in the surrounding area, the development will put less strain on our public infrastructure, with little to no impacts on our roadways and schools. With the proposed rezoning to 0-2 Office District, the average daily trips will be significantly less than if the site was developed with a permitted use in the B-2 Community Business District, as noted in the Traffic Impact Section below. While the site does not have direct access to a public street, the applicant will provide a connection from the building to existing pathways along the adjacent site. A five-foot-wide sidewalk is proposed that will connect to existing sidewalks on the site that lead to the existing sidewalks along Virginia Beach Boulevard. This will provide senior residents within the development a safe way to walk or bike to nearby businesses. Bike racks have also been provided throughout the development which contributes to activating a pedestrian and active transportation network on this site. In addition, Hampton Roads Transit (HRT) bus stops are in close proximity to the site, with a covered HRT Bus stop just east of the property along Virginia Beach Boulevard and another bus stop to the west of the site along Virginia Beach Boulevard. As shown on the Conceptual Landscape Plan, building foundation plantings and interior parking lot plantings will be installed as required. As mentioned previously, a 20-foot-wide landscape buffer is required adjacent to the apartment zoned properties to the east and west of the site. While the required buffer is provided along the eastern property line, the applicant is requesting a deviation to this required landscaping to the west through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." As noted on the proffered landscape plan, the applicant will install a 10-foot-wide buffer along the western property line. Since the proposed use is for an independent living senior housing facility and the proposed buffer abuts the parking lot for the adjacent complex, Staff believes that a 10-foot-wide landscape buffer is efficient and will not adversely affect the adjoining property. For this reason, Staff is supportive of the deviation request. 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. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 6 of 44 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance request to the lot width and street line frontage requirements to be compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. In the 0-2 Office Zoning District, a minimum 100 feet of lot width and 80 feet of street line frontage is required.The new proposed lot will be deficient by 100 feet of lot width and 80feet of street line frontage, as there is no direct access to a public street. However, access to the site will be provided through a 30-foot-wide access easement to be established for the benefit of the proposed parcel. A Shared Access and Maintenance Agreement between the two subdivided properties shall be submitted with the subdivision plat to guarantee access to the rear parcel, as recommended in Condition 2 of the Subdivision Variance recommended conditions. In Staff's view, the deviations to the lot width and street line frontage will not negatively impact surrounding properties but will allow this approximately 6.8-acre undeveloped site to be developed with a quality independent living senior housing facility option for aging citizens of Virginia Beach. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout and circulation. Further review will be conducted during the final site plan review process. It is the opinion of Staff that the traffic generated by the proposed independent living senior housing facility will result in a total of 557 average daily trips, which is lower than anticipated traffic volumes for other commercial uses permitted by-right in the B-2 Community Business Zoning District. Staff anticipates little to no impact on traffic congestion as senior living facilities typically generate significantly fewer vehicle trips. The request was presented to the Senior Housing Advisory Committee on Wednesday, October 30, 2024, and no objections were raised. The Committee was positive that the use is appropriate for this location given its walkability to nearby services and access to existing bus stops to the east and west of the site along Virginia Beach Boulevard. The site is located in the Chesapeake Bay watershed. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. Based on the considerations above, Staff recommends approval subject to the proffers and conditions listed below. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 7 of 44 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, and prepared by Timmons Group (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA", and dated September 5, 2024 (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 8 of 44 Proffer 6 In lieu of the twenty foot (20') wide landscape buffer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10') wide landscape buffer will be provided along the Property's western boundary. Proffer 7 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, and prepared by Timmons Group", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA", and dated September 5, 2024, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. A 10-foot-wide landscape buffer will be provided along the property's western boundary line. This is a deviation to the 20-foot-wide Category IV screening required by the Zoning Ordinance. 5. The property, when developed, shall not exceed a total of 172 senior housing units restricted to age 62 and older. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot- candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 9 of 44 8. The applicant/owner shall subdivide the property. Said plat must be submitted for approval and recordation by the Department of Planning and Community Development. 9. A Phase 2 Environmental Site Assessment (ESA) shall be provided prior to the release of the final site plan. Any remediation required shall be completed and written confirmation of such remediation shall be provided to the Department of Planning & Community Development, prior to the release of any building permits. 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 Conditions for Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF APPROXIMATELY 11.892 ACRES FRONTING VIRGINIA BEACH BOULEVARD FOR THE FRANKLIN JOHNSTON GROUP ", prepared by Timmons Group, dated 09/09/2024, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. 2. A Shared Access and Maintenance Agreement between the two subdivided properties, as depicted on the submitted exhibit referenced in Condition 1, shall be submitted with the plat to guarantee access to the rear parcel. 3. A right-of-way dedication encompassing all existing public infrastructure (i.e. sidewalk, power poles, turn lanes, etc.) and right-of-way improvements shall be required with the proposed subdivision of the property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 10 of 44 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Based on the Comprehensive Plan Policy Document, it states that "new residential development on larger parcels should be consistent with the character of any residential uses in the surrounding area, as well as consistent with the guiding planning principles for the Suburban Area. Residential density in the Suburban Area should be low to medium where the surrounding land use patterns and densities are appropriate for such." (p. 1-61, Comp Plan Policy Document). The preservation of a portion of the wooded area on this site, while doubling this preservation as a landscape buffer along the regional stormwater bmp and neighboring properties is supported (p. B-5 & B-7, Reference Handbook), but the clearcutting of a fully wooded site is not (p. B-5). A landscape buffer from the property at this site is needed between the commercial site and this potential residential development (p. B-7)The inclusion of side paths to Virginia Beach Boulevard and bike racks help activate the pedestrian and active transportation network on this site. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed and is developed with a mature, wood stand of trees and vegetation. There are no known historic or cultural resources that will be affected by this project. �.�. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 11 of 44 Traffic Impacts/Transportation Traffic Counts Present Street Name Present Capacity Generated Traffic Volume Existing Land Use—0 ADT (6.8-acre vacant 74,000 ADT 1 Virginia Beach Boulevard 35,000 ADT' 4 lot) (LOS D ) Existing Land Use 2-3,300 ADT Proposed Land Use 3—557 ADT 1 Average Daily Trips 'As defined by an 'As defined by a 172- 4LOS = Level of approximately 6.8- unit age restricted Service acre B-2 zoned land senior living facility Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Boulevard, in the vicinity of this application, is considered an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150-foot right-of-way section. Active Transportation P/an The Active Transportation Plan recommends the incorporation of a minimum six-foot wide shared-use path along Virginia Beach Boulevard. The plan calls for the existing five-foot sidewalks to be improved to a shared-use path to provide a safer, wider pathway. Public Utility Impacts Water There is an existing 16-inch and 20-inch transmission City water main along Virginia Beach Boulevard. The site fronting Virginia Beach Boulevard currently connects to city water. There is an existing 1.5-inch water meter (City ID# 20140097) and a fire meter (City ID# 95142548) to the site. If the property is subdivided and developed, the new property will need their own water service connection to the city main. Private utility easement may be necessary. Sewer There is an existing 10-inch City sanitary sewer gravity main and an existing 16-inch City sanitary sewer force main along Virginia Beach Boulevard. The site fronting Virginia Beach Boulevard currently connects to city gravity sewer. If the property is subdivided and developed, the new property will need their own sanitary sewer connection to the city main. An 8" lateral would need to be extended for the apartments. Private utility easement may be necessary. HRSD flow acceptance will be required for flows greater than 40,000 GPD. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 12 of 44 Public Outreach Information Planning Commission • The applicant reported that they invited the adjacent property owners to an in-person meeting held on Wednesday, October 30, 2024 at the Clubhouse at the Renaissance Apartments on Witchduck Road; however, there were no attendees.The applicant's representative has discussed the proposal with five of the adjacent property owners by telephone, however, they were unable to attend the in-person meeting. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 13 of 44 q� 1 t O ' s "1! �s i _l °'t tmu.lG u.,..c g' V) _:. _ ERI�CMHIG ii ii. "CIICYDDO\MC 04'AW.0-0,41 / .A ; 'I ley, rttati. + }\ Q. / l n ''+t f- . ) • roTumm�c"?,. m O - f '1Mh'," T7 ' �"�A,.'. . •"f_7iyi 1h`` �' ,r !. Jl4 MlEMi3r11C�N�fM}) 0IIwFs/IA, ! R It' • o AO• tf slNc 66r-7i,siilfl is+xMl�iwwcs fD e,, ! 44, 1 '! 3aB = ts •se n srKe '0 r• ,- . tM SS. 51N( eB1t:3Hd'EE TOTAL BFC'.SIKFS mon +. !� IOW816 PICKFRvsnrD 1 _ . WI COMM! 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'.:..' - ..:, ,', IfAIT g� fi P Z441. � i s + ,yam UT� '��›Ti P , - Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 20 of 44 Disclosure Statement vsVIRGINIA 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 Franklin Group Companies LLC Is Applicant also the Owner of the subject property? Yes()No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No() If yes,name Representative: Robert P. Beaman HI, Esq.-Troutman Pepper Hamilton Sanders LLP 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 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Please see attached. Does the subject property have a proposed or pending purchaser? Yes®No Q • Same as Applicant 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()No0 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-collateralitation,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 21 of 44 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Cox,Kilmer&Associates(Herb Shark) Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent 0 O Timmons Group(John Zaszewski) Legal Services O O Troutman Pepper Hamiton Sanders LLP(Rob Beaman) 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. Wendel T0.y Le Fm�.nk1;n 10/7/a.14 Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities shore 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)• 11/19/2024 Grlt. Marchelle L. Coleman 11/19/2024 Staff Name(Print) Staff Signature Date Disclosure Statement rev. May-2024 page 2 of 3 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 22 of 44 Disclosure Statement EXHIBIT A Applicant Officers,Directors,and Affiliates List [See attached] Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 23 of 44 Disclosure Statement lie-Zanine Application of Franklin Group Companies.LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors,members, trustees,partners,etc.,below: 1. Applicant's Name: Franklin Group Companies, LLC (formerly known as Franklin Johnston Group Management&Development,LLC) 2. Managers of Franklin Group Companies,LLC: a. Wendell C.Franklin b. W.Taylor Franklin 3. Members of Franklin Group Companies,LLC: a. Beach One,LLC b. Thomas Christopher McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. FGC Canopy Office,LLC b. FGC Canopy Outparcel,LLC c. Southern23,LLC d. TFJG Canopy,LLC e. 925 Apts.I,LP f. 925 Apts,II,LP g. F&J Developers,LLC h. Shorehaven Developers,LLC i. Pickett Farms Developers,LLC j. GreenPlain Properties,LLC k. Aquia Apts.,LLC 1. Aquia GP,LLC m. Aquia Developers,LLC n. Kellingwood Apartments,LLC o. Franklin Johnston Associates,LLC p. Southern Pine One,LLC q. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts.LP q. BelleHarbour GP,LLC r. Fountain Park Apts LP s. Fountain Park GP,LLC t. South Riding II LP u. South Riding II GP,LLC v. SLN 5100 LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP,LLC Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 24 of 44 Disclosure Statement y. I Square Apartments LP z. I Square Apts.,LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk Southwind Apts LP Il. Southwind GP,LLC mm. Spring Water,LLC nn. Sum nerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodbeny Forest Apts LLC rr. TFJG Price Street Apts.I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP I,LLC vv. Renaissance Apts.GP II,LLC ww. Renaissance Apts.III,LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts.I,L.P. aaa. Renaissance Apts.II,L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts.II,LP fiT. TFJG Price Street GP II,LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC jjj. Clairmont Associates GP II,LLC kkk. Franklin Asset Management Ill. Curlew Apts.I.,LP maim. Curlew Apts.GP I,LLC mm. Summerland Heights II,LP 000. Summerland Heights II GP,LLC Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 25 of 44 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application TAA Corporate Center Office Property,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes®i 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 2 relationship with the applicant.(Attach list if necessary.) Please see attached Exhibit B. Does the subject property have a proposed or pending purchaser? Yes® No If yes,name proposed or pending purchaser: Same as 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 O No 0 I yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER ' (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor ® Q Thalhlmer(Clark Simpson) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 ® Engineer/Surveyor/Agent 0 0 Legal Services O 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. EA L ,I. Cy►- 9-zs-lazy Property Owner Name(Print) Property ne Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 26 of 44 Disclosure Statement EXHIBIT B Property Owner Officers,Directors,and Affiliates List [See attached] Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 27 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL OFFICER AND DIRECTOR LIST* Effective as of June 4,2024 TO ALPHA!HOE% Table of Contents Automobile Club of Southern California •• • • to•»,.,,,,,,»,,,,»,,,.....I ACSC Management Services,Inc. . 1 Interinsurance Exchange of the Automobile Club ,,, •2 Wawanesa General Insurance Company • 3 Club Exchange Corporation ,....„ .....-•..... ...... ........................_...........___......2 Automobile Club Inter-Insurance Exchange„ ,..... »..,,,»,.. ., ....... , ......2 Auto Club Family Insurance Company • • , • Auto Club Services,U C • • • . ..»«,.,r 3 AAA Texas,LLC . •• 4 AAA New Metdap,LLC...,,, . . , • ,..... 4. AAA Hawaii,LLC. . .., ,...4 Auto Club Enterprises ,5 Alabama Motorists Association,Inc ..._.._._...»«. ».«...««.. «.„....,,__.......«....., ..... ..5 Automobile Club of Missouri , „„,, 5: Club Insurance Agency,Inc .....«.».«.r«„.... ....•._.•.......• _. AAAArkansas Insurance Agency,krs~_. . .,.....,....«,..„...«»..„...... «........„«»........6 AAA East Central AAA East Central Insurance Ap on*tire.,.... __.....».. « «..„.«.....».« „.... _ T The Ashland County Automobile Club _„„„...«,..,, « _7 The Massillon Automobile Club........_ « . .„ ... . __ • ...:,_,.,,.,,. • Auto Club Driving Schools,Inc „...„...«.« .._...,... Condor Condominium Association MA Northern New England AAA Northern New England Insurance.«:.«..««,... __ ._ ««....«. „«........... _ 8 MACar Care Center «....„ . «.... ..... « ..».... .»«..:>) AM Driving School,.Inc Triple A Leasing Hewins Travel,LLC Tidewater Automobile Association of Virginia.Incorporated AAA Tidewater Virginia Car Care Center,LLC.....,., 10 AAA Tidewater Virginia Fleet Operations,LLC.....« ...._, ...... . «. _ 10 TAA Chesapeake Branch Office Properly,LLC. .. »«. „. ......,«....„....... __10 TM Corporate Center Office Property,LLG . . . —....+»...,..» «.»... 10 TM Greenbrier Car Care Center Property;tit. _ ..„,......„--„,..10 TM Hampton Branch/Car Care Center Property. TM Newport News Branch Property,LLC:.,,_ TM Norfolk Car Care Center Property,LLC,. TM Suffolk Branch/Car Care Center Propel*.LLC.»„_..«» „,..««.. « • .11 TM Virginia Beach Branch Property,LLC TM Williamsburg Branch/Car Care Center Property,4I.CC, ,,.-.,-„' . ,,,,,,,,,,,,,,,,«„12 Motor Club insurance Company....................«.,,,,...,,,,.......„..«.. .... ..,x....h.........12 Automobile Club of Southern California Life Insurance ........... ..»:..,.,....,„„.,.12 Auto Club County Mutual Insurance Company...., , - 13 Auto Club Casualty Company .......«....,«..........,.»«.,..._..__.,_....«.»....,»,13 Auto Club Indemnity Company.........»....:,», • • ,...13 Pleasant Travel Holding Company,LLC • ..... „;,,,»-,„,„_,,, ,,,,,,,,,,;,,» ,........:........,.«.:,,....14 Pleasant Holidays,LLC 14 Hawaii World LLC,....«..,_........»......«...._...................«,.. • . - *This list reflects board-appointed titles and positions only Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 28 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE Or COMMITS ALPHABETICAL INDEX AM Arkansas Insurance Agency,Inc: • • • • 6 AAA Car Care Center , .. :................. ... :... • $. AAADriving School,Inc •...... ..... ...„«..„,.....«...,.,_.»....«.....,, 9 MAEast Central Ogre...............w........... • ......, . 6 AAA East Central Insurance Agency.lnO.........«_.............................._........_.,..... 7 AAA Hawaii,LLC „...........:......».•.•, ... 4 AAA New Mexico,LLC ... 4 AAA Northern New England • •,» ».._•» „. ,. •,_,........ ..... ......8 AAANorthern New England InsUrance................ _......_..«.._..._....._._............................_ . ....._._.....8 AAA Texas,LLC - , 4 AAA Tidewater Virginia Car Care Center,LLC ,...._.._...,..« . . .«......goes......,• 10 AAA Tidewater Virginia Fleet Operations,LLC................................««.,w..»......._.....«....,....,............«...10 ACSC Management Services.Inc. 1 Alabama Motorists Association,Inc. .• • •• • ,;„....... ..:...»„....««....:««., 5 Auto Club Casualty Company 13 Auto Club County Mutual Insurance Company...............,......., - • • 13 Auto Club Driving Schools,Inc - • . - 7 Auto Club Enterprises ..:. 6 Auto Club Family Insurance Company ,.,„.................«.... _ ,«.....,.,.3 Auto Club Indemnity Company • , . Auto Club Services,LLC • • : 3 Automobile Club Inter-Insurance Exchange„..........„,«,.._ •....,....:... »..: 2` Automobile Club of Missouri •• g Automobile Club of Southern California ,,, • 1 Automobile Club of Southern California Life Insurance Company................._..._.,_......_ w,.......:.....«12: Club Exchange Corporation ,..»....,...«.........._...,_......._....«...........«.....»..».................... .....2 Club Insurance Agency,Inc. «..«.. «.. ,.««... .. ...«..»,...«..«.....„««.. „ 8 Condor Condominium Association.._«„w.«.::.................................------...,..............„....«.........---........ 8 Hawaii World LLC .cA ,.:..r«« ..._«....., ,......,.,....14 Hewins Travel,LLC..... ..............».................... • .« • . . .8 Interinsurance Exchange of the Automobile Club.,...___ .., .»,...... .......,..2 Motor Club Insurance Company......».,......«...... . . ..... .... ...... . » ........_........ .. .12 • Pleasant Holidays,LLC • •• • ,.w««.,.«........:....:.:.., 14 Pleasant Travel Holding Company,LLC • • • - ,14 TM Chesapeake Branch Office Property,LLC _...,...««. , ......«..«................. • • • 10 TAA Corporate Center-Office Property,LLC ,...««......__................,.......:.......,.........10 TM Greenbrier Car Care Center Property,LLC 10 TM Hampton Branch/Car Care Center Property,Mc..... .......... 11 TM Newport News Branch Property,LLC • • ....., „„ .... ,,,,,,, p ....11 TM Norfolk Car Care Center Property,LLC .. .......__ 11 TAA Suffolk Branch/Car Care Center Property,LLC• , 11 TM Virginia Beach Branch Property,LLC ,..„,,«...........«.._..... ...____......•...;11 TM Williamsburg Branch/Car Care Center Property,LLC.......„................................«.....,,.............:,........12 Tidewater Automobile Association of Virginia,Incorporated . , ,.« 9 The Ashland County Automobile Club / 7 The Massillon Automobile Club • ,.«,,• 7 Triple A Leasing g Wawanesa General Insurance Compsfly.,.................. • - 3 Effective as of 06/04/2024 II • Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 29 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TA LE OF CONTENTS AUTOMOBILE CLUB OF SOUTHERN CAUFORNIA (a California nonprofit mutual benefit corporation) TO ALPHA INDEX Directors: Robert T.Bouttler,Chair Antonia Hernandez Peter K.Barker,Vice Chair Christopher B.Howard Dennis V.Arriola Parker S.Kennedy John F.Boyle Cynthia Pharr Lee Anthony J.Buzzeth Julia J.Lilly Robert A.DeMlchlel Martha H.Munsch Patrick C.Haden Katherine A.Sleck Officers: Greg L.Beckley President and Chief Executive Officer Raju T.Varma Executive Vice President Christopher M.Baggaley Senior Vice President Katrina E.Bradley Senior Vice President Chad D.Hourigan Senior Vice President,Chief Financial Officer and Treasurer Malek K Khouri Senior Vice President Michael S.Mohamed Senior Vice President April F.Savoy Senior Vice President,General Counsel and Assistant Secretary Christopher G.Simpson Senior Vice President Suzanne J.Wisdom Senior Vice President Gall C.Louis Corporate Secretary ACSC MANAGEMENT SERVICES.INC. (a California corporation) Shareholder. Automobile Club of Southern California Directors: Robert T.Bouttier,Chair Christopher B,Howard Parker S.Kennedy,Vice Chair Cynthia Pharr Lee Dennis V.Arriols Julia J.Lilly Greg L.Beckley Katherine A.Sieck John F.Boyle Raju T.Varma Patrick C.Haden Officers: Greg L.Beckley President and Chief Executive Officer,Manager' Raju T.Verma Executive Vice President Christopher M.Baggaley Senior Vice President Katrina E.Bradley Senior Vice President Chad D.Houngan Senior Vice President,Chief Financial Officer and Treasurer Malek K Khouri Senior Vice President Michael S.Mohamed Senior Vice President April F.Savoy Senior Vice President,General Counsel and Assistant Secretary Christopher G.Simpson Senior Vice President Suzanne J.Wisdom Senior Vice President Gail C.Louis Corporate Secretary I Greg L.Bectdey also holds the board appointed position of`Manager"pursuant to Bylaw Sec.28.2 1 Effective as of 08/0412024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 30 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TAULI OF comers TO ALPHA INDEX INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB (a California interinsurance exchange or a California reciprocal insurer) Governors: Robert T.Bouttier,Chair Robert A.DeMIchiel Antonia Hemandez,Vice Chair Patrick C.Haden Peter K.Barker Martha H.Munsch Anthony J.Buzzelt Officers: Gail C.Louis Secretary April F.Savoy Assistant Secretary CLUB EXCHANGE CORPORATION (a MIssouri corporation) Shareholder. Automobile Club of Missouri Directors: Robert T.Bouttier,Chair Christopher B.Howard John F.Boyle Parker S.Kennedy Anthony J.Buzzelli Martha H.Munsch Robert A.DeMichiel Raju T.Varma Patrick C.Haden Officers: Terrance Ponchak Jr. President Angela L Nelson Vice President Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer April F.Savoy Vice President,General Counsel and Assistant Secretary Gail C.Louis Corporate Secretary AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE (a Missouri Interinsurance exchange or a Missouri reciprocal insurer) Advisory Board Members: Peter IC Barker,Chair Patrick C.Haden Antonia Hemandez,Vice Char Cynthia Pharr Lee Robert T.Bouttier Martha H.Munsch John F.Boyle Raju T.Varma Anthony J.Buzzelli Officers: Chad D.Hourigan Treasurer Gail C.Louis Secretary April F.Savoy Assistant Secretary 2 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 31 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TAIL!OF CONTENTS AUTO CLUB FAMILY INSURANCE COMPANY TO ALPHA INDEX (a Missouri corporation) Shareholder: Automobile Club Inter-Insurance Exchange Directors: Greg L.Beckley Anwar M.Othman Alison K.Bischoff Terrance Ponchak Jr. Janet M.Borje Joseph R.Posey Michael S.Mohamed Raju T.Varma Angela L..Nelson Officers: Terrance Ponchak Jr. President Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer Angela L Nelson Vice President Gail C.Louis Secretary Karen S.Dahl Assistant Secretary WAWANESA GENERAL INSURANCE COMPANY (a California corporation) Shareholder Interinsurance Exchange of the Automobile Club Directors: Greg L Beckley,Chair Raju T.Varna Officers: Christopher M.Henn President Patrick J.Persse Chief Financial Officer and Treasurer Gall C.Louis Corporate Secretary William H.Prokop Assistant Secretary AUTO CLUB SERVICES,LLC (a California limited liability company) Member: Automobile Club of Southern California Directors: Greg L Beckley Raju T.Varna Officers: Greg L Bacldey President and Chief Executive Officer Luis C.Alarcon Vice President Paulena Escobar Vice President Chad D.liourigan Vice President.Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Suzanne J.Wisdom Vice President Gail C.Louis Corporate Secretary Karen S.Dahl Assistant Secretary 3 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 32 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE OF CONTENTS TO ALPHA INDEX AAA TEXAS,LLC (a Texas limited liability company) Member. Auto Club Services,LLC Directors: Greg L.Backley Raju T.Varma Officers: Greg L.Beckley President and Chief Executive Officer Luis C.Alarcon Vice President Paulena Escobar Vice President Galen L.Grillo Vice President Chad 0.Hourigan Vice President,Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Suzanne J.Wisdom Vice President Gail C.Louis Corporate Secretary Eric N.Wozniak Assistant Secretary Karen S.Dahl Assistant Secretary AAA NEW MEXICO,LLC (a New Mexico limited liability company) Member Auto Club Services,LLC Directors: Greg L Backley RAW T.Varma Officers: Greg L.Beckley President and Chief Executive Officer Galen L.Grillo Vice President Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Suzanne J.Wisdom Vice President Gail C.Louis Corporate Secretary Thomas A.Kwietek Assistant Secretary Karen S.Dahl Assistant Secretary AAA HAWAII,LLC (a Hawaii limited liability company) Member: Auto Club Services,LLC Directors: Greg L.Beckley Raju T.Varma Officers: Greg L.Beckley President and Chief Executive Officer Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President SuzanneJ.Wisdom Vice President Gail C.Louis Corporate Secretary Liam H.Sumida Assistant Secretary Karen S.Dahl Assistant Secretary 4 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 33 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TAM,OF CONTIMTa AUTO CLUB ENTERPRISES TO (a California nonprofit mutual benefit corporation) �I1A awoc Corporate Member. Automobile Club of Southern California Directors. Robert T.Souther,Chair Malek K.Khouri Greg L.Beckley April F.Savoy Christopher M.Baggatey Christopher G.Simpson John F.Boyle Raju T.Varma Katrina E.Bradley Suzanne J.Wisdom Officers: Greg L.Beckley President and Chief Executive Officer Raju T.Varma Executive Vice President Christopher M.Baggeiey Senior Vice President Katrina E.Bradley Senior Vice President Chad D.Houngan Senior Vice President,Chief Financial Officer and Treasurer Malek K Khoun Senior Vice President Michael S.Mohamed Senior Vice President April F.Savoy Senior Vice President and General Counsel Christopher G.Simpson Senior Vice President Suzanne J.Wisdom Senior Vice President Gail C.Louis Corporate Secretary William H.Prokop Assistant Secretary ALABAMA MOTORISTS ASSOCIATION,INC. (an Alabama nonprofit corporation) Corporate Memoer Auto Club Enterprises Directors: Robert T.Bouttier,Chair April F.Savoy Greg L.Beckley Raju T.Varma Officers: Eric J,Cyr President Chad D.Hourrgan Vice President,Chief Financial Officer and Treasurer April F.Savoy Vice President Gail C.Louis Corporate Secretary William H.Prokop Assistant Secretary AUTOMOBILE CLUB OF MISSOURI (a Missouri nonprofit mutual benefit corporation) Corporate Member: Auto Club Enterprises Directors: Robert T.Bouttier,Chair Terrance Ponchak Jr. Greg L.Beckley Raju T.Varma John F.Boyle Officers: Terrance PonchakJr. President Chad D.Hartigan Vice President,Chief Financial Officer and Treasurer Angela L.Nelson Vice President Gail C.Louis Secretary William H.Prokop Assistant Secretary 5 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 34 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABU!ar caw TINTB TO ALPHA INDEX CLUB INSURANCE AGENCY,INC. (a Missouri corporation) Shareholder: Automobile Club of Missouri Directors: Greg L.Beckley Terrance Ponchak Jr. RaJu T.Varma Officers: Terrance Ponchak Jr. President Luls C.Alarcon Vice President Chad D.Hourigan Treasurer Gall C.Louis Secretary Karen S.Dahl Assistant Secretary AAA ARKANSAS INSURANCE AGENCY,INC. (an Arkansas corporation) Shareholder. Automobile Club of Missouri Directors: Greg L.Beckley Terrance Ponchak Jr. Raju T.Varma Officers: Terrance Ponchak Jr. President Luis C.Alarcon Vice President Chad D.Hourigen Treasurer Gail C.Louis Secretary Karen S.Dahl Assistant Secretary AAA EAST CENTRAL (a Pennsylvania nonprofit corporation) Corporate Member: Auto Club Enterprises Governors: Robert A.DeMichiel,Chair Christopher B.Howard Robert S.Coffins,Vice Chair Mary Beth Jenkins Glenn B.Bachman Mary Lynn LaugNin Neil D.Bassi Randell McShepard John F.Boyle Martha H.Munsch Debra A Dinnocenzo Tuck Tinsley Ill Gregory E.Grim Officers: Teresa G.Petrick President Thomas J.Ashley Executive Vice President Robert S.Collins Treasurer Sheila A.Moffatt Assistant Treasurer Neil D.Bassi Secretary Beverly K.Powell Assistant Secretary 6 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 35 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE Of CONTENTS AAA EAST CENTRAL INSURANCE AGENCY,INC. (a Pennsylvania corporation) TO ALPHA INDEX Shareholder. AAA East Central Directors: Teresa G.Petrick Thomas J.Ashley Beverly K Powell Officers: Teresa G.Petrick President Thomas J.Ashley Vice President Sheila A.Moffett Treasurer Beverly K Powell Secretary Jonathon S.King Assistant Secretary THE ASHLAND COUNTY AUTOMOBILE CLUB (an Ohio nonprofit corporation) Corporate Member: AAA East Central Directors: Teresa G.Petrick,Chair Thomas J.Ashley,Vice Chair Beverly K.Powell Officers: Teresa G.Petrick President Thomas J.Ashley Vice President Sheila A.Moffatt Treasurer Beverly K.Powell Secretary THE MASSILLON AUTOMOBILE CLUB (an Ohio nonprofit corporation) Corp.nate Member AAA East Central Directors: Teresa G.Petrick.Chair Thomas J.Ashley,Vice Chair Beverly K Powell Officers: Jeffrey R.Bushman President Teresa G.Petrick Vice President Sheila A.Moffatt Treasurer Beverly K.Powell Secretary AUTO CLUB DRIVING SCHOOLS,INC. (a Pennsylvania corporation) Shareholder. AAA East Central Directors: Teresa G.Petrick Thomas J,Ashley Beverly K.Powell Officers: Teresa G.Petrick President Thomas J.Ashley Vice President Shelia A.Moffatt Treasurer Beverly K.Powell Secretary 7 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 36 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE OF CONTENTS CONDOR CONDOMINIUM ASSOCIATION (a Pennsylvania Condominium Association) TO ALmA. ex Executive Directors: Thomas J.Ashley a Caroline Perillo Officers: Thomas J.Ashley 2 President Caroline Pedro Vice President,Secretary and Treasurer AAA NORTHERN NEW ENGLAND (a Maine nonprofit mutual benefit corporation) Corporate Member Auto Club Enterprises Directors: Robert T.Souther,Chair April F.Savoy Greg L.Beckley Raju T.Verme Eric J.Cyr Officers: Eric J.Cyr President Chad D.Hourigan Chief Financial Officer and Treasurer Gail C.Louis Corporate Secretary Karen S.Dahl Assistant Secretary AAA NORTHERN NEW ENGLAND INSURANCE (a Maine corporation) Shareholder: AAA Northern New England Directors: Greg L Beckley Eric J.Cyr Raju T.Varma Officers: Eric J.Cyr President Chad D.Hourigan Treasurer Gall C.Louis Secretary Karen S.Dahl Assistant Secretary AAA CAR CARE CENTER (a Maine corporation) Shareholder: AM Northern New England Directors; Greg L.Beckley Eric J.Cyr Raju T.Varna Olken` Eric J..Cyr President Chad O.Hourigan Treasurer Gail C.Louis Secretary Karen S.Dahl Assistant Secretary 2 Serving at the request of AAA East Central and legally entitled to indemnification by AAA East Central 8 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 37 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE OF CONTENTS TO ALPHA INDEX AAA DRIVING SCHOOL,INC. (a Maine corporation) Shareholder, AM Northern New England Directors: Greg L.Beckley Eric J.Cyr Raju T.Varrria Officers: Eric J.Cyr President Chad D..Hou riga n Treasurer Gall C.Louis Secretary Karen S.Dahl Assistant Secretary TRIPLE A LEASING (a Maine corporation) Shareholder: AAA Northern New England Directors: Greg L Beckley Eric J.Cyr Raju T.Varma Mefs; Ede J.Cyr President Chad Q.Houngan Treasurer Gail C.Louis Secretary Kaext S.Dahl Assistant Secretary HE WINS TRAVEL,LLC (a Maine limited liability company) Member: AM Northern New England Manager: None Officers' None TIDEWATER AUTOMOBILE ASSOCIATION OF VIRGINIA,INCORPORATED (a Virginia non-stock,not for profit corporation) Corporate Member: Auto Club Enterprises Directors: Robert T.Boulder,Chair Eric J.Cyr Greg L.Beckley April F.-Savoy Officers: Eric J.Cyr President Jeffrey W.Barr Chief Financial Officer and Treasurer Luis C.Alarcon Vice President Pauiena Escobar Vice President Gall C.Louis Corporate Secretary William H.Prokop Assistant Secretary 9 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 38 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TALI OP CONT*$T& AAA TIDEWATER VIRGINIA CAR CARE CENTER,LLC (a Virginia limited liability company) TO ALPHA INhaX Member Tidewater Automobile Association of Virginia,Incorporated Manager: Tidewater Automobile Association of Virginia,Incorporated Officers: Eric J.Cyr President Chad A.Pence Vice President Jeffrey W.Barr Treasurer Gail C.Louis Secretary Karen S.Dahl Assistant Secretary AAA TIDEWATER VIRGINIA FLEET OPERATIONS,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers: None TAA CHESAPEAKE BRANCH OFFICE PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers: None TAA CORPORATE CENTER OFFICE PROPERTY,LLC (a Virginia limited liability company) Member: Tidewater Automobile Association of Virginia,Incorporated Manager. Eric J.Cyr Officers: None TAA GREENBRIER CAR CARE CENTER PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J Cyr Officers, None 10 Effective as of 06(04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 39 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL 70 TABLE OF CONTENTS TO ALPHA INDIC( TAA HAMPTON BRANCH/CAR CARE CENTER PROPERTY,LLC (a Virginia limited liability company) Member: Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers: None TAA NEWPORT NEWS BRANCH PROPERTY,LLC (a Virginia limited liability company) Member: Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers: None TAA NORFOLK CAR CARE CENTER PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers: None TAA SUFFOLK BRANCH/CAR CARE CENTER PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager. Eric J.Cyr Officers: None TAA VIRGINIA BEACH BRANCH PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager Eric J.Cyr Officers: None 11 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 40 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TAILS OF COW-FP NTS TO ALPHA INDEX TAA WILLIAMSBURG BRANCH/CAR CARE CENTER PROPERTY,LLC (a Virginia limited liability company) Member. Tidewater Automobile Association of Virginia,Incorporated Manager: Eric J.Cyr Officers. None MOTOR CLUB INSURANCE COMPANY (a Rhode Island Insurance company) Shareholders: AAA Northeast Holding,Inc.(Class A)and Interinsurance Exchange of the Automobile Club(Class B) Directors: Greg L.Beckley,Chair Christopher P.DIMartino Brian H.Deephouse John R.Galvin Michael S.Mohamed Marta Genovese Officers: Greg L.Beckley President and Chief Executive Officer Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer April F.Savoy Vice President and General Counsel Gail C.Louis Secretary William H.Prokop Assistant Secretary AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA LIFE INSURANCE COMPANY (a California corporation) Shareholders: Interinsurance Exchange of the Automobile Club and Automobile Club of Southern California Directors: Greg L.Beckley John P.Bybee Christopher M.Baggaley Raju T.Varma Officers: Greg L,Beckley President and Chief Executive Officer Chad D.Hourigan Vice President,Chief Financial Officer,Treasurer and Controller Anwar M.OMrnan Vice President April F.Savoy Vice President Gall C.Louis Corporate Secretary William H.Prokop Assistant Secretary 12 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 41 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE Of CONTENTa AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY TO ALPHA INDEX (a Texas county mutual Insurance company) Directors: Greg L Bacidey Anwar M.Othman Christopher M.Baggaley April F.Savoy Malek K Khouri Raju T.Varma Michael S.Mohamed Officers: Greg L.Beckley President and Chief Executive Officer Christopher M,Baggaley Vice President Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Gail C.Louis Corporate Secretary Galen L.Grillo Assistant Secretary Karen S.Dahl Assistant Secretary AUTO CLUB CASUALTY COMPANY (a Texas corporation) Shareholder: lnterinsurance Exchange of the Automobile Club Directors: Greg L.Beckley Anwar M.Othman Christopher M.Baggaley April F.Savoy Malek K Khouri Raju T.Varma Michael S.Mohamed Officers: Greg L.Beckley President and Chief Executive Officer Christopher M.Baggaley Vice President Chad D.Hourigan Vice President.Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Gail C.Louis Corporate Secretary Galen L.Grillo Assistant Secretary Karen S.Dahl Assistant Secretary AUTO CLUB INDEMNITY COMPANY (a Texas corporation) Shareholder: Interinsurance Exchange of the Automobile Club Directors: Greg L.Beckley Anwar M.Othman Christopher M.Roggeley April F.Savoy Malek K Khouri Raju T.Varma Michael S.Mohamed Officers: Greg Beckley President and Chief Executive Officer Christopher M.Baggaley Vice President Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer Anwar M.Othman Vice President April F.Savoy Vice President Gall C.Louis Corporate Secretary Galen L.Grillo Assistant Secretary Karen S.Dahl Assistant Secretary 13 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 42 of 44 Disclosure Statement PRIVILEGED AND CONFIDENTIAL TO TABLE OF CONTENTS TO ALPHA NDEX PLEASANT TRAVEL HOLDING COMPANY,LLC (a Delaware limited liability company) Members: Automobile Club of Southern California,and others Manager: Automobile Club of Southern California Officers: Greg L Beckley President and Chief Executive Officer Chad D.Hourigan Vice President,Chief Financial Officer and Treasurer April F.Savoy Vice President Gall C.Louis Corporate Secretary Karen S.Dahl Assistant Secretary PLEASANT HOLIDAYS,LLC (a Delaware limited liability company) Mermen Pleasant Travel Holding Company,LLC Manager: Greg L.Beckley Officers: Jack E.Richards President and Chief Executive Officer Dal D.DeWoif Senior Vice President,Chief Financial Officer and Assistant Secretary Gail C.Louis Corporate Secretary Karen S.Dahl Assistant Secretary HAWAII WORLD LLC (a California limited liability company) Member. Pleasant Holidays,LLC Directors: Greg L.Beckley R4(u T.Varma Officers: Jack E.Richards Chief Executive Officer Dal D.DeWolf Treasurer,Chief Financial Officer and Assistant Secretary Gail C.Louis Corporate Secretary Karen S.Dahl Assistant Secretary 14 Effective as of 06/04/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 43 of 44 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. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 44 of 44 FRANKLIN GROUP COMPANIES,LLC,a Virginia limited liability company; and TAA CORPORATE CENTER OFFICE PROPERTY,LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 30th day of August 2024, by and between FRANKLIN GROUP COMPANIES, LLC, a Virginia limited liability company ("Franklin Group", to be indexed as grantor); TAA CORPORATE CENTER OFFICE PROPERTY, LLC, a Virginia limited liability company ("TAA", and to be indexed as grantor) (Franklin Group and TAA hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, TAA is the current owner of that certain parcel located at 5366 Virginia Beach Boulevard, Virginia Beach, Virginia, identified by GPIN No. 1467-68-0155-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Overall Parcel"); and WHEREAS, Franklin Group is the current contract purchaser of a portion of the Overall Parcel, as more particularly described in Exhibit B (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional 0-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that GPIN No. 1467-68-0155-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively,the"Proffers")shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled"GRAND LAKE—VIRGINIA BEACH,VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 2 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "GRAND LAKE — VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, revised November 15, 2024, and prepared by Timmons Group(the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS,VIRGINIA BEACH BOULEVARD,VIRGINIA BEACH,VIRGINIA", and dated September 5, 2024 (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. 4. The number of multifamily residential units located on the Property,when developed,shall not exceed a total of one hundred seventy-two(172). 5. The final stormwater management plan submitted to the Development Services Center (DSC)during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). 6. In lieu of the twenty foot (20') wide landscape buffer that would otherwise be required under Section 803(b)of the City Zoning Ordinance,a ten foot(10')wide landscape buffer will be provided along the Property's western boundary. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN GROUP COMPANIES,LLC, a Virginia limited liability company By: — Name: ar- f..,th✓ Its: Manager STATE/COMMONWEALTH OF 1,47t- 0 CITY/COUNTY OFVihriA0----ge-AG1• ,to-wit: The foregoing instrument was sworn to and acknowledged before me this.t7day of U 54' , 20 , by pV ,Tay f►SPY Kl r rl , in his capacity as Manager of Frankli Group Companies, LLC, a Virginia limited liability company. He is either personally known to me or has produced evidence of identification. Witness my hand and official stamp or seal this 94a-ay of AlAibth,20>`1. Gtivitaiii--111,46'xA-1*(- - .603,1 iusfr21 Notary Public (SEAL) My Commission Expires: /Di a.I,2 a2 7 Barbara Maureen Byrnes Notary Public Reg#7069820 Registration Number: Otv $a0 g Commonwealth of Virginia 2i.�r��rr�rlrfrrfirri�rr�ri� 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TAA CORPORATE CENTER OFFICE PROPERTY, LLC, a Virginia limited liability company By: .� Name: 5P(C (,•yi/ Its: A/t S I Gif•U!f` TAT OMMONWEALTH OF I1444 11 6 CITY OUNTY OF Ckfiedaerlaiel ,to-wit: The foregoing instrument was sworn to and acknowledged before me this , l day of SrQ {XY1�te. , 20 zJ j, by Vi (. jV , in his/her capacity as pr?si d-co f of TAA Corporate Center Office Property, LLC, a Virginia limited liability company.He/she is either personally known to me or has produced evidence of identification. Witness my hand and official stamp or seal this 5'day of 4-4 , 20 214. Gv UA, 14-4148Notary Public SEAL My Commission Expires: Y1OV(YY%IDeY I Si 202_.1v Registration Number: KELLY COLLINS NOTARY PUBLIC State of Maine My Commission Expires November 15,2026 5 EXHIBIT A Legal Description of Overall Parcel ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia being presently known and numbered as 5366 Virginia Beach Boulevard and bounded and described as follows: BEGINNING at a pin in the northerly line of Virginia Beach Boulevard which pin is also at the southwesterly corner of the property herein conveyed and at the southeasterly corner of property now or formerly belonging to Lexington Realty Corp. and running thence along the said northerly line of Virginia Beach Boulevard S. 59 degrees 08' E. 418 feet to a pipe in said northerly line of Virginia Beach Boulevard and in the center of a ditch; thence leaving the line of Virginia Beach Boulevard and running along the center line of a ditch N. 17 degrees 22' E. 1948.73 feet to a pipe; thence along the center line of a ditch N. 59 degrees 00' W. 249 feet to a pin; thence S. 17 degrees 43" W. 495.2 feet to a pin; thence N. 73 degrees 06' W. 20 feet to a pin; thence S. 16 degrees 54" W. 567.9 feet to a pin; thence S. 27 degrees 10' W 859 feet to a pin;the point of beginning,said parcel containing 12.97 acres, more or less, a part of Section 8, as shown on the plat of"Browne Estate", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 5-B. LESS, SAVE AND EXCEPT that certain parcel of land containing 0.978 acres, more or less, conveyed to Haynes Furniture Company, Incorporated,by Deed from Leonard R. Strelitz, et al., dated October 1, 1972, and recorded in the aforesaid Clerk's Office in Deed Book 1309, at page 577, and further designated as Parcel "A" on that certain plat entitled "Survey and Property for Leonard R. Strelitz and Joseph H. Strelitz", recorded in the aforesaid Clerk's Office on October 30, 1972, in Map Book 94, at page 12. LESS, SAVE AND EXCEPT that certain parcel of land containing 0.237 acres, more or less, conveyed to the Commonwealth of Virginia for the widening of Virginia Beach Boulevard by Deed from Leonard R. Strelitz and Haynes Furniture Company, Incorporated, dated August 8, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 3873, at page 1967. It being the same property conveyed to TAA Corporate Center Office Property, LLC, a Virginia limited liability company, by deed dated March 15, 2010, from Tidewater Automobile Associations of Virginia, Inc., and recorded in the aforesaid Clerk's Office April 2, 2010 as Instrument Number 20100402000307980. 7 EXHIBIT B Legal Description of Property Commencing at a point at the southeast intersection of Virginia Beach Boulevard and Wexford Drive; thence along the northern right-of-way line of Virginia Beach Boulevard S43°40'57"E a distance of 22.47 feet to a point; thence N25°27'47"E a distance of 6.00 feet to a point; thence S64°32'13"E a distance of 570.36 feet to a point; thence leaving said northern right-of-way line of Virginia Beach Boulevard N21°37'45"E a distance of 757.76 feet to a point; said point being the True Point and Place of Beginning; thence N21°37'45"E a distance of 75.64 feet to a point;thence N11°29'54"E a distance of 573.67 feet to a point; thence S78°20'38"E a distance of 20.01 feet to a point; thence N12°21'27"E a distance of 481.33 feet to a point; thence S64°32'45"E a distance of 249.10 feet to a point; thence S 11°57'36"W a distance of 1225.05 feet to a point; thence N64°32'45"W a distance of 93.80 feet to a point; thence N21°37'45"E a distance of 99.14 feet to a point; thence N68°22'15"W a distance of 201.96 feet to the True Point and Place of Beginning, having an area of 296,332 square feet or 6.803 acres. Together with an easement for ingress and egress Commencing at a point at the southeast intersection of Virginia Beach Boulevard and Wexford Drive; thence along the northern right- of-way line of Virginia Beach Boulevard S43°40'57"E a distance of 22.47 feet to a point; thence N25°27'47"E a distance of 6.00 feet to a point; thence S64°32'13"E a distance of 769.54 feet to a point; said point being the True Point and Place of Beginning; thence leaving said northern right-of-way line of Virginia Beach Boulevard N20°49'30"E a distance of 109.74 feet to a point; thence N17°53'54"E a distance of 190.31 feet to a point; thence with a curve turning to the right with a radius of 895.00 feet, an arc length of 159.58 feet, a chord bearing of N23°00'23"E, and a chord length of 159.37 feet to a point; thence with a curve turning to the left with a radius of 2603.72 feet, an arc length of 213.46 feet, a chord bearing of N25°45'57"E, and a chord length of 213.40 feet to a point; thence S64°32'45"E a distance of 30.02 feet to a point; thence with a curve turning to the right with a radius of 2633.72 feet, an arc length of 214.85 feet, a chord bearing of S25°46'38"W, and a chord length of 214.79 feet to a point;thence with a curve turning to the left with a radius of 865.00 feet, an arc length of 154.23 feet, a chord bearing of S23°00'23"W, and a chord length of 154.03 feet to a point; thence S17°53'54"W a distance of 191.08 feet to a point; thence S20°49'30"W a distance of 112.94 feet to a point on the northern right-of-way line of Virginia Beach Boulevard; thence along said northern right-of-way line of Virginia Beach Boulevard N64°32'13"W a distance of 30.10 feet to the True Point and Place of Beginning, having an area of 20,193 square feet or 0.464 acre. 8 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #1, 2, & 3 Franklin Group Companies, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our first agenda item is, items#1,2, 3 for Franklin Group Companies, LLC. Mr. Beaman: Thank you, Mr. Chair, Madam Vice-Chair, members of the commission. For the record my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm. Here today on behalf of the applicant, Franklin Group Companies. Joining me this afternoon are several of the principals from Franklin Group including Taylor Franklin, James Noel, Freddie Fletcher, and Murray Kirk. First, I wanted to thank Kathy and Marchelle, and the rest of the staff for all their help with this application over the past several months. We certainly appreciate all their work on this application and the presentation that Marchelle gave this morning to you in the informal session. I also wanted to thank Karen Prochilo and the Senior Housing Advisory Committee who've been great to work with, and had a thorough sit down with us to go over the design, and all the amenities that will be offered with this application. Marchelle did a great job of kind of pointing out the highlights of the of the application this morning, but there are a couple of key aspects of it that I wanted to highlight for you this afternoon. The first one is that this property is unique. It is approximately 6.8 acres that's located, set back pretty far off Virginia Beach Boulevard behind the existing AAA office building and is currently zoned B2. It's surrounded on two sides by residential uses, and so given the fact that the adjacent uses are residential and sits so far back off Virginia Beach Boulevard the B2 zoning is probably not appropriate. It probably makes more sense for a residential zoning classification which is what the applicant is proposing today. Secondly, this project would fulfill two critical needs that have been identified even by City Council for housing in the city. Number one being senior housing, and the second being affordable housing. This project would be reserved for folks who are 62 years and older in age and would also 70%of the units would be reserved for folks who qualify under the income restrictions,and the low-income housing tax credit program. The need for this type of housing in Virginia Beach is evidenced by one of the applicants other projects which came through this Commission a couple of years ago has been completed,and recently opened at least up very quickly, and currently has a waiting list I understand from my client of almost 40 people, about 40 people, and they're turning away 20 to 25 others every month just kind of demonstrates the need for this type of housing in Virginia Beach and specifically along this corridor. Like Birchwood this project would have a number of high-end amenities, and high-end design. There would be indoor and outdoor amenities including fitness center meeting space, and also on the exterior they'd be pickleball courts,which are shown on the site plan in addition to grilling areas and that sort of thing. I also wanted to mention that the applicant has conducted extensive public outreach in connection with this application. We sent letters to each the adjacent property owners inviting them to a meeting at one of Franklin Group's other properties, and then additionally we feel at telephone calls from some of the adjacent property owners who weren't able to make that meeting, but have wanted to reach out,and get additional information and the feedback we've received so far has been very positive. Finally, I did want to touch on the subdivision variance as part of this application. In addition to the rezoning, we're asking for a subdivision variance. The need for that is really generated by the unique dimensions of the site. It's exceptionally deep and exceptionally narrow. It's 11 acres, but only 300 feet in width, and so that's really driving the need for a subdivision variance on this site. Part of the city's consideration when it comes to subdivision variances,there's a multi-point test, and two of the main considerations number one is, it can't be of so general or recurring in nature that it shared by a lot of properties in the vicinity. This is a really unique property that I haven't encountered in my career something similar to this in terms of the exceptional depth and width,and then secondly that it doesn't have any adverse effects. The variance wouldn't have any adverse effects on surrounding property owners. Not only would this application not have any adverse effects on the surrounding property owners. It would facilitate a more compatible zoning classification, and more compatible use than the current B2 use of the property which would allow for a myriad of commercial uses. So, with that we certainly thank you for your time, and consideration of this application, and our team and I will stand by for questions. Mr. Alcaraz: Do we have any speakers? Madam Clerk:No we do not have any speakers for this item. Mr. Alcaraz: So we were asking to hear further requests of the commissioners. So,you can just stay right there. Alright, I'm gonna open the floor for questions from the commissioners. Mr. Plumlee: Good afternoon Mr. Beaman. Thank you very much for your presentation. Can you address there were some concerns brought up this morning about the traffic along that section of Virginia Beach Boulevard, a traffic engineer spoke to that issue in our informal session,but I think it's important to highlight how with regards to the, I think it's what 4,500 trips a day anticipated from this new development, how is that going to be dealt with along Virginia Beach Boulevard? Mr. Beaman: You know that's right. So, the current zoning classification of the property is B2, which would permit commercial uses which generally generate far more traffic than any type of residential multifamily residential especially senior housing which typically generates even less than typical apartments just because there's age restrictions on those. So compared to what's permitted by right on the property now, this use would provide for a fraction of the traffic that would currently be generated, and I think that's reflected. Marchelle reflected that in the staff report as well. Mr. Plumlee: You had discussed some of the amenities pickleball courts, some of the interior amenities how are people going to or if they can walk to Virginia Beach Boulevard, if they want to use public transport from this location? Mr. Beaman: Sure. There are walking trails proposed, and shown on the site plan around our building that actually connect to walking trails that are already on or sidewalks,that are already on the AAA office building piece, where they don't fully connect to Virginia Beach Boulevard. We've shown additional connections to make sure that folks can walk all the way from our site all the way out to Virginia Beach Boulevard. Mr. Plumlee: Just for clarity on that point because there are all these disclosures about AAA in the documentation, so there is an arrangement, so those walkways can be used. I think, I think that's important to clarify. Mr. Beaman: That's correct we are engaging within an ingress egress easement that will include both pedestrian ingress and egress, and vehicular ingress and egress all the way out to Virginia Beach Boulevard. Mr. Plumlee: You had talked about the unusual shape of the parcel, you know, this in a lot of respects, you're kind of creating the need by proposing the project, in other words the hardship doesn't exist until your application comes along. Can you kind of further explain your position on that? I want to give you time to address that. Mr. Beaman: Sure. With a piece of property that's so long, and so narrow, especially zone B2 and with parts sitting so far off Virginia Beach Boulevard, and without a surrounding roadway corridor that's developed very difficult to develop this property for one single use, and it really lends itself to multiple uses, and the only way practically to do that is to subdivide the rear in order to allow for a residential use in the rear, which is compatible with those surrounding uses while the front stays commercial,which is more appropriate along Virginia Beach Boulevard. Mr. Plumlee: So the only way to get street access is by having the variance? Mr. Beaman: That's correct. Mr. Plumlee: Thank you. Mr. Alcaraz: Alright. Thank you, any other questions? Mr. Mauch? Mr. Mauch: I believe that there's been an updated conceptual aerial that adds for a little bit more tree canopy or barrier buffer between the apartments adjacent to it, is that correct? Mr. Beaman: That's correct. I appreciate you asking that question. I wanted to put this on the record for the Commission. I emailed Marchelle yesterday afternoon about this, but we have been working with the property owner to the west, the apartment community and have agreed to install additional landscaping over and above the category for landscaping,which is shown on the site plan currently,and that would be evergreen landscaping. Additional, evergreen trees to provide a more opaque screen, and so we have informed the adjacent property owner that we would be modifying the site plan between Planning Commission and City Council. I also did email that to Marcelle, so it would be on the Planning Department's official record, but I wanted to put it on the record before you today as well, so I appreciate the question. Mr. Alcaraz: Alright,thank you. Any other questions? I see none. This time I'm gonna open it for discussion among the commissioners. Is there anybody who'd like to say something? Mr. Plumlee: Yeah,I would like to make a motion if it's appropriate this time if we want a general discussion. I think,we need these units. I think the applicant has done a good job. I frankly, I am encouraged by the additional buffer. I would just recommend if we do come around to agreeing to prove it that we add this language that specifically that the plan has been updated, and that the staff be satisfied with the contents of the update before it's presented, that's what we're recommending. So, I would ask for that to be part of it, if that's the inclination of the commission to approve it. Mr. Alcaraz: Okay. Kaitlen, you got that? I have a motion. Do I have a second? Second by Mr. Parks. Is anybody abstaining? None. Is there any additional discussion? I see none. The vote is open. Madam Clerk: By a recorded vote of 10:0, items 1, 2, and 3 Franklin Group Companies, LLC has been recommended for approval. Mr. Alcaraz: Thank you. Next item. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 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 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "GRAND LAKE —VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, and prepared by Timmons Group (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA", and dated September 5, 2024 (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proffer 5 The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 In lieu of the twenty foot (20') wide landscape buffer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10') wide landscape buffer will be provided along the Property's western boundary. Proffer 7 Further conditions lawfully imposed by applicable development ordinances 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. - ` CONCEPT PLANT SCHE yF. 0 'F .1 61 11'• - •� �ti ' �. - ' i ip�vuMe oRM vwa[w n•.rn, • ..••- 4• ! _ - _ .' %.. 1 �f c#NS.anEIYNVMEIEPE^�<44 -�` • _ 4�J- f� f1'�!�{,Ts�:.ES .• ..1 '."Zi'. r iI-., -' e 1 CC y}. 1 SS; F gg 1 J .:ie •� ;: EOR Nwr -M rt. A. • I 4 5 ; �+ r J .x wo. .., a, m •,,, Iw+- .uw N.:0,.. �.o e.. .T `9e: CD e# M t'.gVIRGINIA BEACH LADSCAPE REQUIREMENTS .. v. i . ... .,. _ - may - - � �- MAKINGWNW( wMnnrmmxn F. a.., m ::. ED ET unaore LANDSCAPE SUFFER© .t 'k?ew . K 1.1 T[ ; PI*OFFER PROPOSED . ` j • ,' lt: -4*. ' ii• iroriz>tkon. - - - - - Q --- -.-. Q A .� `--ED FPCATPoo IV LANDSCAPE/UnE..[OUI•ED. ' ED.I.FT WIDE 1.215004 N 0 VEOET•TIO SUFFPCIENT TO DEFT EUPPEE•FOUInDEN1. . T 'v:. "K C i 1. • A F, ti - • X • . . II'-, .4 4:ii!,iii, ,.II::IT,:i s'` ... tt111► _ - ,E... .t' ._. _ o .� `.ELT •► _ -.�. �P• ... . k. GRAND LAKE CREST - VIRGINIA BEACH,VA . •. Conceptual Landscape Plan-September 24,2024 - - TIMMONS GROUP Revlslon Date-November 15.2024 r1--r, I I mjerue ril . Pas for ' o .1r c4 11 '- 8. R7.5 R7.5 0 11 11 /1 ,(1) cal 0 O a N Tiffany Corey-Brown W Ny� E = Site 5701 Thurston Avenue, Suite 103 S Property Polygons Zoning oz=mmiiii= Feet Building 0 25 50 100 150 200 250 300 ,,'t :r; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIFFANY COREY-BROWN [Applicant] FIRST THURSTON LLC [Property Owner] Conditional Use Permit (Day-care Center) for the property located at 5701 Thurston Avenue, Unit 103 (GPIN 1469037279). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: December 10, 2024 • Background: The applicant is requesting a Conditional Use Permit to operate a Day-Care Center within a 6,600 square foot unit of an existing building within the I-1 Light Industrial District. The property is located within the Burton Station Strategic Growth Area and is surrounded mostly by light industrial office uses and an elementary school to the east. Proposed Hours of operation will be from 6:30 a.m. to 6:00 p.m., Monday through Friday. Pick-up and drop-off times will coincide with the proposed hours of operation. No exterior modifications are proposed to the existing building, with the exception of signage. A 625 square foot fenced-in playground will be added to the north side of the building to provide the children with a safe and secure area to play outdoors. ■ Considerations: This property falls within the Burton Station SGA and although this project does not perfectly align with the overall goals of the SGA, it does still serve an important role for the community. Staff and the Planning Commission concurred that the proposed Day-Care Center will not only provide educational opportunities for preschool and school-aged children, but it will also provide childcare opportunities for the workforce in the immediate area where this type of service is limited. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. At their hearing, the Planning Commission requested condition 4 be modified to only include the option for a vinyl fence rather than wood or vinyl. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. Tiffany Corey-Brown Page 2 of 2 2. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Day- Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. • 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 e, )t-- City Manager: Agenda Item 9 Applicant:Tiffany Corey-Brown VB Property Owner: First Thurston LLC Planning Commission Public Hearing: November 13, 2024 City Council District: District 4 (Ross-Hammond) Project Details Request Conditional Use Permit (Day-care Center) , ARA GON OR AURORA OR AURORA OR Staff Recommendation % n ODE$$A DR ODE$$A DR Approval 3 ,o o 2 I JC?p �PO P.. Staff Planner / _ �/,,- 4,0 % Madison Byrd Harris Eichholz / ! Ll SN~,Ru• Location 5701 Thurston Avenue, Suite 103 1469037279 — 4111/ 11111141111* Site Size ► ._ 6,600 square feet ilk i AICUZ Less than 65 dB DNL Watershed Chesapeake Bay T RURSTON AVE , J Existing Land Use and Zoning District l 1- 1, : I = + "- l Office/ I-1 Light Industrial N , Surrounding Land Uses and Zoning Districts , i ' : a ', ,, •' North w •`., '' ,. 0, Thurston Avenue r. Office/I-1 Light Industrial '�. �° il . . South /t ''t� e Office/ I-1 Light Industrial t• :., East ��-. a..► lip -7 Diamond Springs Road Elementary School / R-7.5 Residential West Office / I-1 Light Industrial Tiffany Corey-Brown Agenda Item 9 page 1 of 19 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Day-Care Center within a 6,600 square foot unit of an existing building within the I-1 Light Industrial District. The property is located within the Burton Station Strategic Growth Area (SGA) and is surrounded mostly by light industrial office uses and an elementary school to the east. • The expected ages of the children to be served are from age 6 weeks to 12 years. The Building Official and the Department of Education will determine the maximum occupancy for the Day-Care Center. • Per the applicant, hiring will be based on child enrollment. The teacher to child ratio will be as follows: Infants 1:4, 1-year olds 1:5, 2 year olds 1:8, 3 year olds 1:10, 4 year olds 1:10, and school aged children 1:18. • The proposed hours of operation will be from 6:30 a.m. to 6:00 p.m., Monday through Friday. Pick-up and drop-off times will coincide with the proposed hours of operation, with drop-off times beginning at 6:30 a.m. and pick-up times ending by 6:00 p.m., Monday through Friday. • No exterior modifications are proposed to the existing building, with the exception of signage. A 625 square foot fenced-in playground will be added to the north side of the building to provide the children with a safe and secure area to play outdoors. • Per the Zoning Ordinance, a Day-Care Center requires one parking space per 300 square feet of floor area and office uses require one parking space per 330 square feet of floor area. A total of 71 spaces are required for the building, 37 of those are required for the proposed Day-Care Center Use. 73 parking spaces are provided thereby satisfying the parking requirement. Tiffany Corey-Brown Agenda Item 9 page 2 of 19 Zoning History No Zoning History g Si" 611 11111111 \,„ • I 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 & Recommendation The request for a Conditional Use Permit for a Day-Care Center is, in Staff's opinion, acceptable.This property falls within the Burton Station SGA.This area of the SGA calls for light industrial/flexible office use space. Ultimately, the vision for the Burton Station SGA deems this area to be unsuitable for"residential or neighborhood retail uses". Although this project does not perfectly align with the overall goals of the SGA, it does still serve an important role for the community. A Day-Care Center will provide a much-needed resource for those working in the industrial park and surrounding areas. While the area consists mostly of light industrial office uses, the Day-Care Center will not be completely out of character with the area, as there is an elementary school to the east of the property that serves the neighboring residential communities. Additionally, Staff believes that the proposed Day-Care Center will not only provide educational opportunities for pre-school and school-aged children, but it will also provide childcare opportunities for the workforce in the immediate area where this type of service is limited. As stated previously, the applicant intends to construct an outdoor play area for the children. This area will be located to the north of the building, along Thurston Avenue. For the children's safety, the play area will be fully enclosed with a six-foot-tall privacy fence, as recommended in Condition 4. Tiffany Corey-Brown Agenda Item 9 page 3 of 19 Staff does not foresee any adverse impacts to the surrounding uses and properties and for this reason and those stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. 2. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl or wood privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Day-Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Tiffany Corey-Brown Agenda Item 9 page 4 of 19 omprehensive Plan Recommendations The Comprehensive Plan classifies this property as falling into the Burton Station SGA. The Burton Station SGA places this property within the Airport Industrial Park, which calls for light industrial and flexible office space. The SGA specifically states that the area is not suitable for "residential or neighborhood retail uses".Though the Comprehensive Plan does not call for this use in this area, there are benefits to the community that the Day-Care Center would provide, including a childcare option for those working in the industrial and office parks in the surrounding area. It is also located across the street from Bayside Elementary School, which is a similar use to the proposed facility. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. raffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-228 ADT Thurston Ave 3,300 ADT1 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-314 ADT 1 Average Daily Trips 2As defined by an 3As defined by a 4LOS = Level of 6,600 SF Industrial 6,600 SF Day-Care Service Park Center Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Thurston Ave is a two-lane local street in the vicinity of this site with a right-of-way of 65 feet. The MTP does not address Thurston Avenue.There are no CIP projects scheduled for Thurston Avenue. 'ublic Utility Impacts Water&Sewer This site is connected to City water& City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Tiffany Corey-Brown Agenda Item 9 page 5 of 19 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of clerk.virginiabeach.gov/city-council on December 4, 2024. Tiffany Corey-Brown Agenda Item 9 page 6 of 19 Existing Site Layout 111,41iiipplic F THURSTON AVE 0 x - - . .. ' V .�, IX CL I . — . . :: 1111 is E t Z • . t 0 o -. p . I. . : 411 A . : OR c:r • It n . t -... 1 i . \ is �!'#4 S: 3 q• . w t $ ._ - I r '4 / Tiffany Corey-Brown Agenda Item 9 page 7 of 19 Proposed Site Layout Thurston Avenue a•.%Y.•i n In I 1 R 0 U) -o a 0 E 1 — 1 irt Tiffany Corey-Brown Agenda Item 9 page 8 of 19 Proposed Playground 25 T BENCH BENCH C GATE ENTRANCE SANDBOX c9 ?5P t • = 0 1 , = 25FT a :::•':::•': •' i • SWING SET _ • • SWING SET re ::i BENCH BENCH 25FT Playground will be located on the right side facing the daycare. ALL ABOUT YOU DAYCARE Tiffany Corey-Brown Agenda Item 9 page 9 of 19 Proposed Floor Plan 8'10•x 13 9 SCI 0OL AGE 24T,x 1Jre' OFFICE P•0•x 13'P' +rr.,r6• KIT KITCHEN KAU •axrn• 1P'?x 173- 1 YEARS ntO 4 YEARS OW 11T x 15 1 Mx� ROOM RESTROOM 4T4'X 61'1' • • ' 191'x14'10' 4 YEARS OLD 11'T x 15'10 INFANTS I RESTROOM l 1P'1•x E'1' 4 YEARS OI.O HALL 7771 SAAiPUTER ROOM IOU. �� 77x4•4' 16'Yx13'10' 6'1+'x 1710• l % 6'10•x1310. 6'+0'x t3't0' r7'x 14T 13'10"x 1fN• FLYER +vr x rr 3 YEARS OLD 2 YEARS OLD 1 YEARS OLD TOTAL•6600 SOFT. Tiffany Corey-Brown Agenda Item 9 page 10 of 19 Site Photos ..... . ..... - - - -- — CIO I Ea - ..- .1.•,..........-.. --- NM e. .1 . _ . . I... - -.. '''- -- — ..... .,-. is.. N:< Wrs•'- • - w , .,,... -, ':,.17;-,- 4 •;.1,' flp -•. -, '-f'.4,10111ti 4 , ...... ,,,,,,. .., . _. " .... • .,. ... ,.,. ,___-, t, , _ . -„,.. - #. .,,,„,-.1 .. ilki iv, , I . _ _ , . ' , ‘ _ , . i ______ •„,.. .- • ---iph . . ,.. . , _,,,..", lowasimogiwoot. - ... . . _. ,.., ,.,_ Tiffany Corey-Brown Agenda Item 9 page 11 of 19 Site Photos \ \ • , • Tiffany Corey-Brown Agenda Item 9 page 12 of 19 Disclosure Statement Disclosure Statement \13 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 Tiffany CoreyBro_wn Does the applicant have a representative? ❑Yes 0No • If yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?8 Yes❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) ALL ABOUT YOU LLC,Member Tiffany Corey-Brown • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the applicant. (Attach a list if necessary) ALL ABOUT YOU LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 [Page Tiffany Corey-Brown Agenda Item 9 page 13 of 19 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes El 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? El 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 sates of the subject property? ❑Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 f' ti Tiffany Corey-Brown Agenda Item 9 page 14 of 19 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee in connection with this application. evfor-15mm Applicant Signature Tiffany Corey-Brown,owner of ALL ABOUT YOU DAYCARE Print Name and Tide August 28,2024 Date Is the applicant also the owner of the subject property? ❑Yes B No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications c No dowses as•f o t• 11/19/24 , Signature 7,42,4,64, e �a LPH^"6" Madison yrd Harris EichFfolz Revised 11 09.2020 3 1 P a g e Tiffany Corey-Brown Agenda Item 9 page 15 of 19 Disclosure Statement Disclosure Statement \hri3 �� ...•_..,,.4.� Planning 8:Community Development Owner Disclosure Owner Name First Thurston LLC Applicant Name Tiffany Corey-Brown Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? (I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Clark Mountain Holdings LLC,Member James Clark,Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Clark Mountain Holdings LLC 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 5 Tiffany Corey-Brown Agenda Item 9 page 16 of 19 Disclosure Statement Disclosure Statement csy r t erd Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 1 Yes ❑No • If yes,identify the financial institutions providing the service. Ray Noftsinger 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? A Yes ❑No • If yes,identify the company and individual providing the service. Supreme Real Estate Group 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 1 No • if yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?n Yes 1 No • if yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes MI No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes (♦ No • If yes,identify the firm and individual providing the service. Revised lI 09.2020 6 I °i Tiffany Corey-Brown Agenda Item 9 page 17 of 19 Disclosure Statement Disclosure Statement Planning 8r Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes I No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature James Clark,Manager Print Name and Title 8/27/24 Date ,Ri'r i e,;1 2 OL'020 7 1 P a g r Tiffany Corey-Brown Agenda Item 9 page 18 of 19 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. Tiffany Corey-Brown Agenda Item 9 page 19 of 19 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 9 Tiffany Corey-Brown Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is agenda item#9, Tiffany Corey-Brown. Ms. Brown: Hello. My name is Tiffany Corey-Brown,and I'm here for 5701 Thurston Avenue is to open up a daycare center to All About You Daycare Center. Ms. Cuellar: Ms. Corey-Brown are the conditions acceptable to you? Ms. Brown: Yes ma'am. Ms. Cuellar: In our conversation,we want to ask you. if we could amend this to include the vinyl fencing. Ms. Brown: Yes ma'am. and I did let Madison know that I was okay with that. Ms. Cuellar: So you do agree to that condition, and when we vote we'll vote with that amendment. Ms. Brown: Yes ma'am. Ms. Cuellar: Thank you very much. Ms. Brown: Thank you. Ms. Cuellar: Are there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: The applicant requests a conditional use permit for a daycare center. The property falls within the Burton Station SGA. The area of the SGA calls for a light industrial flexible office use space. The vision for the Burton Station SGA deems this area to be unsuitable for residential or neighborhood retail uses. While the project does not perfectly align with the overall goals of the SGA, it serves an important role for the community. A daycare center will provide a much needed resource for those working in the industrial park and surrounding areas, and the area consists mostly of light industrial office use. The daycare center will not be completely out of character with the area as there is an elementary school to the east of the property that serves the neighboring residential communities. Staff believes the proposed daycare center will not only provide educational opportunities for preschool and school-aged children, but will also provide childcare opportunities for the workforce in the immediate area where this type of service is limited. Staff has further recommended some conditions, and applicant has agreed to all of those. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications#4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda#9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright,thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk:Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr.Alcaraz: Okay,thank you. Alright,so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. 2. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl or wood privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Day-Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. qR \ %OR OR R5S OR OR OR ` et R5S 1 -�pTh Stre �� / treat 1pT hs \OORR k c. r R5S ,�'�� R5S , o R5S s, ; OR OR AU A18 • OR,\ % . , _•� OR rir — No _ Street OR O Ave gel • RT.3-R.T -- _ nue .o - - \:\C' ,, - RT3 RT3 iv \\\\ 1 \ R5S � � � 7 \ OR OR ` el Ci _R5S CD _____--- 0 \ CD rott C3 \ W'Al& F. r A Site JD Enterprises VA, LLC Property Polygons DBA Atlantic Rental Homes 0 Zoning 903 Pacific Ave, Unit Ciccilificci Feet Building 0 25 50 100 150 200 250 300 rSN.'" y r.%.* f=f fs), is c: rsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES [Applicant] LEI XU [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 903 Pacific Avenue Unit C (GPIN 24272444110970). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 903 Pacific Avenue, Unit C. When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The advertisement was then deactivated on August 28, 2024, but subsequently reactivated on September 4, 2024, and documented stays have taken place. There is currently one active zoning violation on the site, for which a Notice of Violation was issued on September 18, 2024. The advertisement for the property was modified to require stays of 30 days or more. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 23 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking 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 Staffs evaluation, are provided in the attached Staff Report. One letter of opposition was received for this request. JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 2 of 5 • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue, Unit C 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 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. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 3 of 5 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 4 of 5 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 5 of 5 Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ; ( ti City Manager: C Agenda Item 5 Applicant: JD Enterprises VA, LLC DBA Atlantic Rental Homes Property Owner: Lei Xu Planning Commission Public Hearing: November 13, 2024 (Deferred at October 9, 2024 PC) City Council District: District 5 (Wilson) Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation vo Denial Staff Planner LAKE DR le: a r Alexis Bailey \t`'`'E" J PINEWOOD DR Location ` Ill 903 Pacific Avenue Unit C GP/N 24272444110970 01/ Site Size 34,984 square feet A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic OceanLipirr.,_,.„,;:tintrii... ``Aoti 51 • , Existing Land Use and Zoning District A Condominium Complex/ OR Oceanfront Resort $ -"._A Surrounding Land Uses and Zoning Districts ' # - M North • m , d°• 1 , 9 Multi family dwellings, commercial parking lot /OR ', , M�. _. Oceanfront Resort r,.. , NORFOLKAvr\ OI • _.. South , '1� :# 1" .4 R 9th Street \ st. ) 1 4 Municipal Parking Garage / OR Oceanfront Resort II ./ East F Atlantic Avenue Retail Shops/ OR Oceanfront Resort Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 1 of 14 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 903 Pacific Avenue, Unit C. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was built in 1969. • Staff inspected the site on August 27, 2024 to observe site conditions. • On-street parking is not permitted on this portion of Pacific Avenue. • When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The advertisement was then deactivated on August 28, 2024, but subsequently reactivated on September 4, 2024, and documented stays have taken place. There is currently one active zoning violation on the site, for which a Notice of Violation was issued on September 18, 2024. • While this property has been registered with the Commissioner of the Revenue in February 2019 and paying taxes since March 2019, it does not meet the definition of a grandfathered Short Term Rental in accordance with Section 241.2(12) of the Zoning Ordinance which states that only those units that have been registered with the Commissioner of the Revenue and paying transient occupancy taxes prior to July 1, 2018, shall be considered grandfathered. • While this application was initially scheduled to be heard at the October 9' Planning Commission hearing, due to questions regarding the potential grandfathered status of the property, the Planning Commission voted to defer the application to their November hearing. After further discussions with Staff and the Commissioner of the Revenue, as mentioned above, it was determined the property was not grandfathered and thus the Conditional Use Permit for a Short Term Rental was required. • Known Short Term Rental activity as of November 4, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes September 2024 Yes JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 2 of 14 Short Term Rentals in the Vicinity r ,,, 5 , ----- \ 4,______ \\ _ _____ „---\--20 ___ `y C yam �RFOLK-A 1 TNT \ iR µ S - `at .0Lex1 '�, , Short Term Rentals Summary of Proposal 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 (historical exemption applies): 1 • Number of off-street parking spaces provided: 1 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 3 of 14 Zoning History # Request oR CUP (Short Term Rental) Approved 07/09/2024 10ro" r CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 OR CUP (Short Term Rental) Approved 03/19/2024 Rss > ' ' OR CUP (Short Term Rental) Approved 11/14/2023 .: CUP (Short Term Rental) Approved 09/19/2023 111 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 NORFoLKAvE 1"5 CUP (Short Term Rental) Approved 07/11/2023 '` CUP (Short Term Rental) Approved 05/16/2023 1 CUP (Short Term Rental) Approved 05/16/2023 OR CUP (Short Term Rental) Approved 07/12/2022 \ CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/09/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 4 of 14 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 & Recommendation The applicant is requesting to operate one, two-bedroom Short Term Rental unit within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 23 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. This unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. The applicant was found to be in violation of Section 2303 of the Zoning Ordinance regulating Short Term Rentals as the site was advertising and hosting rentals without an approved Conditional Use Permit. Staff spoke with the applicant regarding the violations after which the site was briefly brought into compliance; however, the site has since been readvertised and rented. The site was issued a zoning violation on August 23r', 2024 for not abiding by the one rental contract per seven consecutive day, not abiding by occupancy regulations, and having no posted Short Term Rental sign as required by City of Virginia Beach regulations and the violation is still active. While a Short Term Rental is a reasonable and expected use at this location, due to the continued non- compliance with multiple regulations of Section 2303 of the Zoning Ordinance and the open Zoning Violation Staff believes that these actions can be considered towards the applicants future performance and compliance with the requirements found within the Zoning Ordinance for Short Term Rentals and any conditions imposed by a Conditional Use Permit. Based on the considerations described, Staff recommends denial of this application. Staff has included a list of recommended conditions should the Planning Commission recommend approval of the application. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 5 of 14 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 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. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 6 of 14 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 7 of 14 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 • One letter of opposition has been received by Staff noting concerns about traffic and parking created by a Short Term Rental. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 8 of 14 Site Layout & Parking Aerial , 1 g' . - IIP ,,, , - '1 .... ,:111 . A0114 . .__. V 4 ' - - ' "t. k- 3• 4 • \ ' '� 1 � 4-. F rater& i‘ s i3 77 n'+ ` • 4 ,j, \ ;e i . .11 iljr' . - ' 3., . ' ''' lor,, . , rill....IA 1'1 tik !I 00. .4ft- •k- -. 't*.f:;2-'1- '-'. 7: 1 '.--.-11111':.I.,•\1 1pilge _.7..,v,- NORFOLKAVElb° 0' . .,I,'. :. 4*, 1& • ' 4 . ,,,., ., . ., .. . , • ,, ,„ \ ' 777��,L 66 i •,, �1 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 9 of 14 Site Photos s 6.„_ w▪ % fir. N- w ,I f 6N I . seN. ix i T. �. i Lif - ___- i% fff -,�,.;Rc ,,, o' _� • JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 10 of 14 Disclosure Statement VBCITY OF Disclosure VIRGINIA .�� BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application JD Enterprises VA DBA Atlantic Rental Homes Is Applicant also the Owner of the subject property? YesO No® 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®NoO If yes,list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary=or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Daniel Davis,Justin Taylor Does the subject property have a proposed or pending purchaser? Yes 0 No® If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No® If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, ® O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor ® 0 Disclosure Statement I rev. May-2024 page 1 of 3 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 11 of 14 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 _ Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Daniel Davis 08/26/2024 Applicant Name(Print) App nt Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code 4 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 shored management or control between the business entities.Factors that should be considered in determining the existence of an afliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/19/24 Alexis Bailey 4Ez7 _ l9cz e 11/21/204 Staff Name(Print) Staff SignatCrfe Date Disclosure Statement I rev. May-2024 page 2 of 3 V J JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 12 of 14 Disclosure Statement Docusiyn Envelope ID F62415B5-A173-4AD7-821A-75734C487FBF SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Lei Xu Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesQNo® If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list If necessary.) Does the subject property have a proposed or pending purchaser? Yes() No® If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No® i yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 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 bodd7 or committee in connection with this application. Lei Xu Le'-' YV. 08/26/2024 Property Owner Name(Print) Property Ownerstgnature Date Disclosure Statement I rev. May-2024 page 3 of 3 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 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. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 14 of 14 STR VICINITY MAP JD Enterprises VA, LLC DBA Atlantic Rental Homes . - - U , twoi if4, vitok, ,....., , , 4, .3,,1 r !`\ r 41101_1:t .- Pi* --- ' "Al. i 141111 1 \ - I .mt irm swifry ,_ '-____ C.V---'.. ° I 11111111* i .7. \'40...,, 1\1:\ I' L ! lel McH Z i fit. gim , 1 - , �100 DNS j ter 8�1 /N < -a� \\ ii41Wk. Its. ,1 . ` OS 1 01 ' .L,L �OM%4 Short Term Rentals f % . STR Permits f551 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 05 JD Enterprises VA, LLC DBA Atlantic Rental Homes Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Thank you. Next item. Ms. Cuellar: Our next item is item#5 JD Enterprises, VA, LLC DBA Atlantic Rental Homes. Mr. A lcaraz: Please come forward. Will you both be speaking? Just state your name each before you talk. Mr. Taylor: Alright. Good afternoon, and thank you for the members of the Planning Commission for allowing us to be here today. My name is Justin Taylor with the JD Enterprises VA, LLC DBA Atlantic Rental Homes, and we are here seeking a conditional use permit for the property at 903 C Pacific Avenue in Virginia Beach. Mr. Alcaraz: Would you like to say something.just state your name? Mr. Davis: Yes. For the record, my name is Daniel Davis. Mr. Alcaraz: Okay are you the owner? Mr. Davis: Yes,partner. Mr. Taylor: I'm sorry,we did want to mention for this particular property,we acknowledge that there was some concern about this address being advertised a little bit early before this process was complete,and we did want to sincerely apologize for that. Looking back we see that that was an issue on our company's part, although there was some confusion on whether or not this property was grandfathered in or not but again we want to sincerely apologize for that, and make sure it's known that that would not be an issue for our company moving forward. We hope the Planning Commission will take into consideration the fact that we have now met all of the requirements, and that this property is in an area that's approved for short-term rentals, and the majority of the units in this particular building are or a lot of them are already used for short-term rentals. We also acknowledge that there was a concern about parking. We know that there is one parking space per unit for this particular building. We also received the document from the Planning Commission saying that there's an exception that allows, even though this unit that has two bedrooms to only have one parking space, I guess that was an agreement that was made previously just based on the size of the area. There's only enough room for one parking space, and there's a garage right next door where people can park if they have additional vehicles, so that really wouldn't be an issue whether we were approved or whether it was just a long-term resident moving into that space, and we do also hope that the Planning Commission will take our track record into consideration as a company that manages multiple short-term rentals in the overlay district, and that has obtained now about 19 conditional use permits that are all in good standing. We definitely are willing to meet all of the city's guidelines, and recommendations that have been put forth for short-term rentals. Mr.Alcaraz: Alright. Any questions for the applicant? Mr. Plumlee? Mr. Plumlee: I do want to give you an opportunity to explain mate with a little more clarity,how the mistake occurred, because it's my understanding the city had notified you all that this conditional use permit was required, but it was after the notification of its requirement that it was advertised as a rentable unit under short-term rental terms. So I'm a little confused as to how that confusion cropped up maybe it was left hand not talking the right hand, I don't know, but I want to give you an opportunity to sort of explain the details more fully if you could. Mr. Taylor: Yes sir. Thank you. So when we got this property last year, the previous owner had let us know he had been managing short-term rentals there for about five years or so that he believed it was grandfathered in. From our experience when that is the case it's a pretty quick process to get your short-term rental permit if you're not having to go through the whole process of getting a conditional use permit. We had another property at 304 28th Street the year before. We did that same process, and it was all approved rather quickly. I wanted to mention that when we did reach out to the city with zoning multiple members told us, yes you are correct this property is grandfathered in, and they actually issued us a short-term rental permit for this property by email. A few days later they came back, and said we're so sorry, there has been a mistake. This property is not grandfathered in and we're gonna have to take this permit back, so that was something that was a little confusing,but again we do acknowledge that before we ever advertise this property, we should have done our due diligence to make sure that we did have our own permit with our own name on it. So again we do apologize and moving forward, we'll make sure we won't have that issue again. Ms.Byler: So, I appreciate that partial explanation, but I am concerned because the staff has basically a policy that if you're non-compliant before you ever apply,then we don't generally recommend approval because we don't want an enforcement problem later. So if you don't follow the rules beforehand, perhaps you won't follow the rules afterwards, but you tell me, you thought you were grandfathered in, is there any way you can alleviate my concerns that in fact it was an oversight that you advertised after you were told you are not grandfathered? Mr. Taylor: So I believe at that point our listing had been taken down, I don't want to get too confused with the timeline. Again,we do apologize for having listed it early. Our listing has been taken down, and we've been waiting for the opportunity to go through this process. Again, it definitely was an oversight on our part. We thought it was grandfathered in. The previous owner had made it seem that way, and said that they didn't have any issues,and again we should have just waited to make sure that that was all sealed up, but again we hope the Planning Commission will take our track record as a company that has been managing multiple properties in the overlay district in good standing for several years now. Again, we have multiple conditional use permits,so we are aware of the process. We are doing things,trying our best to comply with all the regulations. We certainly don't want to have any issues with the City of Virginia Beach,and are trying to do the exact opposite,and hopefully can be an example of a company that has continues to successfully manage short-term rentals within the city. Ms. Byler: So after you were told that they were incorrect, when they told you it was grandfathered, and in fact it was not grandfathered, so then you didn't renew an ad or initiate another ad? Mr. Taylor: Correct. Our listing was taken down. We had not advertised for short-term rentals. Ms. Byler: Okay,thank you. I appreciate that. Mr. Plumlee: I'd just like to clarify that point too because now I'm a little confused because I thought when you contacted the city and the city said yes, you are grandfathered, you heard that from a city staff member, that's what I heard you say, is that accurate? I just wanted because I thought you indicated you contacted zoning, or someone and they told you that it was in fact a grandfathered property. In my understanding is that correct? Mr. Taylor: Yes, they did say that it was grandfathered in, and they actually issued us a short- term rental permit. Mr. Plumlee: You got that,and so at that point that's when you re-advertised it as opening is that? Mr. Taylor: Yes,that's correct,yes sir. Mr. Plumlee: Even though you had been told previously by staff that you needed a conditional use permit,I just want to make sure,I'm not really understanding the timing of how that came across, but I think it's important to clear this up, if we can. Mr. Taylor: Okay. So, again basically when we got the property, we were told by the previous owner that they believed it was grandfathered in,and because we had gone through that process before where we were able to get a short-term rental permit pretty quickly,we did move a little too quickly,and advertised it before we got the yay or nay from zoning that it was actually grandfathered in. When we did reach out to them, they said yes it was, and they did issue the short-term rental permit. Then they came back and said we've made a mistake, it's not we have to take it back,and we took the listing down. Mr. Plumlee: And then did it again get advertised? Mr. Taylor: No, it has not been advertised again since then. Mr. Plumlee: Okay,that's where I was confused, and looking at the timeline. Mr. Alcaraz: Commissioner Byler and Plumlee if I could ask staff to go ahead, and tell me, and tell us what that current violation is right now,and the dates that are on that please. Ms. Alcock: So I don't know if Kevin wants to speak to this. Typically, it's our practice that if there is an open violation for a short-term rental it remains open until the CUP is approved. Simply filing for a CUP hasn't corrected the violation because we don't know what the outcome of the CUP will be, so we leave it open until the CUP is approved. Mr.Alcaraz: So what is the date of that violation? The formal notification I guess is what I'm asking. We're trying to put our timeline together to make sure. Ms. Alcock: It looks like the notice of violation was issued on September 18th of this year. Mr. Plumlee: So that came after the second, the way it's in the staff report is the inspection happened on the 27th of August. They then deactivated the next day, but then subsequently reactivated on September 4th,and you're saying the notice of violation went out on the 18th of September. Is that? Ms.Alcock: That's correct. That's what I'm seeing in our system. Mr. Alcaraz: Mr. Plumlee does that answer your question? Ms. Byler: So I guess when you advertise, it's not automatic that you're advertising for immediate occupancy. So you could be advertising saying this would be available hypothetically November 1 or some other time. Mr. Taylor: Right, but we acknowledge that still would be considered a compliance issue that you're not supposed to advertise at all. So that was our mistake, and again we do sincerely apologize for that. Ms. Byler: So the city is saying that you put in a new ad after you had been told that it was not grandfathered and your short-term rental application, or permit had been revoked. Mr. Davis: So when it was denied, or the application when they said that it was not in compliance. We did change it to 30 days or more starting for October, for September for that calendar, unfortunately, that wasn't edited, it wasn't changed, and so that's why it looked like it was open, but moving forward from October 1, and moving forward is all 30 days,or more. Mr. Taylor: So I hope that's not confusing. They do allow you to have your listing up, if it's for 30 days or more, but if it's less than 30 days, it's considered short-term rentals, which it would be a compliance issue, so I know that sounds, it's probably getting a little confusing but. Mr. Alcaraz: So your advertisement was for 30 days is what you're saying? Mr. Taylor: Yes. Mr. Alcaraz: The one that you got a violation on? Mr. Taylor: No the violation was for short term,then that was changed to only 30 days or more. Okay. Mr. Plumlee, I'm sorry. Mr. Plumlee: But it did go back to short term after we got the permit that was issued to us because we're thinking at that point we're okay. When they went back,and said sorry,we've made a mistake we did have to remove the short-term rental listing. Mr. Plumlee: Did that phone call occur after the inspection by the city,and before you reactivated on the 4th of September is that when you learned from the city you believed that you were in compliance? That's an important moment to understand when that call happened? Mr. Taylor: We don't have the dates when that call happened, but that sounds correct. Ms. Byler: Well. I'm convinced that there was a confusing situation,and that we representing the city were at least a part of the confusion,and I'm sorry for any part that the city played in that. It sounds to me like you were trying earnestly to be compliant, and if you have a track record on other properties, and no violations on those, it does speak to the manner in which you conduct your business. Have you had any other violations on the other properties you manage? Mr. Davis: Yes, recently for 516 19th Street Unit 3A that was not renewed, I guess the expiration date, and then they contacted us say, hey this expired, you'll need to renew your zoning permit,and so since then we removed that listing,and then we're in the process now of getting the renewal. Ms. Byler: Okay thank you. Mr. Mauch: So just for clarification are you currently advertised for a short-term rental right now? Mr. Taylor: No sir. Mr. Mauch: Okay, and does the city have a way to know this is just for staff, sorry,whether it's correct, is that correct or not? Ms. Alcock: It is listed as a 30-day plus rental. Mr. Alcaraz: Alright,any other questions? Mr. Plumlee: I think what you meant to say you weren't violated on that other property,that's not a violation. It sounds you notified that it had expired, you would not receive the notice of violation. I just want to make it clear that there wasn't another violation out there. Mr. Taylor: Oh yes. I'm sorry. I just wanted to bring that up anyway that's correct. Mr. Alcaraz: Okay. Thank you very much. Ms. Hippin: Okay. I think I think we got it straight, but I was making sure, so you bought the property, you were told by the previous owner, hey, this is grandfathered, so you advertised it? Mr. Taylor: Yes ma'am. Ms. Hippin: You were told by the city, yes this grandfathered. Then you were told by the city, no it's not. You remove the advertisement for less than 30 days for short-term,but you advertise it as a long-term, is that correct? Mr. Taylor: Yes ma'am. Ms. Hippin: Okay. So the current advertisement that you have on it is a long-term advertisement? Mr. Taylor: Yes ma'am. Ms. Hippin: Okay. You do not have any other violations correct or not-correct? Mr. Taylor: Correct. Ms. Hippin: Okay. So your tickler is set up, so that you don't have to go through this again right? Mr. Taylor: Right. Ms.Hippin: Awesome. Mr. Alcaraz: Any other questions? Mr. Mauch and Mr. Cromwell? Mr. Mauch: Just from staffs opinion, does that timeline sound correct that Ms. Hippin just asked? Ms. Hippin: Let me say it again. Ms. Alcock: This one is just, there's a lot involved with this one. So, initially as he mentioned reached out to our staff in the zoning division for an STR permit, it was issued an error that permit was then voided. They were told they needed to come through the conditional use permit process. At that time,they were told you cannot list or rent this unit as a short-term rental, until you go through the CUP process. Based on our research and using host compliance, the listing was deactivated. Let me just get the date here on August 28th 2024,but then we do show that it was subsequently reactivated on September 4th with documented stays having taken place since then. We did check now it is up there as a long-term so 30-day plus rental. Mr. Cromwell: You all said you just came into possession of this,you bought it recently, is that correct? Mr. Taylor: This summer. Mr. Cromwell:This summer. Okay. Would the previous conditions that it was not in the short- term rental when that should not have been disclosed in the closing documents, when you bought the property? Mr. Taylor: Well,that was part of the confusion. The previous owner had shown us that he had been operating as a short-term rental for about five years, and said he did not have any issues, and believed it was grandfathered in. Now we should have done our due diligence to make sure that was correct, and make sure that we also have our own permit,and our own company's name first before doing anything, so that was really the first main oversight that we made,and we do apologize for that. Mr. Alcaraz: Thank you. Alright Mr.Cromwell, everybody else? Mr. Taylor: Alright. Gentlemen,I guess you can see that the concern here is that we make sure that short-term rentals are in compliance, and if they're not, there is a process that hasn't been done yet, but there's a revocation that can happen. So anyway, I don't know which way it's gonna go, but I'm gonna close it right now. We're gonna go in discussion, and maybe a vote,and then we will go from there. Mr. Plumlee: Was there someone who was going to voice an objection. I thought that was brought up at the end. Mr. Alcaraz: I asked for speakers and there were none. Ms.Alcock: We just have the letter, but no speaker signed up for today. Mr. Alcaraz: Okay. Thank you. Mr. Taylor: The letter was about the parking situation, so as we explained that really wouldn't change regardless if it's short-term or long-term, there's only one parking space available at that building for each address, and then there's a parking garage right next door where people can park additional vehicles. Mr. Alcaraz: Alright, you can be seated. Thank you. Commissioners I open for discussion, if there is any or if not a motion. Ms. Hippin: Okay. I'm gonna just take a swag at this here. It seems that these gentlemen purchased a property,and they were given bad information by the previous owners. Then they got a mistaken certificate from the city,and they've stopped advertising. My only question is that there were subsequent stays during this time. Were they short-term stays or long-term? Ms.Alcock: Based on the information we have, there were documented short-term rental stays in September. After they were notified of the need for the conditional use permit. Ms. Hippin: Okay. I would say that the due diligence part is the issue. Mr.Alcaraz: So are you making a motion or is there any more discussion? Mr. Mauch: Coming into it reading all the stuff that we had. I was under the impression that it was clear violation, and kind of knowingly, I don't really know if it is the case as black and white as what is on the paper. So, I am a little conflicted. I was thinking one thing,and I might be thinking something different now. I am not willing to put a motion on the table, but I wanted to voice that just because it was a lot of confusion with this one,and I am still thinking about it. Mr. Alcaraz: Any other comments? Ms. Cuellar: I just wanted to comment that I feel like there is a responsibility on the part of the city as much as there is on the owner, and that there was misinformation shared to the applicant that makes me pause to reflect on how we as a city can best serve our citizens when it comes to these grandfathering clauses for short-term rentals. So that's something that I'm learning in this process as to how that's best managed. I feel the applicant was humble today in earnest,and that our City Council has put in these opportunities for short-term rentals, and this is just a little more complicated than I expected. Ms. Byler: Hi, Commissioner Byler here. I appreciate everything that's been said, and you know I've had issues with the way the city has handled compliance on short-term rentals before because we've been understaffed, and I have sympathized with neighbors who have put up with undocumented short-term rentals or too many people, or too loud parties,and which we're working on that, but the possible non- compliance issue today doesn't fall into any of those categories in my mind. This seems like administrative error, nothing more, nothing less, and we were a part of it. So I'd like to make a motion that we approve the application. Mr. Alcaraz: Alright a motion by Ms.Byler. Second by Mr.Anderson. It is open for discussion? Mr. Mauch: Quickly if I could ask a question. With the most recent stays do we know if they are registered with the Commissioner of the Revenue, and have the transient occupancy taxes been paid for those? Ms. Alcock: Yes, they have been registered and paying transient occupancy taxes with the Commission of Revenue since February of 2019. So that's why for the grandfathered date that's as of July 1, 2018. So, they have been paying, and they just didn't meet that cutoff for the grandfather's status. Mr. Mauch: Thank you that was helpful. Mr. Alcaraz: Alright. No more discussion. The vote is open. Madam Clerk:Commissioner Alcaraz,we'll just need a verbal vote from you then. By a recorded vote of 8:2 item#5 JD Enterprises VA, LLC DBA Atlantic Rental Homes has been recommended for approval. Mr. Alcaraz: Guys. Congrats. Just stay in compliance. Vote Tally AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue, Unit C 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 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. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. a) 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. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. From: Ron Anglin To: Alexis Bailey Subject: SHORT TERM RENTALS Date: Monday,November 4,2024 11:58:28 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Application by Lei Xu and Charles A Young for short term rentals at 933 Pacific Ave unit D and 903 Pacific Ave unit C should not be approved. I believe this would increase the traffic and parking problems in this area. Ron Anglin .. w' " JR A . r Pow N OR , OR / OR OR •, 1 - Rq5. / O R RSS� 1 __� street tOR 10Th - TP,„ R5SIOR ` �' -o `,. lte 91. 1 R5S �'0. o `\ R5S = T A18 1 � �\Y" co Al 8 • O'R cc '� OR co i NO oI th Street 7 O R �_ Avenue 9 r + iR1\3 RT3 RT3 7; Lcs OR OR \ \ SI RR5S .1 110° X Q...iiiill \ ° ft Charles Young W,740.E .= Site 933 Pacific Avenue, Unit D S Property Polygons Zoning Feet Building 0 25 50 100 150 200 250 300 i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHARLES YOUNG [Applicant] CHARLES A YOUNG [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 933 Pacific Avenue Unit D (GPIN 24272444111215). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 933 Pacific Avenue, Unit D. On August 5, 2024, the applicant applied for a Short Term Rental Permit and was made aware a Conditional Use Permit for a Short Term Rental was needed. When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The rental listing was deactivated and there have been no documented stays since September 22, 2024. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 23 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking 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. One letter of opposition was received for this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Charles Young Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. 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 Charles Young Page 3of4 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 Charles Young Page 4 of 4 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. a) 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. b) 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 Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I Submitting Department/Agency: Planning Department r City Manager: Agenda Item 8 Applicant and Property Owner: Charles Young VB Planning Commission Public Hearing: November 13, 2024 City Council District: District 5 (Wilson) Project Details Request Conditional Use Permit (Short Term Rental) S�0a Z, • .�j Staff Recommendation 01 s Approval 1001` 0rw1111--il .66Y44 �Staff Planner '10+ Alexis Bailey _ •- w� _ Location MY AR `pEL PO NI 933 Pacific Avenue Unit D r V1RG 0A GPIN cAaG`1HAA4pow yE i,� rk-s\ 24272444111215 HEN app6N� s ' Site Size 34,984 square feet —v— - AICUZ 65-70 dB DNL; Sub-Area 1 ' Ilr'fO , '` Watershed • •9 " il Atlantic Ocean % SO ^; '"' . D s7 TC d - ! r.,wa 1t % Existing Land Use and Zoning District 'm ' ' - , 4 \ Condominium Complex/OR Oceanfront Resort • '.' r• `rt"<' . , Surrounding Land Uses and Zoning Districts ` � � *' ■ North NORFOIKAVE a..t.i 'k,: , _ at Multi-family dwellings, commercial parking lot/OR sue. Oceanfront Resort z - South \ \. It i 9th Street Municipal Parking Garage/OR Oceanfront Resort East Atlantic Avenue Retail Shops/OR Oceanfront Resort West Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort Charles Young Agenda Item 8 page 1 of 14 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 933 Pacific Avenue Unit D. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on September 25, 2024 to observe site conditions. • On-street parking is not permitted on this portion of Pacific Avenue. • On August 5, 2024, the applicant applied for a Short Term Rental Permit and was made aware a Conditional Use Permit for a Short Term Rental was needed. When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The rental listing was deactivated and there have been no documented stays since September 22, 2024. • Since this property was not registered 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 November 4, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2024 No Charles Young Agenda Item 8 page 2 of 14 Short Term Rentals in the Vicinity --- '6;'---- , . — II ''''\--\ \\t-- ___4 so Ids 11, 11 ' v s11111_►► iF�1 . \--„---\\, ifio ��!• , �I�fhai&i 1, - RFOLK-AVE — �'°" "� ..t, -.'-01 tili 1.\\., i_\5_14rti \ ___\\ aN \pc,,v, , , H 5igg iiivt r ___-, aT '''\ r1� 0. ...,„, . , aJ%e _„, . , _, v„,,•11 110-,-7. A a y t4-F�Y '\ , Short Term Rentals 1 ' '' _i h i1 ____ _ Charles Young Agenda Item 8 page 3 of 14 Summary of Proposal 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 (historical exemption applies): 1 • Number of off-street parking spaces provided: 1 Charles Young Agenda Item 8 page 4 of 14 Zoning History # Request CUP(Short Term Rental) Approved 07/09/2024 lAt CUP (Short Term Rental) Approved 06/04/2024 , : CUP(Short Term Rental) Approved 05/21/2024 OR CUP(Short Term Rental) Approved 05/21/2024 Rss CUP(Short Term Rental)Approved 03/19/2024 CUP(Short Term Rental) Approved 11/14/2023 •/ CUP(Short Term Rental) Approved 09/19/2023pp CUP(Short Term Rental) Approved 09/19/2023 �,� CUP(Short Term Rental) Approved 09/19/2023 "ORFOL`"vE CUP(Short Term Rental) Approved 07/11/2023 CUP(Short Term Rental) Approved 05/16/2023 OR 1 CUP(Short Term Rental) Approved 05/16/2023 CUP(Short Term Rental) Approved 07/12/2022 CUP(Short Term Rental) Approved 04/05/2022 CUP(Short Term Rental) Approved 11/09/2021 Application Types CUP(Short Term Rental) Approved 11/09/2021 CUP: MDC: Modification of CUP(Short Term Rental) Approved 04/06/2021 Conditional Conditions CUP(Short Term Rental) Approved 03/02/2021 Use Permit MDP:Modification of Proffers CUP(Short Term Rental) Approved 10/20/2020 REZ: NON:Nonconforming Use Rezoning STC:Street Closure CUP (Short Term Rental)Approved 08/25/2020 CRZ: FVR: Floodplain Variance CUP(Short Term Rental) Approved 08/25/2020 CUP(Short Term Rental) Approved 06/11/2020 Conditional ALT:Alternative Compliance CUP(Short Term Rental) Approved 02/04/2020 Rezoning SVR:Subdivision Variance CUP(Short Term Rental) Approved 12/13/2022 LUP: Land Use Plan CUP(Short Term Rental) Approved 12/13/2022 STR:Short Term Rental 2 CUP (Short Term Rental).Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 Evaluation & Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 23 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Charles Young Agenda Item 8 page 5 of 14 The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. The site is not currently listed there have been no documented stays since September 22, 2024. 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 933 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. 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. Charles Young Agenda Item 8 page 6 of 14 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. a) 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 Charles Young Agenda Item 8 page 7 of 14 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. b) 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 • One letter of opposition has been received by Staff noting concerns about traffic and parking created by a Short Term Rental. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council Charles Young Agenda Item 8 page 8 of 14 • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Charles Young Agenda Item 8 page 9 of 14 Site Layout & Parking Plan AOIN 51- 4 t 4 ) 4 4 ,, 6' 1 R 9 E ii 17 _.. 0 ..-A ' '04.. Z , ,....‘ • . •• ... ... .... _0- . •.t. . ... ,..iiii \z53,. . . 0 , V 0• , . - e. ' 411\14, ' 4. , floor. \-1,4*'. , ' te...b..1•47---"" 't'' i-t �� NORFOLKgvE lipir N J iii;--4-3 .. ... .. .... , , . , . 1 „ ' f- • _ 1 ► IP ill \\\ ' Sk \ i \ . I Charles Young Agenda Item 8 page 10 of 14 Site Photos ■_ �= - e r � - -. - PI : .--- 1111111 - _- a^ :. J _ . 7: , .0:, '''' ' a..:.: .. ::,,,..7... .„,.: 4ttui44 ..... : 1-ilio.:-.----- Charles Young Agenda Item 8 page 11 of 14 Disclosure Statement VB CITY °F Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Charles Young Is Applicant also the Owner of the subject property? Yes°No° If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No0 If yes,name Representative: Whitney Young Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo° If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'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 intemst in he subject land or any proposed development contingent on the subject public action? Yes No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, ® 0 PHH Mortgage cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 ® Disclosure Statement I rev. May-2024 page 1 of 3 Charles Young Agenda Item 8 page 12 of 14 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 MatthewTanpulis Fair Tax Service Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Charles Young 09/19/2024 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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 Loral Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/21/2024 Alexis Bailey /4 jade 11/21/2024 Staff Name(Print) Staff Signatur 7 Date Disclosure Statement I rev. May-2024 page 2 of 3 Charles Young Agenda Item 8 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. Charles Young Agenda Item 8 page 14 of 14 STR VICINITY MAP Charles Young *�N \ fin-04 44f .146---1:_ - .Ill ir r, 94 VI* , 11`\ r T ILI . \. ,11 .Wit'' IP --i •4 ' \-4 ��s ', eft ®LKAV Tom• . :, i to 5 i.-Ts--- Tri,...- ( \.v so: . ,... , v. -, -B-vv4 ``' N Its ' -'- �t.el,, , • --_. \ \ ..„, ,, _.,. ,:, \\*, 111 1� -- 1 .'c‘-'\1k - .64' �1:� Short Term Rentals Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #8 Charles Young Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Next item? Madam Clerk:Number 8, Charles Young. Mr.Alcaraz: Good afternoon. Just state your name. Mr. Young: I'm Charles Young. I'm applying for conditional use permit on 933D Pacific Avenue. Mr. Alcaraz: Any information that we need to know, so we can vote on you? Mr. Young: I am kind of new, and I don't know much what else to say. Mr. Alcaraz: Okay. Is there any opposition here? None? So just stay right there. We're gonna have the commissioners ask you any questions if there are any. Any commissioners want to ask any questions? Mr. Plumlee: Mr. Young, there appears to have been an ongoing operation at the time the city conducted the inspection. There was an ongoing short-term rental was that, is that accurate? Mr. Young: Yes sir. Mr. Plumlee: What was your understanding at that point with regards to your ability to be operating short-term rental? Mr. Young: I thought I was grandfathered in from when I first purchased the place as far as our whole building. I was grandfathered in at Pacific Place, so I rented it out right away. A family member of ours, like a few months ago purchased rental as well because we were doing pretty good, and they notified and told us that you had to have a permit,so that's when we applied for one,and then we got the email,actually we had to couple applications because we put it in the wrong way. We got an email stating that we had to take it down, and we got that email that we ended up taking the listing down. We got the email stating that,so that's kind of where we're at right now trying to make everything right. Mr. Plumlee: So you had owned it for how long before this? Mr. Young: I'm in the property since 2020 I believe. Mr. Plumlee: So you had operated short-term rentals throughout that entire period, is that? Mr. Young: Yes sir. Mr. Plumlee: Let me ask you this. Do you have any other short-term rental properties that you manage other than this location? Mr. Young: I don't manage them. I do have some,but they're in the outer banks. Mr. Plumlee: Have you ever been cited for a violation for noise,or parties,or you know neighbors upset with activities anything like that. Mr. Young: No sir, not to this point. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other questions? So you manage this property,one in the outer banks. Do you live here locally? Mr. Young: I live in Chesapeake Virginia. Mr.Alcaraz: So, if there's any problem you can be there as it's stated. Mr. Young: If there's a problem with the property, yes. I live 30 minutes from the property. I work 10 minutes from the property minutes Monday through Friday, and I do the same thing in the outer banks. If there's an issue, I actually drive an hour down there,and take care of things right away. Mr. Alcaraz: Did you go apply for the application before you got the violation? Mr. Young: Before I got a violation? Mr.Alcaraz: You said you asked your friend or family? Mr. Young: No, the family member bought one and said, and they applied and said that we weren't grandfathered,and that we had to get one. I tried to argue with them about it, but they said we had to get one, so we says agreed and applied. Mr. Alcaraz: So you applied,and then you got a violation after you applied? Mr. Young: We got an email saying, I haven't gotten a violation. Mr.Alcaraz: I don't have any other questions. Anybody else? Alright. You can be seated. Open for discussion. Mr. Plumlee: I didn't vote to approve the last one in this location because I wasn't sure what we're gonna hear on the second one,and I didn't want to rush in to a recommendation on the first not getting a sense of both of them because they're in the same building. I mean this is the same place, and so it's kind of an unusual situation like that, but this sort of, I guess narrative about how things begin, there does appear to be confusion in it. This is not the nature of a violation of throwing parties with 200 people, and somebody injured or anything like that. This is getting permitted and coming in. I think hearing this, I would go back and reverse my vote and support that one because I want people coming in and getting their approval, and getting into the system. This has been an area designated for this use. We put them through all the strictures of what they can do and can't do, and how many parking spaces and all that, so for that reason. I wanted to explain the difference. I would move to prove it. Mr. Parks: Bryan couldn't have said it any better for me too. I was the same way when I voted on the previous, and hearing both, I would also probably change my vote knowing now,the same circumstances,and that it seems to be pretty commonplace that folks seem to think this is grandfathered in,when it's really not. Mr.Alcaraz: Okay. So I have a motion by Mr. Plumlee. Second by Mr. Parks. Any other additional comments or discussion? None. We will open the vote. Madam Clerk:We'll just do a verbal vote for Mr.Alcaraz. Mr. Alcaraz: Yes. Madam Clerk:By recorded vote of 10:0, item #8 Charles Young has been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. 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. a) 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. b) 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. From: Ron Anglin To: Alexis Bailey Subject: SHORT TERM RENTALS Date: Monday,November 4,2024 11:58:28 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application by Lei Xu and Charles A Young for short term rentals at 933 Pacific Ave unit D and 903 Pacific Ave unit C should not be approved. I believe this would increase the traffic and parking problems in this area. Ron Anglin Al2 tbi o/ In °'�1111� 01111111.11171111 ;A1�2 .0/ M 1 _ Al 2 ,,�, Al2 got` Al2 A-1-2 /eV o / '93 c CD Eil B2 B2 g >, _ o ._ ( to.Q ci?L1 172 B2 a B2 B2 Ei g B2 ❑ o ❑ E:iio - _ / io 1 d —264) --- 264 Virginia gea�h_B_ou� `-� evard SBA B2 N VA Site Lakewood Home Builders Property Polygons 2000 Virginia Beach Boulevard Zoning m i Feet Building 0 25 50 100 150 200 250 300 u e ` f043,f�,�. f f 1 d i' CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: LAKEWOOD HOME BUILDERS [Applicant] MAH INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Indoor Recreational Facility) for the property located at 2000 Virginia Beach Boulevard (GPIN 2407369317). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024 • Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a wrestling club within an existing 9,914 square foot retail building. The property is zoned B-2 Community Business and is located within the Hilltop Strategic Growth Area (SGA). The Zoning Ordinance requires a Conditional Use Permit for Indoor Recreational Facilities greater than 7,500 square feet. There are no proposed changes to the existing building, except for signage. Typical hours of operation will be Monday through Thursday, 6:00 p.m. to 8:00 p.m., Saturday from 9:00 a.m. to 11 :00 a.m., and Sunday from 9:00 a.m. to 1:00 p.m. • Considerations: The proposed use is compatible with the other commercial uses located in the in the vicinity and is an excellent reuse of the vacant retail space. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use contributes to the day-to-day life of residents and supports their recreational needs. A minimum of 50 parking spaces are required for the proposed use while only 31 are provided on site. Due to the parking deficiency of 19 spaces, a parking study was submitted to and approved by the Zoning Administrator to permit shared parking with the adjacent parcel located at 2053 Laskin Road (East Coast Appliance). Based on the analysis provided, the sharing of spaces will not conflict with the peak operating hours of East Coast Appliance. Per the applicant, no more than 20 parking spaces are anticipated to be used on site at any given time, therefore, the on-site parking spaces should be able to accommodate the applicants anticipated demand. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Lakewood Home Builders Page 2 of 2 1 . Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE — 2000 VIRGINIA BEACH BOULEVARD — PARCEL C-3AA — LAYOUT & PLANTING PLAN, DRAWING NO. C-3.1", dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: tAr Agenda Item 4 Applicant: Lakewood Home Builders Property Owner: MAH Investments, LLC Planning Commission Public Hearing: November 13, 2024 VB City Council District: District 6 (Remick) Project Details Request Conditional Use Permit (Indoor Recreational E«l« Facility) Staff Recommendation I` I Approval a Staff Zleman Location 2000 Virginia Beach Boulevard GP/N • 2407369317 Site Size 32,680 square feet A/CUZ Greater than 75 dB DNL; APZ-2 Watershed • Chesapeake Bay ea, :oh.' � Existing Land Use and Zoning District Retail/ B-2 Community Business • $ ` .• Surrounding Land Uses and Zoning Districts ++ North •� jw.,,� Office/ B-2 Community Business 4 aEAC„a,v, South S i•z:c —. M Virginia Beach Boulevard , Transfer Station/ B-2 Community Business "`��:f�4' •' a6 East Phillip Avenue Undeveloped parcel, automotive dealership/ B-2 Community Business West Retail/ B-2 Community Business Lakewood Home Builders Agenda Item 4 page 1 of 13 Background & Summary of Proposal • The applicant seeks to convert the former 9,914 square foot East Coast Appliance retail building into an Indoor Recreation Facility for a wrestling club.The property is zoned B-2 Community Business District and is located within the Hilltop Strategic Growth Area (SGA). • The site plan for this property was approved in 2015 and the existing landscaping on site satisfies the requirements for streetscape, foundation, and parking lot landscaping. • There are no proposed changes to the existing access points from either Phillip Avenue or Virginia Beach Boulevard with this application. • The proposed hours of operation are Monday through Thursday, 6:00 p.m. to 8:00 p.m., Saturday from 9:00 a.m. to 11:00 a.m., and Sunday from 9:00 a.m. to 1:00 p.m. • Per Section 203 of the Zoning Ordinance, an indoor recreational facility requires one parking space per 200 square feet of floor area.The proposed use requires a minimum of 50 parking spaces. 31 of the required parking spaces are provided on-site, and the remaining 19 parking spaces are proposed to be shared with the East Coast Appliance Super Store located at 2053 Laskin Road. A Parking Study was submitted and approved by the Zoning Administrator in accordance with Section 203(b)(10) of the Zoning Ordinance. Zoning History Map Key No. Request f 1 REZ (A-1 to B 2) Approved 1 08/13/1984 .2 �. "ROOM eM cweWp 264 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 Lakewood Home Builders Agenda Item 4 page 2 of 13 Evaluation & Recommendation This proposal to reuse a vacant commercial space for an Indoor Recreational Facility is, in Staff's opinion, acceptable.The use is consistent with the Comprehensive Plan's Land Use Policies for this area, as the use contributes to the recreational needs of nearby residents. As mentioned previously, the site is currently deficient in parking by 19 spaces. A parking study was submitted to and approved by the Zoning Administrator, to permit the sharing of parking spaces with the adjacent parcel located at 2053 Laskin Road (East Coast Appliance). Based on the analysis provided, the sharing of spaces will not conflict with the peak operations hours of East Coast Appliance. According to the applicant, no more than 20 parking spaces are anticipated to be used at any given time; therefore, the on-site parking spaces should be able to accommodate the applicant's anticipated demand. The applicant intends to install new signage for the proposed use.Three building-mounted signs will be installed totaling 219 square feet, where 236 square feet is allowed, as such the proposed signage meets current zoning requirements. If the signs change in size, above which is allowed per the Zoning Ordinance, the applicant shall apply for a BZA variance. Condition 4 has been added indicating that all proposed signage must meet the requirements of the Zoning Ordinance, unless authorized by the Board of Zoning Appeals. In sum, the proposed use is compatible with the other commercial uses in the area and is an excellent reuse of the vacant retail space. Based on these considerations, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE—2000 VIRGINIA BEACH BOULEVARD —PARCEL C-3AA—LAYOUT& PLANTING PLAN, DRAWING NO. C-3.1", dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development Permits and Inspections Division,the Health Department, and the Fire Department.The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those Lakewood Home Builders Agenda Item 4 page 3 of 13 administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Hilltop Strategic Growth Area in an area that is recommended for non-residential mixed-use. New and redevelopment of parcels within the SGAs are recommended to have reduced setbacks along the street with parking located in the rear or side of the building and installation of pedestrian pathways to promote foot traffic. While the existing site layout does not align with the recommendation of the Comprehensive Plan for development within the SGAs, this proposal would reactivate a vacant commercial space and provide a recreational amenity for the community. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 28 700 ADT 25,100 ADT 1(LOS 4 ExistingLand Use 2-410 ADT g 1 /,D") Proposed Land Use 3-No Data Phillip Avenue No Data Available 9,900 ADT 1(LOS 4"D") Available 1 Average Daily Trips 2As defined by an 3As defined by a 4LOS = Level of 0.75-acre B-2 zoned 10,000 SF Wrestling Service parcel Club Facility Master Transportation Plan(MTP)and Capita/Improvement Program(C/P) Virginia Beach Boulevard, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a 100-foot right-of-way. The MTP proposes a four-lane Lakewood Home Builders Agenda Item 4 page 4 of 13 facility within a 145-foot right-of-way. There are currently no CIP Projects programmed for this segment of roadway. Phillip Avenue, in the vicinity of this application, is considered a two-lane undivided local street. It is not designated on the MTP. There are currently no CIP projects to upgrade this roadway at this time. Active Transportation P/an The Active Transportation Plan calls for side paths along Virginia Beach Boulevard. However, due to the scope of this project, namely that the applicant is occupying an existing building, and no exterior site improvements are proposed, with the exception of signage, staff is not requiring the applicant to complete the recommended improvements. Public Utility Impacts Water&Sewer The property is connected by City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 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 November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Lakewood Home Builders Agenda Item 4 page 5 of 13 a' E -0 4- CLI 0 M - LC) 1VI-UIVelle Alio•oni.v.i.o NVld 9603'31 11200100•31V0 101d a) 7:3 ijii • 10INIR 1 I IISIIII 0 I r, I • '.• I.E-0 ' •-••••••'.,-;;:.7--C,., , -' ...- .',...!... ......--- • ...1'• . . ,.„,„ •.- - , ...s.I'1- ....... ••7'.'-• abitYry.f...10.4..4;91t O 1341.1.Nrld I In0AY1 ' ---, OE 0.0(7 , ON NYld ) (1:13-i • ,,.....s. 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I • -1 • I a OIC- IM V 0 CIA 0 ilm Om Proposed Signage d311 .t. 4_, 1 1L ��L of • luixwM�: . - ' 0 �r s .i. --_-- Tin,, poi ____. . . __ _ i L. :.., ,, . ., ,,, - m ii i ' -4-* ' y. ". - . - , I ..1,..‘, ,,,:_.,.511 ,... J r Lakewood Home Builders Agenda Item 4 page 7 of 13 Site Photos Iii!mii! : ::::...:::::::,.......:._ ,. .. 0 iiiimm•quipico. t.,.:_r_„ . , ......„:„.,__. _ ________:..................._____,......_ ,........., _. . .„,„..."r--s'-----_-_-_-:.----- --.---7--...::_-_-- _ ' '� - - ` I] ' - . • GiNak* lip �� ,art / . 114116... '. „ S. ... -T-;_ - -T.411,111101th \... r1. ..R � �., _ _ war~I _ 1 ..�i��. " 1-1 r� -t�•` `t _ _ .l sty. •' 4 Ilm ---: • u.ii, . .---' .m s — _i _• - , y - : \ .-:. Lakewood Home Builders Agenda Item 4 page 8 of 13 Site Photos F. -. • Willillillril44111111iVill-,.• - -,..,. _ - fit" � r Eli• __ IIiiiiMI • • A. klimitemb. , lei:_ - - F$ `ea.-. . 1 �''�1C. .�7'. yam'. t ,+Y w ram.• ,. r A.• Lakewood Home Builders Agenda Item 4 page 9 of 13 Disclosure Statement VB o r 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 Lakewood Home Builders Is Applicant also the Owner of the subject property? Yes Q No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes()No() if yes,name Representative: Billy Garrington Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®NoQ if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary s or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Richard Stageberg,Jr.-Lakewood Home Builders, Inc. Does the subject property have a proposed or pending purchaser? Yes 0 No® If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes()Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. May-2024 page 1 of 3 Lakewood Home Builders Agenda Item 4 page 10 of 13 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 j Architect/Designer/Landscape O O McNaughton Architecture Architect/Land Planner Construction Contractor 0 0 Lakewood Home Builders Engineer/Surveyor/Agent 0 0 WPI- Legal Services c 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application hos 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. Richard D.Stageberg, Jr. I /0-2/-2 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 11/19/2024 Marchelle L. Coleman `�e4tu- 11/19/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Lakewood Home Builders Agenda Item 4 page 11 of 13 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: MAH INVESTMENTS, LLC as rested on application Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes®NoQ If yes,fist the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary,'or a'filiated business ent:• 2 relationship with the applicant.(Attach list if necessary.) Michael A Hiller,Managing Member Does the subject property have a proposed or pending purchaser? YesO No® U.yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an offidal or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No® I3%'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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 O Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 O Lakewood More B" s Engineer/Surveyor/Agent _ 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. Michael A. Hiller /- - Dcr- ,.^- 20 2 / Property Owner Name(Print) Property Owner Signature Date tlicrincnrn StatpmPnt I row laav_7n74 naon 7 of Lakewood Home Builders Agenda Item 4 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. Lakewood Home Builders Agenda Item 4 page 13 of 13 Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 4 Lakewood Home Builders Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right. Thank you,Madam Clerk. Our next order of business is for consideration requests for withdrawal or deferrals. Are there any applicants here that would like to withdraw their application? The record states there are none. Are there any applicants that would like to defer their application? The record shows that there are none. Alright, at this point I'd like to hand it over to our vice-chair so she can go over the consent agenda. Ms. Cuellar: Thank you, Mr. Chairman. Today, we have five items on the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission has concurred. There are no speakers signed up in opposition. Our first agenda item is, item #4 Lakewood Home Builders. Is there a representative here today to speak on this? Mr. Garrington: Good afternoon, Mr. Chairman, ladies and gentlemen of the Planning Commission for the record Billy Garrington. On behalf of the applicant Lakewood Home Builders, 2000 Virginia Beach Boulevard. Our disclosure statement is current. All of our fees have been paid. Four conditions attached with us with the staff write-up,and we are in total agreement with those four conditions. Thank you for considering this on consent agenda, and again I would like to thank Marchelle Coleman for all her fine work that she always does, and wish everybody a Happy Thanksgiving. We all got a lot to be thankful for. Ms. Cuellar: Thank you so much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Plumlee to read this into the record. Mr. Plumlee: The applicant Lakewood Home Builders has requested a conditional use permit for an indoor recreational facility. This is at 2000 Virginia Beach Boulevard. It's an application to convert 9900 square feet of East Coast Appliance retail building into an indoor rec. It was determined by the planning staff that it was not in compliance with the comprehensive plan, however, our staff is recommending approval based on this being a vacant commercial space that will provide a needed opportunity for the community, and therefore with the recommendation of our wonderful staff, there being no objection from the community. The Planning Commission has placed us on the consent agenda. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? 4' Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda#9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright,thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So,there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk:Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay,thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE — 2000 VIRGINIA BEACH BOULEVARD—PARCEL C-3AA—LAYOUT& PLANTING PLAN, DRAWING NO. C-3.1", dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ....■.......!!.hill....tiltilli.i If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ti.11sttitlitlttt.tttttt. 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@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r871677402b469793e1 cdcl 6ead543733 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, December 10, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS c S B H S E U - S DATE:12/03/2024 PAGE: 1 R T H C L HCR A H T W W U EH EMR U A I O CDN EMMOL Y L O CYL S I OUML S T AGENDA HE EOCNS A O O E ITEM# SUBJECT MOTION VOTE I R YNK D ENRNN 1 CITY MANAGER'S BRIEFINGS A. STORMWATER OVERVIEW L.J.Hansen,Director— Public Works B. FLOOD PROTECTION PROGRAM AND Toni Utterback, FINANCING UPDATE City Engineer Kevin Chatellier, Director—Budget C. STORMWATER ERU CAPACITY AND Kaitlyn James,Deputy RATE ANALYSIS Director—Budget D. COASTAL RISK STORM MANAGEMENT L.J.Hansen,Director— FINANCIAL CONSIDERATIONS Public Works E. CIP RETREAT PRE-BRIEFING/ Melanie Coffey, STORMWATER Stormwater Regulatory Compliance Manager —Public Works Jonas Alered, Waterway Maintenance Engineer— Public Works F. CIP RETREAT PRE-BRIEFING/ David Jarman, ROADWAYS Transportation Division Manager— Public Works II.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y l" Y A Y Y Y 1 VI. A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y A Y Y Y 1' November 12,2024 2. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y A Y Y 1" 1" November 19,2024 3. SPECIAL FORMAL SESSION APPROVED 9-0 Y Y Y Y Y Y A Y Y A l' November 21,2024 B S T A N E D H. MAYOR'S PRESENTATION 1. RESOLUTION—OPERATION SAFE HAVEN Kelly Wright,Assistant Squad Commander/ EMT—Plaza Volunteer Rescue Squad CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U - S DATE:12/03/2024 PAGE: 2 R T I C L HCR A H T W W U E H EMR U A I O C D N EMMO L Y L O C Y L S I OUML S T AGENDA HE E 0 C N S A 00 E ITEM# SUBJECT MOTION VOTE I R Y N K D ENR N N I. PUBLIC HEARINGS 1. PROPOSED PROPERTY TAX NO SPEAKERS EXEMPTIONS Domi Deeds My Favorite Charity Events Organization Fight CF Foundation Kaizen Adaptive Training,Inc. Aid Another Healing of the Soul Ministry STSTLT,Inc. Alanton Baycliff Recreation Center,Inc. Powerful Living Ministry Pride Industries 2. ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project CIP 100423.091 3. ACQUISITION,BY AGREEMENT OR 21 SPEAKERS CONDEMNATION Violet Bank Trail Project CIP 100558 K.1. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y 1 1' 1" 1' 1" an Agricultural Land Preservation (ARP) CONSENT easement from the Heirs of the Estate of Mary Alice Gilbert(100.36+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of $772,772/ TRANSFER funds to purchase U.S.Treasury Strips K.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 1 1" 1 Y Y Y A Y Y Y 1" property in fee simple,either by agreement or CONSENT condemnation re Eastern Shore Drive Drainage Improvements Section I—Phase II Poinciana Pump Station Project,CIP 100599 K.3. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 1' temporary and permanent easements,either by CONSENT agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase I, Sections 1B,IC.2,1D and 1E Project,CIPs 100150,100153,100167,and 100538 K.4. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY I0-0 1 Y Y Y Y 1' 1 1' 1" 1" 1" temporary and permanent easements,either by CONSENT agreement or condemnation re Elizabeth River Wetland and Floodplain Restoration Project, CIP 100551 K.5. Ordinance to AMEND Summary of Terms to ADOPTED,BY 10-0 Y Y Y Y Y Y A " ALLOW an extension of the closing date on the CONSENT sale of City-owned property at 3000 Barberry Lane to Joseph P. Heilman and Amy L. Heilman CITY OF VIRGINIA BEACH It SUMMARY OF COUNCIL ACTIONS ( B H S E U - S DATE:12/03/2024 PAGE: 3 R T H C L HCR A H T w W U EHEMR U A 1 O CDNEMMOL Y L O C Y L S I O U M L S T AGENDA HE EOCN S A O O E ITEM# SUBJECT MOTION VOTE I R YNK DE N R N N K.6. Ordinance to CONVERT six (6) part-time ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Paramedic positions to two (2) full-time CONSENT Paramedic positions within the FY 2024-25 Emergency Medical Services Operating Budget K.7. Ordinance to APPROPRIATE$1,015,491 of ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y 1 Fund Balance from the General Fund and CONSENT TRANSFER as Pay-Go funding to Capital Project #100536 "Creeds Training Center Renovations"re award a construction contract and authorize inspection services K.8. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y S839,309.49 and an additional$25,179.28 from CONSENT Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget for mobilization / administration of Virginia Task Force 2 re Tropical Cyclone Debby K.9. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 Y 1" Y 1' Y Y A Y Y Y Y $833,785 from the Virginia Opioid Abatement CONSENT Authority(VOAA)to the FY 2024-25 Human Services Operating Budget/AUTHORIZE a $10,000 local match, ACCEPT / APPROPRIATE $40,000 from the cities of Chesapeake,Norfolk,Portsmouth and Suffolk to the FY 2024-25 Human Services Operating Budget re address the opioid epidemic K.10 Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 l" Y Y Y Y Y A Y Y 1" Y $304,749 in aid to Localities Grant Funding CONSENT from the Virginia Department of Fire Programs to the FY 2024-25 Fire Department Operating Budget re training,construction of training centers,firefighting equipment and protective clothing K.11. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 Y Y 1' l" 1" 1" A l Y Y Y $145,372 from Federal Emergency Management CONSENT Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re purchase of equipment for Virginia Task Force 2 K.12. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 Y Y 1" 1" 1" Y A Y Y Y Y $40,000 / an additional $20,500 from the CONSENT Department of Homeland Security to the FY 2024-25 Fire Department Operation Budget re support the Special Operations Technical Rescue and Hazmat Teams K.13. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 Y 1' Y l' 1' l' A 1' l' Y Y S13,256 from the Department of Homeland CONSENT Security to the FY 2024-25 Fire Department Operating Budget re Fire Department's Marine Team K.14. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 10-0 YYY Y Y 1' A Y Y Y Y $7,480 and an additional$224.40 from Federal CONSENT Emergency Management Agency(FEMA)to the FY 2024-25 Fire Department Operating Budget for mobilization / administration of Virginia Task Force 2 re Tropical Cyclone Francine CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS c> S B H S E U - S DATE:12/032024 PAGE: 4 R T H C L HCR A H T W W U EH EMR U A I O CDNEMMOL Y L O CYL S I OUML S T AGENDA HE EOCNS ACOE ITEM# SUBJECT MOTION VOTE I R _ Y N K DENR N N l APPOINTMENTS RESCHEDULED B Y CONS EN SUS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE BOARD OF ZONING APPEALS Appointed: 10-0 Y Y Y Y Y Y A 1' 1' 1" 1" George Wall- Representing Full Member Janice Hall- Representing lull Member Eric Cavallo-Alternate Member 5 Year Term 1/1/2025-12/312029 Reappointed: Janice Anderson- Representing Full Member Myles Pocta- Representing Full Member 5 Year Term 1/1/2025-12/31/2029 CHESAPEAKE BAY AREA Reappointed: 10-0 Y I 1' 1" 1" 1" A 1" Y 1" 1" PRESERVATION BOARD James McCune AI Wallace 3 Year Term 1/1/2025-12/312027 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:12/03/2024 PAGE: 5 R T 11 C L HCR A H T W W U EHEMR 1; A I O CDNEMMO L Y L O CYL S I OUML S T AGENDA HE E OCN S A O O E ITEM# SUBJECT MOTION VOTE I R YNK D E NRNN COMMUNITY SERVICES BOARD Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Mary Crozier Unexpired term thru 12/31/2025 +3 Year Term 1/1/2026—12/31/2028 Kenika Jackson-Green Unexpired term then 12/31/2026 Jessica Moffite 3 Year Term 1/1/2025—12/31/2027 Paul Rends 3 Year Term 1/1/2025—12/31/2027 Brett Staple Unexpired term thru 12/31/2025 +3 Year Term 1/1/2026—12/31/2028 Reappointed: Gayle Colson Patricia Pointer 3 Year Term 1/1/2025—12/31/2027 GREEN RIBBON COMMITTEE Reappointed: 10-0 Y Y Y Y Y l' A Y Y Y Y Brian Large— Representing Engineer/Development 3 Year Term 1/1/2025—12/31/2027 HEALTH SERVICES ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Robin R.Gazzanigo- Jardina 3 Year Term 12/3/2024-11/30/2027 HISTORIC PRESERVATION COMMISSION Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Suzanne Camden 3 Year Term 1/1/2025—12/31/2027 Reappointed: Derek DuBay Thomas J.Morgan 3 Year Term 1/1/2025—12/31/2027 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE: 12/03/2024 PAGE: 6 R T H C L HCR A H T W W U EHEMR U A I 0 CDNEMMOL Y L O CYL S I OUML S T AGENDA HEEOCN S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K DENRNN RESORT ADVISORY COMMISSION Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Debbie Hague Unexpired term 1/1/2025—12/31/2025 +3 Year Term 1/1/2026—12/31/2028 Ron Swan Unexpired term thru 12/31/2025 +3 Year Term 1/1/2026—12/31/2028 Reappointed: Mike Eason William Gambrell— Representing VB Restaurant Association Michael Levinson 3 Year Term 1/1/2025—12/31/2027 VB CANNABIS ADVISORY TASK FORCE Reappointed: 10-0 YYYYYY AY Y Y Y Jason Blanchette— Representing Cannabis Industry John Katsias— Representing Commercial/Real Estate Professional Tamara Netzel— Representing Citizen Member Stacey O'Toole— Representing Health Care Professional Mark Stevens—Rep. Civic League LaTonya Warren— Representing Citizen Member 2 Year Term 1/1/2025—12/31/2026 VB COMMUNITY DEVELOPMENT Appointed: 10-0 Y Y Y 1' Y Y A Y Y Y Y CORPORATION Esmel Meeks Unexpired term thru 12/31/2027 Reappointed: Brice Marshall Frank McKinney 4 Year Term 1/1/2025—12/31/2028 M. UNFINISHED BUSINESS M. NEW BUSINESS O. ADJOURNMENT 7:26 PM OPEN DIALOGUE 14 SPEAKERS 8:12 PM