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HomeMy WebLinkAbout1-21-2025 FORMAL SESSION AGENDA City of ��4Glr1LA B1rAC,�L Virginia Beach "COMMUNITY FOR A LIFETIME U rY o � QS 5 0 �F UUR NAZ��N City Council Members Mayor Robert M. "Bobby" Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberiucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias City Auditor Fax: 757-385-5669 Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda January 21, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIVS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 12:30 P.M. Brent McKenzie, Legislative Affairs Director (Requested by City Council) B. BURTON SUBSTATION UPDATE 12:45 P.M. Sean Doherty, Senior Communications Specialists— Dominion Energy Rick McLean, Project Manager—Dominion Energy C. SHORT-TERM RENTAL TASK FORCE UPDATE 1:15 P.M. Andy Cohen, Chair—Short-Term Rental Task Force Kimberly Denton, Vice Chair—Short-Term Rental Task Force Kevin Kemp, Zoning Administrator—Planning D. TAX DIVERSIFICATION —Requested During Budget Reconciliation 2:15 P.M. Kevin Chatellier, Director— Budget II. CITY MANAGER'S BRIEFING A. ATLANTIC AVENUE PROJECT UPDATE 2:45 P.M. Emily Archer, Deputy Director—Economic Development III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. A. SOMETHING IN THE WATER UPDATE IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER — Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION: Pastor Eugene Cowan, II New Light Full Gospel Baptist 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 SESSION —January 7, 2025 2. INFORMAL AND FORMAL SESSIONS —January 7, 2025 3. SPECIAL FORMAL SESSION —January 14, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Resolution to SUPPORT HB1793 and REQUEST the Bridge on Interstate 264 over South Rosemont Road be designated "Captain Matthew 'Chevy' Chiaverotti Memorial Bridge" (Requested by Mayor Dyer and Council Member Hutcheson) 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village, LLC re construction of City Stormwater Improvements(Deferred from August 20,2024) 3. Ordinance to APPOINT Diamond C. Royster to the position of Assistant City Attorney, effective February 6, 2025 4. Ordinance to APPOINT Elizabeth B. Howerin to the position of Associate City Attorney, effective January 23, 2025 5. Ordinance to APPOINT Zachary T. Burkholder to the position of Associate City Attorney, effective February 6, 2025 6. Ordinance to ACCEPT and APPROPRIATE $43,680.52 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY 2024-25 Public Works Operating Budget and state revenue within the FY 2024-25 Parks and Recreation Operating Budget DECREASED by $3,867.80 re litter prevention and recycling 7. Ordinance to ACCEPT and APPROPRIATE $37,322 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re support for existing opioid programs and provide opportunities for enhancement of programs 8. Ordinance to ACCEPT and APPROPRIATE $27,500 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Human Services Operating Budget re support the Crisis Intervention Team (CIT) program 9. Ordinance to ACCEPT and APPROPRIATE $6,500 from the 2024 Urban and Community Forestry Grant to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $10,350 local match from the Tree Mitigation Fund re Francis Land House Tree Preservation 10. Ordinance to APPROPRIATE $715,100 of fund balance from the Landscaping Internal Service Fund to the FY 2024-25 Parks and Recreation Operating Budget re purchase replacement equipment and vehicles 11. Ordinance to APPROPRIATE $218,000 of fund balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2024-25 Police Department Operating Budget re police equipment and training J. PLANNING 1. JOHN OVERSTREET/ OVERSTREET FAMILY PROPERTIES LC for a Change in Nonconformity re expand dwelling at 2409 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY &ATLANTIC PARK, INC. /THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Major Entertainment Venue Sign at 1915 Baltic Avenue, 320 & 400 20th Street, 365 18th Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. DAM NECK ASSOCIATES, LLC for a Conditional Change of Zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Approved September 20, 2022) RECOMMENDATION: APPROVAL 4. FWM RESIDENTIAL RENTAL PROPERTIES LLC for a Conditional Change of Zoning from R-5S Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit re commercial marina at 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. GREEN CLEAN HOLLAND, LLC/ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (City Council Requests Deferral to February 4, 2025) RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION - APPROVAL 6. VEONCA EVANS/ QUAN M LE & NHI HO for a Conditional Use Permit re family day-care home at 5317 Canterford Lane DISTRICT 7 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance (Appendix 1) re amend Section 9 pertaining to required Disclosures in Sales and Rentals of Real Estate RECOMMENDATION: APPROVAL K. APPOINTMENTS 0 5/31 MEMORIAL COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • GREEN RIBBON COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD 0 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS 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 Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 21, 2025. I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 12:30 P.M. Brent McKenzie, Legislative Affairs Director (Requested by City Council) B. BURTON SUBSTATION UPDATE 12:45 P.M. Sean Doherty, Senior Communications Specialists— Dominion Energy Rick McLean, Project Manager— Dominion Energy C. SHORT-TERM RENTAL TASK FORCE UPDATE 1:15 P.M. Andy Cohen, Chair—Short-Term Rental Task Force Kimberly Denton, Vice Chair—Short-Term Rental Task Force Kevin Kemp, Zoning Administrator— Planning D. TAX DIVERSIFICATION — Requested During Budget Reconciliation 2:15 P.M. Kevin Chatellier, Director— Budget II. CITY MANAGER'S BRIEFING A. ATLANTIC AVENUE PROJECT UPDATE 2:45 P.M. Emily Archer, Deputy Director— Economic Development III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. A. SOMETHING IN THE WATER UPDATE IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER — Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION: Pastor Eugene Cowan, II New Light Full Gospel Baptist 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 SESSION —January 7, 2025 2. INFORMAL AND FORMAL SESSIONS—January 7, 2025 3. SPECIAL FORMAL SESSION —January 14, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Resolution to SUPPORT HB1793 and REQUEST the Bridge on Interstate 264 over South Rosemont Road be designated "Captain Matthew 'Chevy' Chiaverotti Memorial Bridge" (Requested by Mayor Dyer and Council Member Hutcheson) 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village, LLC re construction of City Stormwater Improvements (Deferred from August 20, 2024) 3. Ordinance to APPOINT Diamond C. Royster to the position of Assistant City Attorney, effective February 6, 2025 4. Ordinance to APPOINT Elizabeth B. Howerin to the position of Associate City Attorney, effective January 23, 2025 5. Ordinance to APPOINT Zachary T. Burkholder to the position of Associate City Attorney, effective February 6, 2025 6. Ordinance to ACCEPT and APPROPRIATE $43,680.52 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY 2024-25 Public Works Operating Budget and state revenue within the FY 2024-25 Parks and Recreation Operating Budget DECREASED by $3,867.80 re litter prevention and recycling 7. Ordinance to ACCEPT and APPROPRIATE $37,322 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re support for existing opioid programs and provide opportunities for enhancement of programs 8. Ordinance to ACCEPT and APPROPRIATE $27,500 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Human Services Operating Budget re support the Crisis Intervention Team (CIT) program 9. Ordinance to ACCEPT and APPROPRIATE $6,500 from the 2024 Urban and Community Forestry Grant to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $10,350 local match from the Tree Mitigation Fund re Francis Land House Tree Preservation 10. Ordinance to APPROPRIATE $715,100 of fund balance from the Landscaping Internal Service Fund to the FY 2024-25 Parks and Recreation Operating Budget re purchase replacement equipment and vehicles 11. Ordinance to APPROPRIATE $218,000 of fund balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2024-25 Police Department Operating Budget re police equipment and training 4 � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support HB1793 and to Request the Bridge on Interstate 264 over South Rosemont Road be Designated "Captain Matthew `Chevy' Chiaverotti Memorial Bridge" MEETING DATE: January 21, 2025 ■ Background: Virginia Beach Fire Department Captain Matthew "Chevy" Robert Chiaverotti, 44, passed away in April 2023 following a courageous battle with Anaplastic Thyroid Cancer. Chevy was a 20-year decorated and beloved veteran of the Virginia Beach Fire Department. In addition to his role as shift captain of Engine 7, Chevy served as a FEMA Search Team Manager with Virginia Task Force 2. Delegate Feggans has introduced HB1793, and this bill would designate the bridge on Interstate 264 over South Rosemont Road in Virginia Beach as "Captain Matthew `Chevy' Chiaverotti Memorial Bridge." ■ Considerations: The attached resolution indicates the City Council's support of HB1793 and offer to pay the cost associated with the production, placing, and maintaining of markers indicating the designation of the bridge in honor of Chevy's distinguished service to the City. The anticipated costs for the fabrication and installation of the markers is estimated to be around $6,000. ■ Public Information: Normal Council Agenda Process ■ Attachments: Resolution; HB1793 Requested by Mayor Dyer and Councilmember Hutcheson REQUESTED BY MAYOR DYER AND COUNCILMEMBER HUTCHESON 1 A RESOLUTION TO SUPPORT HB1793 AND TO 2 REQUEST THE BRIDGE ON INTERSTATE 264 OVER 3 SOUTH ROSEMONT ROAD BE DESIGNATED 4 "CAPTAIN MATTHEW `CHEVY' CHIAVEROTTI 5 MEMORIAL BRIDGE" 6 7 WHEREAS, Virginia Beach Fire Department Captain Matthew "Chevy" Robert 8 Chiaverotti, 44, passed away in April 2023 following a courageous battle with Anaplastic 9 Thyroid Cancer; 10 11 WHEREAS, Chevy was a 20-year decorated and beloved veteran of the Virginia 12 Beach Fire Department; 13 14 WHEREAS, in addition to his role as shift captain of Engine 7, Chevy served as a 15 FEMA Search Team Manager with Virginia Task Force 2; 16 17 WHEREAS, Delegate Feggans has introduced HB1793, and this bill would 18 designate the bridge on Interstate 264 over South Rosemont Road in Virginia Beach as 19 "Captain Matthew `Chevy' Chiaverotti Memorial Bridge;" 20 21 WHEREAS, the City Council desires to support HB1793 and offer to pay the cost 22 associated with the production, placing, and maintaining of markers indicating the 23 designation of the bridge in honor of Chevy's distinguished service to the City; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The City Council supports HB1793 and formally requests the bridge on Interstate 29 264 over South Rosemont Road be designated ""Captain Matthew `Chevy' Chiaverotti 30 Memorial Bridge." The City Council agrees to bear the costs associated with the 31 production, placing, and maintaining of the markers indicating the designation of the 32 bridge. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: C. orney's ice CA16798 R-1 January 8, 2025 2025 SESSION INTRODUCED 25103268D 1 HOUSE BILL NO. 1793 H 2 Offered January 8,2025 3 Prefiled January 6,2025 Z 4 A BILL to designate the bridge on South Rosemont Road over Interstate 264 in Virginia Beach the "Captain 5 Matthew "Chevy"Chiaverotti Memorial Bridge." M 6 Patron—Feggans O 7 8 Committee Referral Pending d 9 10 Be it enacted by the General Assembly of Virginia: 11 1.§1. The bridge on South Rosemont Road over Interstate 264 in Virginia Beach is hereby designated the 12 "Captain Matthew "Chevy"Chiaverotti Memorial Bridge."The Department of Transportation shall place 13 and maintain appropriate markers indicating the designation of this bridge. This designation shall not affect 14 any other designation heretofore or hereafter applied to this bridge. x w 0 r. 0 N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of City Stormwater Improvements MEETING DATE: JANUARY 21, 2025 (DEFERRED FROM AUGUST 20, 2024) ■ Background: On July 9, 2024, the City Council received a public briefing on a cost participation request from Princess Anne Village, LLC (the "Developer") to replace the City's existing drainage pipe crossing Princess Anne Road and located within a portion of the planned residential development known as Princess Anne Village (the "Development"). City staff has identified that the City's pipe, a combination of 54" and 60" corrugated metal pipe, is both undersized for the existing drainage conditions and failing at four sections. Should this request be approved, the existing pipe would be replaced with a larger (5' x 6') concrete box culvert (the "Drainage Improvements") in conjunction with the Developer's construction of the Development. The Drainage Improvements would be installed by the Developer, which would reduce the City's costs of design and mobilization and, once constructed, would reduce street flooding in the 2300 block of Princess Anne Road. The Developer's total request for funding from the City for the Drainage Improvements is $2,341,640. Per City Code, the Developer will also provide additional improvements for private stormwater facilities associated with the Development, which will cost the Developer an additional $4.7mm to $4.8mm. ■ Considerations: The City's cost for the Drainage Improvements is not to exceed $2,341,640, which is already appropriated and available through Stormwater CIP Project #100582 (Stormwater Infrastructure Cost Participation). Staff estimates a total net annual tax gain of$562,806 once the Development is complete, which would be generated and shared between all the existing dedications, including Virginia Beach City Public Schools, per the School Funding Formula. Due to multiple higher priority projects, the Drainage Improvements are not on Public Works' replacement schedule; therefore, entering into an agreement with the Developer to construct the Drainage Improvements will result in a more timely completion of the Drainage Improvements. Performing the work to install the Drainage Improvements now also would avoid having to cut into or remove portions of new roads and other infrastructure that will be installed by the Developer as part of the Development, preventing additional costs. This matter was originally scheduled for August 20, 2024 but was deferred indefinitely by Council. ■ Public Information: Public notice via the normal City Council agenda process, and a public briefing to Council on July 9, 2024. ■ Attachments: Ordinance with Site Plan Exhibit, Location Map (2), CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager:'/� I AN ORDINANCE AUTHORIZING THE EXECUTION OF A 2 COST PARTICIPATION AGREEMENT WITH PRINCESS 3 ANNE VILLAGE, LLC FOR THE CONSTRUCTION OF 4 CITY STORMWATER IMPROVEMENTS 5 6 WHEREAS, Princess Anne Village, LLC, a Virginia limited liability company (the 7 "Developer"), is the developer of the planned residential development subdivision near 8 the Virginia Beach Municipal Center to be known as Princess Anne Village (the 9 "Development"), and is required to construct a stormwater outfall system for the 10 Development; and 11 12 WHEREAS, the City and the Developer have identified that the existing City-owned 13 stormwater pipe draining the area north of Princess Anne Road through the Development 14 is undersized and failing in multiple places; and 15 16 WHEREAS, the Developer has requested to replace the existing 54" and 60" 17 corrugated metal pipe with a larger (5' x 6') box culvert from the north side of Princess 18 Anne Road, across Princess Anne Road and through the proposed Development to the 19 existing outfall of the pipe (the "Drainage Improvements"); and 20 21 WHEREAS, the general location of the Drainage Improvements is shown on the 22 Site Development Plan attached hereto as Exhibit A and made a part hereof; and 23 24 WHEREAS, the Developer proposes to construct the Drainage Improvements for 25 the City at the same time they construct the stormwater outfall system for the 26 Development, because replacing the pipe now will prevent flooding from the failing 27 sections and will prevent the City from later having to cut into or remove portions of new 28 roads and other infrastructure that will be installed by the Developer as part of the 29 Development; and 30 31 WHEREAS, the Developer and the City desire to enter into a cost participation 32 agreement to design and construct the Drainage Improvements; and 33 34 WHEREAS, the Drainage Improvements will provide additional drainage capacity 35 and earlier repairs to the City's failing stormwater facilities, which are of value to the City 36 in providing an improved outfall for public stormwater. 37 38 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 39 VIRGINIA, THAT: 40 41 The City Manager is hereby authorized to execute a cost participation agreement 42 between the City and the Developer for the design and construction of the Drainage 43 Improvements, upon such terms and conditions that are acceptable to the City Manager 44 and approved by the City Attorney, so long as the costs to the City under the terms of the 45 cost participation agreement do not exceed $2,341,640, which funds shall be paid from 46 Capital Improvement Project 100582 "Stormwater Infrastructure Cost Participation." 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the day 49 of , 2025. CA16563 R-2 1/8/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t 1 B dget and Management Services City Attorney APPROVED A2 TO CONTENT: 17 VA;pw� Public Works NEW STRUCTURE STORM MH ` IS,it RIM 6.71 INV "KE Y ( I r� �o;E3 JUNCTION BOX It STORM_MH/ RIM 6.90,� IN (-0.97) o \\ N GRAPHIC SCALE / STORM H 40 0 2040 80 160 RIM 6.92 INV (-2.20) ' FEET I JUNCTION BOX I INCH = 80 FEET s , t lilt, it I -- t W END WALL/SECTION E. OUT. Iliii TO BE APPROVED INV (-2.50),'' BY CITY EXISTING CANAL EXHIBIT A ELLAM PIPE REPLACEMENT EXHIBIT PRINCESS ANNE ROAD AT ER WITZ NORTH LANDING ROAD ENGINEERING-SURVEYING-PLANNING 300 CENTRAL DRIVE-SUITE Ili-VIRGINIA BEACH,6A 23454 (757)340-0828-FAX(757)340-1603 .mam, , / I s17-5_-- r~ v , w op-! PART(-OP5 _ - I■ 1 C�MYERdA�i` '■ � I���' I s ',/' 1 RELOCATED PUJP STATION SITE' Wf{ ----------------- me" , O ■ , OI r W W W W W . . W . W W ♦ �,� - I . . . . . . . . �►, ,--.. UBLICSTORUWAT 1 . { . . . W . . . . . . .LL . . . . .W . . .. . . . . ` 3 . 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Anne Es___==__ Princess Anne Village LLC EE=====_=3 W PRTNCESSANNE PIRG,MABE1Cn GRAPHIC SCALE JETZ w o so w eo reo ENOWERWG-SURM7YG-PLA,MONG smccvn�cmvi-smaus-raaa,.u+oc r.rsr„ FEET n»s.raw-ransns.o-sms I INCH= 40 FEET ^AM N" AA Ip fD R/A rw cc* r rma auwl: n o,Aa: ■/m/zx sxFcr RCHSEo,o-,i-u a.am m u , .W 1 ri�� / �ss N,MMaPW w E S!T ,p K f -- t Y.; .�: f IPIS I i � 1 f r ` '�, `�f •T l40 �R 60N Pipe 54"Pipe i y C t \G G Legend \ r amisisms, Existing Pipe •ll�l Existing Ditch LOCATION MAP Imams West Neck Creek `�� PRINCESS ANNE VILLAGE - Princess Anne viliage Site COST PARTICIPATION PROJECT �- City Drainage Area o soo 1,000 �?Feet Prepared by P.W./Eng./Eng.Support Ser toes 0 8/0 612 0 24 X:\CADD\Projects\ARC Files\AGENDA MAPS\ Princess Anne Village Cost ParticipationWrincess Anne Milaae Cost Particloation A.mxd N de- u ' !'w NIWAO Puv p�( ,Gy E Pb men• � � �, " 2�-?, l rJff � f—.-_, —� .ramis l AF 21C. 'b� • , \ P� �,. �V�x�' sue..: IWO, 01 \ PA ,o A .,v +�. • ` ;�`��� `77 i ✓',r'' ,'�i� o �+cy ' , `" '—ten ws • V. �� t • + � � � s \ ',fir�`�+�•� � '�►���� �Gy rjP•bra'''` 1�ti'�,9 �: by L� ~ cFo, ��c3 oRryoG 60"Pipe 40 {A "PipeXX ♦� i . ♦ �/ Legend \* —1_1 . a ammiiiiiiiimm, Existing Pipe - • • ■ ■ Existing Ditch •• ��` • West Neck Creek ■ ��� t` Building Footprint LOCATION MAP --- Asphalt Pavement PRINCESS ANNE VILLAGE Princess Anne Village Site '�`I `�'o COST PARTICIPATION PROJECT 0 500 1,000 ®City Drainage Area % Feet Prepared by P.W./Eng./Eng.Support Services 08/06/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\ Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG200592 le:Stormwater Infrastructure Cost Participation tatus:Approved Category:Flood Protection partment:Public Works Project Type Project Location Project Type:Rehabilhation/Re I•o•m int istrict:Citywide programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 16,000,000 4,000,000 2,000,000 2,000,0001 2,000,ODDI 2,00D,0001 2,000,00d 2,000, Description and Scope This program provides funding for planning,studies,acquisition,design,and construction of necessary stormwater infrastructure in partnership with private development projects. The purpose of this program is to provide a cost sharing opportunity with the development community to construct necessary stormwater infrastructure that has been Identified from the City's Stormwater Modeling and Master Plans. This project first appeared in the FY 2021-22-CIP,and is funded primarily by the Stormwater Enterprise Fund. Operating FY25 FY26 FY27 FY29 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/21-06/30 16,000,000 Total Budgetary Cost Estimate: 16,000,000 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 16,000,000 Total Funding: 16,000,000 FY 2024-25 to FY 2029-30 170 Capital Improvement Program VBCITY OF I 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 • ' DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Princess Anne Village L.L.C. Is Applicant also the Owner of the subject property? Yes@ Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes@ NoO If yes, name Representative: R. J. Nutter 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 1 relationship with the applicant. (Attach list if necessary.) Richard C Burroughs Charles F. Burroughs III Does the subject property have a proposed or pending purchaser? Yes U No U9 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No • If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, 0 @ cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O @ Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE • • • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Q Mark DesRoches Desroches and Co Architect/Designer/Landscape Architect/Land Planner Q Q Michael Watkins Architect and Frye Properties Construction Contractor Q 0 Engineer/Surveyor/Agent Q Robert Kellam Kellam Gerwitz Laurence Benson Kimley Horn Legal Services Q 0 R.J. Nutter 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 F Burroughs III ��,fa,I,I 4, � y y ) Applicant Name (Print) Applicant Signature ate 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 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): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Charles F Burroughs III Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes0No@ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes© Noe If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 e cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/Tax Return Preparation 0 1 0 Mark Desroches DesRoches and Co Architect/Designer/Landscape e 0 Micheal Watkins Architect;Frye Propereties Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent e 0 Robert Kellam Kellam Gerwitz Laurence Benson Kimley Horm Legal Services e 1 0 1 R.J. Rutter PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Charles F Burroughs III (, --A Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 L s CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Appointing Diamond C. Royster to the Position of Assistant City Attorney (2) An Ordinance Appointing Elizabeth B. Howerin to the Position of Associate City Attorney (3) An Ordinance Appointing Zachary T. Burkholder to the Position of Associate City Attorney MEETING DATE: January 21, 2025 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: Three ordinances are attached. The first ordinance appoints Diamond C. Royster as an Assistant City Attorney, effective February 6, 2025. If approved, she will serve as one of the City's land use attorneys. The second ordinance appoints Elizabeth B. Howerin as an Associate City Attorney, effective January 23, 2025. If approved, she will serve as one of the City's civil litigators with an emphasis in eminent domain. The third ordinance appoints Zachary T. Burkholder as an Associate City Attorney, effective February 6, 2025. If approved, he will serve as one of the City's civil litigators. Two of these attorneys will replace former members of the City Attorney's Office who retired, and the third attorney will replace a former member of the office who resigned to accept a position with a private law firm. ■ Attachments: Ordinances (3) Recommended Action: Adopt the ordinances Submitting Department/Agency: City Attorney City Manager-/�o 1 AN ORDINANCE APPOINTING DIAMOND C. ROYSTER TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Diamond C. Royster is hereby appointed 7 to the position of Assistant City Attorney, effective February 6, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 2025. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offi CA16788 R-1 January 2, 2025 44�•w K.,,,f'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Appointing Diamond C. Royster to the Position of Assistant City Attorney (2) An Ordinance Appointing Elizabeth B. Howerin to the Position of Associate City Attorney (3) An Ordinance Appointing Zachary T. Burkholder to the Position of Associate City Attorney MEETING DATE: January 21, 2025 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: Three ordinances are attached. The first ordinance appoints Diamond C. Royster as an Assistant City Attorney, effective February 6, 2025. If approved, she will serve as one of the City's land use attorneys. The second ordinance appoints Elizabeth B. Howerin as an Associate City Attorney, effective January 23, 2025. If approved, she will serve as one of the City's civil litigators with an emphasis in eminent domain. The third ordinance appoints Zachary T. Burkholder as an Associate City Attorney, effective February 6, 2025. If approved, he will serve as one of the City's civil litigators. Two of these attorneys will replace former members of the City Attorney's Office who retired, and the third attorney will replace a former member of the office who resigned to accept a position with a private law firm. ■ Attachments: Ordinances (3) Recommended Action: Adopt the ordinances Submitting Department/Agency: City Attorney City Manager: fi v 1 AN ORDINANCE APPOINTING ELIZABETH B. HOWERIN TO 2 THE POSITION OF ASSOCIATE CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Elizabeth B. Howerin is hereby appointed 7 to the position of Associate City Attorney, effective January 23, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 2025. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offi CA16789 R-1 January 2, 2025 U lE,k, yL� 3 IV � S CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Appointing Diamond C. Royster to the Position of Assistant City Attorney (2) An Ordinance Appointing Elizabeth B. Howerin to the Position of Associate City Attorney (3) An Ordinance Appointing Zachary T. Burkholder to the Position of Associate City Attorney MEETING DATE: January 21, 2025 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: Three ordinances are attached. The first ordinance appoints Diamond C. Royster as an Assistant City Attorney, effective February 6, 2025. If approved, she will serve as one of the City's land use attorneys. The second ordinance appoints Elizabeth B. Howerin as an Associate City Attorney, effective January 23, 2025. If approved, she will serve as one of the City's civil litigators with an emphasis in eminent domain. The third ordinance appoints Zachary T. Burkholder as an Associate City Attorney, effective February 6, 2025. If approved, he will serve as one of the City's civil litigators. Two of these attorneys will replace former members of the City Attorney's Office who retired, and the third attorney will replace a former member of the office who resigned to accept a position with a private law firm. ■ Attachments: Ordinances (3) Recommended Action: Adopt the ordinances Submitting Department/Agency: City Attorney City Manager: 1 AN ORDINANCE APPOINTING ZACHARY T. BURKHOLDER 2 TO THE POSITION OF ASSOCIATE CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Zachary T. Burkholder is hereby 7 appointed to the position of Associate City Attorney, effective February 6, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 , 2025. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's O i CA16790 R-1 January 3, 2025 f si cc��yti , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Litter Prevention and Recycling MEETING DATE: January 21, 2025 ■ Background: The departments of Public Works and Parks and Recreation have been awarded additional grant funding from the Virginia Department of Environmental Quality for local littler prevention and recycling program implementation, continuation, and/or expansion. The departments estimated revenue from this source in their FY 2024- 25 budget, but the total grant amount exceeds the budgeted estimate by $36,661. In addition, the Public Works has been awarded additional $3,151.72 for the Extended Polystyrene Campaign. The budget estimates for these were $40,000 for Waste Management and $24,000 for Parks and Recreation. Allocating the actual grant award ($100,661) based on the customary split of 80% going to the Waste Management Fund and 20% going to the Department of Parks and Recreation, the following adjustments need to be made to the initial FY 2024-25 budget estimates: - Public Works Waste Management Fund — increase of $43,680.52 - Department of Parks and Recreation — decrease of $3,867.80 ■ Considerations: This grant does not require a City match. The additional funds for Waste Management will it to continue and enhance efforts in littler prevention and recycling activities. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works and Parks and Recreation City Manager:OW 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR LITTER PREVENTION AND 3 RECYCLING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $43,680.52 is hereby accepted from the Virginia Department of Environmental 9 Quality and appropriated, with state revenues increased accordingly, to the Waste 10 Management Enterprise Fund within the FY 2024-25 Operating Budget of the 11 Department of Public Works for recycling initiatives. 12 13 2) State revenue and the appropriating supported by such revenue within the FY 14 2024-25 Operating Budget of the Department of Parks and Recreation's General 15 Fund is hereby decreased by $3,867.80. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City orn 's Office CA16794 R-1 January 7, 2025 244 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic as Part of the State Opioid Response Program MEETING DATE: January 21, 2025 ■ Background: The Virginia Department of Behavioral Health and Developmental Services intends to award State Opioid Response (SOR) federal grant funding to the Department of Human Services to support ongoing prevention services. The additional funding will build upon existing programs that support prevention strategies, including coalition development and maintenance, heightening community awareness of problem substances, harm reduction efforts, referral to services, community education as well as other strategies identified by the Virginia Evidence-Based Outcomes Workgroup. ■ Considerations: This funding award will cover the period of October 1, 2024 — September 29, 2025. The total award is $140,000, with $37,322 being an increase to the existing SOR Prevention budget. Funding will support the existing prevention services and provide opportunities for enhancement. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: �/p 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC AS PART OF THE 3 STATE OPIOID RESPONSE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $37,322 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services, as part of the State Opioid Response, and appropriated, with 10 revenue increased accordingly, to the FY 2024-25 Department of Human Services 11 Operating Budget to support existing opioid programs and provide opportunities for 12 enhancement for such programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cruz�_ W J- -`-, Budget and Management Services City Attorney's Office CA16795 R-1 January 7, 2025 R1U•-"Y`Z. CSni\'•,y�,7 ((u t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Crisis Intervention Team Program in the Department of Human Services MEETING DATE: January 21, 2025 ■ Background: The Virginia Department of Criminal Justice Services has issued American Rescue Plan Act (ARPA) statewide funding for training and professional development for Crisis Intervention Teams(CIT)through their sub-recipient Virginia Crisis Intervention Team Coalition (Virginia CIT). A share of these funds is available to Virginia Beach Department of Human Services Crisis Intervention Team program to support local CIT training, professional development of CIT instructors and stakeholders, and stakeholder recognition activities. ■ Considerations: These are ARPA based federal pass-through funds of $27,500 from Virginia CIT. These funds will cover eligible expenditures incurred during the period January 1, 2025 through December 31, 2026. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager/ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE CRISIS INTERVENTION TEAM 3 PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $27,500 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with revenue increased accordingly, to the FY 2024-25 10 Operating Budget of the Department of Human Services to support the Crisis Intervention 11 Team program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B�udget and Management Services ity A orney's Office CA16791 R-1 January 7, 2025 OgXIIA 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate $6,500 from the 2024 Urban and Community Forestry Grant and to Authorize a Match from the Mitigation Fund for Francis Land House Tree Preservation MEETING DATE: January 21, 2025 ■ Background: Between 2012 and 2018, the City of Virginia Beach lost 1.4% of its Urban Tree Canopy. The 2023 update to the Urban Forest Management Plan states that in order to increase the canopy to 45% by 2045, tree preservation must take place. The Francis Land House, a historic property, has many large mature trees on the property. There are two trees which need extra care for preservation, a 75" Sycamore and a 40" Pecan. The trees themselves are historic specimen trees, but the house is a target of failure. Therefore, advanced tree care techniques are proposed to preserve the health of the trees, as well as reducing the risk of damage to the house. The objective of this project is to preserve specimen trees and to reduce the risk of damage to the historic property. The Virginia Department of Forestry has awarded the City of Virginia Beach $6,500 through the Urban and Community Forestry Grant Program. The total project cost is $16,850. The source of match ($10,350) is the Tree Mitigation Fund. ■ Considerations: The match will be provided by previously appropriated tree preservation funds from the mitigation fund. The awarded grant is $6,500. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: /0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $6,500 FROM THE 2024 URBAN AND COMMUNITY 3 FORESTRY GRANT AND TO AUTHORIZE A MATCH 4 FROM THE MITIGATION FUND FOR FRANCIS LAND 5 HOUSE TREE PRESERVATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $6,500 is hereby accepted from the Urban and Community Forestry Grant and 11 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating Budget 12 of the Parks and Recreation Department for the purpose of history tree preservation. 13 14 2) A local match of $10,350 is hereby authorized to be made from the Tree 15 Mitigation Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- budget and Management Services ity ttorney's Office CA16797 R-1 January 8, 2025 y s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $715,100 of Fund Balance from the Landscaping Internal Service Fund for the Replacement of Equipment and Vehicles MEETING DATE: January 21, 2025 ■ Background: The City provides landscape services for 93 school sites through the School Site Landscaping Internal Service Fund. This fund accumulates a year-end fund balance primarily due to personnel vacancies. The City's Landscape Management Administrator has requested, and School Administration supports, the use of $715,100 from the fund balance of this internal service fund for specific items listed below. This fund is paid for by Virginia Beach City Public Schools but is managed by City staff. ■ Considerations: The following fleet replacements will reduce repair costs, minimize downtime, and help to ensure effective and efficient service delivery: Qty Unit Totals Cost (5) 72" Hustler Zero-turn Mower $12,900 $64,500 (1) Ventrac Mower w/Rough Cut Deck (for BMP $41,000 $41,000 maintenance) (1) Caterpillar 420 Backhoe, 4WD, Extended Boom $157,000 $157,000 (1) TORO Dingo TX1300 (for courtyards and tight spaces) $55,000 $55,000 (3) Ford F550 Crew Cab Dump with Snow Plow $101,000 $303,000 (2) Chevrolet 2500 Pickup, Double Cab, 2WD $47,300 $94,600 Total $715,100 ■ Public Information: Normal City Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: /,w 1 AN ORDINANCE TO APPROPRIATE $715,100 OF FUND 2 BALANCE FROM THE LANDSCAPING INTERNAL 3 SERVICE FUND FOR THE REPLACEMENT OF 4 EQUIPMENT AND VEHICLES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $715,100 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Landscaping Internal Service Fund to the Operating Budget of the 11 Department of Parks and Recreation for the purchase of replacement equipment and 12 vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the ___ day of - , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s City Attorney's Office CA16793 R-1 January 7, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $218,000 from the Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund for Equipment and Training MEETING DATE: January 21, 2025 ■ Background: The Virginia Beach Police Department requests that City Council approve the use of $218,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2024-2025 Operating Budget: ➢ Police Leadership Training - $150,000 ➢ Funding for Rental Cars for Crime Suppression Squad - $40,000 ➢ Night Vision Equipment for SWAT- $18,000 ➢ Drones for SWAT/ Aviation Unit - $10,000 The Leadership funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, or other appropriate leadership courses as they come available for suitable staff. The Crime Suppression Squad (CSS) relies on other units to provide covert vehicles for investigative use. The department is currently experiencing a shortage of these types of vehicles. This pilot project will utilize rental vehicles to expand the CSS fleet. The rental cost is inclusive of all maintenance, repairs, and insurance. Funds will allow for the rental of six cars for the remainder of the fiscal year. The SWAT Team is requesting updated night vision equipment to be used in extreme low light situations for both public and officer safety. Funding will provide two replacement units. Special Operations is requesting funding for four drones to be used in tactical situations. Two of the drones will be used by the SWAT Team and two will be used by the Aviation Unit. Funding includes 4 drones, 8 batteries, 4 remote controllers, and warranties. ■ Considerations: Seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission but cannot be used to supplant local funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, as of January 2025, the unassigned fund balance is around $2 million. 0 Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: �?o 1 AN ORDINANCE TO APPROPRIATE $218,000 FROM THE 2 FUND BALANCE OF THE POLICE FEDERAL & STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1 . That $218,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue 11 Fund to the FY 2024-25 Operating Budget of the Police Department for police 12 equipment and training. 13 14 2. The City makes no commitment to replace any equipment purchased with these 15 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Wanagement Services . i rn s Office CA16792 R-1 January 7, 2025 J. PLANNING 1. JOHN OVERSTREET/ OVERSTREET FAMILY PROPERTIES LC for a Change in Nonconformity re expand dwelling at 2409 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY &ATLANTIC PARK, INC. /THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Maior Entertainment Venue Sign at 1915 Baltic Avenue, 320 & 400 20th Street, 365 18th Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. DAM NECK ASSOCIATES, LLC for a Conditional Change of Zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Approved September 20, 2022) RECOMMENDATION: APPROVAL 4. FWM RESIDENTIAL RENTAL PROPERTIES LLC for a Conditional Change of Zoning from R-5S Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit re commercial marina at 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. GREEN CLEAN HOLLAND, LLC/ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (City Council Requests Deferral to February 4, 2025) RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION - APPROVAL 6. VEONCA EVANS / QUAN M LE & NHI HO for a Conditional Use Permit re family day-care home at 5317 Canterford Lane DISTRICT 7 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance (Appendix 1) re amend Section 9 pertaining to required Disclosures in Sales and Rentals of Real Estate RECOMMENDATION: APPROVAL ib f .�l NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 2:L 2025 at 6-00 p.m.In the Council Chamber at City Hall,Building 1,2n"Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https-.//virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the twostep process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on January 21,2025. 2. Download WebEx and view the meeting at: httos://vb¢ov.webex.com/webli nk/register/r289dad 7e bc4ff50f99201741402 b02ce The following requests are scheduled to be heard: City Of Virginia Beach-An Ordinance to amend and reordain the airport noise attenuation and safety ordinance (Appendix 1) by amending Section 9 pertaining to required disclosures in Sales and Rentals of Real Estate Dam Neck Associates,LLC Property Owner:Dam Neck Associates, LLC Conditional Rezoning(A-18 Apartment District&B-2 Community Business District to Conditional B4 Mixed-Use District)&Modification of Proffers Addresses:872&1089 Dam Neck Road,1064&1080 Dam Neck Station Road GPINs: 2415757941, 2415653990, 2415665412,2415662427 City Council:District 5(Wilson) Green Clean Holland, LLC Property Owners: Alp & Alex Asian Conditional Use Permit(Car Wash Facility)Address:4245 Holland Road GPIN:1476963446 City Council:District 10(Rouse) John Overstreet Property Owner: Overstreet Family Properties LC Change in Nonconformity Address: 2409 Holland Road GPIN: 1494852493 City Council:District 2(Henley) FWM Residential Rental Properties LLC Property Owners: FWM Residential Rental Properties LLC Conditional Rezoning (R-5S Residential District to Conditional RT-3 Resort Tourist District) & Conditional Use Permit(Commercial Marina)Addresses:310&312 Winston Salem Avenue GPINs: 2427129328, 2427128357, 2427129123,2427129184 City Council:D61 t 5(Wilson) Veonca Evans Property Owner:Quan M Le&Nhi Ho Conditional Use Permit(Family Day-care Home)Address:5317 Canterford Lane GPIN: 1465371567 City Council:District 7(Jackson-Green) The City of Virginia Beach Development Authority&Atlantic Park,Inc. Property Owner:The City of Virginia Beach Development Authority Major Entertainment Venue Sign Addresses:1915 Baltic Avenue,320 &400 20th Street, 365 18th Street GPINs: 24270757850002, 24270757850003,24271709600001,&24271703780002 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 httpsV/virginiabeach.gov/pc.For information call 757-3854621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JANUARY 7,2025&JANUARY 14,2025-1 TIME EACH R�7...5 R�7.5� W7.5 ° �K, E 'D 1.0 Q` a d AG2 , r oo R7 5 0 -- � � � d��• � �R�10� AG2 of � R7�5 � R1'0 OR10 U V R1-0 �o R7:5�R-7�5 a � <R�,1r0� ° )1% R7.5 . 7-%2� R'10 R1�0 � R715 . R�1,0 R10 AG 1 AG 1 n � R`7C5� �AG2 AG2^AG2 B2 AG2 Q�° ° d R2-'0 B2t / R�10 ��t`•� ° Q 2 ° A,G2� B1 R10 .-oQ O � , D B1 AG2 ,., ' `R 0 • AG 2•AG 2 �� 0 AG 1 AG 1� R�1'0 �' AG 02 AG2 o d aRaO �1 02 AG2 AG2 R1 �R10 R{1>0 �° N ® site John Overstreet W F Property Polygons 2409 Holland Road S Zoning Building Feet 0 80160 320 480 640 800 960 �u r� (U S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN OVERSTREET [Applicant] OVERSTREET FAMILY PROPERTIES LC [Property Owner] Change in Nonconformity for the property located at 2409 Holland Road (GPIN 1494852493). COUNCIL DISTRICT 2 (Henley) MEETING DATE: January 21, 2025 ■ Background: The applicant is requesting a Change in Nonconformity to expand a legally non- conforming dwelling by constructing a 732 square-foot addition to an existing 892.5 square-foot dwelling on the site. In the late 1970s, the subject structure was converted into a dwelling after being used as a sweet potato barn during the early to mid-twentieth century. Conversion of the structure to a dwelling resulted in a total of two residential dwellings on the property, where one would be permitted per the City's Zoning Ordinance, resulting in the legally nonconforming designation. The overall design and proposed materials of the addition will be in keeping with the existing dwelling. ■ Considerations: The request for a Change in Nonconformity is limited in scope and is in keeping with the development pattern of the surrounding area. The site was developed in the early 19th Century prior to the adoption of the City's Zoning Ordinance. The overall design of the addition as well as the proposed materials are in keeping with the existing dwelling. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On December 11, 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 concept plan entitled "Boundary Survey of Parcel 'A"', dated 02/22/2009, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. John Overstreet Page 2 of 2 2.The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations depicted on page 10 of this report and the color palette of the vinyl siding provided on page 11 , which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3.The maximum number of dwelling units on the subject Site shall not exceed two (2). 4.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 Resolution Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 2409 HOLLAND ROAD 4 5 WHEREAS, John Overstreet (the "Applicant") has made application to the City 6 Council for authorization to alter and expand the nonconforming dwelling at 2409 Holland 7 Road and zoned Ag-1 Agricultural and Ag-2 Agricultural Zoning Districts; 8 9 WHEREAS, this parcel currently contains two residential dwellings, and therefore 10 does not meet the current zoning regulations. Two residential dwellings on one parcel is 11 not permitted in the AG-1 or Ag-2 Agricultural Zoning District. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on December 11, 2024; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded is equally 21 appropriate or more appropriate to the zoning district than the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming structure as 27 expanded, will be equally appropriate to the district as is the existing structure under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed enlargement shall be developed substantially in conformance to the 34 concept plan entitled "Boundary Survey of Parcel `A,"' dated 02/22/2009, prepared by 35 MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file 36 with the Department of Planning and Community Development. 37 38 2. The maximum number of dwelling units on the subject Site shall not exceed two (2). 39 40 3. The applicant shall obtain all necessary permits and inspections from the Department 41 of Planning and Community Development Permits and Inspections Division. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1� Planning and Community Ci y Attorney's O ice Development CA16691 R-1 November 14, 2024 2 Agenda A••licant: John Overstreet CouncilProperty Owner: Overstreet Family Properties LC Planning Commission Public Hearing: December 11, 2024 V_B_ City Project Details Request Change in Nonconformity I Staff Recommendation f Approval Staff Planner Alexis Bailey ' Location 2409 Holland Road GPIN 1494852493 s Site Size u 1 " l,-. 28 acres AICUZ oQ 65-70 dB DNL; Sub-Area 2 ' Watershed Southern Rivers Existing Land Use and Zoning District Farm/AG-1 Agricultural &AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Undeveloped land/AG-1 Agricultural, AG-2 Agricultural South j Nimmo Parkway Holland Road Annex/AG-1 Agricultural &AG-2 K Agricultural , East Holland Road ! Single-family dwellings/R-7.5 Residential West Undeveloped land/AG-1 Agricultural &AG-2 Agricultural John Overstreet Agenda Item 7 page 1 of 19 Background ► SummaryofProposal • The applicant is requesting a Change in Nonconformity to build an addition to an existing legally non- conforming dwelling on the approximately 28-acre parcel zoned AG-1 & AG-2 Agricultural District. The parcel is operating as a farm, with two residential dwellings, boarding of horses, and a dog kennel. • The subject property, 2409 Holland Road, was developed in the early nineteenth century prior to the adoption of any Zoning Ordinance in the City of Virginia Beach. • In the late 1970s, the 892.5 square foot structure was converted into a dwelling after being used as a sweet potato barn during the early to mid-twentieth century. There are currently two residential dwellings on this property, which is not permitted per the City's Zoning Ordinance, resulting in the legally nonconforming designation. • The applicant seeks to enlarge the existing dwelling (formerly used as a sweet potato barn) by adding a 732 square foot addition to the dwelling and connecting to the existing structure through a proposed breezeway. The addition will consist of a bedroom, bathroom, closet, office, and laundry room. • To ensure a cohesive look between the existing structure and proposed addition, the applicant intends to use vinyl siding in a double clapboard in Harbor Blue on both the existing and proposed structures. The proposed siding is similar to the existing siding on the current structure. John Overstreet Agenda Item 7 page 2 of 19 Zoning History # Request CRZ (B-2 to Conditional A-18) Approved Q i5 ,k 01/07/2020 CUP (Gasoline Sales with a Convenience Store) 1 Approved 03/27/2007 MDP Approved 03/27/2007 J r CRZ (AG-1, AG-2, and B-1 to Conditional B-2 with 1 , a Historic and Cultural District Overlay) Approved A AG2 06/08/2004 ez CRZ (AG-2, 0-2, & Conditional B-2 to Conditional AGB1 R,o 2 0-2) Approved 08/15/2017 AG2 �oQ AG, to CUP (Housing for Seniors and Disabled Persons) 2 1P2 Approved 08/15/2017 CUP (Communication Tower) Approved 3 05/10/2005 REZ Approved 10/21/1985 CUP (Fiber Optic Transmission Facility) Approved 4 09/22/1998 CRZ (AG-2 to Conditional B-2) Approved 09/22/1998 5 CRZ (AG-1 and AG-2 to Conditional R-7.5) Approved 03/11/1997 6 CRZ (AG-1 and AG-2 to Conditional R-7.5) Approved 01/28/1997 7 MDC Approved 08/08/1995 8 REZ Approved 04/27/1993 9 SVR Approved 04/14/1992 10 LUP Approved 02/21/1989 11 REZ Approved 06/23/1986 REZ Approved 11/21/1983 12 REZ Approved 10/21/1985 John Overstreet Agenda Item 7 page 3 of 19 Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • This request for a Change in Nonconformity to expand the existing legally non-conforming dwelling 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. Consideration of the property's historical and cultural significance is apparent in the proposed design and materials. The proposed design is compatible with the existing historical dwelling.The proposed building addition will be attached through a breezeway to preserve the structure and character of the existing dwelling. The proposed materials are of high quality and the replacement of the dwelling's existing siding to match the materials and colors of the proposed addition will aid in the overall appearance and cohesiveness of the dwelling. In Staff's opinion, the overall impact of these alterations will not adversely affect this property's historical integrity. 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 concept plan entitled "Boundary Survey of Parcel 'A"', dated 02/22/2009, prepared by MSA, P.C., 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 depicted on page 10 of this report and the color palette of the vinyl siding provided on page 11, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 4. 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 John Overstreet Agenda Item 7 page 4 of 19 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 Information-- The applicant is seeking a Nonconforming Use at 2409 Holland Road to add an addition to an existing non- conforming structure.This project falls within the Suburban Area and the South Holland Suburban Focus Area 2.3. 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). ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. The house at 2409 Holland Roads was constructed circa 1822 by John Burroughs, who was elected as the Princess Anne County Clerk of Court in 1821. The new Princess Anne County Courthouse, completed in December 1822, was constructed nearby at North Landing and Princess Anne Roads, making this a convenient location for the Clerk's residence. The "Burroughs House" is a rare surviving example in Virginia Beach of a significant transitional architectural type—the early 19th-century two-story, side passage, double-pile dwelling.The architectural complex of outbuildings on the property contributes to the historical setting and is illustrative of the evolution of the property through time. The Burroughs family cemetery is present on the property and contains the grave of Major Edgar Burroughs, a Confederate cavalry veteran who led local guerilla troops in and around Princess Anne County. Major Burroughs's death occurred while he was a prisoner in a Portsmouth, VA hospital and was shot attempting to escape.This event was depicted in an illustration in Harper's Weekly Magazine in February 1864. Staff at the Virginia Department of Historic Resources have determined that the Burroughs House and outbuildings are eligible for Listing in the National Register of Historic Places. Listing in the National Register of Historic Places is an honorary designation and would not prevent modifications to the structure(s). ImpactsPublic Utility Water and Sewer City water and sanitary sewer is not considered available for connection. The property is currently served by well and septic.The applicant has submitted an application for a Safe, Adequate, and Proper evaluation of the septic system which was approved by the Virginia Department of Health on October 29, 2024. John Overstreet Agenda Item 7 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 November 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 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 December 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. • 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 January 6, 2025. • 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 January 17, 2025. John Overstreet Agenda Item 7 page 6 of 19 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 2409 HOLLAND ROAD 4 5 WHEREAS, John Overstreet (the "Applicant") has made application to the City 6 Council for authorization to alter and expand the nonconforming dwelling at 2409 Holland 7 Road and zoned Ag-1 Agricultural and Ag-2 Agricultural Zoning Districts, 8 9 WHEREAS, this parcel currently contains two residential dwellings, and therefore 10 does not meet the current zoning regulations. Two residential dwellings on one parcel is 11 not permitted in the AG-1 or Ag-2 Agricultural Zoning District. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on December 11, 2024; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded is equally 21 appropriate or more appropriate to the zoning district than the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming structure as 27 expanded, will be equally appropriate to the district as is the existing structure under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed enlargement shall be developed substantially in conformance to the 34 concept plan entitled"Boundary Survey of Parcel'A,"'dated 02/22/2009, prepared by 35 MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file 36 with the Department of Planning and Community Development. 37 38 2. The maximum number of dwelling units on the subject Site shall not exceed two(2). 39 40 3. The applicant shall obtain all necessary permits and inspections from the Department 41 of Planning and Community Development Permits and Inspections Division. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2024. John Overstreet Agenda Item 7 page 7 of 19 Resolution APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA 16691 R-1 November 14,2024 2 John Overstreet Agenda Item 7 page 8 of 19 ConditionsExisting fa od v"w xo:.we•�+wi•_n.,sr®•s I M.�«.�. �. •. V.73OYYd .rwx.,rvrw 9 Q 9 $ 3 � 0 B €1 11 ���lCY �5 ! ;iQF i ij.p °c°OY aa .�— �i�tii°ydi kilt: _ . pill ® _ ` tt R tpe a t s! R� I -. �--tip•-___�•!�_�:..o..• F�� � �l FilCil� llil" lt';F fill John Overstreet Agenda Item 7 page 9 of 19 Proposed Conceptual +,°i.w.i u.P+A., . rJmun ,qN morn IK D! lsJ1.CfPMtty��t�^a�JMtA«[�L 8 IYKZ YA MY�Y9 '�,W'ar[ •RYI Do -.mr- a3�uM i6/L-iC-N.l 7adG :-X d d S Lei f — ANrM AMOIMa Z—S i tti�� r 1 �f t a/C6ar 1E $i B��t 1�tTill Yt<�n l '� ',•,l�,e _` Fc . i..._ _. 1pr. ppiee tM�Y � �, C�a�1y6 gt t81j @ ti��9ddddr fill i ! iCiF���{rrt t9ttut rti 16��� . A a l F I ` Pk r t ki n te[Y 7l 1 t� k J f 6,4 �I 1! 1 g°x a 4 yrLm...Mt t t + John Overstreet Agenda Item 7 page 10 of 19 Proposed - Plan 1 EMSTIND STRjC SAM iY a • AV PA fIL PIP 13 MAI �t John Overstreet Agenda Item 7 page 11 of 19 Proposed Floor Plan JM-.*Z 119 1 - IN 1 1 Y N 1 VS i 1 I I 1 q 1 N I 1 John Overstreet Agenda Item 7 page 12 of 19 Proposed Building Elevation Eck ' aUu.A!UC� f�r I Qrae.7,c. wn4 tj �ieVa�on 1. Vinyl siding in a double lap clapboard in the color Harbor Blue 2. Square footage for existing structure is 692.5 square feet 3. Proposed building addition square footage is 732 John Overstreet Agenda Item 7 page 13 of 19 Proposed Color for • • on Building John Overstreet Agenda Item 7 page 14 of 19 Site Photos -"�.��`"�_.a��_�..�. �.��-:�^• _ate-� _ 7777Z7 i ,r4 � a y��_,, F• 15 y Disclosure Disclosure VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application John Overstreet 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©NoO If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes©No0 If yes, list the names of all officers, directors, members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) Does the su bject property have a proposed or pending purchaser? Yes U No • If yes, name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yes Q 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 Q cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 John Overstreet Agenda Item 7 page 16 of 19 Disclosure SECTIONDISCLOSURE contfnued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:l 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,!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. John Overstreet DgNaysly evny JOM John Overstreet DIte2024.fr1411:35.02-05W 11/14/2024 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 SO percent of the voting power of another corporation.'See State and local Government Conflict of interests Act VA.Code§2.2-3101. Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities there are common or commingled funds or assets;the business entities share the use of the 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): 12/31/2024 Alexis Bailey 01/03/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 John Overstreet Agenda Item 7 page 17 of 19 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Overstreet Family Properties LC Is the Ownera corporation,partnership,firm,business,trust,or unincorporated business? Yes(•)Noo If yes,list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity I relationship with the applicant.(Attach list if necessary.) John Overstreet-President&Member Thelma Overstreet-Member Does the subject property have a proposed or pending purchaser? Yeso No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o NoQ 1 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 orany 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 o Accounting/Tax Return Preparation o O Architect/Designer/landscape o 0 Architect/Land Planner Construction Contractor o Engineer/Surveyor/Agent o 0 Legal Services o O PROPERTY OWNER CERTIFICATION READ:/certify that all information contained in this Form is complete, true,and accurate. !understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. John Overstreet John Overstreet a;�`�-241' ;;;°3;:°u�no 11/14/2024 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 John Overstreet Agenda Item 7 page 18 of 19 • 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. John Overstreet Agenda Item 7 page 19 of 19 Virginia Beach Planning Commission December 11, 2024 Public Meeting Item 7 John Overstreet Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is agenda item number seven, John Overstreet, Overstreet Family Properties. Welcome. Mr. Overstreet: Hello, I'm John Overstreet. Ms. Cuellar: Are the conditions acceptable to you? Mr. Overstreet: Yes. Ms. Cuellar: Thank you very much for being here. Is there any opposition to this item being on the consent agenda? Hearing none, I've asked Commissioner Cromwell to read this into the record. Mr. Cromwell: The applicant is requesting a change in nonconformity to build an addition to an existing legally nonconforming dwelling on approximately 28-acre parcel zoned AG-1 and AG-2 Agricultural District. The parcel is operating as a farm with two residential dwellings, boarding of horses, and a dog kennel. The applicant seeks to enlarge the existing dwelling, formerly used as a sweet potato barn, by adding a 732-square-foot addition to the dwelling, and connecting to the existing structure to a proposed breezeway. The addition will consist of a bedroom, bathroom, closet, office, and laundry room. Hearing no opposition, we move to accept this application. Ms. Cuellar: Thank you very much. Ms. Cuellar: The Planning Commission places the following applications on the consent agenda, items 1,2, 5, 7, 11, and 12. Mr.Alcaraz: All right,thank you. Do I have a motion to approve this consent? Ms. Eisenberg: There's an additional abstention unless I missed it. Mr. Plumlee: Yes, sorry, I'm abstaining from item 12 for reasons set forth in the letter with the City Attorney's office. Mr.Alcaraz: Thank you. Ms. Cuellar: I move that these items be approved by consent. Mr.Alcaraz: I have a motion by Ms Cuellar. Ms. Byler: Second. Mr.Alcaraz: Second by Ms. Byler. Madam Clerk: The vote is now open. By a recorded vote of 10 to 0, with one abstention from Commissioner Plumlee on item number 12, items 1, 2, 5, 7, 11, and 12 have been recommended for approval by consent. Mr. Alearaz: All right, thank you, Madam Clerk. So, that concludes our consent agenda. The staff you've been working with will let you know when it will be in front of City Council. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. The proposed enlargement shall be developed substantially in conformance to the concept plan entitled "Boundary Survey of Parcel 'A"', dated 02/22/2009, prepared by MSA, P.C., 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 depicted on page 10 of this report and the color palette of the vinyl siding provided on page 11, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 4. 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. U ORS , 2 OR Scree .- __.-- Stye � O o � reef O,�R� � ,- �h s OR OR O ,� et�20 /O R ,4, RJF { oQ o F.Z O R OR a Q 19thStn n OR OR Y_ eet �� R O R 9 h Str �_ O.R - ` 10R 0 , OR �8th � OAR ��►-_R �;R� � ,, cc N ® site The City of Virginia Beach Development Authority W+� � E Property Polygons & Atlantic Park, Inc. S Zoning 1915 Baltic Avenue, Building 320 & 400 20th Street, 365 18th Street Feet 0 50100 200 300 400 500 600 itiU` `1l �� ev, shRC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK INC. [Applicants] THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Manor Entertainment Venue Sign for the property located at 1915 Baltic Avenue, 400 2011 Street, 320 20th Street, and 365 W1 Street (GPINs 24270757850002, 24270757850003, 24271709600001, 24271703780002). COUNCIL DISTRICT 6 (Remick) MEETING DATE: January 21, 2025 ■ Background: The City of Virginia Beach Development Authority and Atlantic Park Inc. are requesting four Major Entertainment Venue (MEV) signs to be located at Atlantic Park. On August 20, 2021 , City Council granted approval for a Special Exception for Alternative Compliance for the Atlantic Park Development. The proposal consisted of two mixed-use buildings, structured parking, an indoor/outdoor entertainment venue, and an outdoor "Surf Park". A previous application for two video display MEV signs was approved by the City Council in 2022. This current application is in addition to the previously approved MEV signs and will contribute to the overall signage package of the Atlantic Park development. The Major Entertainment Venue sign application type was introduced to the City's Zoning Ordinance in 2016 to allow for flexibility of signage types for larger projects beyond what is permitted by the existing code. The current request includes building-mounted signs to be installed on the entertainment venue, operations building, and parking garages. ■ Considerations: Section 218(d) of the City Zoning Ordinance details the criteria to be used by City Council in its review of Major Entertainment Venue signs, including the applicable sign regulations for the district, the Comprehensive Plan, compatibility with surrounding properties, the impact on traffic safety, and the integration into a unified development concept. The proposed signs meet the intent of the MEV application type and are consistent with the standards set forth through the ordinance. Due to the scale of the Atlantic Park project and the likely need for additional MEV signage in the future, staff has recommended Condition #2 to allow the Zoning Administrator to administratively review and approve an additional 750 square feet of MEV signage. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. The City of Virginia Beach Development Authority & Atlantic Park Inc. Page 2 of 2 ■ Recommendation: On December 11, 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 1 abstention. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Exhibit A"which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant is authorized to submit a maximum of 750 square feet of additional Major Entertainment Venue Signage that can be reviewed and approved administratively by the Zoning Administrator after the approval of this application. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department City Manager: Agenda Item 12 •• of Beach Development Auth• Park Inc. . • ••' • i' �' •• • . • • • • • •' CouncilCity • Project Details East Request Pacific Avenue Major Entertainment Venue Signs Commercial, Religious Use /OR Oceanfront Resort Staff Recommendation Baltic Avenue Approval Single-family dwellings, multi-family dwellings, Staff Planner Commercial /OR Oceanfront Resort Laine Harrington Location 1915 Baltic Avenue, 400 20th Street, 320 20th Street, 365 18th Street GPINs 24270757850002, 24270757850003, 24271709600001, 24271703780002 Site Size Approximately 11.3 acres AICUZ pG\H\PB MST 65-70 dB DNL ` Watershed \aTH ST `1 "`TTH SS ply �2M' 1 Atlantic Ocean Existing Land Use and Zoning District Municipal Use, parking lot/OR Oceanfront Resort ; "^`" Surrounding Land Uses and Zoning Districts �� ' Y` "`. North 20th Street ' 21 Single-family dwellings, Commercial /OR Oceanfront Resort 191h Street & 18th Street Single-family dwellings, multi-family dwellings, y '.. Commercial / OR Oceanfront Resort Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 1 of 19 Background SummaryofProposal • On August 20, 2021, City Council granted approval for Special Exception for Alternative Compliance for the Atlantic Park Development. The proposal consisted of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor "Surf Park". The applicant sought Alternative Compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort Form-Based Code or required a Conditional Use Permit. Construction of the development is ongoing. • A previous application for 2 Major Entertainment Venue (MEV) signs was approved by the City Council on September 20, 2022, to allow for the installation of two building-mounted signs, one located along 20th Street in the Northwest block facing east and another located along Pacific Avenue in the Northeast block, facing south. The signs will showcase a combination of static and animated text and images as well as livestreaming of the Surf Park. • The current request is for the approval of four additional Major Entertainment Venue (MEV) signs, which will be installed on the parking garage fagade (2), the entrance to the Surf Park (1), and the eyebrow of The Dome entertainment venue building (1). • The sign types and locations are as follows: 1. MEV "The Dome" Sign —Individual building-mounted letters that spell "THE DOME", installed onto the eyebrow of the venue building, located on Arctic Avenue.The sign will be externally lit, using LED up-lights at the base of each letter. Each letter is 12' tall and 36" deep. 2. MEV NW Garage Sign —Building-mounted sign located at northwest corner of parking garage on 20th Street. This sign is internally lit with white LED lights. The square logo is 15' x 15', and the logotype has a 2'3" character height. 3. MEV N Garage Sign— Building-mounted sign located at northeast corner of parking garage on 20th Street. This sign is internally lit with white LED lights. The square logo is 6' x 6', and the logotype has a 2' character height. 4. MEV Surf Ops Sign — Building-mounted sign located on corner of 181h Street and Arctic Avenue.This sign is internally lit, with daytime color being black and nighttime color being white. The square logo is 7'2" by 8'7$", and the text is 8" tall and 10'1$" long. • The specific application and owner entity for each sign is as follows: "The Dome" Sign's applicant and owner is the VBDA. The parking garage "Atlantic Park" signs' applicant is Atlantic Park Inc. and the owner is the VBDA. The surf ops "Atlantic Park" sign's applicant is Atlantic Park Inc. and the owner is the VBDA. Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 2 of 19 Zoning • Map Key No. Request 1 STC (portion of 19th Street, 20th ` ' v Street, Arctic Avenue, alleys) �' 9 C � Approved 12/01/2020 {� 0 zow Sttcct 4 S 2 CUP (Church Addition) Approved , `` Y 05/12/1998 gtreet� S CUP (Church Expansion) Approved 05/12/2010 ,.e -` 3 CUP (Short Term Rental) Approved 06/10/2020 K 2 13 4 CUP (Commercial Parking Lot) ° Approved 04/09/2002 5 ALT Approved 05 14 2013 ltth 5 f 6 SVR &ALT Frontage) { t'^ (Alley g ) 10/08/2013 Application Types 7 CUP (4 Short Term Rentals) Approved Conditions Modification of C 8 CUP (Commercial Parking Lot) CUP: Conditions Approved 12/09/1985 Conditional MDP: Modification of Proffers Use Permit NON: Nonconforming Use 9 CUP (Commercial Parking Lot) REZ: STC:Street Closure Approved 08/23/2011 10 CUP (3 Short Term Rentals) Approved Rezoning FVR: Floodplain Variance 06/26/2020 CRZ: ALT Alternative Compliance Conditional SVR:Subdivision Variance 11 CUP (Short Term Rental)Approved 10/21/2020 Rezoning LUP: Land Use Plan STR:Short Term Rental 12 CUP (2 Short Term Rental) Approved 06/09/2020 & 01/20/2022 13 ALT (Low Speed Vehicle Storage) Approved 09/17/2024 Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 3 of 19 Evaluation • • . • Section 218(d) of the City Zoning Ordinance provides the 'Review Standards' to be used by the City Council in its review of Major Entertainment Venue (MEV) signs, noting that the City Council "shall consider the following criteria in acting upon an application." • The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations, as expressed in Sec. 8.1.1.Staff Comments:The proposed MEV signs are consistent with the ORD sign regulations, which state that signage in this area should enhance the overall aesthetics of the district so as not to detract from the City's investment in beautifying this area. The proposed MEV signs are consistent with these findings. The conditions recommended below ensure the signs will be installed and used in a way to promote amenities and events without being overly bright or distracting. • The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan. Staff Comments:The Comprehensive Plan and the zoning regulations adopted to implement the Plan recognize that the vision for the Resort SGA is to attract visitors to the area. Signs for major entertainment venues, such as the proposed Surf Park and the Entertainment Venue, warrant a larger scale and function than typical business signs. For this reason, MEV signs have their own set of regulations and must be approved by City Council. • The extent to which the scale, color, materials, shape, illumination, and landscaping of the proposed signage, considered as a whole, is compatible with surrounding properties.Staff Comments:The MEV signs are appropriately scaled in relation to the proposed buildings for the Atlantic Park Development.The signs are proposed to be building-mounted with consistent illumination levels, thus having little impact on other surrounding properties. • The impact of the proposed signage on traffic safety, taking into consideration the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors.Staff Comments: Based on the depicted building elevations and proposed sign locations, there are no to be no view obstructions or confusion with other traffic control signs and devices. • The degree to which the proposed signage is integrated into a unified development concept, considering the building design, other signs, landscaping,traffic circulation, and other development features of the neighboring property,the frontage in which the venue is located and the District as a whole. Staff Comments:The MEV signs are strategically placed on the conceptual site plan to provide an appropriate level of visibility from the street without creating a nuisance for surrounding properties. The recommended conditions below ensure that the full sign package, including necessary directional and wayfinding signs, will be integrated in the overall development plan. Based on the staff's conclusion that the proposed MEV signs satisfy the standards above to the greatest extent possible, staff recommends approval of this request. Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 4 of 19 Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Exhibit A" which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant is authorized to submit a maximum of 750 square feet of additional Major Entertainment Venue Signage that can be reviewed and approved administratively by the Zoning Administrator after the approval of this application. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. Comprehensive Plan Information The Comprehensive Plan identifies the location of the Atlantic Park project within the Resort Area SGA, Short Term Rental Overlay, and is within the Oceanfront Resort District. Guidance from the Resort Area's plans and form-based code apply here. Based on the Oceanfront Resort District Design Guidelines, it states that "multiple signs for a single enterprise are more effective visually when they are coordinated" (p. 49). Exhibit A shows that all four proposed signs are incorporated into the building's design and are not within the ROW, a design characteristic that is supported. The signs also do not dominate the building facade at any of the four locations (p. 49). There are no extraneous details in the signage such as phone numbers or sales information, are included in the signage and it simply reads the business and/or use, which is supported (p. 50). Materials and illumination renderings should be provided to understand if those can withstand harsh weather conditions and do not over project light (p. 50,51). Color looks to be complementary to the overall design of the project and surrounding area (p. 51). Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. There are no substantial impacts to natural resources anticipated with this application. There are no known historic or cultural resources that will be affected by this application. Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 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 by November 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 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 December 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. • 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 January 6, 2025. • 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 January 17, 2025. Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 6 of 19 y �. ... — .. .`. ; V a Sign I yl �' Sur l Ops Sign tl "wow A.-. 41� IF IN cc too so D cro v -0 Z 0) Q �. OU n (D — V (D v O 3 N N � lD N Renderings DOME" �I Virginia Beach �I A J r 1 1 f ' r f f � r i f 1 f 1 1: r 1 r A 1 r I 1 / i - i f Development Agenda Item 12 page 8 of 19 Renderings NW Garage Sign PARK or { I AT ANTO Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 9 of 19 Renderings N Garage Sign I l,� K l � W � PI, , lot r Fr a l Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 10 of 19 Renderings Surf Ops Sign — i►�►� T ' db 14 Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 11 of 19 DisclosureDisclosure Statement VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to wt*,Ihr•r they have a conflict of interest under Virginia law.Completion and submission of this form Ls required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as hsted art opplication Atlantic Park, Inc Is Applicant also the Owner of the subject property? Yeso Not0 if nu,t'ruperty Ownev must compfere SECTION 2:PROPERTY OWNER DISCLOSURE(page 3) Does Applicant have a Representative?Yese No0 If yes,name Representative Michael A. Culpepper Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoQ if yes,list the names of all officers,directun,members,at trustees below AND businesses that have a parent-subsidiary r or affiliated business entity'relaliunshi with the a ficant.(Attach list i necesso .) See attached. Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchaser. KNO'v'VN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does.an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action? Yes(F)Noo ffyes,name the official or employee,and describe the nature of their interest. City of Virginia Beach Deve»pmml Authc•ty is Ovmer.M chael J.Standing is a p?Incipal of an entity with interest in Venture Waves,LLC and serves on the VBDA Beard o!Commissioners. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are 6einq 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.(Attoch list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Financing;mortgage,deeds of trust, cross-col late ra lizat ion,etc. 0 ^Q Al-Capital Markets('Capital R oa<er) Real Estate Broker/Agent/Rre.ltur e l J id,:ir =Bally c7tuigi I Disclosure Statement I retie. M ay 2J24 page I of i Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 12 of 19 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER _._ )O entgy mrd/ur irtdtvidud Accounting/Tax Retum Prejn•ion w0 _ Arc hiteet/Designer/Landscape I CQOp•f r GwaW,Wk. tiom Architect/land Planner , C.on%truMon Contractor K'Atjoftn Engineer/Surveyor/Agent01'WPL,�le Wn L al Services . (F) 0 1 Kaftan 6 Atria i APPLICANT CERTIFICATION READ:I certify that oil information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that they 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. AtttwTK 1m0r,wt it . Z44c..earAC ,la.) rt• "` , Apphcanl Name(Print) Applicant Signature Date 1 Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation.'See State and local Government Conflict of interests Act VA.Code§2.2-3101. 2`Affiliated business entity relationship'means'o relationship,other than parent-subsidiary relationship, that exists when(t)one business entity has a controlling ownership interest in the other business entity,(it) o controlling owner in one entity is also a controlling owner in the other entity,or(tip)there is shared management or control between the business entities Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or onsets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on o regular basis,or there is otherwise a close working relationship between the entitles.'See Stofr•and l ncnr Gove- nment Conflict of interests Act,Va.Code§2.2 3101. FOR CITY USE ONLY: No changes as of(date) 1/2/2025 Laine Harrington Gracert'. %""urea 1,2r2025 Staff Name(Print) Start Signature Date Disclosure Statement I rev. May-2024 pare : of t Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 13 of 19 Disclosure Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker John L.Gibson,ill Rnire A Berlin Doug Ellis Elizabeth Matulenas Matthew L.Lafler Steven D.Green Dome Associates,LLC John R.Lawsun H201nvestmems,LLC Joe LaWontagne The Costen Comommes Tim Custen Pharrell Williams Rhema Waves,LLC Stevan W.Bishard John K.Rishard Robert A.Deacon Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 14 of 19 Disclosure VIRGINIA Disclosure V 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 ail applications that pertain to city real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards,commissions, or other bodies. SECTIONDISCLOSURE APPL IC AN I INFORMAf ION Applicant Name: as listed on application Virginia Beach Development Authority Is Applicant also the Owner of the subject property? Yese Noo If no,I'roiway Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 4). Does Applicant have a Representative?YesO No0 if yes,name Representative Emily Archer Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO !f yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary'or o ilinted business entity'relationship with the applicant.(Attach list i necessary.) SEE ATTACHED EXHIBIT B-For disclosures related to Venture Waves,LLC,see prior submittals _ Does the subject property have a proposed or pending purchaser? Yes No(• if yes,name proposed or pending purcruser! _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yese Noo 1 yPs,name the of-ciai ar employee,and describe the nature of their Interest. Michas`J.Standing is a principal of an entity with interest in Venture Waves,LLC and serves on etie VBDA Board of Comm�ssioners i APPLICANi 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 an the property, The name of the entity and/or individual providing such services must be identified.(Attoch list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individuai) Financing(mortgage,deeds of trust, o 0 cross•collateralization,etc. Real Estate BrokerJAtent/Realtor disclosure Statement I rev M a V-2024 page 1 of 3 Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 15 of 19 Disclosure SECTIONDISCLOSURE continued I SERVICE YES NO SERVICE PROVIDER Nome entd,and/or indivi Aotounting/Tax Return Preparation O 0 Arch itectMesigner/landscape O i h Architect/land Planner (�j Construction Contractor O O Engineer/Surveyor/Agent legal Services SMW Deft%ntm Anttrews Hurtle i APPLICANT CERTIFICATION READ.,I certify that oil information contaned in this Farm is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks pnor to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetionds Board or any public body or committee in Connection with this application, r kvlf CR4 Efg1AG1W0t$E M I! r Zy Applrcan�jia�tW(Pr Appikmt S"Mure �- l�E�EI�OE Nf Qkftlt+RlT4 t"Parent subsidiary relatronshrp`rrneans'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 perceM of the voting power of another corporation.-See State and total Government Conflict of Interests Act,VA Code§2.2-3101. z Affiliated business entity relationship"means a relationship,other than paent•subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) o controlling Owner in one entity is also a controlling owner in the other entity,Of(441)there is shored management or control between the business entities.Factors(hot should be considered in determining the existence of on offthoted business entity relationship include(hot the some person or substantially the some person own or manage the two entities;there ore common or commingled funds or assets;the business entities shore the use of the some offices or employees at otherwise shore octivities,resources at persortneif on a regular basis;or there is otherwise a Nose waking relationship between the entities."See State and Local Government Conflict of interests Act,Va.Code 4 2.2,3101. FOR CITY USE ONLY: No changes as of(date): 1/2/2025 Laine Harrington .'aa.rr Nas'ua9t04 1/212025 Staff Name(Print) Staff S,gnaCti.r Date DKOosure Statement 1 rev. M a y-2024 page 2 of 3 Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 16 of 19 Disclosure SECTION -•• OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name, as r,sre d nn a�piieot}an City of Virginia Beach Developrnent Authority(VBDA) Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YeSON00 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entily'relationship with the o plicant.(Attach list if necessary. VBDA is a poidiml suhd+vision ae the Cornnw eaith of Vrgota Attached Is a Wt of the Board of Co ntnusioners of the VBDA. Does the s _._ ._ object property have a proposed or pending purchaser? YesQ No� if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent an the subject public action? Yes Q No& it yes,flume the official ur emprayee,and describe the nature of(hair interest l �J PROPERTY OWNER SERVICES DISCLOSURE READ.the Owner must certify whether the following services are being provided in connection to the subject opptication or any business operating or to be operated an the property. The name of the entity or individual providing such services must be identified.(Attorh list if necessary,)_ SERVICE YES — NO SERVICE PROVIDER FFnanci Name emit a ar!eLividual) ng(mortgage,deeds of trust, O cross coHateralitation,etc.) Rea!Estate Brokesr/ nt/Reaitor 0 4_a Aco—nting/Tax Return Preparation O Architect/Designer/Landscape O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent ® V Legal Services Q Q Singer Dawsl Hunton Andrews Hurth f 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 publir hearing,I am responsible for updating the informoNan provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA,Wetlands Board or any public body Of mrttee in connection with this application. r l? lNl i 7, :i 1 nCt l7t t _"tf( t,_ __ 1�Ci 7 i.9 Property Owner Name(Print) ro ert Owner p y Signature 0[t.w Date Discloswe Statement I rev. M ay-2024 page 3 of 3 Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 17 of 19 Disclosure City of Virginia Beach Development Authority Board of Commissioners William Brunke (Treasurer) W Taylor Franklin(Vice Chair) Linda Gam:-Bright Donald H.Horsley Fric Keplinger)Assistant Se ietary) Penny Morgan Lisa M.Murphy(Chair) Ronnie L.Parker Michael1.Standing David Weiner Guenter Wetssenseel(Secretary) Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 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. Virginia Beach Development Authority/Atlantic Park Inc. Agenda Item 12 page 19 of 19 Virginia Beach Planning Commission December 11, 2024 Public Meeting Item 12 Virginia Beach Development Authority Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is agenda item number 12, the City of Virginia Beach Development Authority. Is there a representative here today? Yes, Ms. Murphy. Ms. Murphy: Thank you for putting this on the consent agenda. I'm technically not here for that, but as the person who signed the application,thank you for putting it on the consent agenda. Ms. Cuellar: Okay. And forgive me, did you state your name just for the record? Ms.Murphy: Lisa Murphy. I'm the Chair of the Virginia Beach Development Authority. Ms. Cuellar: Great. And all the conditions are acceptable to you? Ms. Murphy: They are. Thank you. Ms. Cuellar: Thank you. Thank you very much. Is there any opposition to this item being on the consent agenda? Hearing none,I've asked Commissioner Anderson to read this into the record. Mr. Anderson: Thank you. On August 20th, 2021, City Council granted approval for a special exception for alternative compliance for the Atlantic Park development. The proposal consisted of two mixed-use buildings, residential, commercial structured parking, an indoor/outdoor entertainment venue, and an outdoor surf park. The applicant sought alternative compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort form-based code or required a conditional use permit. Construction of the development is ongoing. A previous application for two major entertainment venue signs was approved by City Council on September 20th, 2022,to allow for the installation of two building- mounted signs, one located on 20th Street in the northwest block facing east, and another located along Pacific Avenue in the northeast block facing south. The signs will showcase a combination of static and animated text and images as well as live streaming of the surf park. Hearing no opposition, we move to approve. Ms. Cuellar: Thank you very much. Ms. Cuellar: The Planning Commission places the following applications on the consent agenda, items 1, 2, 5, 7, 11, and 12. Mr. Alcaraz: All right, thank you. Do I have a motion to approve this consent? Ms. Eisenberg: There's an additional abstention unless I missed it. Mr. Plumlee: Yes, sorry, I'm abstaining from item 12 for reasons set forth in the letter with the City Attorney's office. Mr. Alcaraz: Thank you. Ms. Cuellar: I move that these items be approved by consent. Mr.Alcaraz: I have a motion by Ms Cuellar. Ms. Byler: Second. Mr.Alcaraz: Second by Ms. Byler. Madam Clerk: The vote is now open. By a recorded vote of 10 to 0, with one abstention from Commissioner Plumlee on item number 12, items 1, 2, 5, 7, 11, and 12 have been recommended for approval by consent. Mr.Alcaraz: All right, thank you, Madam Clerk. So,that concludes our consent agenda. The staff you've been working with will let you know when it will be in front of City Council. Vote Tall AYE 10 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estads X Hi en X Mauch X Parks X Plumlee X Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Exhibit A" which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant is authorized to submit a maximum of 750 square feet of additional Major Entertainment Venue Signage that can be reviewed and approved administratively by the Zoning Administrator after the approval of this application. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. 84 ITEM— V.L.2 PLANNING ITEM#73312 The following registered to speak.- Rob Beaman,Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT Mary Pannula, 1045 Shelford Court, Phone: 617-3590, did not respond JoAnn Little, 1037 Shelford Court,Phone: 681-7087, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Branch, City Council APPROVED, AS MODIFIED, Application of DAM NECK ASSOCL4TES, LLC for a Modification of Proffers to a Conditional Rezoning re a multi family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 DAM NECK ASSOCL47ES, LLC for a Modification o Pro ers to a Conditional Rezoning re a multi family development at 872 Dam Neck Road (GPIN 2415 75 7941) DISTRICT 5 (Formerly District 7- Princess Anne) The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 160 day ofAugust Two Thousand Twenty Two. Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Aaron R. Rouse September 20, 2022 0 AG2AG2 P1 P1 0 0 00 Izz? /B-2 Bt2 B-2 fB2 B2� Al2 o B2�B'2 Al2 m;, � A-18�A18 A-18 B2� o % B2 B2 olR 10 B2 Q� /R1 0 0 AG2 —Dam Neck Road- —AG2- _ - -_ _ :am=Neck - — � a Q Q - Road -- -2 B2 d o AG�2� R7.5 tg,2 �� i4�G2 ^�Qor_ R.5D Al2 o R10 R10 R7.5 n o�B,2 AG2 R�5 D CA120 B,2 E N -- ® site Dam Neck Associates, LLC W E Property Polygons 872 & 1089 Dam Neck Road, S ® Zoning 1064 & 1080 Dam Neck Station Road Feet Building 0 80160 320 480 640 800 960 ro g CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAM NECK ASSOCIATES, LLC [Applicant & Property Owner] Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed Use District) Modification of Proffers to a Conditional Rezoning for the property located at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road (GPINs 2415757941, 2415653990, 2415665412, 2415662427). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: January 21, 2025 ■ Background: The applicant seeks a zoning change from Conditional A-18 Apartment District and Conditional B-2 Community Business District to Conditional B-4 Mixed Use District to develop a mixed-use project on approximately 71.2 acres located just east of the General Booth Boulevard and Dam Neck Road intersection. Additionally, a Modification of Proffers is requested to amend the proffers approved by the City Council in 2022. In 1994, City Council approved two rezoning requests: one from A-12 Apartment District to Conditional B-2 Community Business District for a commercial development at the northeast corner of General Booth Boulevard and Dam Neck Road, and another from A-12 Apartment District to Conditional A-18 Apartment District for up to 612 apartment units, yielding a residential density of 17.98 units per acre. A Modification of Proffers was approved in September 2022 to revise the site layout and building design for the 612 apartment units. As currently proposed, the development will be completed in two main phases. The eastern portion of the site, identified as Phase 1, will remain Conditional A-18 and will include a total of 314 residential units. The Modification of Conditions request relates to Phase 1 of the development and includes minor modifications to the site layout and proposed phasing lines. Furthermore, the request notes that a maximum of 314 residential units will be developed with Phase 1. The architectural style and building materials for Phase 1 will generally conform to the previously proffered building elevations which featured a neutral color scheme with a combination of high-quality fiber cement siding, stone veneer, and fiberglass shingles. The western portion of the site, identified as Phase 2, is proposed to be rezoned to Conditional B-4 and will contain a mix of commercial, residential, office, and recreational uses. The remaining 298 units approved in 1994 will be relocated to contiguous properties to the west and will be developed as part of Phase 2. Dam Neck Associates, LLC Page 2 of 7 The site is located within the 70-75 dB DNL and greater than 75 dB DNL noise zones, where residential uses are considered incompatible with Navy flight operations per Article 18 of the Zoning Ordinance. In 2023, the City Council amended Article 18 by adding Section 1804(e), which allows previously authorized dwelling units to be reconfigured or relocated, as long as they are not moved to a higher noise zone, accident potential zone, or clear zone, and any affected or changed units are reduced by 5 percent. As part of these requests, a portion of the residential units approved with the 1994 rezonings will be relocated to the contiguous western parcels, in compliance with Section 1804(e). Although 612 units were originally approved for the site, the 5 percent reduction will limit the total number of residential units to 597. Phase 1 (the eastern portion), approved in 2022, will include up to 314 units and will not be subject to the 5 percent reduction, as these units are not being altered or relocated with this application. The 298 units planned for Phase 2 will be subject to the 5 percent reduction, since they are proposed to be relocated to the western portion of the site, thus limiting Phase 2 to a maximum of 283 units. While specific uses and tenants have not been identified for the commercial areas of the project, Proffer 7 has been provided to ensure that all proposed uses are consistent with the land use table in Section 1804 of the Zoning Ordinance. In accordance with Section 904 of the Zoning Ordinance, buildings within the B-4 Mixed Use District that are located within 100 feet of an adjoining A-18 Apartment District are limited to a maximum height of 35 feet. The applicant is requesting a deviation, as permitted by Section 107(i) of the Zoning Ordinance, to instead allow building heights of up to 75 feet within this 100-foot area. The buildings in Phase 2 will range from three to five stories and will be in substantial conformance with the "Mixed-Use Building Character Imagery" exhibit, as proffered. A parking study was submitted in accordance with Section 203 of the Zoning Ordinance,which allows fora reduction in the minimum number of required parking spaces. Although 1,638 parking spaces are required for the mixed-use development, the study indicates that 1,419 spaces will be provided, resulting in a 13.4% reduction (219 spaces). As shown on the Conceptual Site Plan, all required bicycle parking spaces will be provided in compliance with the City Zoning Ordinance. Lastly, right-of-way improvements shown on the proffered Conceptual Site Plan include the installation of sidewalks along the full length of the Dam Neck Road and Dam Neck Station Road frontages, as well as the completion of the remaining portion of Dam Neck Station Road to connect General Booth Boulevard and Dam Neck Road. According to the Traffic Impact Analysis (TIA), the construction timeline for these improvements, including the extension of Dam Neck Station Road, will be determined during the site plan review. An updated traffic analysis will be submitted with each phase of development to be reviewed and approved by the Department of Planning & Community Development, in coordination with the Department of Public Works/Traffic Engineering, as noted in Proffer 8. Dam Neck Associates, LLC Page 3 of 7 ■ Considerations: The proposed development is consistent with the Comprehensive Plan's vision for the Suburban Area, which emphasizes creating and maintaining quality neighborhoods that are compatible with their surroundings. The proposed mixed- use development supports these objectives by reducing parking visibility, enhancing streetscapes, integrating pedestrian connections, and providing amenities like walking paths and potential connections to Red Wing Park. As noted above, the applicant seeks a deviation from the 35-foot height limit within 100 feet of the A-18 Apartment District, requesting up to 75 feet for buildings. This request is supported by Section 107(i) of the Zoning Ordinance, which allows deviations if they do not significantly impact surrounding properties. Staff believes and the Planning Commission concurred that the height increase will not negatively affect the area, as the site is surrounded by a City Park, a retirement community with 80-foot buildings, a school, and commercial property. The deviation also allows for better integration between the two phases of development, contributing to a more cohesive project. The parking study reviewed and approved by the Zoning Administrator for the development was based on a certain mix of uses specified in the study. A condition of the approval required the applicant to inform the Department of Planning & Community Development as uses and tenants are identified to ensure the mix of uses conformed to the parking study. Furthermore, any significant changes to the development plan and/or mix of uses would require submittal of a new parking study for review and approval. The applicant submitted a Traffic Impact Analysis (TIA), dated August 2024 and revised in December 2024, for review. This Analysis was based on the full build- out of the development and the improvements that would be required at full build- out. Since the development will be constructed in phases which will be driven by market demand, an updated traffic analysis will be submitted for each phase to the Department of Public Works/Traffic Engineering. Required improvements identified in the traffic analysis, including the extension of Dam Neck Station Road and intersection upgrades, must be completed and dedicated to the City before the issuance of a final certificate of occupancy for each phase. A Joint City-Navy Review Process Group meeting was held on July 30, 2024, to discuss the mixed-use development proposal. The Joint Review Process Group determined that a density of 5.27 units per acre (283 units) is the highest acceptable for Phase 2, in accordance Section 1804(e) of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Dam Neck Associates, LLC Page 4 of 7 ■ Recommendation: On December 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0 with 1 abstention. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM Conceptual Development Plan", dated June 3, 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 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 "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group (the "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 incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property, when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance, and the proposed 283 units reflects the five percent (5%) reduction required by Section 1804(e)(2)(ii). Proffer 5 A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any Dam Neck Associates, LLC Page 5 of 7 mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet (100') of the adjacent A-18 zoning lot (to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a) the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or (b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 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. Modification of Proffers Proffer 1 A portion of the Property is hereby removed from the definition of"Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Dam Neck Associates, LLC Page 6 of 7 Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 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 incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreements Minutes of Planning Commission Hearing Dam Neck Associates, LLC Page 7 of 7 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. _/ Submitting Department/Agency: Planning Department City Manager:/;�V A • A•• Dam Neck Associates, CouncilPlanning Commission Public Hearing: December 11, 2024 V_B� City • Project Details East Request Cultivated Field/A-12 Apartment and AG-2 Conditional Rezoning (A-18 Apartment and B-2 Agricultural Community Business to Conditional B-4 Mixed Use) West Modification of Proffers Retail, fast-food Restaurant/ B-2 Community Business Staff Recommendation Approval Staff Planner , Marchelle Colemanlw Location y hDOF1CQCKI,N !` - -r . 872 & 1089 Dam Neck Road; and 1064&1080 Dam r "`"RA`N EAGU WOOD DR Neck Station Road SNOWBIRDLN v _. GP/Ns 2415757941, 2415653990, 2415665412, axis CT ./ FLEET DR p QTDAM NECK RD _ 2415662427 o CASUAL CT Site Size 1k 71.2 acres g" o °'qo °Pr`oP .�*0 �o op: e o-F r j AICUZ 70-75 d LB DNL, Greater than 75 dB DN E 8pNRD�Aft Watershed Southern Rivers Existing Land Use and Zoning District Cultivated Field/A-18 Apartment and B-2 Community Business Surrounding Land Uses and Zoning Districts ` North Red Wing Park/ P-1 Preservation A,� ryOh RD South x Dam Neck Road Single-family dwellings, multi-family dwellings/R- ' 10 Residential, A-12 Apartment, AG-2 Agricultural, DAMNECKRD .. .µ and R-51) Residential ` ` Dam Neck Associates, LLC Agenda Items 3 &4 page 1 of 38 Background SummaryofProposal • The applicant seeks a change in zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed Use District in order to develop an approximately 71.2-acre site located just east of the intersection of General Booth Boulevard and Dam Neck Road into a mixed-use development that will include commercial, office, recreational, and multifamily components. A Modification of Proffers is also requested to amend proffers approved by the City Council in 2022. • In 1994, City Council approved two rezoning applications, one from A-12 Apartment District to B-2 Community Business District to allow for commercial development at the northeast corner of General Booth Boulevard and Dam Neck Road and a second request from A-12 Apartment District to A-18 Apartment District to allow for the development of up to 612 apartment units adjacent to the commercial area, resulting in a residential density of 17.98 units per acre. • A Modification of Proffers was approved by City Council on September 20, 2022, to alter the 1994 proffered site layout and building design for the 612 proposed units.The applicant now seeks to amend the 2022 proffers to make slight adjustments to the site layout, specifying that the total number of units in Phase 1, located on the eastern 17.5-acre portion of the site, shall not exceed 314 and that the remaining 298 units will be relocated to one or more contiguous properties to the west. The applicant is also proposing a slight change in the phase lines for the proposed development.The eastern portion of the site, identified as Phase I, will remain Conditional A-18 Apartment District and will be developed with a clubhouse and recreational amenities in addition to the residential units, as previously proffered. • The site is located within the 70-75 dB DNL and greater than 7S dB DNL, where residential uses are deemed incompatible with Navy flight operations per Article 18 of the Zoning Ordinance. In 2023, the City Council approved an amendment to Article 18, adding Section 1804(e), to allow for the previously authorized dwelling units to be changed in form or relocated, provided they are not moved to a higher noise zone, accident potential zone, or clear zone and that any previously authorized dwelling units affected or changed by a discretionary action be reduced by S percent. Previously authorized dwelling units are defined as residential uses currently permitted or approved prior to December 20, 2005, either as a matter of right; subject to a conditional use permit or proffer agreement; or subject to any prior city council approval. Using this definition, the 612 units approved with the 1994 rezoning would be considered previously authorized dwelling units and the provisions of Section 1804(e) would apply. • As stated previously, a portion of the residential units previously authorized for the eastern portion of the site under the 1994 rezonings will be relocated to the contiguous parcels on the western portion of the site, in accordance with Section 1804(e) of the City Zoning Ordinance. • While 612 units were originally approved for the development, the 5% reduction regulations will limit the total of residential dwellings units for the entire site to 597 units since Phase 1 (eastern portion of the site), approved in 2022, will include no more than 314 units and do not have to be reduced by 5 percent since they are not proposed to be changed or relocated with this application. However, the 298 units initially proposed for Phase 2 that are to be relocated to the western portion of the site would be subject to the 5 percent reduction. As such, Phase 2 will be limited to a maximum of 283 units. Dam Neck Associates, LLC Agenda Items 3 &4 page 2 of 38 • The western portion of the site, identified as Phase 2, will be rezoned to Conditional B-4 Mixed Use District and will include a mix of commercial, office, recreational, and multifamily uses. Although specific uses have not been identified at this time, Proffer 7 has been offered to ensure that all designated uses be compatible with the land use table outlined in Section 1804 of the Zoning Ordinance. • Per Section 904 of the Zoning Ordinance, buildings within the B-4 Mixed Use District that are located within 100 feet of an adjoining A-18 Apartment district are restricted to a maximum height of 35 feet. The applicant is requesting a deviation, as allowed by Section 107(i) of the Zoning Ordinance, to permit building heights of up to 75 feet within this 100-foot area. The buildings within the mixed-use portion of the development referred to as Phase 2 will range in height from three to five stories. As outlined in Proffer 6, the applicant is requesting a maximum height of 75 feet instead of the 35 feet maximum required within 100 feet of the A-18 Apartment District. • The architectural style of the building materials for the multifamily development on the eastern portion of the site would be in substantial conformance with the building elevations previously proffered. The proffered exterior building materials feature a neutral color scheme with a mix of high-quality fiber cement siding, stone veneer, and fiberglass shingles. The architectural style and quality of building materials used for the mixed-use development on the western portion of the site will be in substantial conformance to the architectural exhibit entitled "Mixed-Use Building Character Imagery", as proffered with the current request. Further review will take place during the final site plan review process. • The proffered Conceptual Landscape Plan depicts the required streetscape, foundation, and interior parking lot plantings. Further details of the landscape plan will be reviewed as part of the final site plan submission. • As depicted on the Conceptual Site Plan, two vehicular ingress/egress points are proposed, one along Dam Neck Road and one along Dam Neck Station Road. • Right-of-way improvements depicted on the proffered Conceptual Site Plan include installation of sidewalks along the entire length of Dam Neck Road and Dam Neck Station Road frontages, and the construction of the remaining portion of Dam Neck Station Road to provide a connection between General Booth Boulevard and Dam Neck Road. As outlined in the Traffic Impact Analysis (TIA), the construction timeline for the remaining section of Dam Neck Station Road will be established during the site plan review. Additionally, each development phase will require an updated traffic analysis, which must be reviewed and approved by the Department of Planning & Community Development, in coordination with the Department of Public Works/Traffic Engineering. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces. While 1,638 parking spaces are required for the mixed-use development, the parking study indicates that 1,419 parking spaces will be provided, yielding a 13.4% reduction (219 spaces) from the required parking. As noted on the Conceptual Site Plan, all required bicycle parking spaces shall be provided to meet requirements outlined in the City Zoning Ordinance. • As the site is located in the 70-75 dB DNL noise zone and in the greater than 75 dB DNL, the applications were considered by the Joint City-Navy Review Process (JRP) Group. Section 1804 (c) of the Zoning Dam Neck Associates, LLC Agenda Items 3 & 4 page 3 of 38 Ordinance provides regulations that apply to discretionary development applications for uses within the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. Zoning History Map Key Request No. MDP Approved 09/20/2022 CRZ (A-12 Apartment to A-18 Apartment) 1 Approved 06/14/1994 CRZ (A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business) Approved 06/14/1994 2 CUP (Car Wash Facility) Approved 10/18/2022 3 CUP (Tattoo Parlor) Approved OS/16/2017 4 CRZ (AG-2 to Conditional R-5D Residential) Approved 09/20/2016 5 CUP (Tattoo Parlor)Approved 04/19/2016 CUP (Automobile Repair Garage) Approved 6 02/16/2016 MDC Approved 02/11/2014 CUP (Gasoline Pumps) Approved 01/09/1996 7 CUP (Child Daycare) Approved 03/12/2013 MDC Approved 07/06/2010 8 MDC Approved 02/08/2005 SVR Approved 06/11/2002 CUP (Mini-warehouse) Approved 10/09/2001 9 NON Approved 06/09/2009 CUP (Small Engine Repair) Approved 10 06/09/2009 SVR Approved 01/22/2002 11 CUP (Child Care Education Center) Approved 05/23/2006 12 REZ (AG-2 and R-10 Residential to R-7.5 Residential) Approved 02/10/2004 13 CUP (Church) Approved 09/10/2002 CUP (Motor Vehicle Rentals) Approved 09/25/2001 CUP (Indoor Recreation Facility) Approved 14 02/13/1996 CUP (Church) Approved 05/11/1993 CUP (Bulk Storage Yard) Approved 10/10/1992 Dam Neck Associates, LLC Agenda Items 3 &4 page 4 of 38 Map Key Request 82 82 SAKURA LN P,SU O V No. CUP (Fuel Sales in Conjunction with a ; ;� P' 15 Convenience Store)Approved 09/25/2001 ._ CUP (Retirement Community)Approved �2 • 03/24/2001 Al ; tr b ,1 16 MDC Approved 03/24/1998 REZ (AG-2 to R-6 Residential)Approved R' 07/13/1987 CRZ (AG-2 to Conditional A-12 Apartment) AGE AGZ 17 7� 18 Approved 11/14/1995 6 AG2 A'Z R'° REZ (AG-2 to R-6 Residential)Approved AGZ A 12/16/1985 RZ , sv G . T 19 REZ (AG-2 to R-6 Residential)Approved 12/16/1985 Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON:Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR:Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • In Staffs opinion,these requests for a Conditional Rezoning to rezone approximately 53.7 acres from A-18 Apartment District & B-2 Community Business to Conditional B-4 Mixed-Use Business District and a Modification of Proffers are acceptable.These requests are in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.The Comprehensive Plan recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability of developments to maintain and enhance existing neighborhoods,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 residential areas in the Suburban Area should provide "site and building design that is visually interesting, encourages greater social interaction and provides memorable character", a "a careful mix of land uses", and compatible infill development. In Staff's view, the proposed mixed-use development aligns with these policy guidelines, as it effectively minimizes parking visibility along streetscapes, emphasizes buildings along major roadways with internal connectors, includes a BMP to the north with walking paths for residents and guests, provides internal pedestrian connections between residential and commercial areas, and offers potential pedestrian connection to Red Wing Park to the north. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the number of parking spaces minimally required. Section Dam Neck Associates, LLC Agenda Items 3 &4 page 5 of 38 203(b)(11) grants the Zoning Administrator the authority to determine the final parking ratio for a development based on the review of a parking study. Staff has determined that, based on the Zoning Ordinance and the previously approved parking reduction for Phase I, the required parking for Phase 2 of the development is 1,638 spaces. As noted on the proffered Conceptual Site Plan, 1,419 spaces are provided, resulting in a reduction of about 13.4%. In Staff's view, this percentage aligns with other parking reduction requests previously approved by the Department of Planning & Community Development. As specific tenants or uses are identified for the development, the Department of Planning & Community Development must be notified and reserves the right to assess any potential impacts on the approval. Furthermore, as stated in the parking study determination letter, any significant changes to the development plan or the allocation of space for each use category will void the current parking study approval, necessitating the submission of a new parking study for review. More detailed information can be found in the Parking Study Determination Letter found on page 27 [strikethrough] -2-6 [end strikethrough] of this report. As noted above, the applicant seeks to develop buildings up to 75 feet in height when located within 100 feet of the A-18 Apartment District. While the required height within 100 feet of the A-18 Apartment District is 35 feet, the applicant is requesting a deviation to this requirement 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." In Staff's view, the proposed building height deviation will not result in any detrimental effects to the surrounding properties or negatively impact the aesthetics of the area. The property is surrounded by a City Park to the north, a retirement community to the east with several high-rise buildings that are approximately 80 feet in height, a school to the south across Dam Neck Road, and commercially zoned property to the west. Additionally, since the A-18 portion is Phase I of the overall development, the requested deviation will allow for better integration between the two phases that will contribute to a more cohesive development. The applicant submitted a Traffic Impact Analysis (TIA), dated August 2024, revised December 2024 [strikethrough] NevembeF 2 [end strikethrough] for review. It is the opinion of Staff that the traffic generated by this mixed-use development and 314 multi-family units within Phase I will result in a total of 16,773 average daily trips.All requirements outlined in the Manual on Uniform Traffic Control Devices(MUTCD)for signalization, signing, and pavement markings must be met prior to the City's acceptance of the entrance designs. These requirements will be reviewed during the site plan review process.As indicated on the proffered Conceptual Site Plan, the centerline radius of the curve in Dam Neck Station Road shall be 200 feet, as specified by VDOT for a local urban roadway with no superelevation. Additionally, as outlined in Proffer 8, the property may be developed in multiple phases. For each phase, an updated traffic analysis will be submitted to the Department of Public Works/Traffic Engineering as part of the site plan review. All required improvements identified in the updated traffic analysis will require approval from the Department of Planning and Community Development in consultation with the Department of Public Works/Traffic Engineering. Said improvements, including the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road) and improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections, which are described in the TIA dated August 2024, shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development. Dam Neck Associates, LLC Agenda Items 3 &4 page 6 of 38 Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment will be within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the school population. A Joint City-Navy Review Process Group (1RP) meeting was held on July 30, 2024, to discuss the mixed-use development proposal. Under Section 1804(e)(2)(iii) of the Zoning Ordinance, City Council may consider applications or modifications that allow previously approved dwelling units to be changed in form or relocated on contiguous properties. In 1994, 612 units were approved for the overall development, with a 2022 modification allowing for the development of 314 units on the eastern portion of the site. As a result, 298 units remain to be developed. However, pursuant to Section 1804(e)(2)(iii), any affected or changed dwelling units are subject to a 5% reduction, thereby reducing the Phase 2 development from 298 units to 283 units. The Joint Review Process Group determined that, based on the criteria for discretionary proposals, a residential density of 5.27 units per acre (283 units) is the highest acceptable density for Phase 2, consistent with the provisions of Section 1804(e)(2)(iii) of the Zoning Ordinance. 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. The proffered Conceptual Site Plan shows a large stormwater retention pond on the northern side of the development. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for this site. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations, Staff recommends approval of these applications, subject to the proffers provided. 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 "THE FARM Conceptual Development Plan", dated June 3, 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 incorporated herein by reference. Dam Neck Associates, LLC Agenda Items 3 &4 page 7 of 38 Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group (the "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 incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property, when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance, and the proposed 283 units reflects the five percent (5%) reduction required by Section 1804(e)(2)(ii). Proffer 5 A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation),subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet (100') of the adjacent A-18 zoning lot (to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Dam Neck Associates, LLC Agenda Items 3 & 4 page 8 of 38 Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a)the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or (b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 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. 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 A portion of the Property is hereby removed from the definition of"Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 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 incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance" Dam Neck Associates, LLC Agenda Items 3 & 4 page 9 of 38 Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. 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. Proffers (MD ' from 2022) 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 Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, 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." Proffer 2 Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. Proffer 3 Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet (75'), in lieu of the thirty-five feet (35') otherwise required under Section 604(a) of the Zoning Ordinance" Dam Neck Associates, LLC Agenda Items 3 &4 page 10 of 38 Proffer 4 Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." Proffer 5 Proffer Number 13 is hereby added to the Original Proffers, and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as 'Phase 2' on the Concept Plan." Proffer 6 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Approved Proffers of 1994 Rezoning The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virglinia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular, pedestrian and bike access, circulation, parking, landscaping, best management practices, as landscape features, and recreational amenities to better foster a sense of community. Proffer 2 Vehicular Ingress and Egress shall be limited to two (2) entrances from Dam Neck Station Road and one (1) existing entrance from Dam Neck Road. Proffer 3 A Community Building, including rental and maintenance offices, a recreational swimming pool serving the residents and child play areas (tot lots) shall be constructed in the areas depicted on the Conceptual Site Plan. Dam Neck Associates, LLC Agenda Items 3 &4 page 11 of 38 Proffer 4 A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed around the perimeter of the lake, with the path being connected to the jogging/bike path along Dam Neck Road. Proffer 5 A multi-purpose path and foot bridge shall be constructed across the natural area to Redwing Park as depicted on the Conceptual Site Plan, if all necessary permits are approved. Proffer 6 Sidewalks shall be constructed along the internal collector streets and shall connect with those along Dam Neck Station Road and Dam Neck Road. Proffer 7 All landscaping along Dam Neck Station Road and Dam Neck Road as depicted on the Conceptual site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. Proffer 8 Gateway treatments shall be constructed at one entrance from Dam Neck Station Road and entrance from Dam Neck Road, with monument style signage externally illuminated from ground level. Proffer 9 Two (2) multi-purpose green spaces shall be located adjacent to the Community Building as depicted on the Conceptual Site Plan and all areas designated as floodway or non-tidal wetlands shall be preserved for passive recreational uses. Proffer 10 The buildings shall be a mix of two (2) story, three (3) story and combination two (2) and three (3) story elements. Those buildings located adjacent to Dam Neck Road and Dam Neck Station Road shall contain a combination of two (2) and three (3) story elements, with the two (2) story elements located at the ends of the buildings. Proffer 11 Exterior surfaces of all buildings shall be in an earth tone color. On those structures located along Dam Neck Road and Dam Neck Station Road, no more than thirty percent (30%) of the exterior building material (excluding roofing) may be vinyl. Proffer 12 The total number of living units permitted to be constructed on the Property shall not exceed six hundred and twelve (612). Dam Neck Associates, LLC Agenda Items 3 & 4 page 12 of 38 Comprehensive Plan Information The project falls within the Suburban Area, as designated by the Comprehensive Plan.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks residential uses to maintain and create neighborhood stability by developing cohesively arranged structures and streetscapes (p. 1-60). Based on the Comprehensive Plan Policy Document it states that residential areas in the Suburban Area should provide "site and building design that is visually interesting, encourages greater social interaction and provides memorable character", a "a careful mix of land uses", and compatible infill development (p. 1-61). Based on the Reference Handbook,this project does well in keeping the parking away from streetscapes with highlighting more buildings on major roadways and the internal connectors (p. B-6).The project also is utilizing the BMP on the north edge of the site as an amenity by adding walking paths which is aligned with the guidelines identified in the Handbook(p. B-7). In addition, the proposed internal pedestrian connections between residential and commercial areas, aide in decreasing the need for auto use within the site (p. B-6). ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters.The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed in detail below. The property abuts Redwing Lake and Red Wing Park to the north and is impacted by wetlands and floodplains. Pedestrian pathways are proposed to connect the development to Red Wing Park. All apartments and buildings are proposed outside of the Southern Watersheds buffer and floodplain areas. There are no known cultural resources on this site. Traffic Impacts/Transportation T�aft Counts Present Present Street Name Generated Traffic Volume Capacity Dam Neck Road 31,400 ADTI 39,700 ADT I Existing Land Use—0 ADT(based on vacant site) (LOS 4 "D") Existing Zoning 2—33,660 ADT General Booth 50,900 ADT' 49,300 ADT 1 Proposed Land Use—2,088 ADT(314 multi-family Boulevard 4„ units—Phase 1) (LOS D ) Proposed Land Use 3-16,773 ADT I Average Daily Trips 2As defined by a 612 3As defined by 597 Office Space- Phase I multi-family units and multi-family units, & Phase Il 53.7-acre zoned B-2 187,800 SF retail 4LOS= Level of space, & 180,000 SF Service Dam Neck Associates, LLC Agenda Items 3 &4 page 13 of 38 Master Transportation Plan(MTP)and Capital improvement Program(CIP) General Booth Boulevard, in the vicinity of this application, is considered a six-lane major suburban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way. Dam Neck Road, in the vicinity of the site, is a four-lane divided major suburban arterial. There is a fully funded CIP project scheduled for the General Booth Boulevard/Dam Neck Road intersection. This intersection improvement project will modify existing turn lane configurations to provide an additional left turn lane to southbound General Booth Blvd, and the existing channelizing island will be removed and an existing through lane will be converted to a second right turn lane to westbound Dam Neck Rd. Project improvements also include signal modifications, removing the existing channelizing right turn island, and extending the pedestrian crosswalk. This CIP project is scheduled to be in construction from August 2027 to August 2029. The proposed alignment of Dam Neck Station Road, which is shown on the MTP as a four-lane minor arterial roadway, runs through the proposed development site and this roadway was intended to act as a quadrant roadway, that would reduce traffic at the General Booth Boulevard/Dam Neck Road intersection. Over the years, the City has waited for this roadway to be built with the development of this site, but as of 2022, no plans had been approved for the development of the site. At this point the City developed a VDOT grant proposal for an intersection improvement project to add capacity to the Dam Neck Road/General Booth Boulevard intersection and funding was awarded to the City for design and construction in 2023. The improvement of the intersection will eliminate the City's need for the use of Dam Neck Station Road, and thus the Dam Neck Station Road project will be removed from the Master Transportation Plan with the 2025 update to the Comprehensive Plan. The road that is proposed to be built with this development on the Dam Neck Station Road alignment will therefore only need to serve the proposed uses that are either by-right or as approved in this Condition Rezoning application request. Traffic Engineering has reviewed the Traffic Impact Study (TIS), which was resubmitted to the City on December 8th, for The Farm proposed development and we have conditionally approved the findings of the TIS. We will be providing separate comments to the Consultant to address for final approval, but these comments will not have a significant impact on the results of the study. A summary of the improvements proposed with the full buildout of the site included with the TIS is included on page 31 of this report. There are no improvements recommended for Phase 12027 (314 apartments) of the development, except for the construction of the emergency access point on the north side of the Dam Neck Road/Upton Drive intersection. Phase 1 can be served via the existing full movement access point on Dam Neck Road to the east of Upton Drive. With the full buildout of the Farm development and the construction of all of the required roadway improvements as detailed on page 31, the Dam Neck Station Road signalized intersections at General Booth Boulevard and Dam Neck Road/Upton Drive will operate at acceptable levels of service. The General Booth Boulevard/Dam Neck Road signalized intersection, which will be improved with a City roadway improvement project beginning in 2027, will continue to operate at a Level of Service "D" in the AM peak hour and a Level of Service "E" in the PM peak hour. The TIS shows that the Farm generated traffic in this intersection will result in a 10 second increase in delay per vehicle in the PM peak hour. While that is a significant increase in delay, it is Dam Neck Associates, LLC Agenda Items 3 & 4 page 14 of 38 important to note that the by-right development of this site could result in even more traffic at this intersection. Active Transportation Plan The Active Transportation Plan recommends constructing a shared-use path along both sides of Dam Neck Station Road for improved interconnectivity, as well as upgrading the sidewalk on Dam Neck Road to a shared- use path. While the 2021 Active Transportation Plan proposes a side path along Dam Neck Road as the preferred bike-pedestrian facility, a shared-use path is preferred for this development due to its proximity to residential neighborhoods, Dam Neck Annex, commercial development, Ocean Lakes Elementary School, and Kiddie Academy. ImpactsPublic Utility Water There is an existing eight-inch City water main along Dam Neck Station Road and a 12-inch City water main along Dam Neck Road.The site must connect to City water. Residential and commercial uses must be metered separately. Sewer There is an existing eight-inch City sanitary sewer gravity main along Dam Neck Station Road and an existing 16-inch City sanitary sewer gravity main/study at the intersection of Dam Neck Road and Upton Drive. This site must connect to city sanitary sewer. Extension of public gravity sanitary sewer from Upton Drive and connection to the existing public sanitary sewer in Dam Neck Station Road will be required with this development, as was planned, and bonded to permit the 1987 subdivision and associated agreement. If the project will be constructed in phases, the extension of public sanitary sewer can be installed to the limits of the road extension for Phase I with full extension and connection to the existing upstream public sanitary sewer in Phase 11. After connecting the upstream public sanitary sewer, the existing temporary private pump station must also be abandoned. ImpactsSchool School Current Enrollment Capacity Generation 1 Change Z Ocean Lakes Elementary 553 students 615 students 68 students 68 students Corporate Landing Middle 1,035 students 1,082 students 26 students 26 students Ocean Lakes High 1,791 students 2,248 students 31 students 31 students "Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a mixed-use development on vacant land at the corner of Dam Neck Road and General Booth Boulevard. The eastern portion of the site (Phase 1) will include a multi-family Dam Neck Associates, LLC Agenda Items 3 &4 page 15 of 38 community with clubhouse and recreational amenities. The western portion of the site (Phase 2) will include commercial, office, recreational, and residential uses. Stormwater runoff from the site currently drains to the existing creek on the north and east sides of the property. Stormwater runoff from the Phase I improvements will be collected into an underground detention stormwater management facility and wet pond that will treat for both water quality and water quantity before discharging offsite into an existing drainage ditch. The wet pond will be enlarged to accommodate the stormwater runoff from the Phase II development. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis, 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: 71.2 acres (Phase I = 17.5 acres, Phase II = 53.7 acres) Pre-Development impervious area: Phase 1 = 0 acres, Phase II = 2.2 acres Post-Development impervious area: Phase 1 = 8.7 acres, Phase II = 25.2 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Pond and Underground Detention Description of outfall: Stormwater runoff from the site that enters into the wet pond and underground detention facility will discharge directly into an existing large drainage ditch that runs along the northern and eastern boundary of the property. Downstream conveyance path: This site is part of the Dam Neck Drainage Basin. Drainage from this site drains into Redwing Lake, through Ashville Bridge Creek, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Outreach Information Planning Commission • The applicant and the applicant's representative met with the Atlantic Shores Retirement Community on August 28, 2024, to discuss the details of the request and to answer questions. According to the applicant, no major objections were raised in regard to the proposed development. The applicant also met with Wellington at Dam Neck Condominium Association on November 13, 2024, to discuss the details of the proposal. Six individuals were in attendance with no major objections raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 11, 2024. Dam Neck Associates, LLC Agenda Items 3 &4 page 16 of 38 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 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 December 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. • 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 January 6, 2025. • 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 January 17, 2025. .o Dam Neck Associates, LLC Agenda Items 3 &4 page 17 of 38 <`k • F)�00I L1: C^- KEY • 531-f-AC A-'E!&2EOZONING E1 CONDT10NAL ' + "FMILYU"TS M E O COMMERCIAL lRETAIRCLAV RETAr- 197.MSF./ oMdFDAM IJWSF+-G PROVIDED 1,A19 C� OFFICE ^aF+c AMENITY vK-5fU•ak-wcxcwtcaowee:rcc•k� f,o DAM NECK STATION PD.;"LIC R.O.W.) .AiC.xaRc��DI&.1'%YA�A41C'I[1nff,�.. ~` t w.N[CdfAd u.c:�sw THcnAN3cdx�v-tu .._r-,. OWALKINGTRNLS W Tt[WS'E5M11[J4VT..[AC!SM1M�'I � _. • -E.I cJ'CMf 'Z-'Ne WIGIEeCNAJs ��`. 'N:•ONwlM11G•fAGrLIMG[.A10 � �..._ �(, ®$TONMVUTER MANAGEMENT mu Kanaa:.xvnw,vwi xefrnrrafrcmw ,,,�,,, ., NCOX d' ' • ,- ^` w �.,: a.., O SURFACE PARKING a ♦ �,. ., ... v�q' w( r S: o GATEWAYSIGNAG'_ p 1 ti / \- Q ♦_ 0' • AVr ' ., � �, ,..J..i•J..el�.:��,..a_.A.-ate "' •`T �! s F i A r- w x v , ao D ' � D ° THE FARM _ �, .•'`;�'•• - - �- °' Conceptual Development Plan-June 3,2024 9 �` TIMMONS GROUP Z (D V kt�wG b[3�4M ITSLNNOtOCv ° W N h LQ /ram t) k S � VA BEACH LANDSCAPE REOUKMENTS CONCEPT PLANT SCHEDULE WNW.LOT INTEMOR CALNIATCNS �` R 3JffP(AA7E0 AREA PER PARKWG&ACL RCO:RRED `,,■VOE TRQ6 • -PARING LOT IM'_RRN CDARAG-RF OU RED.ST 5�TC S- ! v -ia.e 130$F R 13`9 BARRING SPACES -PARING LOT WiRIOR CC%fRAG_?�N:ED E`<SS SF SALE.iiNHfN£.iFE6 PAR<ING LOTIN"ERIOR iRFE WAN^.tt R_QUR;I I'I'EFE N2,5745F COVERAGE REQ.'iJ SF'UN-ED AREA PARKING LOT IN'ERIDR ME QUAW, PSAVIOED 28'Tv=F, k,�S�N4�_..Y L �A f�.Y .Y �OlN�T048 R041/Uf 9Y 4i R /f ' ( f .n .i r. mow., ., • If r r 1 I a _ Qy T 5 s q= �^7 srav � A o r P. x �S f zCL ,+w o THE FARM _N 0 (D D n TIMMONS GROUP Conceptual Landscape Plan June 3.2024 \.: 0 w `^ h 00 n • SITE DATA SUGGESTED PLANT SPECIES Y"RA KAM LOWAK NOMMOM .vnaww�•wtt WOW 13T WFPYIR CkCULATKAS WE DATA - M V P[ANTFD Ai EA PER WOOK S'ACE RECURE4 r r ,TA Mi. 175- AC Oax1RM10f wrIMW J atKu.w o•9wAw rARK,VG lC R EAD9CPFe A FDEC M t_SE9_ff ERTIVG z,NNG 0.16 n cU1MY'.K11xKl�Ir.JEV rap SF X 1137 PARKI4G SPACESRAG • -JTA,UV'S 314 s]PtPL`I!4p!RS�AELS .PARKNG LC-NTER49 C45rWE PR[MDE>.31,5W SE �._... / r1•uRnt r[>A,w-Iw�oll TAIF rs F4MC,SIIxxAR. ANa PVnroIN.ArxEtw PARRACRL4J'R-) JT• upA0.VW 51YlA�PrJ+-1MtMl1 'PWIXIVCK4-'TIEM09 TRH:C1AH11iT R[UUIKEO'llp PARKAC PROVM 552.r. 'gR0.fp+nPDPbRX.[M• 45,1105E COVERAGE AEQ/1505�PLANTED ARW v • +9xra9•rinwr.utlxr.aua lriRIOVG LC`IP:7ER4A TREi CLANifIY'RON7�7_0 �"" [J1CG'YFRAGE5Lmm,,v 0 INcswun u949Cur N4T LCTCJrlW,`AICASED 5:5. "RA1x[NCA4Ri449i`�1C L:!T fir,rL N WIDT O snlSat 01fM rM nt „ P nm•M oru �dw ., � �(j • o aln sAwrou..cw3uasr� r'� �` •V 9 F j � J I J` "A 4�7'r1 z 'J o (7Q n ,r5'f•._ f • w� A�� A r• 9 X,'�"° _ �'E'�' &'l"-Ul a) L^ n. THE FARM .`• . rD un CONCEPTUAL SITE PLAN-June 3,2024 i TIMMONS GROUP o W W � r- 00 P n O O fD Q. 11 11 �. 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P■ 11 (/1 � uln nw muu nnou Iran aul.l Il- �!�1■ .. .. fill .. rn 1 l■ 111 ]I.1._In�. ■■ ■■ Y ■ ■■.: I ■■ ILL ■■ • .,11 ���� . ■u 11 rq� n unu ulu uuu "_�,• , ,...all � .. .'.!n4 .. ..�a1�� �� - Inn ■ III ■ iu u � � - uuu BUILDING B-2 CONCEPTUAL PARKING LOT SIDE ELEVATION JMlluu bj !' n■ • u ■■ °tj jLtl • • LLJ BUILDING 8-2 CONCEPTUAL PKG LOT ELEVATION BUILDING B-2 CONCEPTUAL TYP.END ELEVATION BUILDING B-2 CONCEPTUAL ENTRY ROAD ELEVATION r p — iiii: ■ u ■ ■ ■ u n ■ r ■■il■ su.ull�n■r ■■ iiili ■ur■1 ■1--' C C'rr. uC1■�■I�.i CII„- 1'■1■tC�:CiI■u61u�u -- ;: :i. 1■1■'iulu �..�� L'IJ � 1:1. il:I � � L.: d IL'L' �� IIII IIII IIII 1! ■■■ IIII ""a 11 ■■■ Iwo IHI �.� n Illllli 111 IIII ■ Lu 1 , It31 11_ ill �1 !11 ilii 1;9 111}ll 111 IIII Ili 1 '�" "''� .,�d• 0—-0 >Z BULDING C-2 CONCEPTUAL TYPICAL ELEVATION BUILDING C-2 CONCEPTUAL TYPICAL END ELEVATION < • .. • •. 0 Developable Acre Exh • d - 0 ., � y Al i no,no ,Ib i' ; Z�� f ti aL I, • V TV tl ` / 1 ^^ an 1 - lz ,• / ���iL_1—L"'D I ICJ \ I I � ( III � .....� � ((�� _ d1'• q� �\ it a •I � � d LZ US00 � ~~ uj F"" U Dam Neck Associates, LLC Agenda Items 3 &4 page 22 of 38 D. m Neck Character Imagery (For IllustrationPurposes Only) cc �. 4 w Wt cc � J cc cc U Y U Z � N W � N Ca cc V O vM y y " m cc it p /� ..u..► a W y # c N w P •� Dam Neck Associates, LLC Agenda Items 3 &4 page 23 of 38 Gateway South Entry Signage Gateway Entry Secondary Signage r• ��,.,,i'i I ., y� nn 3�.�A.•. QTWhmNift ko S¢aJy►'.+N WW���TTT CoOITSAIM,r � 0 fl) 3 D z Maytanapirationonly-subject tochange Prepared by Dam Neck Associates,LLC 0o ro A : D 70 Q v � � 0 r�D N E� ,al.t A N (D O W Y' Wgo r 00 A (7 fD Gateway Signage Concept ----Retail Signage Placement fD �_� ,.� --- - -- _ CommunRyMoaumetrtSrgnage �' • M AAA ,. Ln ;. •'r Materials to be aligned with architectural vernac- 3' ular of the overal develop merit.Materials selections shouId take cues from building accents and nat- .,„n w uralmaterials used within landscape .eu ter;. a� as .r w�enw,; r i. 1' D Z May 29,2024 Prepared by Dam Neck Associates,LLC •lmages for Inspiration ordy-subject tochange � D a� N O (D r' N � � O W h W � � 00 P C 1 ixed Use Builicing cc �1 i u M bA W 3 m CL N� �C o Y N m � E W r Dam Neck Associates, LLC Agenda Items 3 &4 page 26 of 38 Parking StudyDetermination CITY OF PLANNING&COMMUNITY DEVELOPMENT VI RG I N I A ZONING DIVISION plannina.vireiniabeach.aov BEACH 2875 Sabre Street Suite k500 Virginia Beach,VA 23452-7365 November 14, 2024 Robert P. Beaman III, Esq. Troutman pepper 222 Central Park Avenue, Suite 2000 Virginia Beach,VA 23462 Re: Parking Determination—The Farm at Dam Neck and General Booth, Phase 2 Mr. Beaman, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed development located at the intersection of Dam Neck Road and General Booth Boulevard, known as"The Farm." Section 203(b)(11)of the City Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio for a development upon review of a parking study. I have reviewed"The Farm Shared Parking Analysis," prepared by Timmons Group, dated November 3, 2024, and have approved the parking reduction as specified in the study. The submitted shared parking analysis is approved to allow for a total of 1,419 parking spaces for Phase 2 of the proposed development. The approval for Phase 2 is based on the development of 283 multi-family dwelling units, 187,000 square feet of commercial space, and 180,000 square feet of office space. The considerations used in my approval of the parking reduction are listed below. • A parking study was approved by the former Zoning Administrator, Hannah Sabo,for phase 1 of the development on July 15, 2022. The approved parking reduction was for 918 parking spaces to accommodate 612 dwelling units: a ratio of 1.5 spaces per unit. Since the approved parking reduction, the proposed development has been modified. Phase 1 of the development currently proposes 314 dwelling units; however, the parking ratio of 1.5 spaces per unit remains in effect. • Staff has determined that the parking required for Phase 2 of the development according to the Zoning Ordinance and prior approved parking reduction is 1,638 spaces Details of this determination are outlined below. 757-385-8548(KPKemp@vbgov.com plan nina.vir¢iniabeach.aov Dam Neck Associates, LLC Agenda Items 3 & 4 page 27 of 38 Parking StudyDetermination o 344 parking spaces required for 283 multi-family dwelling units.The approved ratio in the previously approved parking study is 1.5 spaces per unit. There are 597 total dwelling units proposed,which would require 896 spaces. 552 spaces are included in Phase 1.The remaining spaces,344,are required for Phase 2. o 748 parking spaces for 187,000 square feet of commercial space.The parking ratio for a shopping center is one space for every 250 feet of floor area. The commercial element of the development meets the definition of a shopping center in Section 111 of the Zoning Ordinance. o 546 parking spaces for 180,000 square feet of office space.The parking ratio for office space is one space for every 330 square feet of floor area. • The parking study proposed 1,419 parking spaces for Phase 2 of the development. Based on the requirements of the Zoning Ordinance and prior approved parking studies,this is a 13.4 percent reduction from the required parking.This percentage is consistent with other parking reduction requests that have been approved by the Planning Department. For the purposes of calculating the required parking in the Zoning Ordinance, restaurants and retail establishments(shopping center)both have a parking ratio of one space per 250 square feet. It is understood that restaurants may produce a higher parking demand than a typical retail establishment,as evidenced by a parking ratio of one space per 100 square feet for a stand-alone restaurant.As such,for the purposes of evaluating the parking demand based on the ITE Parking Generation Manual,5'h Edition,this parking study separates restaurant use from retail use.As the restaurant use is a more intense parking demand,the size allocation for restaurants is intended to be the maximum that would be permitted in the development.The applicant notes that this is a conservative figure, and the actual square footage will likely be less. Details are shown below. o Total allotted commercial space is 187,000 square feet. o Total allotted retail space is 127,000 square feet. o Total allotted restaurant space is 60,000 square feet. • Review of the ITE Parking Demand tables(Tables 2 and 3 in the parking study) indicate that the reduced parking will be sufficient to accommodate the proposed uses. Details are shown below. 2875 Sabre Street,Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 &4 page 28 of 38 Parking Study • c Table 2: Weekday ITE Parking Demand(*additional information provided by the Zoning Administrator) Use Size Spaces Residential total 597 units 783 spaces *Residential- Phase 2 only) *283 units *371 spaces Office 180,000 square feet 431 spaces Restaurant 60,000 square feet 539 spaces Retail 1 127,000 square feet 250 spaces Total 2,003 spaces ■ The residential parking demand above is calculated at 1.31 spaces per unit. Phase 1 of the development, which was previously approved, proposes 314 units. The remaining 283 units in Phase 2, when parked at a 1.31 ratio, has a demand of 371 spaces. ■ Therefore, the total parking demand when considering only Phase 2 of the development is 1,591 spaces. ■ 1,419 spaces are proposed with Phase 2 of this development. Therefore,the overall reduction from the ITE generated parking demand for a weekday is 172 spaces, or 10.8 percent. o Table 3: Weekend ITE Parking Demand (*additional information provided by the Zoning Administrator) Use Size Spaces Residential 597 units 729 spaces *Residential- Phase 2 only) *283 units .346 spaces Office 180,000 square feet 51 spaces Restaurant 60,000 square feet 692 spaces Retail 1 127,000 square feet 372 spaces Total 1,844 spaces • The residential parking demand above is calculated at 1.22 spaces per unit. Phase 1 of the development,which was previously approved, proposes 314 units. The remaining 283 units in Phase 2,when parked at a 1.22 ratio, has a demand of 346 spaces. • The total parking demand when considering only Phase 2 of the development is 1,461 spaces. • 1,419 spaces are proposed with Phase 2 of this development. Therefore, the overall reduction from the ITE generated parking demand for a weekend is 42 spaces, or 2.9 percent. 2875 Sabre Street, Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 & 4 page 29 of 38 StudyParking • • The ITE parking demands calculated in the tables above are based on the premise that each land use is operating independent of the others.Additionally, the overall demand assumes that each of the uses peak times occur concurrently. It is understood that the peak parking demands for specific uses will occur at different times/days throughout the week and weekend. Therefore, the actual parking demand at any one time will be less than the number of spaces shown above. By incorporating shared parking between the uses, the parking available after this reduction will accommodate the demand at any one time. The submitted parking shared parking analysis has been approved based on the identified areas dedicated to residential, retail, restaurant, and office uses.As specific uses/tenants are identified for the development,the Planning Department must be notified and reserves the ability to review any impact they may have on this approval. Specifically, if the area of restaurant use exceeds 60,000 square feet, a new parking study must be submitted to the Zoning Administrator for review. Based on the information provided in the submitted shared parking analysis, Phase 2 of The Farm development is approved for a parking reduction to 1,419 spaces to accommodate the multi-family, commercial, and office uses. Any significant changes to the development plan or areas of each use category specified in the study will void this approval, in which case a new parking study must be submitted for review. If I can be of further assistance., please contact me at(757)385-8548 or by email at kpkemp@vbgov.com. Sincerely, Kevin Kemp Zoning Administrator, City of Virginia Beach Cc: Marchelle Coleman, Planning Evaluation Coordinator Victoria Eisenberg, Deputy City Attorney Carrie Bookholt, Deputy Planning Director 2875 Sabre Street, Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 & 4 page 30 of 38 Summary ofImprovementsProposed with FullBuildoutof The TIS for The Farm development includes the following proposed improvements at full buildout of the site,which will all be designed and installed by the developer: • General Booth Boulevard and Darn Neck Station Road o Install a conventional traffic signal o Protected only north and southbound left turns o Single northbound left-turn lane o Dual southbound left-turn lanes o Pedestrian accommodations (crosswalks and countdown heads) o With the improvements,the existing southbound merge lane on General Booth Boulevard will need to be removed. The outer through lane currently merges from approximately 350 feet north of Dam Neck Station Road and ends at the intersection with Dam Neck Station Road. • Dam Neck Station Road and West Hardee's Entrance o Close the existing median break to restrict the minor approaches to right-in/right-out operation. • Dam Neck Road and Upton Drive/Dam Neck Station Road Extended o Remove the gated entrance on Dam Neck Station Road and construct the southbound approach with one dedicated southbound left-turn lane,one dedicated through lane and one dedicated right-turn lane. o Restripe the northbound right only lane to a shared thru-right lane o Program the minor street approaches to operate under split phasing to reflect the additional intersection approach and optimize traffic timing splits to dedicate the maximum amount of green time available to the major street approaches while also providing adequate green time to both minor street approaches to ensure all movements operate effectively. o Modify the existing traffic signal to accommodate the improvements and upgrade the signal to include an eastbound right turn overlap,video detection, emergency pre- emption,and pedestrian improvements. • Construct the extension of Dam Neck Station Road as a five-lane section consisting of two ingress(northbound)and three egress (southbound) lanes between Dam Neck Road and the first access point(north of Buildings A and D on the conceptual plan). • Construct the extension of Dam Neck Station Road between the Phase 1 internal connection and the eastern Hardee's Entrance (approximately 1,400 feet)with the following: o A two-lane section consisting of one travel lane in each direction o Left turn lanes at major intersections o On-street parking on one or both sides o Sidewalks on both sides of the street o Pedestrian crosswalks at all intersections Dam Neck Associates, LLC Agenda Items 3 & 4 page 31 of 38 Site • • s a Dam Neck Associates, LLC Agenda Items 3 &4 page 32 of 38 Site Photos KVR E r �eaiw' s °s s 7 t a' v. . wa re,a e t t -..' t Dam Neck Associates, LLC Agenda Items 3 &4 page 33 of 38 Disclosure Disclosure Statement CVVafV.W.B—A 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 DAM NECK ASSOCIATES,LLC Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Robert P.Beaman,III,Esq.-Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Members:Red Wing Associates,LLC;BA-GB,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) McLeskey,Gold Key PHR,Franklin Johnston Group Management&Development,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(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 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 PV 1 I P a g e Dam Neck Associates, LLC Agenda Items 3 &4 page 34 of 38 Disclosure 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 M No • If yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,Identify the financial institutions providing the service. 2. Does the applicant have areal estate broker/agent/reakor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Divaris Real Estate•Gerald Divaris,CEO(for commercial leasing) 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman LLP,Patrick Shuler,CPA; FORVIS 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the firm and individual providing the service. EDSA(Kona Gray&Craig Stoner),Cox Kliewer(Herb Shartle&Lawrence"Duff'Kliewer) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes n No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Dam Neck Associates, LLC Agenda Items 3 &4 page 35 of 38 Disclosure Disclosure Statement X ID c'ira orssyi:ao Bmdi Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Timmons Group—Mark Richardson,Principal&John Zaszewski,Group Leader 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the firm and individual providing the service. Robert P.Beaman,III,Esq.-Troutman Pepper Hamilton Sanders LLP App l ica nt.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. DAM NECK ASSOCIATES,LLC,a Virginia limited liability company BY: Appli Stcan Sttan jgttdfur. � t Robert M.Howard,Authorized Signatory of Red Wing Associates,LLC,Member of Dam Neck Associates,LLC Print Name and Title 5-31-24 Date Is the applicant also the owner of the subject property? *Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the application� 9 No changes as of 12/31/2024 ��- °r"`""�" M rchelle L. Coleman Revised 11.09.1020 3 P a g e Dam Neck Associates, LLC Agenda Items 3 &4 page 36 of 38 Disclosure Addendum to Disclosure Statement Dam Neck Associates, LLC Members: BA-GB,LLC Red Wing Associates,LLC Officers: There are no officers in Dam Neck Associates,LLC. Dam Neck Associates,LLC is member-managed. Red Wing Associates,LLC is authorized to sign on behalf of Dam Neck Associates,LLC as a member-manager. Red Wing Associates, LLC Members: TFJG Red Wing,LLC Bruce L.Thompson Ruffin Dam Neck,LLC Hospitality Investment Associates—Dam Neck,LLC Officers: There are no officers in Red Wing Associates,LLC. The manager of Red Wing Associates,LLC is Professional Hospitality Resources,Inc. This is provided in the operating agreement for Red Wing Associates,LLC. Professional Hospitality Resources,Inc.,is a non- member manager. Bob Howard,as Chief Investment Officer of Professional Hospitality Resources,Inc., signs on behalf of Professional Hospitality Resources,Inc. Dam Neck Associates, LLC Agenda Items 3 & 4 page 37 of 38 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. Dam Neck Associates, LLC Agenda Items 3 &4 page 38 of 38 DAM NECK ASSOCIATES,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 31"day of May,2024,by and between DAM NECK ASSOCIATES,LLC a Virginia limited liability company("Grantor",to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee",to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those certain parcels located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 2415-75-7941-0000 (portion), 2415-65-3990-0000, 2415-66- 5412-0000, and 2415-66-2427-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS,Grantor has 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 A-18 and B-2 to Conditional B-4;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,Grantor acknowledges 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 are not generally applicable to land similarly zoned B-4 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has 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 B-4 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,such conditions shall continue in full force GPIN Nos.2415-75-7941-0000(portion);2415-65-3990-0000;2415-66-5412-0000;2415-66-2427-0000 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 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 Grantor, 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") shah constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, 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"THE FARM Conceptual Development Plan",dated June 3,2024,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 incorporated herein by reference. 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled"THE FARM Conceptual Landscape Plan", dated June 3,2024,and prepared by Timmons Group(the"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 incorporated herein by reference. 3. The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates,LLC,entitled"Mixed-Use Building Character Imagery",and dated May 29,2024(the"Conceptual Elevation"),a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. 4. The number of dwelling units developed on the Property,when developed,shall not exceed a total of two hundred eighty-three(283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance,and the proposed 283 units reflects the five percent(5%)reduction required by Section 1804(ex2)(ii). 5. A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for 2 trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas,together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. 6. Buildings on the Property that are located within one hundred feet(100')of the adjacent A-18 zoning lot(to the east of the Property)will be permitted to be up to seventy-five feet(75')in height, in lieu of the thirty-five feet(35')otherwise permitted under Section 904(b)of the Zoning Ordinance. 7. Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the>75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either(a)as of the date of this Agreement,or(b)by subsequent amendment to Section 1804,shall be permitted on the Property. 8. The Property may be developed in one or more phase(s). During the site plan review for each phase of development,an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (as determined by the Planning Department in consultation with the Traffic Engineering Department based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a) the remainder of the proposed Dam Neck Station Road extension(connecting General Booth Boulevard to Dam Neck Road),substantially as shown on the Concept Plan,and/or(b)improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024(the"Traffic Study"). 9. 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 Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: eRobert � Co Nam : ard Title: Authorized Signatory of Red Wing,Associates LLC,Member of Dam Neck Associates LLC STATE/COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3l"day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates, LLC, a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 3 1'day of May,2024. C .! U Notary Public (SEAL) My Commission Expires: 8-31-2026 TKEELLYA.'NORDHUES Registration Number: 7507965 Y PUBLIC ION#7507965 r LTH OF VIRGINIA -EXPIRES 08/31/2026 �y=-•_ 4 EXHIBIT A Legal Description Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as all or a portion of Parcel(s) 9, 11, 12 and 13 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #200408170129717, said area being more particularly described as follows: Commencing at the northwest corner of Parcel 2 as shown on the aforementioned plat, at the southeast intersection of General Booth Boulevard and Dam Neck Station Road, thence with the southerly line of said Dam Neck Station Road S67022'35"E, a distance of 230.71'to a point, said point marking the true point and place of BEGINNING, thence from said point of BEGINNING, in a northeasterly direction crossing said Dam Neck Station Road N22° 37' 13"E, a distance of 80.00'to a point marking the southeast corner of parcel 1 and the western line of Parcel 12,thence with the eastern line of said Parcel 1 N220 41' 12"E,a distance of 328.461,thence turning and with the northerly line(s)of Parcel(s) 12, 13, 9 and 11 the following ten(10)courses: 1)N820 50' 16"E, a distance of 73.35',2)S88°59'44"E,a distance of 132.30',3)S88°49'44"E,a distance of 252.301 , 4) S83° 14' 44"E, passing a point marking the northeast corner of parcel 12, and the northwest comer of Parcel 13 at 1.37, for a total distance of 134.001, 5) N880 40' 16"E, passing a point marking the northeast corner of Parcel 13 at 7.57',passing a point marking the northeast corner of Parcel 9 an additional 402.86' for a total distance of 491.90', 6) N880 45' 16"E, a distance of 308.30', 7) S750 19'44"E, a distance of 179.30', 8) S660 59' 44"E, a distance of 282.20', 9) SW 59' 44"E, a distance of 298.90', 10) S800 24' 44"E, a distance of 248.80' to a point, said point marking the northeast corner of the property herein described,thence turning and with the eastern line(s)of Parcel 11 the following two(02)courses: 1)S 100 36'44"E,a distance of 581.80',2)S080 I F 06"W, a distance of 462.04' to a point on the northerly right-of-way line of Dam Neck Road, thence turning westward following said northern line of Dam Neck Road N88° 52' 19"W, a distance of 83.00'to a point, said point marking the southeast corner of exception,thence turning and departing said Dam Neck Road and with the eastern line(s) of said exception the following fifty four (54) courses: 1) N01022'19"W, a distance of 38.00', 2) N06°52'19"W, a distance of 129.00', 3) N69°26'50"W, a distance of 20.841, 4) S78007158"W, a distance of 30.58', 5) N00039'58"W, a distance of 8.36', 6) N82035'02"E, a distance of 20.30', 7) N62003'04"E, a distance of 29.811, 8) N06112513811W, a distance of 100.001, 9)N09055'38"W, a distance of 15.811 , 10)N0801922"E, a distance of 32.48', 11)N36040'38"W, a distance of 21.381, 12)N79042'53"W, a distance of 35.001, 13)N12°17'07"E,a distance of 88.94', 14)N86026'06"E,a distance of 32.181 , 15)N01-1 F06"E,a distance of 165.001, 16)NI 7003'54"W,a distance of 37.92', 17)N41°03'54"W, a distance of 40.79', 18) N49°18'54"W, a distance of 110.001, 19) N48003'54"W, a distance of 145.00', 20) N70003'54"W, a distance of 10.00' 21) S89°56'06"W, a distance of 17.501, 22) S87°41'06"W, a distance of 17.501, 23) S63°26'06"W, a distance of 51.34', 24) S59059'47"W, a distance of 97.73',25)N85006'40"W,a distance of 69.26', 26)N48048151"W,a distance of 55.37' 27)N05°56'49"E, a distance of 58.10',28)N0702925"W,passing the approximate AICUZ line at 20.11', for a total distance of 72.74', 29)N08022'37"W, a distance of 42.00, 30)N87040'23"W, a distance of 5.18', 31) S43007'23"W, a distance of 70.50', 32)N72°22'37"W, a distance of 51.011 , 33)N59°52'37"W,a distance of 15.00', 34)N27022'37"W, a distance of 20.00',35)N07037'23"E, 5 a distance of 8.01', 36)N76007123"E, a distance of 79.79,37)N50"52'37"W,a distance of 25.001, 38)N78°52'37"W, a distance of 15.00', 39) S67°07'23"W,a distance of 85.00',40) S63"07'23"W, a distance of 55.00',41)S57°07'23"W, a distance of 35.00',42)S75°07'23"W, a distance of 35.00, 43) N88°52'37"W, a distance of 17.50', 44) S22° 37' 23"W, a distance of 202.50', 45) S67° 22' 37"E,a distance of 57.00',46)S22°37'23"W, a distance of 223.92',47)SO1°32' 15"W,a distance of 238.73', 48) S880 27' 45"E, a distance of 63.99', 49) SOl° 32' 15"W, a distance of 18.56', 50) N88°27'45"W,a distance of 152.11',51)SO1°32' 15"W,a distance of 56.94, 52)SO1°32' 1511W, a distance of 68.00', 53) S88° 27' 45"E, a distance of 71.46', 54) SO1° 32' 15"W, a distance of 104.41', to the aforesaid northerly right-of-way line of Dam Neck Road, said point marking the southwest corner of said exception, thence turning and following said Dam Neck Road the following thirteen (13) courses: 1) N84° 23' 47"W, a distance of 43.84, 2) N88° 52' 19"W, a distance of 300.00',3)N45° 14'09"W, a distance of 59.41',said point marking the future southeast terminus of Dam Neck Station Road, 4) N88° 52' 19"W, passing a point at 80.00' marking the eastern line of Parcel 9 for a total distance of 82.00', 5) SO1° 07' 41"W, a distance of 11.00', 6) S47° 29' 31"W, a distance of 59.41', 7)N88° 52' 19"W, a distance of 48.97' 8)N84°40'40"W a distance of 150.40' 9) N88° 52' 19"W, a distance of 150.001, 10) S84° 35' 29"W, a distance of 96.63', 11) N88° 52' 19"W, a distance of 84.00', 12) N84° 40' 40"W, a distance of 150.40', 13) N88° 52' 19"W, a distance of 220.02' to a point marking the southwest corner of Parcel 9 and the southeast corner of Parcel 10,thence turning and departing said northerly right-of-way line of Dam Neck Road and along the western line(s)of said Parcel 9 the following eight(8)courses: 1)NOl° 08" 01"E, a distance of 110.00'to a point of curvature,2) along a curve to the left having a radius of 45.00', arc length of 70.69', delta angle of 90100100% chord bearing of N43° 51' 59"W, and a chord length of 63.64'to a point of tangency, 3)N88°51'59"W,a distance of 104.97'to a point of curvature 4) along a curve to the right having a radius of 154.00', arc length of 57.76, delta angle of 21°29'24",chord bearing of N78°07' 17"W, and a chord length of 57.42'to a point of tangency, 5) N67° 22' 35"W, a distance of 139.63', 6) N22° 37' 25"E, a distance of 487.83' to a point, said point marking the northeast corner of Parcel 3A and the southeast corner of Parcel 2, 7)N1611 20' 32"E, a distance of 130.55', 8)N22° 37' 25"E, a distance of 50.00, to a point, said point marking the northeast corner of Parcel 2, said point marking the true point and place of BEGINNING and containing 2,338,266 square feet or 53.679 acres,more or less. 6 DAM NECK ASSOCIATES,LLC,a Virginia limited liability company; TO(SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 31' day of May, 2024, between DAM NECK ASSOCIATES LLC, a Virginia limited liability company, ("Grantor", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS,Grantor is the owner of the real property described on Exhibit A attached hereto (the"Property"),which is subject to certain recorded proffered covenants,restrictions,and conditions pursuant to the Agreement by and between Bel-Aire, Incorporated, a Virginia corporation and Grantee dated'March 25, 1994,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the"Clerk's Office")in Deed Book 3402 at Page 489, as amended by the Modification of Proffered Covenants, Restrictions an on d Conditions by and between Dam Neck Associates,LLC,a Virginia limited liability company and Grantee dated June 28,2022,and recorded in the Clerk's Office as Instrument Number 202203050886(the"Original Proffers"); and WHEREAS, in conjunction with the re-zoning of a portion of the Property to a separate zoning classification,Grantor desires to amend and modify certain of the covenants,restrictions, and conditions set forth in the Original Proffers as provided herein; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or uid pro _quo for zoning, rezoning, site plan,building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and Prepared by and return to: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 GPIN: 2415-75-7941-0000 use of the Property, and hereby covenant and agree that the terns of this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. A portion of the Property is hereby removed from the definition of"Property,,under the Original Proffers. Accordingly, the"Property"subject to the Original Proffers (as modified by this Agreement)shall be as described on Exhibit B attached hereto. 2. Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 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 incorporated herein by reference." 3. Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property,when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers)will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." 4. Proffers 2,5, and 13 of the Original Proffers are hereby deleted in their entirety. 5. Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." 6. Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows. "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." 7. Except as expressly modified by this Agreement,all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references herein 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 modification of proffered covenants,restrictions and conditions is approved by the Grantee. Page 2 The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, 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 ofthe subject Property at the time ofrecordation of such instrument; Provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an 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. The Grantor covenants 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 Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 GRANTOR DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: / C 0 Name: Robert M. Howard Title: Authorized Signatory of Red Wing Associates LLC Member of Dam Neck Associates LLC STATE/COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3 1'day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates, LLC,a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 31'day of May,2024. Notary Public (SEAL) My Commission Expires: 8-31-2026 Registration Number: 7507965 KELLYA. NORDHUES NOTARY PUBLIC REGISTRATION#75079M COMMONWEALTH OF VIRGINIA f Y COMMISSION EXPIRES 08/31 Page 4 I-� EXHIBIT A ALL THAT certain lot,pieces or parcels of land with the improvements thereon,situate,lying and being in the City of Virginia Beach,Virginia and designated as"PARCEL 11"on that certain plat entitled"SUBDIVISION OF PROPERTY OF BEL-AIRE,INCORPORATED(D.B. 2420,P.460) AND KING'S WAY CORPORATION(D.B.2420,P. 577)VIRGINIA BEACH,VIRGINIA", dated July 27,2004 which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 200408170129717. Page 5 EXHIBIT B Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as a portion of Parcel 11 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument#200408170129717, said area being more particularly described as follows: Commencing at the southeast comer of Parcel 9 and the southwest comer of Parcel 11 as shown on the aforementioned plat, thence following the northerly right-of-way line of Dam Neck Road the following four(4)courses: 1) S88°52' 19"E,a distance of 80.00',2)S45° 14'09"E, a distance of 59.41', 3) S88° 52' 19"E, a distance of 300.00', 4) S84° 23' 47E, a distance of 43.84' to the southwest corner of the exception, said point being the true point and place of BEGINNING, thence departing said northerly right-of-way line of Dam Neck Road and following the perimeter of the exception, the following fifty four(54)courses: 1)NO1°32' 15"E,a distance of 104.41',2) N881 27'.45"W, a distance of 71.46', 3)NO]' 32' 15"E, a distance of 68.00', 4) NO1° 32' 15"E, a distance of 56.94', 5) S88°27'45"E, a distance of 152.11', 6)NO1°32' 15"E, a distance of 18.56', 7)N88°27'45"W, a distance of 63.99', 8)NO]°32' 15"E, a distance of 238.73', 9)N22°37'23"E, a distance of 223.92', 10) N67° 22' 37"W, a distance of 57.00', 11) N22° 37' 23"E, a distance of 202.50', 12) S88°52'37"E, a distance of 17.50', 13) N75°07'23"E; a distance of 35.00', 14) N57107'23"E, a distance of 35.00', 15) N63°07'23"E, a distance of 55.001, 16) N67°07'23"E, a distance of 85.00', 17) S78°52'37"E, a distance of 15.00', 18) S50°52'37"E, a distance of 25.00', 19) S76°07'23"W, a distance of 79.79', 20) S07°37'23"W, a distance of 8.01', 21) S27°22'37"E, a distance of 20.00', 22) S59°52'37"E, a distance of 15.00', 23) S72122'37"E, a distance of 51.011 , 24) N43007'23"E, a distance of 70.50', 25) S87°40'23"E, a distance of 5.18', 26) S08°22'37"E, a distance of 42.00', 27) S07°29'25"E, passing the approximate AICUZ line at 52.63', for a total distance of 72.74', 28) S05°5649"W, a distance of 58.10', 29) S48048'51"E, a distance of 55.371 , 30) S85°06'40"E, a distance of 69.26', 31)N59°5947"E, a distance of 97.73', 32)N63°26'06"E, a distance of 51.34', 33)N87°41'06"E, a distance of 17.50', 34)N89056'06"E, a distance of 17.50% 35) S70°03'54"E, a distance of 10.00' 36) S48°03'54"E, a distance of 145.00', 37) S49°1854"E, a distance of 110.00', 38) 941°03'54"E, a distance of 40.79', 39) S 17°03'54"E, a distance of 37.92', 40)SO]°11'06"W,a distance of 165.00',41)S86°26'06"W,a distance of32.18',42)S12°17'07"W, a distance of 88.94',43) S79°42'53"E, a distance of 35.00', 44) S36°40'38"E, a distance of 21.38, 45) S08°19'22"W,a distance of 32.48', 46) S09°55'38"E, a distance of 15.81',47) S06025'38"E, a distance of 100.00',48) S62°03'04"W,a distance of 29.81',49)S82°35'02"W,a distance of 20.30', 50) S00°39'58"E, a distance of 8.36', 51) N78007'58"E, a distance of 30.58', 52) S69°26'50"E, a distance of 20.84', 53) S06°52'19"E, a distance of 129.00', 54) SO1°22'19"E, a distance of 38.00' to a point, said point lying on the northerly right-of-way line of said Dam Neck Road, thence following ten(10)courses: 1)N88°52'19"W, a distance of 104.18',2)N87°34'40"W, a distance of 75.21', 3) N83°00'46"W, a distance of 150.62', 4) N87°35'09"W, a distance of 150.01', 5) N43013'39"W, a distance of 57.18', 6) N88013'44"W, a distance of 79.90', 7) SO1°08'22"W, a distance of 9.05', 8) S46°50'38"W, a distance of 58.85', 9) N87°34'48"W, a distance of 227.45', 10) N84°23'47"W, a distance of 107.21' to a point, said point being the true point and place of BEGINNING, and containing 761,938 square feet or 17.492 acres,more or less. Page 6 Virginia Beach Planning Commission December 11, 2024 Public Meeting Items 3 & 4 Dam Neck Associates, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Alcaraz: All right, thank you, Madam Clerk. So, that concludes our consent agenda. The staff you've been working with will let you know when it will be in front of City Council. Our next order of business is the regular agenda. Madam Clerk, can you call the first agenda item, please? Madam Clerk: Items 3 and 4,Dam Neck Associates, LLC. Mr.Plumlee: Mr. Chairman, I'm going to abstain also from this matter being heard today. Mr.Alcaraz: All right,thank you. Mr. Beaman: Thank you, Mr. Chair, Madam Vice Chair, members of the Commission. For the record, my name is Rob Beamen. I'm a Virginia Beach land use attorney with the Troutman Pepper Law Firm, here today on behalf of the applicant, Dam Neck Associates. Joining me this afternoon are a couple of representatives of Dam Neck Associates,including Brian Cuffee and Lee Wessonage. I first wanted to take a moment to thank Kathy,Marchelle,and the rest of the planning team for all their work on this application. They've been kind enough to meet with us and work with us over the last several months, and their feedback has made this a better application. We certainly appreciate that. The property that's the subject of this application is a 70-acre parcel located near the intersection of Dam Neck and General Booth. It was originally zoned by City Council in 1994, kid of split-zoned, the eastern half was zoned for multifamily residential development A-18, and the western half zoned B-2 for commercial development. That sort of stayed in place until 2022, where the applicant came in, ingested a modification to the eastern portion of the property to substitute a slightly different layout and different architectural elevations for the multifamily residential component, and that application was approved in 2022. So, as of today,what you see on the screen right now is what is approved for the property. The eastern part has a specific site plan for multifamily residential. The western portion is zoned B-2 without a specific site plan. Last year,the City Council, in consultation with the Navy, amended the zoning ordinance to permit previously approved dwelling units to be moved across parcel boundaries, as long as they don't go into a different noise classification, and so long as there is a 5% reduction applied to those units, and that is exactly why we're here today. The purpose of this application is primarily to take a portion of the units previously approved for the eastern part of the site and move those over to the currently B-2 zoned portion of the site,to create a more vibrant mixed-use development instead of having the uses bifurcated on different sides of the property. In addition, we will apply the required 5%reduction,which is required into the code,which mean the reduction in 15 total units from what is currently approved on the property. In filing this application, we've worked closely with city staff to sort of put some additional meat on the bone in terms of a site plan for the western portion of the property. As I mentioned, it is currently B-2 without a site plan. We have proposed a conceptual site plan showing a layout that shows a very high-quality development with key features that are consistent with the comprehensive plan, and sort of what the planning folks for in this type of development, including a very prominent main street running down the middle of the community with buildings pulled up to the street, not only on Dam Neck, but surrounding the main street as well. You see the parking is located in the central portions of this site to keep it all for rights of way, and screen it from view. We also have a great deal of amenity open space in the northern part of the property, and a tremendous amount of pedestrian connectivity not only through the property itself connecting the various parts of the property, but up into the amenity space surrounding the lake, and as was mentioned earlier,we have a proffered connection to Red Wing Park as well. So,we believe this is a very high-quality development. We are excited about the possibility of moving forward with this, and we certainly appreciate your consideration today, and our team will stand by for any questions. Mr. Alcaraz: No questions? All right. We'll call you up after, we have a couple of speakers, I think, on this one. All right, Madam Clerk, speaker? Madam Clerk: At this time,we only have one speaker, and that is George Sheffield in opposition. Mr. Alcaraz: They're Virtual? Madam Clerk: I have down that it is in person. Mr. Alcaraz: What was the name again? Madam Clerk: George Sheffield. Mr. Alcaraz: Mr. Sheffield here? Madam Clerk: Okay. And that's all I have. Mr. Alcaraz: All right. Any commissioners would like to ask the applicant any questions? You do? Can you come back up? Thank you. Mr. Anderson: Hey, Rob. There was a discussion about phasing and traffic. Do you have an idea of phase I with the apartments and the mixed-use timeline? It all depends on -- Mr. Beaman: --market forces,yes,sir. The phase I is actually moving forward in the short term. We have a site plan actually filed with the city for the 314 units that are part of phase I. You can see phase one is greyed out on this picture. That is part of the original approval that we're not proposing to change at all as part of this application. That's why the site plan is in for that, that hopefully will be developed. Construction commence within the next year or so. On the western part of the site, we just anticipate uses coming online gradually as market forces dictate. Mr.Anderson: So,phase II wouldn't be all the buildings, it would be upon? Mr.Beaman: Correct. Not all at once. Yes, sir. Mr. Anderson: And then, second real quick, we discussed, and I think. but I wanted to ask you about the traffic, the intersection at General Booth with a traffic light, and that is going to be installed there as well, correct? Mr.Beaman: That's exactly right. So,we worked closely with Rick's team over the last several months, and have prepared a traffic study, and have agreed on a series of improvements that will be necessary to accommodate the additional traffic which will be produced by this development, which will include traffic signals at Dam Neck Station Road, which is the spine road running through our site, and at General Booth, and then Dam Neck Station Road and Upton as well. Mr.Anderson: Okay. Mr.Alcaraz: Any other questions from the commissioners? All right. You can be seated for now. We'll close, and if there's any discussion amongst the commissioners? None. If not, I'll entertain a motion. Mr. Coston: I move that we approve this agenda item. Mr.Alcaraz: I have a motion by Mr. Coston. Second by Mr. Anderson. Any other discussion? Ms. Byler,go ahead. Ms.Byler: I would just like to thank Mr. Beamen for the presentation and all of the discussion and the work that staff did on this. I visited the site, I studied everything, I was concerned about parking, and my concerns have been allayed by the fact that every time they come in for the new expansions and for the commercial use, the traffic will have to be analysed again, and the parking will have to be analysed again. With that assurance, this application has my support. Mr.Alcaraz: All right, thank you. Any other comments? All right,Madam Clerk. Ms. Eisenberg: I believe there's an abstention on this application as well. Mr.Alcaraz: He did already. Thank you. Mr. Plumlee abstains. Madam Clerk:The vote is now open. By a vote of 9 to 0,with one abstention from Commissioner Plumlee, Dam Neck Associates,LLC,has been recommended for approval. Mr.Alcaraz: All right, thank you. Vote Tall AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers (CRZ) Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM Conceptual Development Plan", dated June 3, 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 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 "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group (the "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 incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property, when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance,and the proposed 283 units reflects the five percent (5%) reduction required by Section 1804(e)(2)(ii). Proffer 5 A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet (100') of the adjacent A-18 zoning lot (to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a)the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or(b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 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. Proffers (MDP) Proffer 1 A portion of the Property is hereby removed from the definition of "Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 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 incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance" Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. o R5S R5S A36 RT3 RS :F R5S QD , , . OR OR U� A36 R:T-1 RT3 ue R5S ac e R5S R5S ° ° a1er� p' c, RT1 RT1 R �RS y �� S RSS Q R-5S •- R�5S L R�5S a RT3 RT3 a N ® site FWM Residential Rental Properties LLC W Property Polygons 310 & 312 Winston Salem Avenue IS Zoning Building Feet 0 30 60 120 180 240 300 360 JJ iLw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FWM RESIDENITAL RENTAL PROPERTIES LLC [Applicant & Property Owner] Conditional Rezoning (R-5S Residential Single-Family to Conditional RT-3 Resort Tourist ) and Conditional Use Permit (Commercial Marina) for the property located at 310 & 312 Winston Salem Avenue (GPIN 2427129328, 2427129184, 2427128357, & 2427129123). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: January 21, 2025 ■ Background: The applicant seeks to conditionally rezone the subject site from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District to operate a commercial marina with 6 boat slips. A Conditional Use Permit (CUP) for a Commercial Marina is also requested. The need for the CUP was determined by staff after the applicant submitted a Joint Permit Application for the proposed improvements to the marina. With the CUP request, the applicant is seeking the approval of deviations from the side yard setbacks for the existing single-family dwelling and duplex; both of which are to remain. The proposed improvements include a new fixed pier, gangway, floating pier, and 6 boat slips. Neither the pier nor the boat slips will be visible from the street. ■ Considerations: Staff finds the requests for a Conditional Rezoning and Conditional Use Permit for a Commercial Marina to be consistent with the zoning and development pattern of the surrounding area. Except for the subject parcels, all parcels along the south side of Winston Salem Avenue within this block are currently zoned Resort Tourist District. Additionally, the site has operated as a Commercial Marina without a Conditional Use Permit for nearly 30 years and this request will allow the site to come into compliance with the Zoning Ordinance. The proposed removal and replacement of the existing pier and 8 boat slips with a new pier and 6 reconfigured boat slips will not change the intensity of the use or the character of the site. The site is located in the 70-75 dB DNL noise zone and was considered by the Joint Navy-City Review Process (JRP) Group. The highest number of dwelling units permitted on the property shall be 3 units to comply with Section 1804(c)(2) of the Zoning Ordinance for AICUZ Restrictions and the applicant has provided a proffer limiting the residential density to 3 units. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Conditional Rezoning Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Conditional Use Permit 1. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "310 / 312 WINSTON SALEM AVENUE", prepared by Langley & McDonald, Inc, and revised 09/30/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 6. All provisions in the Virginia Statewide Prevention Code, Chapter 36— Marinas, shall be adhered to and maintained. FWM Residential Rental Properties LLC Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. � � Submitting Department/Agency: Planning Department Cak City /$9 Agenda • Applicant i Property FWMRESIDENTIAL , RENTAL 1 PROPERTIES •• • Planning • • • • i 2025 V_B_ City Council District: District • Project Details Request Conditional Rezoning (R-5S Residential Single- '01"5� gz"Sz es"ST Family District to RT-3 Resort Tourist District) "5, m ,yY P"oP1A mMPDE`P ,IkeAIX '�—A Conditional Use Permit (Commercial Marina) Na Nw PVE a W � m Staff Recommendation �R°``"PAVE w NIGH P°W�PVE m 5t Approval QPGEP VE ,, v tEa VrW St°N SP`EM AVFy Staff Planner Alexis Bailey Location f 310 & 312 Winston Salem Avenue KE"NE°YPor. GP/N m° g 2427129328, 2427129184, 2427128357, & rP�o� ir 2427129123 Site Size [stFikethYl ughl 53,060.79 fend stFikethmughl } 46,817 square feet A/CUZ 70-75 dB DNL 1� S E .. •'R �s� ➢ ... Watershed ,. Atlantic Ocean ' Existing Land Use and Zoning District ;.. • Y,. �. Commercial marina, single-family dwelling, & y y duplex/ R-5S Residential 7#m Surrounding Land Uses and Zoning Districts North Winston Salem Avenue Single-family dwellings/ R-5S Residential South Lake Rudee/ RT-3 Resort Tourist East Eating and drinking establishment, personal watercraft rentals/ RT-3 Resort Tourist !^✓� ,1 Condominium Complex/ RT-3 Resort Tourist FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 1 of 15 Background SummaryofProposal • The applicant seeks to conditionally rezone the subject parcels from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District along with a Conditional Use Permit for a Commercial Marina to operate a commercial marina with [strikethrough] e44 [end strikethrough] six boat slips. • 312 Winston Salem Avenue is currently developed with a duplex and 310 Winston Salem Avenue is currently developed with a single-family home; both residential structures are to remain. The rear parcels are developed with a pier and eight boat slips. • The applicant recently sought a Joint Permit Application (1PA) to replace the existing pier and eight boat slips with a new pier and [strikethrough] e44[end strikethrough] six new and reconfigured boat slips. During the review of the JPA it was determined that the applicant would need to obtain a Conditional Use Permit for a Commercial Marina. • The pier and boat slips were developed in the early 1990s and have been operated by the applicant and its affiliates in conjunction with Fisherman's Wharf Marina since its development. The pier and boat slips are accessed through a private driveway on 312 Winston Salem Avenue that is partially paved and gravel. • The proposed improvements include a new fixed pier, gangway, floating pier, and [strikethrough] e 4 [end strikethrough] six reconfigured boat slips 20 inches above the water constructed with Ipe wood. The pier and boat slips will not be visible from the street. • Per Section 236(b) of the Zoning Ordinance, 0.50 off-street parking spaces shall be required per boat slip, provided that where wheel launching ramps adjoin the parking area, the parking spaces shall have a minimum dimension of twelve (12) feet by forty (40) feet. The proposed [strikethrough] eight (9) [end strikethrough] six 6 boat slips would require [strikethrough] #e+ [end strikethrough] three parking spaces. The site is currently served by eight (8) parking spaces provided on the gravel located at the rear of the property exceeding the required [strikethrough] fetes [end strikethrough] three parking spaces. • Per the City Zoning Ordinance, the side yard setbacks in the RT-3 Resort Tourist District for single-family homes and duplexes is eight (8) feet and when adjacent to a driveway twelve (12) feet from the property line. The existing single-family home has a side yard setback of 7.22 feet and a side yard setback adjacent to a driveway of 5.49 feet.The duplex has a side yard setback of 7.33 feet and a side yard setback adjacent to a driveway of 35.42 feet. The applicant is requesting that these adjustments be addressed through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks if"for a good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". • As the site is located in the 70-75 dB DNL noise zone, the applications were considered by the Joint City- Navy Review Process (JRP) Group. Sections 1803(a) and 1804 (a) of the Zoning Ordinance provide regulations that apply to discretionary development applications for uses with the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 2 of 15 • These applications were originally scheduled to be heard at the December 11, 2024, Planning Commission hearing; however, staff determined that the subject sites required a Conditional Rezoning instead of the submitted Rezoning. Subsequently at the December 11t' hearing the applicant requested to withdraw the Rezoning and a deferral of the Conditional Use Permit to submit the required Conditional Rezoning application as well as attend the Joint City-Navy Review Process Group (JRP) meeting. Zoning History # Request " 1 CUP (Short Term Rental) Approved 06/09/2020 2 REZ Approved 06/08/2004 -wH+�oNe► e ,....._" RTf RT3 1 w 1 ,- -_ T3 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance EvaluationRecommendation In Staff's opinion, the request for a Conditional Use Permit for a Commercial Marina and a Conditional Rezoning from R5-S Residential Single-Family District to Conditional RT-3 Resort Tourist District is acceptable. The use and rezoning are compatible with the surrounding area. The site has been operating as a commercial marina for almost thirty years without an approved Conditional Use Permit. The request for a Conditional Use Permit for a Commercial Marina will allow the site to come into compliance with the Zoning Ordinance. Furthermore, the proposed removal and replacement of the existing pier and eight boat slips with a new pier and [strikethrough] eight [end strikethrough] six reconfigured boat slips will not change the intensity of the use.The new pier and boat slips will be constructed using high-quality materials and will not be visible from the public right-of-way. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 3 of 15 The proposed rezoning to Conditional RT-3 Resort Tourist District is consistent with the surrounding area since the other parcels to the south of Winston Salem Avenue within this block are zoned Resort Tourist District. A Joint City-Navy Review Process Group (JRP) meeting was held on December 11, 2024, to discuss the conditional rezoning and commercial marina. The density of the site was capped at three units which is the current density of the site. With the proffer to limit the residential density to no more than three units, it was determined that the proposed requests were in conformance with Article 18 of the City's Zoning Ordinance. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Proffers (CRZ) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable;' (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "310/ 312 WINSTON SALEM AVENUE", prepared by Langley& McDonald, Inc, and revised 09/30/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 4 of 15 5. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 6. All provisions in the Virginia Statewide Prevention Code, Chapter 36—Marinas, shall be adhered to and maintained. 7. A final subdivision plat shall be submitted for review, approval and recordation to vacate the existing internal property lines at 310 and 312 Winston Salem Avenue. 8. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 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 Information This project falls within the Resort Area SGA. This site also falls within the Marina District, a key development area of the Resort Area, that strives to create a mixed-use, walkable, family-friendly environment. Based on the Resort Area Strategic Action Plan, it states that a goal for this SGA is to "retain the feel of an oceanside resort with a sense of community" (p. 10, RASAP). Natural & 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 Feet NAVD 88. There are no floodplain concerns with the proposed project. There are no known historic or cultural resources that will be affected by this project. ImpactsPublic Utility Water and Sewer There is an existing six-inch city water main and an eight-inch city sanitary sewer gravity main along Winston Salem Avenue. The properties, 310 and 312 Winston Salem Avenue, both connect to City water and sanitary sewer. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 5 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 11, 2024, and have remained in place since then. • As required by State Code, this item was advertised in the Virginian-Pilot on Tuesdays, December 24, 2024 and December 31, 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 December 23, 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 January 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. • 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 January 6, 2025. • 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 January 17, 2025. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 6 of 15 Survey of 1 312 Winston Salem Avenue not RW YOU % I I �• I � I I 1 1 I I . � I I ,rJ r• � � I M i I I ' � r• 1 + I 1 I '6 5.49' IIIF'r I ++ d �* 7.22' + _ i a l I 7.337 10.42' I I 1 4 I• i 11 i � 1 m S N a v s �r ----------------- �uararv.wvA►JM FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 7 of 15 Proposed Conceptual Site Plan iF-0 '—. as 51 CQ3W v 5�1-jd x 3AVvEnv9NO1BW I @ , ate/Oic ----------------------- Vol 7u, JP :A — ITT `1Y —��-- -� i pt , •, I 110 'OL F,TTI IL it; t ILI fl- flh:� M —4k x J-11re , FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 8 of 15 Photo of • . Dock s 11 ,grow Pxw 1111111111 fr FWM Residential Rental Properties, LLC Agenda Items 6& 7 page 9 of 15 Site • • k s � 1 _ •ter - ,,. �� a � FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 10 of 15 Site • • E � 1 } f)a a •'- AM � r ' jyx FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 11 of 15 Disclosure CITY OFDisclosure StatementVIRGINIA V BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application FWM Residential Rental Properties, LLC Is Applicant also the owner of the subject property? Yese Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo If yes,name Representative: Lisa Murphy, Wilcox&Savage, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo If yes,list the names of al/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.) F Wayne McLeskey,Jr QTIP Marital Trust FBO Cheryl McLeskey See Attachment Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso 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 e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 12 of 15 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual AccountingtTax Return Preparation 0 0 Forvis Mazars,LLP Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Langley a McDonald,Inc.&MSA,P.C. O 0 Uw%boy Wim 6 Smp.P C Kd rP Win",MS.A*e Hff owd&Uft".PC Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant N me(Print) lercent V re 0 e "Parent-subsidiary relationship"means"a rewhen one corporation directly or indirectly owns shares possessing more than 5 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 some person own or manage the two entities;there are common or cornmingled 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): 1/2/2025 Alexis Bailey x 3�,� 1/10/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 FWM Residential Rental Properties, LLC Agenda Items 6& 7 page 13 of 15 Disclosure 11/14/2O24 1:55 PM FWM RESIDENTIAL RENTAL PROPERTIES,LLC(Applicant) Listing of businesses that have a parent-subsidlary or affiliated business entity relationship with Applicant Entity Name WASHINGTON SQUARE TOWNHOUSES,LLC Bel-Aire LLC Virginia Beach Fishing Center LLC 2859VBB,LLC Elizabeth City Development Company LLC Elizabeth City Airport Industrial Park,Inc LDSM Properties LLC Morton Baye LLC J&W Investors,LLC RADCLIFFE TOWNHOUSES,LLC Cepco LLC COLONY PINES APARTMENTS,LLC Coastal Investors LLC Norfolk-Virginia Beach Airport LLC 2648 VBB,LLC Lynnhaven Shopping Center,LLC(dba MarketSquare) Riverwalk LLC NEWTOWN CONVENIENCE CENTER,LLC Front Street Investors LLC MGM Associates Furberfax LLC AIR TACO,LLC 103,LLC Croupier LLC Air Walker LLC BAYLINER BUILDING,LLC LITTLE NECK COMMERCIAL PROPERTY,LLC McLeskey&Associates,LLC SHORE DRIVE AREA PROPERTIES LLC LYNNHAVEN AREA PROPERTIES,LLC LITTLE CREEK ROAD PROPERTIES,LLC RUDEE HEIGHTS PROPERTIES,LLC Southside Waterfront Properties LLC F.Wayne McLeskey,Jc,QTIP Marital Trust Regency Hilltop Associates,LLP BA-GB,LLC Dam Neck Assoicates,LLC 2540VBB,LLC Cepco Management,LLC Cepco 1,LLC Meadow Credo Village,LLC TB S M Residential LLC FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 14 of 15 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. FWM Residential Rental Properties, LLC Agenda Items 6 & 7 page 15 of 15 FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL RENTAL PROPERTIES LLC, a Virginia limited liability company ("GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,being referred to herein as("GRANTEE"). WITNESSETH: WHEREAS, Owner is the owner of those certain parcels of improved real property located in the City of Virginia Beach, Virginia, commonly referred to as 310&312 Winston Salem Avenue(GPIN #s: 2427-12-9328-0000, 2427-12-9184-0000, 2427-12-8357-0000 & 2427-12-9123-0000), all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference(collectively, "Pro "); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District. WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS,GRANTOR has voluntarily proffered,in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach,Virginia("Zoning Map")with respect to the Property, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the GPIN#s: 2427-12-9328-0000,2427-12-9184-0000,2427-12-8357-0000 &2427-12-9123-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 Property, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW,THEREFORE,the GRANTOR, and its successors, assigns, grantees and other successors in title or interest,voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR,and its successors, assigns,grantees and other successors in interest or title: 1. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council;provided,however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination,this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office")and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 2 I-2867296.1 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 3 1-2867296.1 WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES,LLC, a Virginia limited liability company By: (SEAL) Name: Wil ' 1 A. Wi x,II Title: tinge COMMONWEALTH OF VIRGINIA CITY OF &I I rAl D'I to wit: The foregoing instrument was acknowledged before me this'day of e-e mhe I" by William A. Wilcox, II,as Manager of FWM RESIDENTIAL RENTAL PROPERTIES,LLC,a Virginia limited liability company,on behalf of said company. [SEAL] + SC A,; Not ry Publi , rlR N,Q''••- �� •••'•••. 7�y' Registration No: ODQ 7� 3 N i oo27e393 My Commission Expires: (111VW-k 3l, ;U�Y co MISSION Q- '''IA4U IUu•1j1 [Signature Pale to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property PARCEL 1 (310 Winston Salem Avenue)- A. ALL THOSE certain lots,pieces or parcels of land,with the buildings and improvements thereon,situate, lying and being in the City of Virginia Beach,Virginia,and being known,numbered and designated as Lots 7 and 8,Block 18,as shown on that certain plat entitled Shore Acres,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 7,at Page 137;and B. All right,title and interest,including by adverse possession,if any,of the grantors In and to that certain parcel of land lying between the southern or rear line of Lots 7 and 8,as described aforesaid,and the southern llne of the wooden bulkhead which lies on the northern shoreline of Lake Ruddee,as is shown on that certain survey by John E.Sirine&Associates dated November 22,1985,and entitled"Physical Survey of Lots 7 and 8,Block 18, Shore Acres for William R.Shreckhise,"a copy of which was attached to the source deed described below, reference to which is hereby made. PARCEL 2(Parcel adjacent to 310 Winston Salem Avenue): ALL THAT certain piece or parcel of land,and/or land covered by water,which is located in Virginia Beach Borough,Virginia Beach,Virginia,and identified and particularly described as beginning at a point 172 feet,more or less,south along the prolongation of the lot line between Lots 8 and 9,in Block 18,Plat of Shore Acres,Map Book 7,Part 2,Page 137,from the intersection of Winston-Salem Avenue and the northwest comer of Lot 8, Block 16,Plat of Shore Acres,Map Book 7,Part 2,Page 137;and from said point of beginning said parcel is bounded on the north by the southern boundary line of property belonging to V&N Associates,a Virginia general partnership(formerly belonging to William R.Shrec khise,at ux),said property of V&N Associates being described in Deed Book 2513, Page 1164,in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,being approximately 50 feet in width,said V&N Associates property being Lots 7 and 8,in Block 18,Plat of Shore Acres;and bounded on the east by the prolongation In a southerly directly of the western boundary line of Lot 6, Block 18,as shown on the aforesaid Plat of Shone Acres(this line also being the proloiVation of the boundary line between Lots 6 and 7, in said Block 18)and by the property now or previously owned by Richard Swope,at al;and bounded on the south by the southern boundary line of the unsubdivided area shown on the above described Plat of Shore Acres as belonging to Shore Acres, Inc.,Map Book 7, Part 2,Page 137;and bounded on the west by property formerly belonging to V&N Associates that has been conveyed unto Joseph E. Thain,at ux,by deed dated June 12, 1986,recorded in the Clerk's Office,Circuit Court,City of Virginia Beach, Virginia;which said parcel conveyed unto said Theins was also part of the property formerly or now owned by V& N Associates,originally designated as Parcel"B"(see Deed Book 2328,Page 214,in the aforesaid Clerk's Office), the western boundary of the parcel being herein conveyed also being the prolongation in a southerly direction of the western lot line of Lot 11,Block 18,on the aforesaid Plat of Shore Acres,which said lot line being also described as the prolongation of the platted boundary line between Lots 8 and 9,in Block 18 aforesaid,SAVE AND EXCEPT THEREFROM that certain parcel conveyed by V&N Associates to the City of Virginia Beach by deed dated April 23, 1987,duly cfrecord In Deed Book 2639,Page 294,which said parcel is described as"Parcel 28A,"as shown on that certain plat in Deed Book 2600, Page 1651,reference to which is hereby made. A-1 Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property (cont'd) PARCEL 3(312 Winston Salem Avenue): ALL those three certain lots of land with the buildings and improvements thereon and the appurtenances thereunto belonging,situate In the City of Virginia Beach,State of Virginia,and known,numbered and designated as Lots 9, 10 andl I;in Block 18,on the Plat of Shore Acres,duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 7,at page 137;the said lots fronting on the south side of Winston Salem Avenue,formerly Fourth Street,between Artie and Baltic A venues,with the dimensions shown on said plat to which reference Is hereby made for a further description thereof. PARCEL 4(Parcel adjacent to 312 Winston Salem Avenue): All that certain piece or parcel of land and/or covered by water which is located in Virginia Beach Borough, Virginia Beach,Virginia,and identified and particularly described as beginning at a point 150 feet,more or less, south along the prolongation of the lot line between Lots 12 and 11,In Block 18,Plat of Shone Acres,Map Book 7, Part 2,Page 137,from the intersection of Winston Salem A venue and the northwest comer of Lot 11,Block 18, Plat of Shore Aries,Map Book 7, Part 2,Page 137,and from said point of beginning said parcel is bounded on the north by the southern boundary line of property belonging or formerly belonging to Joseph E.Thain and Susan C.Thain(Deed Book 2221,Page 1188,in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia),being approximately 75 feet in width,said Thain property being Lots 9,10,11.in Block 18, Plat of Shore Acres,bounded on the east by the prolongation in a southerly direction of the western boundary lime of Lot 8,Block 18,as shown on the aforesaid Plat of Shore Acres(this line also being the prolongation of the boundary line between Lots 8 and 9,in said Block 18)and by the remaining property now or formerly owned by V&N Associates,originally designated as Parcel"E`(Deed Book 2328,Page 214,in the aforesaid Clerk's Office); bounded on the south by the southern boundary line of the unsubdivided area shown on the above described Plat of Shore Acres as belonging to Shore Acres,Inc.,Map Book 7,Part 2, Page 137;and bounded on the west by property formerly belonging to V&N Associates that has been conveyed unto R.Inlet Associates(see Deed Book 2491, Pages 809-811,Clerk's Office,Circuit Court,City of Virginia Beach,Virginia;Which said parcel conveyed unto R Inlet Associates was also a part of said original Parcel'B"referred to above),the western boundary of the parcel being herein conveyed also being the prolongation In a southerly direction of the western lot line of Lot 11, Block 18,on the aforesaid Plat of Shore Acres,less so much of this parcel as was conveyed to the Ctty of Virginia Beach,by deed dated June 16, 1987,and recorded In the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,In Deed Book 2691,at page 0263. IT BEING A PORTION OF THE SAME PROPERTY CONVEYED TO FWM RESIDENTIAL RENTAL PROPERTIES,LLC BY DEED FROM CHERYL P.MCLESKEY,TRUSTEE OF THE F.WAYNE MCLESKEY,JR. QTIP MARITAL TRUST FBO CHERYL P.MCLESKEY UAD JUNE 20,1997,AS AMENDED AND RESTATED, DEED DATED MARCH 11,2013,RECORDED APRIL 5,2013 IN INSTRUMENT NUMBER 20130405000394o90 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA. A-2 Virginia Beach Planning Commission January 8, 2025 Public Meeting Items 6 & 7 FWM Residential Rental Properties LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. Our next items are agenda items six and seven, FWM Residential Rental Properties LLC, and property owners, FMW Residential Rental Properties, LLC . Is there a representative here today to speak on this item? Ms. Murphy: Good afternoon, Chair, Vice Chair, Members of the Planning Commission, and Staff. For the record, my name is Lisa Murphy and I am here today on behalf of FWM Residential Rental Properties LLC and that is for items six and seven the Conditional Rezoning and the Conditional Use Permit for the marina. Like Eddie I'm happy to be on the consent agenda cause you guys are going to be here for a while today I'm afraid. I'm happy to answer any questions. Mr. Coston: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none,we've asked Commissioner Alcaraz to read this item into the record. Mrs.Alcock: Excuse me, Chair. It is my understanding that we had a last-minute sign up for this item, in support. Mrs.Bauer: Excuse me, I might say this incorrectly Nick Anoia the President of the RIA Mar HOA and in favor of. Mr. Alcaraz: So, I think he's here but he's not going to speak so we can move on to consent. Alright, good.Again this is items six and seven FWM Residential Rental Properties LLC for a Conditional Rezoning for R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit for a Commercial Marina at 310 and 312 Winston Salem Avenue. The applicant seeks to conditionally rezone the subject property from R-5S Residential Single-Family District to RT-3 Resort District along with a use permit for a Commercial Marina to operate a commercial marina with correct me with six boat slips. Is that six?I just want to make sure, it is not on the agenda, but I think I saw something this morning that said six. Ms. Murphy: It will be six to eight. Mrs. Alcock: The approval will be for six. Mr. Alcaraz: Huh Mrs. Alcock: The approval for today would be for six. Mr.Alcaraz: For six. Thank you. Having said that the commission has agreed to put this on the consent agenda. Mr. Coston: Thank you. Item eight is Danial Ryan Wilder, Top Notch Cycles,LLC. Mrs. Eisenberg: Real quick before we move on. Mr. Plumlee would you like to explain why you are voting on these items this month. Mr. Plumlee: Thank you. I recused myself from the deferral of this item last month. Quickly, I'm with a law firm I get a spreadsheet on any name that comes through the law firm. I read it last month very quickly and played it on the cautionary side and said I believed there was a conflict. I reviewed it this was a client on a different matter with a different attorney many years ago. It doesn't appear to meet the definition of a conflict and therefore I am okay to vote on it today but thank you for allowing me to put that on the record. Mr. Coston: Thank you. Madam Chair that was the last item on the consent agenda. Planning Commission places the following items on the Consent Agenda items 3, 6, 7, 8, 9, 12, 13, 14, 15, 17, and 18. Ms. Cuellar: Thank you. Do 1 have a motion to approve the consent agenda as read by the vice chair. Mr. Parks: Yes, I move to approve with the exception that we modify the hours of operation on item nine. Ms. Cuellar: Thank you, Commissioner Parks. Is there a second? Mr.Anderson: Second. Ms. Cuellar: Second by Commissioner Anderson. Is there any Commissioners abstaining from the vote on the consent agenda.Hearing none the motion for approval of the consent agenda is made by Commissioner Parks and seconded by Commissioner Anderson. Mrs.Bauer: The vote is now open. By a recorded vote of 11 to 0 items 3, 6, 7, 8, 9, 12, 13, 14, 15, 17,and 18 have recommended for approval by consent. Ms. Culler: Thank you. This concludes the consent agenda portion of our agenda. If you had an application that was on the consent agenda your request will now be scheduled for an upcoming City Council meeting. Staff will contact about the date for those applicants on the consent agenda. Thank you for your participation. You are welcome to remain either in person or virtual. Vote Tall AYE 11 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks I X Plumlee I X do 02 ���A- v a Al2 o B2 PDH1 PDH�1 � !you � A / '9CO, o CIO PDH1 E:D ® Site Property Polygons Green Clean Holland, LLC W E Zoning 4245 Holland Road S Building zi Feet 0 2550 100 150 200 250 300 !O� yti:g7 It J L �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLLAND, LLC [Applicant] ALP & ALEX ASLAN [Property Owners] Conditional Use Permit(Car Wash Facility) for the property located at 4245 Holland Road (GPIN 1476963446). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: January 21, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to adapt an existing, vacant former Rite-Aid building for use as a Car Wash Facility. The subject property is located in the Timberlake Shopping Center and under the Timberlake Land Use Plan and is subject to the B-2 Community Business District use table. The applicant's intent is to make minor alterations to the exterior of the building, including the removal of the "Rite-Aid" gables, removal of the drive-thru canopy and drive-thru lane, and addition of overhead garage doors to accommodate vehicular ingress/egress. The adaptation would occur entirely within the building envelope. The applicant is also proposing 17 exterior vacuum stations, 8 interior vacuum stations, a new sidewalk to connect pedestrians from Holland Road to the interior of the Timberlake Shopping Center, and enhanced landscaping. The applicant previously submitted a Conditional Use Permit application for a Car Wash Facility at this same site earlier this year that was heard by Planning Commission on May 8, 2024, and deferred by the City Council at their July 9, 2024, and August 20, 2024, hearings before ultimately being withdrawn by the applicant. Since that time, the applicant conducted additional public outreach and made minor revisions to the conceptual plan to include the addition of a pedestrian area with bike racks and bench seating on the southern portion of the site. ■ Considerations: While the proposed reuse of this building is innovative and though the concept plan improves existing site landscaping, the overall use and proposal do not conform to recommendations in the Comprehensive Plan. The subject property has a prominent location at the southwest corner of the intersection of Holland Road and S Plaza Trail. The northern and eastern corners are already auto-centric uses— an automobile service station and a drive-thru restaurant respectively—and the addition of a Car Wash Facility would commit three of the four corners almost exclusively to auto-oriented businesses. The Comprehensive Plan identifies this area as being part of the Suburban Area and calls for complementary non- residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. While car washes can be considered a Green Clean Holland, LLC Page 2 of 3 complementary non-residential use, they are also strictly auto-centric and auto- dependent. This area is further identified in the recently adopted Commercial Area Pattern Book (CAPB) as an aging shopping center that is ripe for redevelopment as a mixed-use center. Specifically, the CAPB recommends outparcels of shopping centers like the Timberlake Shopping Center to be redeveloped as "the face of the development and (extension of) the neighborhood" in which is located. This proposal will reuse a building, but it does not meet these recommendations for mixed-use, pedestrian-oriented redevelopment. Sustainable redevelopment goes beyond merely reusing a building, especially when that reuse is dedicated to the continued service of automobiles. Lastly, the Holland Road Phase I CIP project is approved for this area of Holland Road to reconfigure the roadway into a 6-lane superstreet. It will also add a continuous 5-foot-wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters. The project has not entered the design phase yet; it is uncertain at this time if/how the project could affect this property and its access on Holland Road. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On December 11 , 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 3. 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. Green Clean Holland, LLC Page 3 of 3 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10.Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11.The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet. This shall be reviewed as part of the site plan review process. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (13) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting DepartmenVAgency: Planning Department 1,2 City Manager: p Agenda A••licant: Green Clean Holland, Property • • and Alex Aslan CouncilPlanning Commission Public Hearing: December 11, 2024 V-B- 1 '• Project Details Request Conditional Use Permit (Car Wash Facility) Staff Recommendation Denial `• c° s Staff Planner —' ►`^ Alexis Bailey Location 4245 Holland Road GPIN — 1476963446 Site Size 1.38 acres AICUZ Less than 65 dB DNL •^� L� Watershed Chesapeake Bay , .= Existing Land Use and Zoning District Vacant commercial building/ PD-H1 Planned Unit ;' • • ' • ' Development '�r �-s• ;, a ' �' 'w •y = ' 4e Surrounding Land Uses and Zoning Districts •� ° ri; ; North Holland Road Shopping center, gas station/ B-2 Community Business South Shopping center/ PD-H1 Planned Unit �°�ti�F"x`r Development :'. 'c ;`"'`• :% , East S. Plaza Trail Apartments/ PD-H1 Planned Unit Development West Shopping center/ PD-H1 Planned Unit Development Green Clean Holland, LLC Agenda Item 6 page 1 of 20 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center. The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres, the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was closed.The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building, they will occur within the existing dimensions of the building (see the proposed site layout on page 8 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean's modern aesthetic. The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations. The primary entrance and one exit to the tunnel will be located on the north end of the building, facing Holland Road. Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building, the applicant proposes an additional 17 vacuums on the east side of the building.These will be central turbine vacuums, black in color, with no overhead canopy. There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations; the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse. The sign face will be replaced as shown in the exhibit on page 10 of this report. The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement. One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. • The applicant previously submitted a Conditional Use Permit application for a Car Wash Facility at this same site earlier this year that was heard by Planning Commission on May 8, 2024 [strikethrough] [end strikethrough] and deferred by the City Council Green Clean Holland, LLC Agenda Item 6 page 2 of 20 at their July 9 2024 and August 20 2024 hearings. The applicant then withdrew the application prior to the September 3, 2024 City Council hearing. Since that time, the applicant conducted additional public outreach and made minor revisions to the conceptual plan to include the addition of a pedestrian area with bike racks and bench seating on the southern portion of the site. HistoryZoning # Request MDP Approved 06/18/2019 2 i LUP Approved 11/19/1981 CUP (Tattoo Parlor) Approved 10/17/2017 y = CUP (Indoor Recreation Facility) Approved 2 04/05/2016 1 CUP (Indoor Recreation) Approved 07/03/2012 CUP (Motor Vehicle Rentals) Approved PD"' o� \ 08/14/1996 3 LUP Approved 11/19/1981 2 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 • • • In Staff's opinion, this Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor. The Comprehensive Plan identifies this area as being part of the Suburban Area, which recommends the development of Great Neighborhoods, which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use. The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book (CARP) as an aging shopping center with dense mixed-use redevelopment potential. Specifically, the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as "the face of the development and (extension of) the neighborhood" in which it is located. Developing an automated car wash on the shopping center's most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone; as a potential catalyst site for Timberlake Shopping Center, Green Clean Holland, LLC Agenda Item 6 page 3 of 20 adjacent commercial parcels, and the immediate residential neighborhoods, this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan, Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping. Adaptive reuse, such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area. The redesign of the elevations removes much of the branding of the current building from a standard "Rite Aid" building design and introduces some color contrast that reduces the scale of the building. The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. As mentioned previously, a pedestrian area is proposed along South Plaza Trail which will include benches, bike racks, trees and large shrubs as well as a connection to an existing path connecting South Plaza Trail to the Timberlake Shopping Center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building's west elevation and by introducing a sidewalk with a verge on either side, the applicant has reduced existing impervious cover on the property and created additional green space. The sidewalk along South Plaza Trail will be widened to the back of the existing curb. The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use. Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations.The two corner lots on the north side of Holland Road are developed with a gas station and a drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential.The addition of a pedestrian area with bike racks and benches will aid in encouraging pedestrian access into the shopping center creating better alignment with the Commercial Area Pattern Book. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the reuse proposal, Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. Green Clean Holland, LLC Agenda Item 6 page 4 of 20 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11.The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet.This shall be reviewed as part of the site plan review process. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Green Clean Holland, LLC Agenda Item 6 page 5 of 20 Comprehensive Plan Information This project falls within the Suburban Area as defined in the Comprehensive Plan.The Suburban Area's guiding principle of maintaining "Great Neighborhoods" calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. Timberlake Shopping Center is also identified in the Commercial Area Pattern Book (CAPE) as an Inland Character Area ("Holland Road to S. Independence Boulevard") (CAPB, p. 21). The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers, as well as supporting multiple modes of transit to the area (CAPB, p. 34). Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency (CAPB p. 12-13). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area, AE flood zone; however, the proposed improvements are located outside the AE flood zone. Should any equipment or structures be located in the AE flood zone, they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-1,400 ADT Holland Road 37,000 ADT1 32,700 ADT'(LOS°"W) Proposed Land Use'—500 ADT Existing Land Use 2-1,400 ADT S. Plaza Trail 10,040 ADT1 32,700 ADT'(LOS 4"W) Proposed Land Use'—500 ADT 1 Average Daily Trips pharmacy with drive- 'As defined by an 'LOS = Level of 2As defined by a thru automated car wash Service 13,000 square-foot with one tunnel Master Transportation Plan(MTP)and Capital Improvement Program(CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial. The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn. The project will also include continuous five-foot wide Green Clean Holland, LLC Agenda Item 6 page 6 of 20 sidewalk on both sides of Holland Road and installation of LED streetlights and bus shelters at the four existing bus stops. Construction of Holland Road Phase I is scheduled to begin in 2031. S. Plaza trail in the vicinity of the application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way.The MTP proposes a four-lane within 115-foot right-of-way. Currently, there are no CIP projects to upgrade this roadway. Active Transportation Plan The Active Transportation Plan recommends the expansion of the concrete sidewalks along Holland Road and South Plaza Trail to an eight-foot side path to increase pedestrian safety and mobility at this busy intersection. The plan calls for sidewalks or clearly marked pedestrian paths to access the entrance of the building from the main side path, and ideally to the connecting commercial areas. Public Utility Impacts Wa ter There is an existing eight-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing eight-inch city water main through the adjacent property connects to the 16-inch City transmission main along Holland Road.The site currently connects to City Water. Sewer There is an existing eight-inch which transitions to a 10-inch sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement.The sanitary sewer main within the property connects to the eight-inch city main along Spence Circle. The site currently connects to City sewer. Public • • • Planning Commission • The applicant reported that they invited the adjacent property owners to an in-person meeting held on Monday, June 17, 2024 at the site 4245 Holland Road. • The applicant reported that they met with the surrounding property owners, and no objections were raised. 13 letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 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 December 5, 2024. M.., ... » .,,.,.,... Green Clean Holland, LLC Agenda Item 6 page 7 of 20 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. • 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 January 6, 2025. • 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 January 17, 2025. Green Clean Holland, LLC Agenda Item 6 page 8 of 20 • F CAR WASH CONCEPT VBPCINIA BEACH,VA : .... ..... t PUNT SCHEDULE -. Ilk sac. r PLAZA'RtiL A nn ^ L.�; eawa,w»won,w»,aurou a rnw `3 Kimley)))Horn - 4245 HOLLAND ROAD CONCEPT LANDSCAPE PLAN VIRGINIA BEACH:VA GREEN CLEAN AUTO WASH NOVEMBER S.2024 (D D rD 2 =3 o rD Q — v v o m Q- N 0 m n RenderingsSite • LEFT SIpE ELEVATgN �r4kV�AlgTxFAMIYPVA Y6PU ] PIGIR 610E ELEVATON I�t/� �'.vs" z PFAP-An- 4 eae SBA T ..i. 2- . FRONT—ON ON f1G1 i f Front E� leva� ge` LefiS�levation Riots Sid,�e Elevation Lreen Clean Express Auto Wash 4247 Holland Road,Virgin a, Green Clean Holland, LLC Agenda Item 6 page 10 of 20 Proposed RUTO WISH '—LIMLSTi)NL SILL ', EP HENRY 8x4x16 CMU BASE SIGN EXTERIOR MONUMENT SIGNAGE Green Clean Holland, LLC Agenda Item 6 page 11 of 20 Dumpster Enclosure 6 MESTONE UP,TYP. QUICK BRIK(MATCH BUILDING) LL rl I I CEDAR PIANNS ON STEELFRAME, INSTALL LATCH HARDWARE S CASTERS DOOR BASE.PRONOE 170' STRAP NGESPERDOOR FRAME LEFT SIDE ELEVATION OF DOORS TO BE 31O'x1M'STEEL ANGLE WELDED 1N'WEID MN)/V.L LIMESTONE CAP,TVP. CORNERS W/3'x 1N'STEELANGLE S / OUICN DIAGONAL CROSS BRACING WELDED BRIK / TOSTEEL FRAME WELDTOPAND (MATCHBUILDING \ BOTTOM STEEL ANGLE OF FRAME TO r _ STEEL TUBE ATTACHED TO HINGES i 7411XYuIB'DEEP CONIC.FTG. ' 1610 CONCRETE FOOTING �DUMPSTER ___; I W(2)05CONTIN0003. NSTALL 1 OIA.,1S-LONG,METAL 0 l POD GATE LATCH INSTALL WV 6' a' HOLE INTO CONCRETE D0 BOTH OPEN AND CLOSED PORITCONS TO h RECEIVE LATCH ROD 7-0' 7-LH CONTROLJOINT 3 e RIGHT SIDE ELEVATION �-• F- CEDARGATE �v-1J CONIC FILLED 6'DIA BOLLARD, DOORS,PAINTED \✓'6/_--_---_`= TYP.PANTTOMATCHEIFSON i BUILDING,SEE SOLI-MA DETAIL OujCX BRIK N ATCHBUILDG GATE STRAP HINGE, (S)PER DOOR I CONC.FILLED 6'DIA. Ili I BOLLARD, P.PANT TO 17E' �'', Il MATCH METAL SIDING CN BUILDING 1YDIA.,ICLONG METAL LATCH FLOOR PLAN ROD ASTEP A'GATTEE C CASTER — 77 PROPOSED DUMPSTER ENCLOSURE ;J 04.07.2020 - , SCALE: 114'=r-o• FRONT ELEVATION Green Clean Holland, LLC Agenda Item 6 page 12 of 20 Proposed Vacuum Vacuum Schematic and Elevation • Vacuum booms AnlI be green to match branded colors on building A, L'IA. P`.IC L t03" ;:kEVIt;E TOOL 7-1 1 Jj .4.1 �FiL1NG CAR I I L I Green Clean Holland, LLC Agenda Item 6 page 13 of 20 Proposed Stations �w•a Green Clean Holland, LLC Agenda Item 6 page 14 of 20 Site Photos N R1 }yM E � Site Photos Ak !��•` i��- u kGa.rtQs6y�`,a.'a �' y IN f ve- 'tee { ,.vt Y''` ,iN• o to 1 7 i'°y,r YA`a,'rt '�L' �`• ilia,^3f�5c ai"�I ._ _ •. ..'�` I'f. - ��S' H � !f' •ASS '- - - -uf�i�..'tYL, w.. ,::; :. • - ...d w....-.....•afar w•V•�.°. 'MRar•^..rwa f Disclosure VIRGINIA Disclosure VB_ BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andlor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: Green Clean Holland, LLC. as listed on application _----- Is Applicant also the Owner of the subject property? Yes❑Nor±] If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No0 If yes,name Representative: Williams Mullen-Grady Palmer and Tyler Rosa Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YegfjN If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 2 or affiliated business entity I relationship with the applicant. (Attach list if necessary.) Express Wash Concepts and Green Clean Shore, LLC. (Shawn Everett and Craig Van Bremen) Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: Green Clean Holland, 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? YeJ 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, ❑ MidCap cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Thalhimer-Wick Smith� ❑ � � Disclosure Statement I rev. M a y-2024 page 1 of 3 Green Clean Holland, LLC Agenda Item 6 page 17 of 20 Disclosure SECTION APPLICANT •SURE cotitinued SERVICE YES NO SERVICE PROVIDER Name anti and or individual _LtY.______ _. -----)__ Accounting/Tax Return Preparation ❑ IF _ Architect/Designer/Landscape ❑ SBA Architects-Kevin Cieszkowski Architect/Land Planner PG Harris-Justin Short Construction Contractor © Kimley-Horn-Greg Schmitt and Grace Engineer/Surveyor/Agent Henderson 0 Eastern Virginia Law Group, LLC-Jerry Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing,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. Craig Van Bremen le _ 10/16/24 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§2.2-3101. 1 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 12/31/2024 Alexis Bailey 91/03/2024 Staff Name(Print} Laff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Green Clean Holland, LLC Agenda Item 6 page 18 of 20 Disclosure SECTION • • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Alp and Alex Asian_ Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes[:J11cff] If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidia 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) I Does the subject property have a proposed or pending purchaser? Yes©No❑ if yes,name proposed or pending purchaser: Green Clean Holland, 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❑ No© If yes,name the official or employee,-and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, ❑ 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Divans Real Estate, Inc.-Levi Thomson Accounting/TaxReturn Preparation ❑ Cobb, Doerfler&Associates-Danny H. Architect/Designer/Landscape ❑ Architect/Land Planner Construction Contractor ❑ Engineer/Surveyor/Agent ❑ Stokes Law Group, PLC-Igor Vase�rer Legal Services © ❑ sand Randy Stokes 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, ALP A s L- A A (' txrnQ ?rrL Property Owner Name(Print) Prop ty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Green Clean Holland, LLC Agenda Item 6 page 19 of 20 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Green Clean Holland, LLC Agenda Item 6 page 20 of 20 Virginia Beach Planning Commission December 11, 2024 Public Meeting Item 6 Green Clean Holland, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Alcaraz: All right,thank you. Next is agenda item number six. Madam Clerk: Green Clean Holland, LLC. Mr.Alcaraz: Good afternoon, sir. Can you just state your name for the record? Mr. Palmer: Good afternoon. My name is Grady Palmer. I'm an attorney representing the applicant. I want to thank the commission for the opportunity to speak in front of you tonight. I know we've been here before, and this has been a difficult application. 1 want to address Ms. Hippen's,why are we doing this again? I think that's a fair question. One of the things that I think is different now than it was in May is the amount of support we've received. I was retained to represent this application after the Planning Commission. I've watched the video and I have seen the questions, and I think a fair point was made that we did not do a sufficient amount of citizen input and outreach. So, we immediately started doing that, and we have received what I would consider to be significant level of community support. 1 just want to read into the record a letter written by the owner of the Timberlake Shopping Center. In my view,the was the reason to bring the application back. They wrote a letter, and it's in your packet, but I just want to quote from that letter, "The economic health of the Timberlake Shopping Center depends in large part on maintaining business activity on its neighboring out parcels,which this is an out parcel to the main Timberlake Shopping Center. Allowing an out parcel to remain vacant, particularly along a highly visible road, can generate a perception of and cause a real decrease in business activity at the shopping center and adjacent businesses. In the current economic climate, the redevelopment project that Green Clean is proposing is a welcome opportunity for the property and Timberlake Shopping Center to ensure increased business activity and curb appeal." In my view,that was the reason to bring this back because, as you know right now, this is a vacant Rite Aid. We're seeing these Rite Aids and Walgreens all over Hampton Roads close, and I think this is going to end up becoming a problem on what to do with these vacant buildings, and that was a large part of why the letters of support that you've gotten, that the proposal is dramatically better in the opinion of some of the residents and community members than the vacant building. Now, something will go there, something eventually will show up, and it will be a by-right use. Who knows what that is? But what I've seen over the course of my career is outcomes are better with conditional use permits and rezoning than just the by-right uses that can come in. There is a Wells Fargo building on another out parcel of Timberlake Shopping Center that was just repurposed into a law office. What I think the difference is, you can compare that to what's being proposed. Significant landscaping requirements,reduction in impervious surfaces, enhanced building design, all those things, as you can see in the site plan on the screen, all those things, we are coming through the discretionary land use approval process. All those things have to be committed to. I know there was a question in the informal. Why do all this stuff? Why do all these accommodations, bike paths, bicycle racks, and all those things? We certainly support the pattern book, and it's forward-looking. It certainly has its place, but we don't believe that it has its place as commercial tenants turn over in shopping centers. Just like the bank was repurposed, this building needs to be repurposed, and that's what we're proposing to do is to repurpose it into an automated car wash. You're going to hear from representatives of Green Clean that not all car washes are equal. Just like the restaurant discussion, there are different restaurants for different clientele and what you want to pay. The same thing is true for car washes; it's not just water, cars, and soap. So, you'll hear more about that in just a minute. Timberlake Shopping Center is, in fact, a suburban shopping center, and it's just simply not going to change anytime soon. The out parcels will still be out parcels. The main shopping center will remain,and I think it's almost fully leased right now. So,that shopping center is not going anywhere. All the out parcels that were platted with it need to function as out parcels. And that's what this proposal will do, it will allow the out parcel to function as an out parcel. So, if you want to come get your car washed,then go visit a retailer in the shopping center,that's how out parcels are supposed to work and complement one another. So, I think this is a good complementary use. I certainly understand staff s position on this, and that they would prefer not to have an auto-centric use on the corner, but out parcels, by their definition, are auto-dependent and often auto-centric uses. It's just the way out parcels are designed to work. Approving this would offer a measure of control over the site with a conditional use permit that would be stipulated with conditions to maintain the landscaping. All those things can be enforced by your zoning staff. A by-right use would not have those sorts of things. So, this is, 1 think, an improvement over whatever the by-right use that would come in. And I do, in closing,just want to read briefly from the staff report,just for the record. It says, "While staff believes the proposed use does not conform with the recommendations in the comprehensive plan, staff does acknowledge that the proposal is an innovative reuse of an existing building." And I think that's important for you to consider is, if this were a vacant piece of property,I think it would be different. I think the staff recommendation would certainly, would be better put, I think, if there were nothing on the property. There is a building on the property. Something is going to go into that building. But I want to thank staff for including that in the staff report. I think it's a fair point that deserves being mentioned. They go on to say that the proposed concept plan improves existing site landscaping. It's an adaptive reuse. Such,as we're proposing,is a highly beneficial bit of redevelopment strategy. Although,we don't think it's redevelopment, we think it's repurposing as it's less impactful on the environment and helps maintain the character of the area. So, we have included elevations, landscaping plans, building designs there,all conditions. So,you will get what we're proposing, and it's depicted on those elevations. So,all those details will be tied down with the conditional use permit, if it were to be approved. I do appreciate the conditions. They are acceptable. If this planning commission is inclined to approve the project,we accept the conditions that staff has recommended. With that, we'll stand by for any questions if you have them. Thank you very much. Mr.Alcaraz: All right,thank you. Next speaker. Madam Clerk: First speaker in support will be Greg Schmidt, followed by Sean Everett. Mr.Alcaraz: I don't know if you have three minutes. I just want to make sure you knew that we weren't rushing you. Mr. Schmidt: Yes, sir. Understood. Mr. Chair,Madam Vice Chair,and members of the Planning Commission. I know we've been here before to present to you all. So,I wanted to highlight a few of the things that changed from the previous application. Reapplying actually gave us the opportunity to go sit down and meet with staff again,talk through some additional ideas. You will notice in the southern corner of the property, we've added an additional plaza area with landscaping, sidewalk, and bike racks to provide an additional amenity to people navigating up and down South Plaza and Holland Road. We've also agreed to a condition to widen the sidewalks along both South Plaza and Holland Road to meet a minimum width of five feet, which is the desired width for ADA access and streets. I do want to point out a few things related to the design of the architecture and the site. Grady had touched on them, but we are increasing the amount of green space on this site by almost 10%. On a site that is just over an acre,that's a pretty big hurdle for us to overcome and a pretty big commitment from the developer to be okay with losing that impervious surface. We also are adding landscaping shrubs along the rear facade of the building, the western-facing facade,that could be visible from Holland Road. What that will allow us to do is soften that long linear facade from the street view that does not exist today. That is currently where the pharmacy drive-thru is. There are also, on that same side, there's a couple parallel parking spaces. We are including a sidewalk for pedestrian access from Holland Road into the shopping center,with additional landscaping as well for shade trees. The last thing I want to touch on that Grady had mentioned is that the reason we are here for a CUP is exactly what was discussed related to the by-right uses do not give the city the opportunity to have control of the application. With this conditional use permit here before us today,we have the opportunity to engage with staff and to engage with you all to make a better plan than what exists today. And it exactly is an adaptive reuse, no different than if another retailer wanted to go in there. The issue is, with by- right uses, as Grady had mentioned, you see what happened at the Wells Fargo building, not an improved product. Yes,the building is no longer vacant,but the site looks as it did,and the building looks as it did. So, we are here today to try to bring a better product as an adaptive reuse, not a redevelopment. Thank you, sir. Mr.Alcaraz: Any questions? Thank you. Next speaker. Madam Clerk: Our next speaker is Sean Everett, followed by Craig Van Bremen. Mr. Everett: Good Afternoon. Thank you for the opportunity to speak. My name is Sean Everett. I am the founder and managing partner of Green Clean, and I just wanted to provide a little bit of background in context about us. I was born and raised in Virginia Beach. The first Green Clean I built was in Virginia Beach. The plan at the time was to take my background,which is in biology and environmental science, and sort of blend it with a concept that I thought would be a business that residents would need and want, and I think, it's something I'd be proud of as a resident of Virginia Beach. And, I think we've done that over the years. The environmental stewardship component of this with our company, we use biodegradable soaps, they're environmentally friendly; we use energy-efficient motors; we capture,treat, and reuse a lot of our wash water, and the stuff that we don't capture and reuse is directed to the sanitary sewer system, which goes to municipal treatment and not ultimately where it shouldn't go. When you compare that to the residents in the area that are in the houses and apartments around us that don't have or aren't washing at a commercial car wash are doing it in their driveway and their parking lots, or getting a professional detailer to do the same, and that water is grabbing the brake dust, the petroleum residue,and the sediment from not only the vehicle but the surrounding impervious and directing it right into the storm sewer, which ultimately goes to river streams in the Chesapeake Bay. So again,the environmental component of this was always important to me,and I think that adaptively reusing a building just underscores that and gets us excited about it. But not only that, as someone from the area, with my family and friends around, I want to build something that we can all be proud of, and I think we've done that, and I think that not just the environmental stewardship component,but also the fact that we have,you know,beautiful buildings,we go above and beyond on the landscaping,we try to make a nice product,and we have 150 employees within Green Clean, 150 employees who are well-trained and well-compensated. We try to be active members of the communities that we serve and operate in today. We're going to hear from Joan Steele,who's with Toby's Dream, she was the most recent charity partner we partnered with at our Shore Drive grand opening. But this part of it really means a lot to us. I mean, it's a big part of who we are and what we do, and I just wanted to underscore that part of the whole thing too, but that's all. I appreciate you taking the time to hear me,and I'm around if you have questions. Thank you. Mr.Alcaraz: Any questions? Thank you. Mr. Plumlee: I do. Mr.Alcaraz: I'm sorry. Come back question. Mr. Plumlee: Or two for Mr. Everett. You've mentioned investment and employment opportunities. What kind of investment is required to repurpose a building like this? Mr.Everett: I think Craig's going to touch a little bit more on the investment side of things. Mr. Plumlee: But if someone can answer that question. Mr.Everett: I think you'll hear it in here in a minute. Mr. Plumlee: And with regard to employee advancement and work, when you have, there was some discussion the last time this came before us. and I don't want to miss the opportunity to hear that more specifically. You advance people from the floor to become managers,to advance within the company. Can you describe that? Mr. Everett: Sure. Sure. Yes,that actually serves us much better when we have somebody that comes in as a team member. We have team member,team lead, assistant manager,manager, area manager,regional director. So,when we have to hire somebody off the streets to be in one of those higher roles, they just don't have the experience in the industry, and so it's very important for us to hire at a team member level and train them up through the ranks to develop the skills and things that we need to operate successfully. So,yes,that's 100%our plan. Mr. Plumlee: And you have a membership arrangement with your customers? Is that how it works generally? Mr. Everett: We do, yes. It's a monthly membership, not unlike a gym membership, and the truly unlimited, you come, plug in the business, but truly unlimited—you come as often as you like, and they don't have to roll their windows down. They just drive on through, and it's very quick, efficient. Mr. Plumlee: Thank you. Mr.Anderson: Thank you. Mr.Alcaraz: Thank you, sir. Next speaker. If you could just state your name for the record. Mr. Van Bremen: My name is Craig Van Bremen. I'm the Chief Development Officer for the parent company of Green Clean Auto Wash, Express Wash Concepts. I'm terrible at using these microphones. I don't know why. I think it's because I'm short. Starting with just a little bit about EWC, EWC is the parent company of Green Clean,just like you were talking about. We have employment opportunities that we really like to hire from within,but not just working in the wash. We'd like to bring people in. A lot of people don't have a college degree, but we provide a real working wage for people to come in, learn skills, and whether they take those skills and go to another company, that's fine. We want to help them, and we want to help them move throughout their career. But if they can work their way up to a position in our marketing department, our operations team, senior leadership, in our construction development team,and our IT teams,there are pathways for that. That's all we're about helping people to grow within the company. Earn those skills, learn best skills, develop them, so they can hopefully stay with us, but if they choose to move on, that's okay too. So, as Sean said, we have a 150 people that work for us now in Hampton Road region, 30 to 40 in Virginia Beach alone. This will add another 10 jobs once Holland Road hopefully is approved. EWC at-large is 1,000 people now working for the umbrella. We're developing car washes, and I think in five states now. We just opened our 103rd location. So,this is really what we do. You can't build this company without great operations,great people, and a great team. So, we focus on selecting the right sites, putting our footprint where our customers can use their pass,where they know it's going to be complementary with the other units that are in the markets. They can use their pass anywhere they like. So, it provides more value as a product to the customer, and it provides really a great resource for the people that work for us so that they can continue to develop and grow themselves. The car wash industry, there are a lot of car washes, but the car wash industry has grown in the way that we want it to grow, right? So, in 1996, 21% of people used a professional car wash service. In 2023, 79% of people used a professional car wash service, which is exactly the behavior, as community leaders, we want to see, right? We don't want people washing in their driveways or at the Aspen apartments across the street, washing in their parking stalls. We want them using a parking or a professional car wash. So, that we're collecting all that sediment and that we're using our reclaim system, so it's not going out in the storm system. So, that's not ending up in the Chesapeake Bay. The more people that are actually washing at a professional car wash, the more environmental impact we have locally as well. So, there's a reason for the growth in the car wash industry. And that's because the demand really has shifted from washing in your driveway to the convenience of washing at professional car wash services, and one of the benefits of that, obviously, is not just a cheap price point, but it's also the fact that we can take care of the environment. There are three basic types of car washes. There are self-serve in-bay automatics, which are open 24 hours a day, usually seven days a week. They're generally not manned with anyone operating the business. You can go there, you can spray off your car, it takes 15 to 20 minutes. You can do that anytime. Those self-serve and in-bay automatic car washes are generally associated with other businesses right there. They're at a convenience store. They are at a laundromat. They're really a second thought, right? And you can use those at any time. It's very much the ATM in the car wash industry, where it's not manned. It's just a machine. You go in there and you can use it anytime. That doesn't mean that you still don't need bank branches within the community to serve the customers,right? It's a very different product than what the ATM provides. Although you can do some of your banking functions at an ATM, you still need that bank. So that you can talk to somebody, and maybe have a membership with a pass like out. Mr.Alcaraz: I'll have to end your presentation, but I think the commissioners have questions. So,that opens it back up. I think Mr.Plumlee had a question that he wanted you to answer. Mr. Plumlee: Yeah, I asked about the investment that was being made to repurpose a building like this. This is an old Rite Aid drug store, or a Walgreens, or something that's no longer in use. How is it? What is the investment? How do you go about repurposing a building like that for a car wash? Mr.Van Bremen: Yeah. So, we're one of the few in the industry that have actually done this three or four times now where we've actually repurposed Rite Aids before. Generally speaking, it's around a $2 million dollar investment just to convert the building. Plus, we put about a$1.5 million and in equipment in the building as well. So,all in on a property like this,we're definitely north of$6 million dollars, closer to $7 million probably, and that's on top of the $15 million, I think we've already invested in Virginia Beach. Mr.Alcaraz: Any other questions? Commissioners,any other questions? Mr.Anderson? Mr.Anderson: I'm not sure who can answer this. It's probably a material, but in my business, I really haven't brought it up before, but repurposing the existing Rite Aid. If you look back, if you look not even on the elevation drawings, but the actual pictures, it's a very ugly building,and your revision of your elevation has done very little to make it look pretty again. Even if you paint it. Has there been any discussion on trying to do more than just paint the ugly block? That's the existing building. Mr.Van Bremen: We are open to any ideas that the city may have. We actually have done, in addition to painting, we've added the Nichi elements. We've added a tower on the one elevation to break up that long run of just split-face block. And in the front section there„those towers are redone as well. So,that whole center section on the top left-hand corner,that's all rebuilt, and we actually put that nice Nichi Hall on there along with the awnings over top of the doors, and then on the middle elevation there, that tower doesn't exist now. So, that's all being repurposed with the Nichi Hall, and we're open to additional ideas as well. Mr.Anderson: I just live very close, and we are in that area every day. Just, and it's just been,even when Rite Aid was in the building, it was just,their buildings are not a desirable look, and we're trying to make the shopping centers,the out parcel buildings look a lot better than they do exist now. Mr.Van Bremen: I appreciate that, and not to belabor the point, but that is the benefit of a CUP use here,right? There's some users that were coming in to literally slap a sign on the building. Mr.Alcaraz: Any other questions? Okay, thank you. You can be seated. Are there any more speakers? Madam Clerk: Joan Steele, followed by David Redmond. Mr.Alcaraz: Good afternoon. Ms. Steele: Good afternoon. Mr.Alcaraz: If you can just state your name for the record? Ms. Steele: My name is Joan Steele. I'm the Executive Director and Founder of Toby's Dream Foundation. So, you may not have heard of us, but we're a local charity serving local children. We grant them dreams for children with cancer and other life-threatening illnesses. Some of the dreams that we've granted over 650 in the last 15 years, Disney World, meeting Taylor Swift, going to NFL games,whatever the dream might be. So, in July, Green Clean contacted me to be a benefactor of the Shore Drive Grand Opening. Usually, these types of things may bring in $1,000,maybe $1,500. That grand opening brought in over$7,000 for Toby's Dream,which was huge for us. Last week, I got notice from the corporate office. They're giving us another$5,000. It's a great company. The Shore Drive location is a bright light. If you drive down Shore Drive, it has great curb appeal. The people are very very friendly. I have been honored to partner with Green Clean, and I hope that we continue that partnership. Thank you. Mr.Alcaraz: Thank you. Any questions? Thank you. Next speaker. Madam Clerk: Our next speaker is David Redmond, followed by David Johnson. Mr.Alcaraz: Hello,there,Mr. Redmond. Mr. Redmond: Hello, George. Good afternoon, Mr. Chairman and members of the Commission. Can I ask that staff leave that site plan up for me? Thank you. For the record, Dave Redmond, resident of Thurgood in District 9, Mr. Coston. I strongly support this application, and I know this use. Just this year,as this lady stated,Green Clean located at the corner of Shore Drive and Pleasure House Road, which I pass virtually every day, only minutes from my home, and it's a great improvement to that site. It's prettier with abundant landscaping and attractive signage, warm color tones, modern stormwater management. It's far more valuable, returning greater tax revenues to the city, and it clearly meets our residents' needs because it's always busy. Meeting public needs is sound land use policy,and we are talking about land use. This application promises the same benefits to the general public and the built environment,repurposing an older unattractive structure to the same public good. But here, the site plan is even more impressive. The improvement greater. The applicant has gone to extraordinary lengths. And what land use policy encourages ugly, vacant buildings instead? I have to admit, I'm baffled by the staff recommendation because it just seems backward. It says that this use, by virtue of being automobile-oriented, somehow violates the 2023 pattern book and the comprehensive plan in the suburban area. Well, suburbs have cars. It's almost the definition of a suburb. Holland Road is a four-lane divided urban arterial with 37,000 vehicles traveling on it per day. We're not in the wilderness here, and we're not abandoning the automobile anytime soon. How'd you get here today? Anybody not drive? Proper land use in the suburban area should encourage enhancement, beautification,and functionality of inherently commercial uses on these major suburban roadways, which Holland Road is, and which this application does. This redevelopment would create the greenest site on Holland Road. The greenest site on Holland Road. Can you imagine if every outparcel on Holland Road looked and functioned like that? What if the neighbors, Kentucky Fried Chicken, Hardee's, a bank branch, a gas station,Taco Bell, all looked like that? Can anyone seriously argue that the comprehensive plan's objectives would not be achieved? In fact, Green Clean's application today is one first step in precisely the kind of redevelopment, the comprehensive plan encourages in every suburban area throughout the city, including this one. As I said, I strongly support this application. We welcome any questions, and I thank you for your time. Mr.Alcaraz: Any questions for Mr. Redmond? None. Thank you, Commissioner Redmond. Any other speakers? Madam Clerk: One final speaker,David Johnson. Mr.Alcaraz: All right. How are you doing, sir? Can you just state your name for the record? Mr.Johnson: David Johnson. I apologize. My first time doing this as a citizen. Mr.Alcaraz: It's okay. Mr. Johnson: Mr. Chair,I brought some visual aids. I did not turn in my time. I apologize. I'm speaking from the position of opposing the concept of the car wash that is to be potentially developed here. Being a resident of the area, and I travel on it every day,there are, in a one and a half-mile range of this location, six car washes, to include a car wash facility within a third of a mile of this proposed location. And then another car wash facility within three-quarters of a mile that is of the same concept, the express wash concept. It's not an express wash. I think it's $7 Express Wash. It's not a Green Clean facility. As they stated,yes,Green Clean is a local company. However, it was acquired in 2021 by Express Wash Concepts,which is headquartered out of Etna, Ohio. So, it's a large company. They're medium-to-large in the car wash industry. They're not really a local company like they once were. They've sort of moved beyond that. The proposal talks about beautification, but doesn't talk about the infrastructure impact. A Rite Aid pharmacy in and of itself,or a retail space in and of itself in that area is very minimal use and very little stress on things such as water, sanitary sewer, traffic, and road usage. A car wash is going to increase your road usage, increase your sanitary sewer requirements, things of that nature. So, there are already issues with sanitary sewer in that area, and yes, the city is making improvements, but are we going to add to those sanitary sewer issues before we can get to that? So, I oppose it because I believe,one,we are served by the many car washes in that strip of Holland Road,and I don't see the value-add of an additional car wash for either Green Clean as a company, when they already have about, I think there are about six or seven in the Virginia Beach-Norfolk area. And it's just, it doesn't seem like it's the right concept for that corner. I think something else, you could have another auto-centric business, you could have another retail business, but I don't think that a car wash is what that car needs. Mr.Alcaraz: All right. Thank you. Any questions? Mr. Plumlee? Mr. Plumlee: I'm sorry. Do you mind repeating your name? I apologize. Mr.Johnson: David Johnson. Mr. Plumlee: Mr.Johnson, so you say you drive by that corner regularly? Mr.Johnson: Yes. Yes, I do. Mr. Plumlee: And do you live close by there? Mr.Johnson: I live at Holland and Rosemont, is the major intersection, nowhere near where I live. Mr.Plumlee: I see. And do you,what's your work? I apologize. Mr.Johnson: I'm military. Mr.Plumlee: So,you're military. Okay. Thank you very much. Mr.Alcaraz: Any other questions? All right,you can be seated. Thank you. Mr.Johnson: Thank you for your time. Mr.Alcaraz: All right, if I can have the applicants, is that it for speakers? Madam Clerk: There are no other speakers. Mr.Alcaraz: All right, if I can have the applicants come forward and rebut what was said, if you'd like. Mr. Van Bremen: Yeah, I think one of the things that oftentimes is misunderstood about by- right development is, yeah, it's certainly true that a drug store has much less impact on infrastructure than a car wash does,but the by-right uses,the spectrum of by-right uses goes from drugstore, car wash, and then you've got shopping centers and retailers that just generate a ton of traffic. So the impacts of a car wash are probably minimal compared to what the by-right uses are. One of the things, I'd like to just mention is that it is important to plan for redevelopment of the shopping centers that the pattern book talks about that. And we, Virginia Beach, has a lot of suburban shopping centers that are good candidates to be redeveloped at some point in the future. Approving this conditional use permit will not stand in the way of redeveloping the shopping center. The parcel exists. The building exists. The building will have to be purchased whether Green Clean owns it or somebody else owns it. I don't think approving this conditional use permit in any way sets back the redevelopment potential for Timberlake Shopping Center. I don't think that's gonna happen in our lifetimes. Anybody's lifetime in this building. That shopping center is almost fully leased. It is, in my view, a vibrant shopping center, and to think that it's going to be purchased and redeveloped even partially on the out parcels,I think it's not gonna happen anytime in the next couple of decades. Like I said, this may be different if that building wasn't there, and this was a vacant outparcel. There is, if you go to South Plaza Trail, there are a couple of vacant outparcels. I think that the staff's recommendation on those would be spot on,that you should not build an auto-centric building on a vacant piece of property. But this is not that. So with that, I'll say standby for any questions that you have. Thank you for your time. Mr.Alcaraz: Any questions? All right, thank you, sir. All right, at this time I'll close for discussion. Mr. Plumlee, your light's on. Mr. Plumlee: Yes, thank you. I can never say enough about this application. I think, first of all, this has resulted in a much better presentation than what we received initially, and the speakers were excellent. First, I want to say that I do listen to the staff, and I read their reports,and I follow what they're saying. I don't ignore it. I take it up. I look at it carefully. It's important to me to get their comments, and I respect their recommendation. It's way up there. Okay. I also have high regard for the person in the district,the member of this commission,whose district it is. And in this instance, Mr. Parks has been supportive of this project, and I give that great weight in my mind as he resides in this district. He knows this district better than I know it, and he has an understanding for its needs. We're going to have an expansion of this roadway. There will be no pedestrian high activity along a six-lane road. It will not happen in the future here. If the building remains empty, there will be a blight. But, if we allow this private industry to beautify this site with an attractive building,we're going to see an economic revitalization of that corner,and it will lead to improvement of the shopping center. We have residents asking us now to approve this,but, before,there was no one speaking up. Now, we have folks writing letters of support, including the owner of the shopping center. We've heard about the ecological value of the business model that they improve the water quality. We've heard about the complaint about competition, but if a business owner believes that their sufficient business, I'm not in a position to say that their dream should be put on hold. They are willing to make a very high,you've heard this,almost$6 million- dollar investment at this location in our city. It's a very unique business model that allows advancement. I could go on about the commercial pattern book, but you heard me this morning talk about it,and this is not about redevelopment. This is a project to reuse the site. The applicant's representative, Mr. Palmer, pointed out that there are a lot of by-right uses. They don't have to come here before us. That will make none of these plantings, none of these improvements at this location. So,we will see this continue in its current mode as long as it's used as a by-right. I think this conditional use permit gives us the ability to control this site that we currently don't have,and this is an excellent application that will increase the tax revenues of the city. So for that reason, I'd like to make a motion when appropriate. Mr.Alcaraz: Yes,thank you. Right now,I'd like to hear from Mr. Parks, and then Ms. Hippen. Mr. Parks: Yeah. I would just, as Commissioner Plumlee mentioned,this is my district, and I was supportive last time and will be again. I just think that we don't want blighted buildings anywhere in the city. I agree that the pattern book says that it needs to be an outparcel that for a future shopping center could possibly happen. But as mentioned previously,this doesn't stop that from happening. It's just a use that can happen in the interim, which I think, as mentioned, we asked for some more community outreach. The applicant went back and got it. We asked for some site improvements to make it a little bit more walkable for some of the surrounding neighbors. I just think this is a good use of the land that is currently not being used, and is a great application that has gone through multiple iterations. So, for that reason,I do support it. Mr.Alcaraz: All right,thank you. Ms. Hippen? Ms. Hippen: Since you called me out at the beginning of your presentation, I do want to commend you for a much better presentation this time. That is not the district I represent,but I'm a frequent flyer in that area, as my favorite nephew lives right around the corner. When I talked to him about it,his response was,"Another car wash?" I admire the technology that you have with the environmental impact that you mitigate. I still question that we've been brought back, and it seems like a lot of boxes have been checked. Okay. I was the one that said, "What's going on with this? Talking to the community." Okay, I got a lot of, we've got this data and that data, and no one in the community had been talked to. It amazes me that the only citizen who lives in the immediate area that came to speak speaks in opposition. I think you have a good business model. I really do. I just don't feel that it should go there, and for that reason, I will maintain my non- support. Mr.Alcaraz: All right,thank you. Any other commissioners? Ms.Byler? Ms.Byler: This is a difficult application for me. I've given it a lot of consideration this time, as I did when it came before us previously,and I understand why it's back because of City Council. I struggle with it because of the same reasons that were presented by staff, and that is this is an aging site. It needs to be redeveloped in a way that is in accordance with our comprehensive plan, and that is neighborhood concentric. My concern is that this isolated outparcel is not neighborhood concentric in any regard, and if you were redeveloping the whole shopping center now,this is not what would happen there. I also respectfully disagree with those who said that no one's going to be walking by there. One of Virginia Beach's finest and most used parks is only about a half a mile away, if that. Mount Trashmore is important. There's a big walking path there. There are all kinds of play opportunities for children, and I do see this being on a way there from the neighborhoods to the park. And, for those reasons, and the many reasons that staff cited, I will support staff's recommendation not to approve the application. Mr.Alcaraz: All right,thank you. Any other commissioners? Ms. Cuellar: Yes,so I've been thinking a lot about this application,and I'm just going to say that it's not as complex as I thought it was. One of the greatest takeaways that I've learned today is that not all car washes are equal. I do agree that we have a saturation,but I wasn't really impressed with the presentation, and particularly the investment in the people. We're creating 10 new jobs. We're creating opportunities for individuals to grow. We have a workforce development issue here in our city, and I'm willing to take a chance on this, and I'm going to be supporting it. Mr.Alcaraz: Thank you. Mr. Coston? Mr. Coston: Yes, I take what staff has to say into great consideration as well. But, we're appointed here because the comprehensive plan is not a law. It's some guidelines to a place we want to be, and can we get there? Who knows? It may take a long time. Many of us might not live to see some of the things in the comprehensive plan. But this property, which I think if we were to sit vacant would hinder whatever might else happen in the area. A vacant building just sitting, and it's very prominent because it's on the corner. So, I think we should, I'm going to support it because what we want ultimately is way at the top,and we have to grab sometimes what we can,because nobody's paying for this except for a new developer. The city is not going to pay for any of this. And, the things that do get done a lot of times get done by grants, and it takes a long time because grants usually don't provide enough money to do what you really want to do. So I'd like to support. Mr.Alcaraz: All right. Thank you. Mr. Mauch? Mr. Mauch: I'd just like to make a couple of observations. I think,first, Green Clean should be thankful for the consideration of investing in Virginia Beach. I think they have a wonderful product. I think it's a wonderful business model in this time that we're in right now,being able to repurpose and use an adaptive reuse of a business that we see are vacant on a few corners. It's very timely with the Rite Aids going out and them being able to use and utilize that space. I think it's wonderful to see a business that gives back to the community. I think that's huge. And,to the speaker's point about car washes,there are quite a few car washes, but I think in my observation, and we don't,as a body,we're not looking at our,that type of stuff. We're looking at land use,not necessarily what everything else goes into it. As far as giving back to the community, and how many jobs it's going to create,I do think that's going to be a wonderful argument going to Council because that's something that they should consider. I don't know if this body needs to be considering all of those factors. We need to take a look at what the current zoning for the land is, and does that fit that, and if not, then they're asking for a conditional use, and would this suffice for this corner,what they're trying to do there? And I'll leave my answer up to the vote,but I just want to make sure that we're continuing to narrow down what our scope is, and then when we move it to the next, whether it's approved or denied, they get to look at it from a broader angle. So,those are my comments. Thank you. Mr.Alcaraz: Thank you. Any other comments? If not, I have a motion by Mr. Plumlee. Mr. Plumlee: If I can, I'll go ahead and make the motion. For all the reasons I've stated, I move that we recommend City Council approval of the application. Mr.Alcaraz: All right, I have a motion. Second? Mr.Parks: Second. Mr.Alcaraz: Second by Mr. Parks. Any discussion? Any abstentions? None? Votes open. Madam Clerk: By a vote of 7 to 3, item number six, Green Clean Holland, LLC, has been recommended for approval. Mr.Alcaraz: All right, thank you. Vote Tall AYE 7 NAY 3 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach,VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road,Virginia Beach,VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet.This shall be reviewed as part of the site plan review process. 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. ADDRESSES FOR GREEN CLEAN HOLLAND SIGNATURES: • MARK LARSON o 4105 ACE COURT APT 102 • JAVON, TONY, & TRINITY COLLINS o 4213 MATCH POINT DRIVE APT 101 • TONYA AND STEVE LETOURNEAU o 3869 FOREST GLEN ROAD • SHERRY AND FRANK CORRARO o 3873 FOREST GLEN ROAD • AL LEWKOWICZ o 4105 ACE COURT APT 202 • LOGAN ABLANG o 4124 SHORELINE CIRCLE APT 217 • ANGELO CASTORANI o 4124 SHORELINE CIRCLE APT 217 • HEATHER WITHERINGTON o 713 MATCH POINT DRIVE APT 202 • BERKE INAN o 713 MATCH POINT DRIVE APT 202 Kathy Warren, Director 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 Dear Director Warren, Thank you for considering our input on the proposal by Green Clean Express for a new car wash location at 4245 Holland Road. As a nonprofit organization dedicated to assisting military members in their transitions to civilian careers,The Honor Foundation (THF) has significantly benefited from the generous support and community advocacy provided by Green Clean Express. Through their outreach efforts, Green Clean Express raises critical funds and enhances awareness of vital community programs that uplift the Virginia Beach area. Green Clean Express has become a valued community member by actively supporting local nonprofits, hosting fundraisers, and championing charitable causes that benefit a wide range of individuals in need.Their commitment to Virginia Beach is evident through their partnerships with organizations like ours, helping bring visibility and resources to important local missions. This unwavering community spirit makes Green Clean Express an essential contributor to our region's growth and well-being. We believe that Green Clean Express wilt be a valuable addition to the District 10 community.They will offer employment opportunities, support local charities, and provide an affordable and much-needed service to the area. Their presence will undoubtedly contribute to Virginia Beach's overall positive development. We strongly urge the Planning Commission and City Council to approve Green Clean Express'application for the 4245 Holland Road location. Thank you for your continued service to the Virginia Beach community and for considering this outstanding community- minded business. Sincerely, Bob Newman, SEAL Master Chief(Retired) Director of Virtual Programs The Honor Foundation H A M P T 0 N R 0 A D S CHAMBER 101 West►AaS Street Means Business Suite 800 Norfolk,VA 23510 757.622.2312 Ham ptonRoadsChamber,com Wednesday,November 20, 2024 Members of Virginia Beach City Council 2401 Courthouse Dr. Virginia Beach, Virginia 23456 RE: Green Clean Auto Wash -Holland Rd - CUP Members of the Virginia Beach Planning Commission, I am writing to you today to express support for the Green Clean Auto Wash Conditional Use Permit request on Holland Road. We believe that Green Clean Auto Wash has come up with an inventive approach to redevelopment of one of the many vacant box pharmacy buildings.Not only does it provide a new amenity for residents in the area,it is doing it in an environmentally friendly manner. It is small businesses like this one that make up the backbone of our local economy and contribute to the support of the locality in which they are located. It will also enhance security in the area by using what is now a dark vacant building and creating a well-lit corner with a thriving business. I am hoping that you will see the benefits of approving this Conditional Use Permit for Green Clean Auto Wash. I know they will be a good neighbor for the area and positive addition to the business community in Virginia Beach. As you know,the Hampton Roads Chamber represents over 1,200 businesses in the region with over 6,000 members. This is a necessary improvement to the transportation network in the region to continue to support the business community. If you have any questions or need additional information,please contact me at bkstephensahrchamber.com or 757.664.2535. Sincerely, Bryan Stephens, President and CEO Hampton Roads Chamber cc: BROKE REALTY GROUP August 20,2024 City of Virginia Beach City Council Municipal Center Building I j 2401 Courthouse Drive Virginia Beach, Virginia 23456 Re: Green Clean Holland, LLC("Green Clean")Use Permit Application for 4245 Holland Road,Virginia Beach,VA("Property") Dear Members of the Virginia Beach City Council, Pembroke Realty Group ("Pembroke"), as the property manager of the Timberlake Shopping Center, submits this letter in support of Green Clean's use permit application and its plans to redevelop the Property into a state-of-the-art car wash facility. The Property is the former site of a Rite Aid pharmacy but currently sits vacant. The Property is an outparcel to the Timberlake Shopping Center and sits at the lighted intersection of Holland Road and S. Plaza Trail. The Property is the second vacant outparcel to the Timberlake Shopping Center joining the parcel to the northwest of the Property that was vacated by a bank. The economic health of the Timberlake Shopping Center depends in large part on maintaining business activity on its neighboring outparcels. Allowing two of the four outparcels to remain vacant,particularly along a highly visible road, can generate a perception of and cause a real decrease of business activity at the Timberlake Shopping Center and the adjacent businesses. In the current economic environment, the redevelopment project that Green Clean is proposing is a welcome opportunity for the Property and the Timberlake Shopping Center to ensure increased 4 business activity and curb appeal. Therefore5 Pembroke respectfidly requests that you vote to approve Green Clean's use permit application and allow the Property to be revitalized. Sincerely4eEd h Agent for ON r Vice Pres' ent roperty Management&Facilities 4433 Corporation Lane, Suite 250 - Virglnla Beach, VA 23462-3355 - 757/490-3141 - www.pembrolterealty.com I August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the �4u d sd k "W X in close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the I kV� t n LS.^d8VL din close proximity to Holland Road and S.Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash wilt be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the dV-12-4 A:�i s in close proximity to Holland Road and S. Plaza Trail from the site that Green Ctean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash wilt be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash wilt be better than an empty building,which we are seeing more and more of within our area of the City. ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, f ' August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the Aspen Apartments right across S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid and I attended the community meeting that Green Clean conducted on June 17,2024.The proposed carwash will be an amenity for us as multi-family residents of Virginia Beach.Also,the proposed carwash will be betterthan an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, i''`brk Larsar� August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject: Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the ASG4vt P'OG r K&E[S in close proximity to Holtand Road and S.Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the Aoft.I(Af- n e(6) in close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, Lo Akl August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I live in the 1 v' k,"n close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members 1 live in the Van Z-I W.00&in close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. I ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely; August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members 1 live in the hS Pe,4A hPUAMC41 S in close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia Beach.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. i ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sinc ely, V Y_/ August 9,2024 City Council of Virginia Beach 2401 Courthouse Dr Virginia Beach,VA 23456 Subject:Green Clean car wash proposal Holland Rd. Dear Mayor and City Council Members I Live in the j TJj'4 M AQA IKI 5 in close proximity to Holland Road and S. Plaza Trail from the site that Green Clean Auto Wash proposes to build a carwash as an adaptive reuse of the current vacant Rite Aid.The proposed carwash will be an amenity for us as community residents of Virginia beacn.Also,the proposed carwash will be better than an empty building,which we are seeing more and more of within our area of the City. 1 ask that you approve the Green Clean proposal at the Timberlake Shopping Center. Sincerely, A1�2 B2CC?, B2 e A 1�2 Al2 A;1�2 O , 01 01 0202 B2 B2 N ® site Veonca Evans W E Property Polygons 5317 Canterford Lane S Q Zoning Building Feet 012.825 50 75 100 125 150 I g ��� ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VEONCA EVANS [Applicant] QUAN M LE & NHI HO [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 5317 Canterford Lane (GPIN 1465371567). COUNCIL DISTRICT 7 (Jackson- Green) MEETING DATE: January 21, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within a townhouse in the Mears Corner neighborhood. The 2,080 square-foot townhouse is located on a 2,598 square-foot parcel within the A-12 Apartment District. The proposed hours of operation are 6:00 a.m. to 6:30 p.m. Monday through Sunday with staggered drop-off and pick-up times to avoid traffic congestion. The applicant also seeks to provide late night/overnight care for a limited number of children when necessary. The final number of children will be determined by the Department of Education. An outdoor play area for the children is located at the rear of the site. ■ Considerations: The request for Conditional Use Permit for a Family Day-Care Home is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area and successfully promotes the policies intended to ensure the maintenance and substantiality of great neighborhoods. In Staff's view and the Planning Commission concurred, the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. At the Planning Commission hearing, there were three speakers in support of the request and one speaker in opposition of the request stating concerns regarding a possible increase in traffic associated with the proposed use. ■ Recommendation: On December 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. Veonca Evans Page 2 of 2 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 4. The final number of children permitted to stay overnight at the Family Day- Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines. 5. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. 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 house as a Family Day-Care Home. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1 Submitting Department/Agency: Planning Department City Manager: /V Agenda •• Veonca Evans ••' i Nhi Ho Planning Commission PublicDecember CouncilCity / •• Project Details Request Conditional Use Permit (Family Day-Care Home) G Staff Recommendation , , LERD Approval Staff Planner �,►d"' " Madison Byrd Harris Eichholz 9 Location y 5317 Canterford Lane GP/N 1465371567 } """ Site Size 2,598 square feet f A/CUZ / Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Townhouse/A-12 Apartment 0% Surrounding Land Uses and Zoning Districts North Canterford Lane Shopping Center/ B-2 Community Business ` South ° ' •* � Office/0-1 Office r �I` East Townhouse/A-12 Apartment West Townhouse/A-12 Apartment Veonca Evans Agenda Item 10 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within a townhouse in the Mears Corner neighborhood. The 2,080 square-foot townhouse is located on a 2,598 square-foot parcel within the A-12 Apartment District. • The proposed hours of operation are 6:00 a.m. to 6:30 p.m. Monday through Sunday with staggered drop- off and pick-up times to avoid traffic congestion. • The applicant also seeks to provide late night/overnight care for a limited number of children when necessary.The final number of children will be determined by the Department of Education. • An outdoor play area for the children is located at the rear of the site. HistoryZoning Map Key No. Request 1 CRZ (R-5D to Conditional 0-1 Office) 8 Approved 10/11/1994 11 2 CUP (Mini-Warehouse) Approved 10/12/2004 i / Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR:Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • The request for Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion, consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area and successfully promotes the policies intended to ensure the maintenance and substantiality of great neighborhoods. Veonca Evans Agenda Item 10 page 2of12 A Family Day-Care Home with four or less children is permitted by right in the apartment and residential districts. When the number of children in the daycare increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Since the applicant intends to care for up to 12 children, a Conditional Use Permit must be approved by the City Council.The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process; however, no more than 12 children will be permitted. As mentioned previously, the applicant seeks to care for children beyond normal business hours. The final number of children permitted to stay overnight will be determined by the Department of Education, as recommended in Condition 4. Staff is also recommending a condition that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way. Additionally, Staff recommends Condition 2 to limit the number of Home Occupations to one to further minimize traffic impacts on the street. In Staff's view, the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (121 children, other than children living in the home. 4. The final number of children permitted to stay overnight at the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines. S. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. Veonca Evans Agenda Item 10 page 3 of 12 9. 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 house as a Family Day-Care Home. 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 Information The Comprehensive Plan classifies this property as falling in the Suburban Area. While the Suburban Area should be residential focused the Comprehensive Plan allows non-residential uses that are classified as complementary to residential areas (p. 1-60). The use of an in-home daycare is seen as a compatible non- residential use for the Suburban Area. 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. Veonca Evans Agenda Item 10 page 4 of 12 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-10 ADT Canterford Lane No Data Available No Data Available Proposed Land Use 3-58 ADT 1 Average Daily Trips 'As defined by a 'As defined by a single-family house- 1 house -1 unit & unit daycare -12 children Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Canterford Lane is not included in the Master Transportation plan and is not slated for any Capital Improvement Program projects. Public Utility Impacts Water&Sewer This site is connected to City water& City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 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 December 5, 2024. City Council • As required by State Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 7, 2025 and January 14, 2025. Veonca Evans Agenda Item 10 page 5 of 13 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the City Council's public hearing on January 6, 2025. • 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 January 17,2025 Veonca Evans Agenda Item 10 page 6 of 13 Proposed Site Layout R r .. �x rt. TiLF1. a R ; F e ,4, v �` - r+ r 4 i, AN z Veonca Evans Agenda Item 10 page 6 of 12 Site • • - y v as �, A 1 1 � 71 i ■ _ w ~ ow Veonca Evans Agenda Item 10 page 7 of 12 Site • • r 738�443 i _ L `1 IIN ti Veonca Evans Agenda Item 10 page 8 of 12 Disclosure DisclosureVIRGINIA BEACH The desrlosurei contained in this farm are necessary to inform public offctuis 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 ah applications that pertain to City real estate matters at to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or SECTIONDISCLOSURE APPLRt AN1 INFORMATION Applicant Name: n5 on appltcahon Veonca Ears Is Applicant also the Owner of the subject property? YC42NOE If r ;TION 2 PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yea NO® If y s.nontr Rcioresentot've. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Ye911M ej k-;,i!A tnr iiwjxrc of Oi'uj�icrt�,dut=€tvl),tilt rti J.rt r5,W tsu.>Icci&e'okt Asill lius+rredits Drat have a Parent-subsidiary,t or affiliated business.entity t relationship with the applicant.!Attach list if netessory,l Does the subject property have a proposed or pending purchaser? ift—EF o 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 int r st in the subject land or any proposed development contingent on the subject public action? Ye: No APPLICANT SERVICES OISCLOSURE READ:i he Appletant must certify whether the following services ore bring 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 irdrv1dU,7f providing such services must be identified.(Attach list if necessc t I SERVICE YES NO SERVICE PROVIDER (Name entity andfor individual) Financing Imortgage.dted5 of trust,` cross-collaterahtation,etc.! M Real Estate firuker/Agent/Realtor Oisc?osite Sidternert I iev M d y 2p24 page 1 of 3 Veonca Evans Agenda Item 10 page 9 of 12 Disclosure SECTIONAPPLICANTDISCLOSURE SERVICE, YES NO � :SERVICE PROVIDER _ tName entity ondjor individual) Accounting/Tax Return Preparation I t=1 Architect/Resigner/landscape Architect/tand Planner C0tT5ttUCtipn Contractor FQ i E ineer/Surveyor/Agent tJ a legal Services APPLICANT CERTIFICAT10N READ:i certify that all irtformavon contained in this forms carnplete,true,tend accurate..1 understood that, upon receapt of notification that the apph(;ation has been scheduled for public hearing,t om responsible for updatintu the information provided herein three weeks prior to the meeting of Planning Commission,, City Councti,VBDA.CBPA,Wetlands Board or any public body or committee in Connection with this application. Vaonca Evans UY23/2424 Applicant Name(Print) Applicant Signature Rate iIarent-suns 4otyr ti0n3hitr`w atts"o(otatiombip that exists wheyt one Corporation dirou4 or indirectly owns shares possessing more than at)percent of the Paling power of aanoltrer corpo€otion."See Stuts!and Loral Graver€rra,-rat conaflir r)j tntere5r,.Air VA (odr 5.2-310? 2'Affiliated business ent€lyreiorionship-means as retabonsh€p,other than parent-subsidiary relationship, that exists awn la}one iruxaaess cntity taus o coritavy:tr^y owri`.slug mtott'at crr the othcn b"Sows5 c airy,;,r) as rontrolling owner in'one entity is ak'n az controlling owner-n the other Rntrty,or(i,,r then,,°s shared rracaafaagement at control between the bus.,,loess cotitres.Foctoaa rival Ol'ou€?be i onsiclereu fit peteovinaity the eiiisterwnr of all raffrlroted bfrsrness entity rrtoflerrtsh r include that the same gersorf or stsbsttritV ally the same person own or manage the two entrtws there are common of cvmmingieri juntls or assets;the busanssr emit es tlaore the use of the some cf/:ces car em piayrei or otherwise;shore ucti&es,resources Of persa oriel on a regular basis,or there is otherwse a close working relationship betsreert rifle ent ti#m e Spate and local trnvrer=,mrn( nn6f r of i nt€Hr€is Art Vo.Cr�rfe•+� �„�>?FtII. FOR CITY USE ONLY. No changes as of(date) 01/07/2025 Madison Eichholz 01/07/2025 Staff Na=ne(Print Date Diseloaure Statem€,n' ; rev '! :'. page 2 of 3 Veonca Evans Agenda Item 10 page 10 of 12 SECTIONDisclosure Statement - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name; as listed on appli... t, Quart Le Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes --�Noti; if yes,list the names of oil officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity z relationship with the applicant. (Attach list if necessary.) F I Does the subject property have a proposed or pending purchaser? Yes(,-_',' No if yes,name proposed or pending purchaser: _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public a(tion? Yes ._ No if yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor �. Accounting/Tax Return Preparation Architect/'Designer/Landscape -, Architect/Land Planner ' Construction Contractor Engineer/Surveyor/Agent �— •' I , 771- Legal Services 4..% PROPERTY OWNER CERTIFICATION READ.l certify that all information;contained in this form is complete,true,and accurate. t understand that upon receipt of notification that the application has been scheduled far public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetland's Board or any public body or committee in connection with this application. Quan Le 10/25/2024 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement rev. May-2024 page 3 of 3 Veonca Evans Agenda Item 10 page 11 of 12 • 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. Veonca Evans Agenda Item 10 page 12 of 12 Virginia Beach Planning Commission December 11, 2024 Public Meeting Item 10 Veonca Evans Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Alcaraz: All right, thank you. Next item? Madam Clerk: Item number 10,Veonca Evans. Mr. Alcaraz: Hello. Ms. Evans: Good afternoon, Vice President, Chair, and Board, this is my first time, so forgive me if I've said it wrong. Mr.Alcaraz: It's all right. Just state your name. Ms. Evans: I am Veonca Evans. I am the owner of Footsteps Child Care. Mr.Alcaraz: Okay. Just state why you're here and what your application is about? Ms. Evans: It is about a conditional use permit to have over four kids in a residential area. Why everyone was going, I was practicing what I was going to say by starting by telling you why this daycare is needed. But I wanted to tell factors of it. I'm from Miami, Florida, not the best area. When I got into the child care field over 20 years ago, I've seen a lot of things that you don't usually see in daycare. So, when I decided to open my daycare, my biggest concern was safety, protecting the kids,making sure areas that we were in, if anything did happen, it wouldn't happen at my daycare. So, in the process of me being in Carriage Mill,which has been almost a little over seven years, I have talked with the community. I've also left it open for anyone to have any concerns because I am on a front street,which since they have added a light,there is a significantly amount of traffic that does come through,and I wanted them to know how I was doing to protect it. So, I have reached out to neighbors that are on the front street for permission that if need be, parking spaces that are needed. I've spoken with both Truist and the storage unit who have granted me permission for six parking spaces if needed for any reason, if my driveway or my neighbor's driveway isn't clear. I've also spoken with the storage who approved also for parking spaces. I've also brought my daycare's policy,and one of them in our contract,which has to be agreed upon or they will not receive service, is about the policies for pick-up and drop-off. It's usually at the door so we can be in and out. Parents are required 15 minutes out to send a text so that the child is fully prepared, and we can move it swiftly. For any reason, if there is a concern with the child that is going on, and they need to meet with me, it is scheduled after 5 o'clock when daycare hours are over, so that they're able to pull inside the driveway. And,we make sure about the blocking. I do know, I was able to talk with a few board members on the HOA to just basically get their support and ask that was there anything that they were concerned about, and the majority of them were okay with that, as long as neighbors were okay with us utilizing other parking spaces. But like I said, we've been there for quite a while. We've never had parking issues. Actually, a lot of the HOA members were not even aware that I had been there that long. I also provided pictures on the times that I would say that the road is most congested. It would be between 7:20 and 7:30. That is when the elementary school bus actually comes in. Oh,that's the one that comes in on that middle street to show that they've done a lot better with parents not blocking it. Not sure if they have that one,but I also brought it in. The next time traffic would be congested is roughly around 2:52 to 3:15. That is when the elementary bus is bringing the kids back in, and that is showing bank parking lot, my front parking lot, and also down. The next time is roughly 5 o'clock,which is rush hour traffic,and it is people coming in from that middle intersection. My two vehicles are not in my driveway doing my work. I was there in the bank's parking lot, so that I do not openly have two parking spaces. The neighbor beside me with the white SUV,her vehicles are not usually there. I also have permission for that one, and then the house on the two houses on the opposite side of me,they tend to be home throughout the day,but I do have access to each of those parking spaces as well,to make sure that, I make sure the road is not congested, and that is everything. Mr.Alcaraz: All right,any questions? Ms. Hippen? Ms. Hippen: So, I don't live very far from you, and I'm very familiar with that traffic light that they put up, and I was very thankful when they did it. You've been,you said you've talked to the HOA. Ms. Evans: The actual president. They actually scheduled a meeting that 1 actually requested to be present. I was not because I was out of town, but if my understanding,there are five members on there, two were for it, one was opposed, and then the other two were opposite of it. But I'm one of the board members, I've kept their child, so they're very much aware of how long this daycare has been going, and I'm kind of popular in the community as the "blow-up house lady," because I always keep the yard decorated throughout the community, and a lot of the kids come over during the summertime because we have like after-school events for the bigger kids. That's just my way of giving back. Ms.Hippen: So, how long have you been doing a daycare? Ms. Evans: In Virginia, I've been doing it since 2013. Ms. Hippen: At this location? Ms. Evans: At Carriage Mill, I have been doing it since 2016. Ms. Hippen: Okay, so you've been there, so this is not initial, and you explained the parking. Those were the questions that I had. Mr.Alcaraz: Okay. Mr. Parks,did o you have one? Mr. Plumlee? Mr.Plumlee: So,what gave you the idea that you needed to increase the number of children that you're serving? Ms. Evans: I am actually in the process of going through a contract with the navy as well social service. So,the numbers would need to go up. Mr. Plumlee: Thank you. Mr.Alcaraz: Any other questions,Mr.Anderson? Mr. Anderson: We discussed this earlier. There is a picture of the backyard, the back deck, the back deck. But it doesn't really show a lot of recreation area. Ms. Evans: So for that one, I actually made a huge investment on this property. So it is a tri- story. I personally having kids,did not feel it was safe to have kids traveling down the stairs. So, that is a model of what I have done. I had the deck completely extended. I've had the fire marshal out to determine roughly eight kids can be on there at one time, but I stopped them from going down the stairs. So it would be a little bit more safer. And, then usually it's me and my staff. I have another member, so we rotate who goes in and out, but it was just worst case scenario. Something's burning in the house, and I need to shut it off. If I have eight kids, I cannot run eight kids up the stairway. So,we just did a second level expansion to the deck so that we're all literally on one floor. Mr.Anderson: Thanks. Mr.Alcaraz: All right. I think we have a speaker, correct? Madam Clerk: Yes. Mr.Alcaraz: Three speakers. Okay. We'll call you back up after we hear them. Thank you. First speaker. Madam Clerk: Our first speaker is Cynthia Meyer, representing the Carriage Mill's HOA. Mr.Alcaraz: All right. So, she has 10 minutes, correct? You have 10 minutes. Just state your name. Ms. Meyer: Okay. Thank you. I'm a board member of Carriage Mill Homeowners Association, and one of our key concerns is parking. The units have two spaces, and guests usually park at the end of the driveway, with part of the vehicle sticking out. Parking is a concern, especially on the Canterford Lane entrance. In addition, at that light, only three cars can exit at one time. There's also increased drivers on Canterford Lane from the people exiting the adjoining commercial businesses onto Canterford Lane, and when they do this, there's not even a stop sign, so you just hope that they will stop and go through. Due to congestion, traffic congestion, there was an accident a while back involving a bus at the intersection of Canterford Lane, and where the adjoining properties go through. Another issue of the traffic is not that long ago, I was going out of Carriage Mill, and there were cars parked on both sides, and a car came towards me. Most people pull over to the side,and he was just speeding right along,and I was lucky that I wasn't hit. There's 121 units in the community, with more than one car per unit that are coming in and out through the day, but more so after working hours. Staggering and not pick-ups and drop-offs, increase activity at the entrance of the community,and negatively affects the community members. It produces traffic congestion at the entrance of the community,barely enough room for the school bus to pass,and no available parking. The added traffic causes an inconvenience to all community members. All homeowners are provided HOA governing documents, and these must be provided to all tenants. The rules and regulations are available for all to see on our website. They should have reviewed the governing documents for any restrictions, which they clearly did not, and the homeowner rented,let alone allowing tenants to run a business and violate many other homeowner rules. The sign, I guess, the City of Virginia Beach issues a sign when you're going to have a planning commission hearing. This, I believe, is supposed to be put in sight for everybody going by. This was not done. The sign is on a board, it's down at the bottom by the ground, and it's covered by inflatables. So people in the community cannot see them, thus are not aware of what is going on. The tenant has three black bins for trash in the front of her house, and just curious if the number goes from 4 to 12,how many more black bins are going to be there for the trash pickup, and our homeowners association does not allow them to even be visible in the front. And,then the last thing is,the person presenting to this hearing is not the owner,but a tenant. The owner did not submit a request to rent his property, nor let alone a request for the board to allow the tenant to conduct a business from the home. Carriage Mill opposes this request doing for the traffic issues, which, when some houses, when I moved in, people had like two cars. I know some units that have four or five;you can get to on the driveway without interfering with the street,but it's just an overload of cars, and even though they're staggering, it's still,when the people come by,that's the area where they're exiting it out. Thank you for your time. Mr. Plumlee: Hold on. I just want to make sure. I didn't not get your name? Ms. Meyer: Cynthia Meyer. Mr. Plumlee: Ms. Meyer, and you reside in the subdivision? Ms. Meyer: Yes, I do. Mr. Plumlee: Were you aware prior to the request made to the board of the services being provided? Ms. Meyer: No, we were not. We were kind of blindsided. The only way I found out is that I saw a sign in her front yard with some items covering it,and the sign was down,basically touching. I had to get up to see what it was. We were not told by the owner nor the tenant that this issue was going on. If we had not seen the sign,we would not have known. Mr.Plumlee: So,you saw the sign for this hearing is what you're saying? Ms. Meyer: Yes. We knew nothing else. Mr. Plumlee: And you're saying the board had not been contacted by the applicant? Ms. Meyer: Prior to that, no, she has not. I think what she might have been talking about, I got a text yesterday, and I couldn't, they were talking that the tenant wanted to have a meeting. But other than that,I don't know of any meetings that were scheduled. There was, I don't know of any votes that were held. I was not given that information. Mr. Plumlee: And, I just want to make sure I understand because you named a number of objections,but it sounded like the board's objection is over traffic. Is that fair? Ms. Meyer: Yes, it is. Mr. Plumlee: And that's at the intersection. Ms. Meyer: That's a whole thing, but basically for where that unit is, it would be from Kempsville Road to where the storage facility is. That's the biggest one. That's where the bus had an accident, and it's just very busy. Mr.Alcaraz: Okay,thank you. Ms. Hippen? Ms. Hippen: Okay,you're stating that this is not the owner of the property? Ms. Meyer: No, it is. She is not the owner. Ms. Hippen: Okay. Now, we've got conflicting because she says that she had a meeting with you guys and you did not. What is your position on the HOA,just out of curiosity? Ms. Meyer: I'm a board member. There were four board members that were talking,and I don't know if this happened. I got a text saying that she wanted to meet with us. I had other things that I couldn't make that yesterday, and I didn't hear anything back. But prior to that,the key thing is that the owner never addressed it. It should have been addressed to us first by the owner that this was coming about, not the tenant. I believe he's, I believe he signed off on it on some document. Ms. Hippen: And your HOA is a binding HOA? In other words,your rules are enforced? Ms. Meyer: We try to do it the best we can. As with all homeowners associations, it's hard to get people to get enthusiastic about being on the boards,and a lot of it is enforcing documents and rules, and it's not easy. Ms. Hippen: Okay. So, I want to hit on the traffic issue because I'm very familiar with that intersection. I have walked up there. I've driven through, and I know about the cut-through. That's how I go to Brewster's, guilty as charged. The cut-through, in other words, coming into Canterford and going behind Walgreens and coming around to go to Brewster's. I haven't been to Brewster's in a while. So, she's saying that she's got permission to park over in the parking lot or to use the parking lot, and you're saying that parking is not. Let me pose my question. Okay. You're saying that the traffic is a problem. Is the traffic from her business the problem,or are you stating that traffic is an issue at that intersection? Because I would, now, I don't live there, but I do live in the area, and I know that traffic is an issue at that light. Ms. Meyer: Traffic is an issue for all of Carriage Mill. What makes it worse is the people coming in or going out through those businesses, and also will be increased because the cars are having to stop at the front. Especially on trash day,we put our trash bins out the night before;they have to stay there till, and waste management schedules can vary. So, in other words,you've got, it could be there till the end of the day when trash gets picked up, and you can take them in. So, then there's no place to park in front of her place to pick up to her. I don't know where she's talking about the park. I'd be really curious about where that is. Ms.Hippen: She stated that the storage place,and the bank told her she could use parking places there. That's why I'm asking,are the traffic congestion issues because you only have one ingress and egress from your development,or is it because of her business? Ms. Meyer: It was there before,but it's going to possibly be enhanced by the cars starting in the morning to park, pick up the kids, and the cars are going out. There's just not that. It's not the space. Ms. Hippen: Oh, I know, and I know people park on both sides. Okay. Thank you. Thank you very much for your answers. Ms. Meyer: Okay,thank you. Mr.Alcaraz: Yeah, I have a question here. Ms. Byler? Ms. Byler: Quick question. First, thank you for coming. Are you here as an individual who lives in the neighborhood,who happens to serve on the board,or are you here in an official capacity representing the board's position? Ms. Meyer: I'm in an official capacity with the board,which is why I was given the 10 minutes. I've lived there since 1986. I've seen the growth of units and people, and again,just that day that I thought I was going to be hit,I was getting ready to call the police and do something. Ms. Byler: But did the board address this issue and ask you to represent them here? Ms.Meyer: Yes. Ms. Byler: Okay,thank you. Ms. Meyer: It was,the issue was, I did have, we all talked about it. A lot of them are working. and I offered to come, and we all got together on what I would be saying. So, it was a mutual decision of all of us that are opposed to that. Ms.Byler: Thank you. Mr.Alcaraz: All right. Mr. Mauch? Mr. Mauch: Did the board take an official position as to support or oppose? Ms. Meyer: I'm sorry,what was that? Mr. Mauch: Did you take an official vote to support or oppose, or was this just the people that had like-minded on the board asking you to speak on behalf? Ms. Meyer: We all agreed. And that's all I can say. We all agreed. Mr. Mauch: Quick question for you. HOA rules,we don't take into consideration anything. Ms. Meyer: Okay. I knew that the homeowner's rules might be an issue,but I just thought that it would be helpful to see the whole scenario, that we do have rules and guidelines for purposes, like every homeowner's association does. We have those advertised,and we hope people will pay attention to those. And again, in this situation,the owner, who doesn't live in this area,just made decisions. Mr. Alcaraz: All right,I have one more question by Ms. Hippen. Ms. Hippen: Okay. I want to make sure that we're perfectly clear. So,you are a board member for the HOA? Ms.Meyer: Yes. Ms. Hippen: And you said that you were not there when the other board members met, but that you all talked and agreed? Ms. Meyer: I don't know if there was a meeting. I do not have any text or email saying that one was held. I knew there was a text saying that she wanted to have one, but I didn't have anything. I didn't hear anything more, so I don't know if one was held. Ms. Hippen: Okay. The reason we're asking that question, okay, and I'm sorry, it's frustrating for you. I can tell. The reason we're asking that question is because there is a difference in if you are representing your personal opinion,or if your board actually took a vote and stated that we are against this. That's why we're asking the question, ma'am. And again, I apologize that it does frustrate you. Ms. Meyer: I can say again, we did not have an official vote. We all discussed about it. There were no negative opinions in the whole scenario. We all got together, tried to figure out what we can say, what we need to cover to state our fact. We weren't all in the same room. We've had many texts. It was a mutual decision. There were no dissents whatsoever. Mr. Plumlee: And that decision was amongst yours? Ms. Meyer: To oppose this, send a representative to the planning commission, and state our opinion. Mr.Anderson: This is getting more confusing as the minutes go by. And,I really think that there's a lot of questions that have not been answered and need to be answered. I don't know if we can, but I would ask for a deferral, so these questions could get answered. Go through the proper channels with HOA, the owner of the townhouse with the renter, and then come back in front of us if that works. Mr.Alcaraz: Okay. We have a couple more speakers, and then we have several more here too. Mr. Plumlee: No,I was just going to add that I think once the applicant has had a chance to rebut, it may be appropriate to discuss a deferral. But I think that's the point. Mr. Coston: I don't know. I've been hanging around here a while, but I thought we stayed out of it the issues between an owner and their owner's association. That's for them to handle. We don't have a thing to do with it really. Mr.Alcaraz: Okay. Thank you. Mr. Cromwell: Did I understand you to say that your homeowner's association forbid any businesses to be established in the units? Ms. Meyer: Yes,they stay,they don't,yes,against home businesses,and which include daycare. But that happened because the owner probably did not go through the proper channels. Ms. Hippen: I know for a fact that there are businesses in that development. That's why we're confused. Mr.Alcaraz: All right. We're going to move on to the next speaker. Ms.Eisenberg: It's not up to the Planning Commission to interpret the homeowners associations bylaws or anything like that. Any of their documents, the city is not a party. The city is not responsible for enforcing those, and it should be separate and apart from the decision that you make here today. Mr.Alcaraz: Thank you. Yes, go ahead. Ms. Bookholt: I also wanted to add that the property owner did sign off on the application that was filed with our office. So they are aware of the tenant's desires. Mr.Alcaraz: Thank you for clearing that up. Yeah, I think what they're saying that's between you and the homeowners,not for here. Mr.Alcaraz: Next speaker. Madam Clerk: Our next speaker is Larry McAdoo,followed by Sharon Mitchell. Mr.Alcaraz Good afternoon,sir. Will you just come forward and state your name for the record? Mr. McAdoo: Larry McAdoo,and I live on the same street that's under discussion. I've observed, I've been an observant member of the community out there ever since I had to have a house built because I ran out of my benefits from being in the navy 20 years. And there are safety issues in the traffic. I've watched, I've walked up and down the streets for several decades. During the presence of the company,I watched because I'm concerned about the safety of the children as well as the drivers and everything,and I've seen no traffic problems near her residence. Again, I don't live right there. I live, I'm the third unit in from that light that everybody is glad is there. And what I have seen is,let me ask a question. Does anybody know,does any special test made by the city in issues like this? Mr.Alcaraz: I don't understand your question,but we're asking you questions. You give us your statement on how you support it or you oppose it. Mr. McAdoo: What I'm saying is, I was just getting my breakfast a day or so ago, and four fire trucks marched in beginning to wherever they stopped, and it was not a problem. And what I'm saying is, the issue is so complex, and I've, it's been a long time since I've sat on the board of directors,and this is so complex that I would encourage letting it set a little bit till you can do more research. Oh,by the way,I didn't say that I'm a minister. So,now you know why I'm going back and forth with you. There is one area, if I may digress,there is one traffic area that I'm very aware of, and it's the traffic intersection that,yes,does go to Brewster's. Mr.Alcaraz: We gotta,I gotta end your conversation with us because we need to move on. You've extended your time. Sir, I got to get to the next speaker. Mr. McAdoo: Okay. Mr.Alcaraz: Thank you. Are you opposed or supporting? Mr. McAdoo: I'm supporting the applicant. Mr.Alcaraz: Thank you. Next speaker. Madam Clerk: Our next speaker is Shavon Mitchell,followed by Tanisha Skipper via Webex. Mr.Alcaraz: Hello. Just state your name. Ms. Mitchell: Yes, my name is Shavon Mitchell. And, I am the neighbor of Veonca. I live right next door to her. Mr.Alcaraz: Which side—left or right on the picture? Ms. Mitchell: Yeah, I'm with the white car. I'm in favor of the increase of children for her daycare. There are no significant traffic concerns in regards to her business. My driveway is open for the parents when they need to pick up and drop off the children. Also, they use the bank, and they also use the storage unit. And then we also have some side street parking that the parents use as well. I don't have any issues with any other parents blocking my driveway or blocking any of the other neighbors' driveways that live on Canterford Street. In regards to our homeowners association, I am a homeowner in the 121 unit. I own my home. I've been on the board. I don't recall any,unless they changed our bylaws,and I know you don't care about that,but I don't know anything about you can't have a business. We don't have a percentage of renters that we can have in our neighborhood, unless they have updated those bylaws, and I haven't received a copy. But as a homeowner, I was able to see her sign in her yard. So I know about this hearing. As far as our association, I'd never received any letter from our association. So, if they had a meeting, as a homeowner, I didn't get anything to go to a meeting to make a vote in regards to this. With 121 units, you have to have at least two-thirds of a vote from the homeowners to go with the board, and that hasn't happened. So,I'm in favor. I have no issues with our traffic. None of our neighbors on the street have any issues with the traffic in regards to the daycare. Mr.Alcaraz: Alright. Any questions. Alright,thank you. Madam Clerk: Our last and final speaker is Donnesh Skipper via Webex. Mr.Alcaraz: Hello. Can you hear us? Ms. Skipper: Can you hear me,okay? Mr.Alcaraz: Yes. Ms. Skipper: Hi, my name is Donnesh Skipper. I am in support of Ms. Evans operating her daycare and increasing the capacity of the children. I am her neighbor as well. I am two doors down from her. So,I'm on the opposite side of the red car in the picture. But I don't see an issue with the traffic, because living out in that neighborhood, there's an issue with traffic, and I don't see how there's any correlation with the traffic and her business. My driveway is also available for the parents to pick up and drop off if need be, but she runs it so clean and so smooth that I've never had to have a parent in my driveway. Again, like I said,just living on that street, there is a lot of traffic from people trying to cut through when they get off of work for the rush hour,and it's just the way the neighborhood is set up, but there's no direct correlation with the traffic and her operating a business, and I don't see how increasing children, having a few more parents or individuals out that neighborhood is gonna pose any additional threats or issues that aren't already there,again,unrelated to her business. Mr.Alcaraz: Alright,thank you. Any questions? Are you a homeowner or a renter? Ms. Skipper: I'm a homeowner. Mr. Alcaraz: Okay. And are you the other neighbor that has an agreement with her for the parking space? Ms. Skipper: Yes. Mr.Alcaraz: Okay. Is there a formal agreement? Ms. Skipper: There was a verbal agreement. Mr.Alcaraz: Okay. Thank you. Alright,thanks. Any more speakers? Madam Clerk: There are no more speakers. Mr.Alcaraz: All right. You can come forward,and please, if you can,go ahead and rebut on any opposition that was discussed, and then I'm sure the commissioners might have some more questions for you. Ms. Evans: Am I addressing you guys or...? Mr.Alcaraz: Yeah,you're talking to us. Ms. Evans: I first want to start by apologizing to the board if there was a misunderstanding, but if I'm not mistaken, the HOA president is, I don't want to say her name wrong, Stacy Evans. I have text messages that show when I originally applied for the conditional use permit, because I am a renter, I asked, would she kindly put together a meeting, so that I could personally address the HOA board so that if they did have any questions and concerns, I can basically do the same thing that I'm doing today,to show you and also take any input. Like,I said,I love the community. They have been amazing to me, and my biggest concern is having support. So, the meeting happened prior to this. That's how I'm aware of how many members were for it. I'm unaware of anybody disagreeing. Like I said, that is the president. I have our text log, and I was aware of which member I did reach out to, what she said, and wanted to speak with her. I did reach out to ask, would she be open to having a meeting with me so that, again, I can address anything, take any opinions. Like I said, if the goal is to make sure traffic does not escalate because of me and my business, I'm all for it. I love what I do. I've been in this business a while. I'm not your typical daycare. I provide live-in's,deployments,and a lot of parents that go through PTSD where sometimes they can just literally call in the middle of the night and have a moment and not have family, and I'm there for them. So, I'm open to the board if for any reason they want to add any suggestions. Maybe we had road signs, flags, I'm all for it. But I'm definitely in support of continuing to grow this, and my landlord, this is not my first unit with him. He has supported every step. I've been with him to two different units, and the reason he put me in this particular unit is because he said this community was like family. I can say,with the neighbors,as you spoke with,they have absolutely been family to me. Mr.Alearaz: All right. Any questions? Mr. Plumlee? Mr. Plumlee: Yes. Thank you. First of all, you've done a great job putting forth your case. It's not easy. Just help me get oriented with the time of operation,and so parents bring in the children a little earlier than work when they need to be in, so it's fairly early. Ms. Evans: We like to stick to 5:30-6:00, which is typical because I go opposite of the bus schedule. So, usually, parents are dropping off 6:00 a.m. or 6:30 is the latest. If I do have an afternoon shift, they're usually coming in from 10 to 1 1 because I don't have a cutoff because hours work different,but I have done my best to make sure we're not doing that 7:30 and, for any reason, not to say it hasn't happened, and we do have a parent that's in between the 7 and 7:45, which conflicts with the elementary. That's why I reached out to my neighbors for support because,like I said,traffic comes in and the bus. And not to go back,but that accident where she's speaking with the bus, it was my vehicle that got hit, and it was not due to traffic. It was the children on the bus were being children, and it distracted the bus driver. He did not realize how close he came to the curve. He hit my vehicle. It's usually parked. Oh, you can't see that one, but on the side behind the mailbox, he completely went all the way over it. So the incident she's talking about was my vehicle,and it had nothing to do with traffic. It was,he was very distracted. The kids are sometimes extremely rowdy when they're coming in. Mr.Plumlee: Thank you. I just want to make sure I understood. So, essentially, the drop-off is all finished very early in the morning. Is that a fair? Ms. Evan: Yes,two minutes timeframe. Mr.Plumlee: So, it is over just a course of a couple of minutes when they do the drop off, and then after their work,when they come, is also an off-traffic period? Ms. Evans: Usually after 5:00 p.m.traffic is not bad. My parents are leaving out at 6:00, 6:30. Mr.Plumlee: Okay. Thank you very much. Mr.Alcaraz: Any other questions? I've got just one. So, you've got all these off-premise parking's. Do you have a formal agreement, or are they all verbal? Ms. Evans: So, verbal with all of my neighbors, and I spoke with Truist and the storage, and they said if need be,they can do it. I never use them,but I thought it was best to have their support because I am asking for increasing numbers, but I have no objection. If need be to set up agreements with neighbors or whomever just to provide extra storage spaces so the community feels better about it. Mr.Alcaraz: Alright. Thank you. Mr. Plumlee: Not much. You said you were also watching a child for someone living in the community. Is that fair? Ms. Evans: The president, I'm not sure how long she's been the president, but I've sat kids before where maybe she hasn't got off in time,and children have had to stay with me. I've watched a few kids in the community,and I'm not the only daycare in the community. Mr. Plumlee: I just want to make sure that would cut down on traffic if people can walk their children over to you. Is that fair? Ms. Evans: It is. So,that's a bad angle. But if you see it,the bus, if you can see the street,the actual street, the bus stops directly in front of my house. Because I'm one of those parents that I'm at the door to make sure my youngest gets on the bus,parents that kind of drop their younger children off. I'm always open, like, put them on my porch. There's cameras. They won't leave until the bus actually comes because parents don't realize we're not parents. People coming in don't realize there are kids there. And like they said,they speed through there. So, I'm like that extra mama bear that watches everyone's kids if need be, and I like to keep them in my area so that nothing happens. Mr. Mauch: You have to have a labor of love when you do this. It's a passion. And you can tell. You can see it. It's visible on you. I know that if it were to be approved, given a recommendation to go to Council to allow for up to 12 children, do you anticipate 12 children being? Ms. Evans: Honestly, in the last seven years, I anticipate 8 to 9, but because state rules where it's rollover. So, let's just say if I have eight kids in the 9th, loth, and I Ith come in, and even if they're only there for a few minutes, you have to have that maximum because then you are in violation. So, it's smarter to just say 12 even for rollover because that's just social service rules. Mr. Mauch: Yeah. And I know that there was a mention of only three cars at that stoplight being able to stop there before getting to driveway, but I mean it looks like that you are about eight houses back, so, you know, I am sure that there are traffic concerns,just like the rest of our city. We're very congested. I think the safety of the children is probably first and foremost,but we need to make sure that we're making a decision for,and I think that the lady who spoke a little bit earlier kind of talked to that fact,at least spoke to me because she had no clue that this was going on your property, which kind of almost makes your case for you that you operated in a way that doesn't allow for the impact to be seen. And,for that reason,unless there's further conversation,and also I did want to ask staff. This was advertised properly. They went through the proper, so the timing was enough to make sure that everybody knew. So for that fact, I'd like to, if possible, make a motion for approval. Mr.Alcaraz: All right. Ms. Hippen,would like to ask something? Ms. Hippen: Okay. As I said before,this is my district. I will not go through there anymore to go to Brewster's. I will go around. But no,I am familiar with that area because of the Walgreens, and I frequent that, I pass by that street every day,at least once a day. Okay. And I do know that you can get more than three cars out of there if the people are paying attention, but again, drivers are drivers. I did not know that you had a daycare there, and like Commissioner Mauch just said, that speaks to the fact that you're operating it so that it is not impacting. I do apologize that the school bus hit your car, but you live where you live. Ms. Evans: We love that school bus driver. Ms. Hippen: With all of that said, with the support that you have of neighbors beside you, and the fact that we're not going to get into it with the HOA, I would like to move for approval. Mr. Mauch: Alright. I think I would gladly second that, and I apologize. Mr.Alcaraz: He was going to make one, so you got a motion. That's seconded by Mr. Mauch. Mr. Mauch: I would like to just put a comment on before we vote. Mr.Alcaraz: I was going to ask for the discussion. Thank you. Mr. Plumlee: I know it's been a long, my last day. I'm on it. You've done a great job, George, you've always done a great job. I think it's important because you may have a different environment when you go to City Council. The City Council members watch this presentation to get a sense of what we're thinking. So, it's sometimes useful to say we know there may be people at the HOA with some objections who may arrive at that hearing before the City Council, and we've considered their primary objection, which was stated as traffic, and we've heard that out thoroughly and vetted by our planning commission in full. There was a sign obviously on your site because it was discussed by the person that came here to object. So it was properly noticed before our body. So, I just wanted to put that on the record before we vote. Mr.Alcaraz: Another comment herewith Ms. Byler. Ms.Byler: Hi,as a former working mother of four children and a current working grandmother of two, I know how important caring, loving caregivers are, to our whole community, not just to the parents. To keep the economy running, keep us working, and for military, paramount importance. I applaud you. The fact that your neighbors came in support speaks volumes to me, and whatever is going on with HOA, that's their issue. I'm not HOA. I will support you, and thank you for your work. Mr.Alcaraz: Any other comments? Alright, do you have, making sure we might have a substitute? For deferral. Is that correct? Are you withdrawing? Mr.Anderson: I'm going to withdraw my suggestion of a deferral. Mr.Alcaraz: Alright, so we have a motion. We had discussion. Any abstain? None. The vote's open. Madam Clerk: By a recorded vote of 9 to 1, item number 10, Veonca Evans, has been recommended for approval. Mr.Alcaraz: Congrats. I'll let you know when you'll be at City Council. Thank you. Ms. Evans: Thank you. Mr.Alcaraz: Thank you. That it? That concludes our formal. I quit. Vote Tall AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (121 children, other than children living in the home. 4. The final number of children permitted to stay overnight at the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines. 5. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. 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 house as a Family Day-Care Home. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND AND REORDAIN THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE (APPENDIX 1) BY AMENDING SECTION 9 PERTAINING TO REQUIRED DISCLOSURES IN SALES AND RENTALS OF REAL ESTATE. MEETING DATE: January 21, 2025 ■ Background: The purpose of this amendment is to update the referenced state laws within Section 9 of the Airport Noise Attenuation and Safety Ordinance (Appendix 1). The Virginia Residential Property Disclosure Act and other provisions of state law require disclosures regarding real property in localities in which a military air installation is located, such as the City of Virginia Beach. Appendix I of the City Code incorporates those provisions of state law by reference. ■ Considerations: The state laws referenced in the Appendix have been recodified, and this ordinance will update those references. The recodified Virginia Code Sections to be referenced are 55.1-700 thr. -714, 55.1-1217, and 55.1-713. Staff is unaware of any opposition to the proposed ordinance amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On December 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department t,y City Manager: 1 AN ORDINANCE TO AMEND AND REORDAIN THE 2 AIRPORT NOISE ATTENUATION AND SAFETY 3 ORDINANCE (APPENDIX 1) BY AMENDING SECTION 9 4 PERTAINING TO REQUIRED DISCLOSURES IN SALES 5 AND RENTALS OF REAL ESTATE 6 7 Section Amended: Appendix I, Section 9 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That the Airport Noise Attenuation and Safety Ordinance of the City of Virginia 14 Beach (City Code Appendix 1) is hereby amended and reordained by the amendment of 15 Section 9, to read as follows: 16 17 APPENDIX I. AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE 18 19 . . . . 20 21 Sec. 9. Required disclosures in certain real property transactions. 22 23 (a) The provisions of Virginia Residential Property Disclosure Act (Virginia 24 Code Sections 55-51'� +h--525 55.1-700 thr. -714), as applicable to required 25 disclosures regarding real property in localities in which a military air installation is 26 located, are hereby incorporated by reference. 27 28 (b) The provisions of Virginia Code Section 55 248.12T55.1-1217, pertaining 29 to required disclosures in rentals of residential property in localities in which a military 30 air installation is located, are hereby incorporated by reference. 31 32 (c) Any person who fails to provide the disclosure required by this section 33 shall be subject to the remedies provided in Virginia Code Section 34 ''^�T55.1-713 or 55.1-1217, as the case may be. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'Pfanning Depa ment City Attorney's Office CA16665 R-3 January 7, 2025 Agenda •• of Beach V-B- Airport • • and Safety Ordinance Amendment An Ordinance to amend and reordain the Airport Noise Attenuation and Safety Ordinance (Appendix 1) by amending Section 9 pertaining to required disclosures in sales and rentals of real estate. Summary of • The purpose of this amendment is to update the referenced state laws within Section 9 of the Airport Noise Attenuation and Safety Ordinance (Appendix 1). The Virginia Residential Property Disclosure Act and other provisions of state law require disclosures regarding real property in localities in which a military air installation is located, such as the City of Virginia Beach. Appendix I of the City Code incorporates those provisions of state law by reference. The state laws referenced in the Appendix have been recodified, and this ordinance will update those references. The recodified Virginia Code Sections to be referenced are 55.1-700 thr. -714, 55.1-1217, and 55.1- 713. Recommendation Staff recommends approval of this Ordinance as it will update the City Code to reflect the current status of Virginia State law. City of Virginia Beach Agenda Item 1 page 1 of 2 Virginia Beach Planning Commission December 11, 2024 Public Meeting Item 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Thank you. Are there any other withdrawals? There are none. Are there any additional deferrals on the agenda today? All right. There are none. At this time, I'll pass it to the Vice Chair to do the consent agenda. Ms. Cuellar: Thank you,Mr. Chairman. Today,we have six items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred,and there are no speakers signed up in opposition. Our first item is agenda item number one, City of Virginia Beach. Mr. Kemp: Good afternoon, Commissioners. For the record, Kevin Kemp, Zoning Administrator for the City of Virginia Beach. This first item is an ordinance to amend Appendix I of the City Code. This appendix is the one that regulates airport noise attenuation and safety. What this amendment does, is it syncs up the City Code in regards to reference to the State Code so it is consistency. The State Code was changed recently, and this just sinks it up so we're consistent with state law. What this addresses is the disclosure and the requirements of property owners to disclose to lessees or when they're selling the property, if a property is located in a high noise zone or accident potential zone. Staff recommends approval of this as this will make our code consistent with State law. Ms. Cuellar: Thank you, Mr. Kemp. Is there any opposition to this item being on the consent agenda? Hearing none, we will move forward. Ms. Cuellar: The Planning Commission places the following applications on the consent agenda, items 1, 2, 5, 7, 11, and 12. Mr. Alcaraz: All right, thank you. Do I have a motion to approve this consent? Ms. Eisenberg: There's an additional abstention unless I missed it. Mr. Plumlee: Yes, sorry, I'm abstaining from item 12 for reasons set forth in the letter with the City Attorney's office. Mr. Alcaraz: Thank you. Ms. Cuellar: I move that these items be approved by consent. Mr.Alcaraz: I have a motion by Ms Cuellar. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Madam Clerk: The vote is now open. By a recorded vote of 10 to 0, with one abstention from Commissioner Plumlee on item number 12, items 1, 2, 5, 7, 11, and 12 have been recommended for approval by consent. Mr. Alcaraz: All right, thank you, Madam Clerk. So, that concludes our consent agenda. The staff you've been working with will let you know when it will be in front of City Council. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X K. APPOINTMENTS • 5/31 MEMORIAL COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • GREEN RIBBON COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. NEW BUSINESS N. ADJOURNMENT �a J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:01/07/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N 1. CALL TO ORDER—MAYOR ROBERT M. "BOBBY"DYER II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y VI. A-F G. MINUTES 8-0 Y A Y Y Y A Y Y A Y Y 1. INFORMAL AND FORMAL SESSIONS APPROVED B B December 10,2024 S S T T A A I I N N E E D D H. PUBLIC COMMENT 0 SPEAKERS 1. EDWARD BYRNE JUSTICE ASSISTANCE GRANT(JAG) J.1. Ordinance to DECLARE approximately 3.18 ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y acres of City property at the intersection of Princess Anne Road and Community Collage Place in EXCESS of the City's needs and AUTHORIZE the City Manager to execute an Option Agreement with Virginia Beach Community Development Corporation J.2. Ordinance to DECLARE City-owned property ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y at 2656 Lishelle Place in EXCESS of the CONSENT City's needs and AUTHORIZE the City Manager to TRANSFER the property to the Virginia Beach Development Authority J.3. Resolution to PROVIDE continuance dates re ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y cancelled regular meetings(Requested by CONSENT Mayor Dyer) J.4. Resolution to DIRECT the City Manager to DEFERRED 8-2 Y Y Y N Y N Y Y A Y Y PROVIDE Something in the Water,LLC INDEFINITELY (SITW)with Notice of Breach of Sponsorship Agreement and Opportunity to Cure (Requested by Mayor Dyer) J.5. Ordinance to TRANSFER$25,000 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y General Fund Reserve for Contingencies to the CONSENT Non-Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads,Inc.re 4111 Annual Martin Luther King,Jr.Awards Re uested by Mayor Dyer) J.6. Ordinance to DESIGNATE as EXEMPT from DENIED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Local Property Taxes re Pride Industries CONSENT (Deferred from December 10,2024) J CITY OF VIRGINIA BEACH A R SUMMARYOF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:01/07/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y funds totaling$636,105 from the Virginia CONSENT Opioid Abatement Authority to the FY 2024- 25 Human Services Operating Budget ($278,500)re purchase a community engagement Prevention Van,contract a provider to conduct substance use disorder services within the Juvenile Detention Center and Police Department Operating Budget($140,000)re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS),purchase the Youth Services Unit a community engagement vehicle,trailer, and mascot and Health Department Operating Budget($132,605)re provide funding to the Public Health Foundation for two contractual Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach in the City and Virginia Beach City Public Schools Operating Budget(VBCPS)($70,000)re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense and Park and Recreation Operating Budget($15,000)re purchase the"This is Not About Drugs" curriculum to be taught within the recreation centers to youth .1.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Grant Funds totaling$51,604 from the Edward CONSENT Byrne Justice Assistance Grant(JAG)to the FY 2024-25 Police Department Operating Budget($19,000)repurchase two(2)canines for Community Policing Activities,($2,281) re bicycle and steering wheel locks and Police Department,Mounted Patrol Unit,Operating Budget($17,433)re training and health& safety equipment and Police Department, Special Events,Unit Operating Budget ($1,110)re televisions and stands for command and General/Juvenile Domestic Relations Courts Operating Budget($6,315)re Virginia Criminal Information Network workstations,monitors,badge readers and Community Corrections Operating Budget ($5,465)re Wads,keyboards,and warranties (Requested by the Community Criminal Justice Board) J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $33,267 from the Library of Virginia,State Aid CONSENT Grant to the FY 2024-25 Library Department Operating Budget re purchase books and other materials for the print and digital collections I CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:01/07/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.10 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y V0,000 from the Public Library Association to CONSENT the FY 2024-25 Public Library Operating Budget re purchase teaching equipment and incentives 3.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y S1,061 from the Virginia Beach Library CONSENT Foundation to the FY 2024-25 Public Library Operating Budget re purchase technology resources J.12. Ordinance to TRANSFER funds within the ADOPTED 10-0 Y l' Y Y Y 1' Y Y A ti' Y Capital Improvement Program for the Pleasure House Point Mitigation Bank re provide limitations upon the use of the mitigation credits created by the Pleasure House Point Mitigation Project and to provide for efforts to reduce tree loss L. APPOINTMENTS RESCHEDULED 13 Y C O N S l_ N S I S 5/31 MEMORIAL COMMITTEE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHOR f I Y HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 5/31 MEMORIAL COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y' Y A Y Y Dr.Amelia N.Ross- Hammond— Representing City Council Member No Term J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:01/07/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C 1 D N E R M M 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E NLLNjj ATLANTIC PARK COMMUNITY Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y DEVELOPMENT AUTHORITY Stacy Cummings 2 Year Term 1/7/2025—12/31/2026 Cal"Cash"Jackson- Green 4 Year Term 1/7/2025—12/31/2028 AUDIT COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Stacy Cummings— Representing City Council Member Unexpired Term thru 4/30/2025 +3 Year Term 5/1/2025—4/30/2028 BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Stacy Cummings— Representing City Council Member District 8 Unexpired Term thru 12/31/2025 COMMUNITY CRIMINAL JUSTICE BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Stacy Cummings— Representing City Council Member Unexpired Term thru 3/31/2026 COMMUNITY ORGANIZATION GRANT Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y (COG)REVIEW AND ALLOCATION Cal"Cash"Jackson- COMMITTEE Green—Representing City Council Member Unexpired Term thru 8/31/2027 HAMPTON ROADS PLANNING DISTRICT Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y COMMISSION Robert W."Worth" Remick Stacy Cummings No Term HOUSING ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Cal"Cash"Jackson- Green—Representing City Council Member Unexpired Term thru 3/31/2025 +4 Year Term 4/1/2025-3/31/2029 CITY COUNCIL LIAISONS: 10-0 Y Y Y Y Y Y Y Y A Y Y Appointed: ARTS AND HUMANITIES COMMISSION Dr.Amelia N.Ross- Hammond J CITY OF VIRGINIA BEACH A R SUMMARYOF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:01/07/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I I I.S I R I Y I N I N I K I D I E I N N BEACHES AND WATERWAYS ADVISORY Joashua"Joash" COMMISSION Schulman HEALTH SERVICES ADVISORY BOARD Cal"Cash"Jackson- Green HISTORIC REVIEW BOARD Cal"Cash"Jackson- Green MILITARY ECONOMIC DEVELOPMENT Stacy Cummings ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE Joashua"Joash" Schulman PARKS AND RECREATION COMMISSION Cal"Cash"Jackson- Green PROCESS IMPROVEMENT STEERING Stacy Cummings COMMITTEE PUBLIC LIBRARY BOARD Cal"Cash"Jackson- Green RESORT ADVISORY COMMISSION Rosemary Wilson SCHOOL MODERNIZATION Stacy Cummings M. UNFINISHED BUSINESS M. NEW BUSINESS O. ADJOURNMENT 8:41 PM OPEN DIALOGUE 2 SPEAKERS 8:50 PM