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2-18-2025 FORMAL SESSION AGENDA
G1N�''B�4C �ti4G City of Virginia Beach "COMMUNITY FOR A LIFETIME ,�-s of o RNA„off 0 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 ciacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@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 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1757-6S1-7641 ischulman@VBgov.com 17S7-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda February 18, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 2:00 P.M. Brent McKenzie, Legislative Affairs Director B. OCEANFRONT FREE PARKING IMPACTS 2:15 P.M. LJ Hansen, Public Works— Director (Requested by Mayor Dyer and Vice Mayor Wilson) II. CITY MANAGER'S BRIEFING A. TRAFFIC ENFORCEMENT CAMERAS 2:45 P.M. William Zelms, Deputy Chief- Police III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:45 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 C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS—February 4, 2025 2. FORMAL SESSION — February 11, 2025 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION George L. Kimble 2. RESOLUTION IN RECOGNITION Black History Month I. PUBLIC HEARINGS 1. CHANGE THE POLLING LOCATION FOR PRECINCT 0016 AND REQUEST A WAVIER TO ADMINISTER A SPLIT PRECINCT FOR 0069 2. FEDERAL AGENCY TO BE GRANTED A LICENSE TO A PORTION OF CITY PROPERTY 4535 Commerce Street inside the telecommunications room and under the spire atop the Westin Tower J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE an Amendment to the Term Sheet re redevelopment of Pembroke Mall 2. Ordinance to AUTHORIZE the acquisition of 40.89 +/- acres of property from the Frank S. Fountain Revocable Trust re maintaining and preserving a forested natural area and wildlife habitat in the Southern Rivers Watershed region 3. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT additional streets re Urban Maintenance Payments 4. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT corrections/deletions to the road inventory re Urban Maintenance Payments 5. Ordinance to APPROPRIATE $80,000 of fund balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police equipment 6. Ordinance to ACCEPT and APPROPRIATE $43,097 from the Virginia Department of Behavioral Health and Developmental Services to the FY2024-25 Human Services Operating Budget re support the substance use disorders program 7. Ordinance to TRANSFER$40,000 from the General Fund Reserve to the FY2024-25 Virginia Aquarium Operating Budget and AUTHORIZE a grant to the Virginia Aquarium Foundation re fund a portion of the contract to study sustainable operating models L. PLANNING 1. 33rd STREET, LLC for a Street Closure re two (2) contiguous air rights parcels above 33rd %2 Street adjacent to 3300 & 3330 Pacific Avenue and 305 352h Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. 33rd STREET, LLC for a Special Exception for Alternative Compliance re construct a senior living facility at 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue and property west of 305 33rd Street, DISTRICT 6 RECOMMENDATION: APPROVAL 3. EVERGREEN VIRGINIA, LLC / EVERGREEN VIRGINIA, LLC &WINNER'S PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit re expand existing dealership at 3700 & 3736 Sentara Way DISTRICT 3 RECOMMENDATION: APPROVAL 4. KNOSOS, LLC for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-7.5 Residential re develop an eight-lot subdivision at a parcel south of 2832 Bald Eagle Road DISTRICT 2 RECOMMENDATION: APPROVAL 5. WESTVIEW PLAZA ASSOCIATES, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment District re develop a multi-family residential community at 6528 & a portion of 6544 Indian River Road, parcel directly north &west of 6528 Indian River Road DISTRICT 1 RECOMMENDATION: APPROVAL 6. VIBE 19, LLC for a Conditional Use Permit re short term rental at 1907 Cypress Avenue, Units 101-109, 200, & 300 RECOMMENDATION: APPROVAL 7. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 (Deferred indefinitely from November 12, 2024) RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE • COMMUNITY POLICY & MANAGEMENT TEAM • DEVELOPMENT AUTHORITY • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • GREEN RIBBON COMMITTEE • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PLANNING COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/[NTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 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 TCheliusCa@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 February 18, 2025. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 2:00 P.M. Brent McKenzie, Legislative Affairs Director B. OCEANFRONT FREE PARKING IMPACTS 2:15 P.M. LJ Hansen, Public Works— Director (Requested by Mayor Dyer and Vice Mayor Wilson) II. CITY MANAGER'S BRIEFING A. TRAFFIC ENFORCEMENT CAMERAS 2:45 P.M. William Zelms, Deputy Chief— Police 111. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:45 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 C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS— February 4, 2025 2. FORMAL SESSION — February 11, 2025 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION George L. Kimble 2. RESOLUTION IN RECOGNITION Black History Month �NtA'B£A o _ •_ �0 r ♦,Prs ��d or OUR RNTVO ' RESOLUTION WHEREAS:George L.and Alcora Kimble were theparents of twelve children born in the New Light community,of which ten survived;and WHEREAS:the Kimble Family,in 1936,moved to a dirt road in the New Light community to settle the family on land they had purchased,on a road with no name;and WHEREAS:Mr. George L.Kimble and his children kept the road passable by collecting oyster shells to fill any potholes on that dirt road for many years;and WHEREAS:Mr. George L.Kimble had to walk each day to pick up mail from the only mailbox,then located on Indian River Road;and WHEREAS:Mr. George L.Kimble was a Sunday school teacher, the President of the Deacon Board for New Light Baptist Church,and a member of the New Light Civic League,and WHEREAS:Mr.George L.Kimble kept the weeds and the bushes pruned at the New Light Cemetery,and WHEREAS:Mr. George L.Kimble was employed at the Norfolk Naval Air Station until he retired,and WHEREAS:Mr. George L.Kimble visited the entire neighborhood in the New Light community to wish every family a Merry Christmas and a Happy New Year;and WHEREAS:as a farmer,he raised various types of vegetables and donated some of his crops to any family that he thought was in need in the New Light community;and WHEREAS:when the street was paved,the name, "General Street,"was given to their beloved dirt road,which was a great disappointment to the entire Kimble family who had lived and cared for this dirt road for so many years and were not provided the opportunity to have the family name assigned to the road;and WHEREAS:the oldest daughter, Otealia Kimble Jennings,is a retired teacher,who was honored as first Black teacher to integrate Courthouse Elementary School in the City,during segregation and integration,and who is still sharing her beautiful voice and playing piano professionally,at age 93;and WHEREAS:Otealia Kimble Jennings'student life story and photo are in the Virginia State University's 2023 Oral History book in the Library of Congress, Washington,D.C.;and WHEREAS:Otealia Kimble Jennings wishes to see her father, George L.Kimble,who paid for her college education and took meticulous care of the dirt road,to receive posthumously,an honorary street sign in the New Light community;and NOW,THEREFORE,BE IT RESOL VED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4:That the City Council hereby designates General Street in the New Light Community in memory of George L.Kimble and his many accomplishments in support of the New Light Community and hereby directs the City Manager to cause signs in honor of George L.Kimble to be erected on street signs along General Street. Given by the Council of the ' of Virginia Beach, Virginia the 18u'day of February 2025 and present this Resolution duly signed by each Membege V' inia of city Council. c it Member Michael F.Terlucchi C40071ftember S C mings Council Member Barbara M.H ley w 1 h4r6A(1 %� Council Member David Hutcheson Council M r Cal" as "Jackson-Green Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Ross-Hammond Cohnci Member Jennifer V.Rouse Council Member Joashua F.Schulman 9 Vi&W.Rlo%sl m � Mayor Robert "Bobl y.,Dyer G�Nu'''BFA s t 10 (� T r "F OUR V RESOLUTION WHEREAS:The City of Virginia Beach has a rich history ofgrowth and development,shaped by the diverse contributions of its citizens,including African Americans who have played an integral role in the success of the community:and WHEREAS:African Americans in Virginia Beach have overcome historical and systematic barriers to contribute significantly to the political,social, and economic advancement of the City,especially through leadership positions and public service;and WHEREAS:The trailblazing efforts of the first African Americans elected and appointed to leadership roles have created opportunities for future generations of African American citizens to pursue careers in public service and leadership;and WHEREAS:The 2025 Black History Month theme, "Af ican Americans and Labor",highlights the invaluable contributions ofAf icon Americans to labor movements and leadership roles,which have been crucial in shaping the nation's workforce and ensuring the dignity and rights of all workers; and WHEREAS:The leadership of these individuals has demonstrated the power of collective action and the importance of equal representation in the public sector,as they have advanced policies and initiatives that reflect the diversity,needs,and aspirations of all residents of Virginia Beach;and WHEREAS:The first African Americans elected and appointed to leadership roles in Virginia Beach have paved the way for greater civic engagement and equal opportunity for all members of the community,serving as role models for future generations of leaders,regardless of race,ethnicity,or background;and WHEREAS:The legacy of these leaders,in alignment with the Black History Month theme, 'African Americans and Labor,"serves as a reminder of the importance of labor and leadership in the creation ofjust,equitable,and thriving communities;and WHEREAS:It is important to formally acknowledge the groundbreaking achievements of the following African Americans,whose leadership in the City of Virginia Beach has paved the way for continued progress: ]'African American elected in Princess Anne County: Honorable Willis Augustus Hodges—Virginia Constitution Convention and Board of Supervisors 111Afvcan American elected Council Members since becoming chartered as City of Virginia Beach: Honorable John Perry-Bayside District Honorable Louisa Strayhorn-Kempsville District Honorable Dr.Amelia Ross-Hammond,African,African American-Kempsville District 11 African American appointed Judges: Honorable Robert Franklin Hagans,Jr.-Virginia Beach General District Court Honorable Teresa Hammons-Virginia Beach General District Court Honorable Woodrow Lewis,Jr.-Virginia Beach Juvenile Domestic Relations District Court Honorable Ramona Taylor-Virginia Beach Juvenile and Domestic Relations District Court Honorable Kevin M.Duffan-Virginia Beach Circuit Court Honorable Tanya Bullock-Virginia Beach Circuit Court I"Af ican American City Manager Patrick Duhaney,City Manager 1"African American Deputy Chief of Police John Bell NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA:That the City Council hereby honors and celebrates the achievements ofthese individuals and encourages ongoing efforts to preserve and highlight the contributions of African Americans in the labor force and leadership positions,emphasizing the theme of"African Americans and Labor"during Black History Month and throughout the year. Given by the Council of the City of Virginia Beach,Virginia the Iffh day of February 2025 and present this Resolution duly signed by each Member of the Virginia Beach City Council. Council Member Michael F.Berlucchi Council Member Stacy Cummings Council Member Barbara M.Henley Council Member David Hutcheson Council Member Cal"Cash"Jackson-Green Council Member Robert W."Worth"Remick Council Member Dr.Amelia Ross-Hammond Council Member Jennifer V.Rouse Council Member Joashua F.Schulman Vice Mayor Rosemary Wilson Mayor Robert M "Bobbv-Dyer I. PUBLIC HEARINGS 1. CHANGE THE POLLING LOCATION FOR PRECINCT 0016 AND REQUEST A WAVIER TO ADMINISTER A SPLIT PRECINCT FOR 0069 2. FEDERAL AGENCY TO BE GRANTED A LICENSE TO A PORTION OF CITY PROPERTY 4535 Commerce Street inside the telecommunications room and under the spire atop the Westin Tower t w: PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR PRECINCT 0016 AND TO REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT The City Council of Virginia Beach, Virginia,at its 6pm formal session on February 18, 2025, will conduct a public hearing upon an ordinance to change the polling location for Precinct 0016 and to request a waiver to administer a split precinct. If adopted,the ordinance will change the polling location for Precinct 0016 from Bayside Sixth Grade Campus to Old Donation School,which is located at 4633 Honeygrove Road. The ordinance repeats a previous request to administer a split precinct for Precinct 0069. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office,which is located at 2449 Princess Anne Road,Municipal Center, Building 14,Virginia Beach, Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TOO only 711(TOO -Telephonic Device for the Deaf). 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 February 18,2025. 2. Download WebEx and view the meeting at: https*//vbi!ov.webax.com/webi i nk/realster/rf875he247a4afQ9 4843932abd1d20c23 All interested parties are invited to participate. Amanda Barnes,MMC PIbC February 3 610,2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for Precinct 0016 and to Request a Waiver to Administer a Split Precinct for Precinct 0069 PUBLIC HEARING: February 18, 2025 MEETING DATE: March 4, 2025 ■ Background: The Virginia Beach Electoral Board (the "Electoral Board") has requested the City Council adopt an ordinance to relocate the polling location for Precinct 0016 from Bayside Sixth Grade Campus to Old Donation School, located at 4633 Honeygrove Road. A map showing this location is attached. This move is necessary due to the uncertain status of Bayside Sixth Grade Campus as a school. The Electoral Board is also asking the City Council to adopt a resolution requesting that the State Board of Elections grant a waiver to administer a split precinct. The redistricting resulted in a split of Precinct 0069, which includes Senate Districts 20 and 22, as well as House Districts 95 and 100. This is the same waiver request the City has previously made to the State Board. ■ Considerations: The proposed polling location requested for Precinct 0016 meets the requirements of the Americans with Disabilities Act. The ordinance directs the Director of Elections to seek a certificate of no objection from the Office of the Attorney General for the change in polling location. Provided such certificate is obtained, the polling location change will be administered starting with the June primary election, if such primary election is required. ■ Public Information: In accordance with the Code of Virginia, a notice of the proposed polling location change was published in the newspaper once a week for two consecutive weeks. An advertisement will also be placed in the newspaper before the June primary election if it occurs. If there is no June primary election, the advertisement will be published before the November general election. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance; Map Requested by the Virginia Beach Electoral Board 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE POLLING 3 LOCATION FOR PRECINCT 0016 AND TO 4 REQUEST A WAIVER TO ADMINISTER A SPLIT 5 PRECINCT FOR PRECINCT 0069 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. Section 10-1 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 0001 Galilee Episcopal Church 22 3928 Pacific Avenue 23451 23 0002 Museum of Contemporary Art 24 2200 Parks Avenue 23451 25 0003 Ocean Lakes Elementary 26 1616 Upton Drive 23454 27 0004 Virginia Beach Community Chapel 28 1261 Laskin Road 23451 29 0005 Mount Olive Baptist Church 30 310 N. Birdneck Road 23451 31 0006 Alanton Elementary School 32 1441 Stephens Road 23454 33 0007 King's Grant Presbyterian Church 34 745 Little Neck Road 23452 35 0008 London Bridge Baptist Church 36 2460 Potters Road 23454 37 0009 Trantwood Elementary School 38 2344 Inlynnview Road 23454 39 0010 All Saints' Episcopal Church 40 1969 Woodside Lane 23454 41 0011 Edgar Cayce's Association for Research 42 and Enlightenment 43 215 67th Street 23451 44 0012 Lynnhaven Elementary School 45 210 Dillon Drive 23452 46 0013 Windsor Woods Elementary School 47 233 Presidential Boulevard 23452 48 0014 Malibu Elementary School 49 3632 Edinburgh Drive 23452 50 0015 Calvary Baptist Church 51 4832 Haygood Road 23455 52 0016 Bayside Sixth Grade Campus 53 4722 jeFiGhe Read 2,3462 54 Old Donation School 55 4633 Honeygrove Road 56 0017 The Louis R. Jones Bayside Recreation Center 57 4500 First Court Road 23455 58 0018 Independence Middle School 59 1370 Dunstan Lane 23455 60 0019 Bayside Church of Christ 61 5025 Shell Road 23455 62 0020 Bayside Elementary School 63 5649 Bayside Road 23455 64 0021 Bettie F. Williams Elementary School 65 892 Newtown Road 23462 66 0022 Point O' View Elementary School 67 5400 Parliament Drive 23462 68 0023 Arrowhead Elementary School 69 5549 Susquehanna Drive 23462 70 0024 St. Andrews United Methodist Church 71 717 Tucson Road 23462 72 0025 Fairfield Elementary School 73 5428 Providence Rd. 23464 74 0026 Kempsville Presbyterian Church 75 805 Kempsville Road 23464 76 0027 Kempsville Middle School 77 860 Churchill Drive 23464 78 0028 Thalia Elementary School 79 421 Thalia Road 23452 80 0029 Holland Elementary School 81 3340 Holland Road 23452 82 0030 Seatack Elementary School 83 912 S. Birdneck Road 23451 84 0031 Red Mill Elementary School 85 1860 Sandbridge Road 23456 86 0032 Oak Grove Baptist Church 87 691 Princess Anne Road 23457 88 0033 Back Bay Christian Assembly 89 1212 Princess Anne Road 23457 90 0034 Blackwater Fire Station 91 6009 Blackwater Road 23457 92 0035 Kellam High School 93 2665 West Neck Road 23456 94 0036 Red Church Steeple 95 245 S. Rosemont Rd 23452 96 0037 Bayside Baptist Church 97 1920 Pleasure House Road 23455 98 0038 Bayside Presbyterian Church 99 1400 Ewell Road 23455 100 0039 Pembroke Elementary School 101 4622 Jericho Road 23462 102 0040 Union Baptist Church 103 4608 South Boulevard 23452 104 0041 College Park Elementary School 105 1110 Bennington Road 23464 106 0042 Brandon Middle School 107 1700 Pope Street 23464 108 0043 Salem Middle School 109 2380 Lynnhaven Parkway 23464 110 0044 Centerville Elementary School 111 2201 Centerville Turnpike 23464 112 0045 White Oaks Elementary School 113 960 Windsor Oaks Boulevard 23462 114 0046 Green Run Elementary School 115 1200 Green Garden Circle 23453 116 0047 King's Grant Elementary School 117 612 N Lynnhaven Road 23452 118 0048 WAVE Church 119 1000 N. Great Neck Road 23454 120 0049 John B. Dey Elementary School 121 1900 N. Great Neck Rd. 23454 122 0050 The Gathering at Scott Memorial 123 United Methodist Church 124 409 First Colonial Road 23454 125 0051 Kempsville Area Library 126 832 Kempsville Road 23464 127 0052 Providence Presbyterian Church 128 5497 Providence Road 23464 129 0053 Kempsville Elementary School 130 570 Kempsville Road 23464 131 0054 Landstown High School 132 2001 Concert Drive 23456 133 0055 Virginia Beach Moose Family Center 134 3133 Shipps Corner Road 23453 135 0056 St. Aidan's Episcopal Church 136 3201 Edinburgh Drive 23452 137 0057 St. Matthew Catholic Church 138 3314 Sandra Lane 23464 139 0058 Glenwood Elementary School 140 2213 Round Hill Drive 23464 141 0059 Shelton Park Elementary School 142 1700 Shelton Road 23455 143 0060 WAVE Church 144 2655 Seaboard Road 23456 145 0061 Ebenezer Baptist Church 146 965 Baker Road 23455 147 0062 Restoration Church at Landstown 148 3220 Monet Drive 23453 149 0063 Ocean Lakes High School 150 885 Schumann Drive 23454 151 0064 Rosemont Forest Elementary School 152 1716 Grey Friars Chase 23456 153 0065 Colonial Baptist Church 154 2221 Centerville Turnpike 23464 155 0066 Princess Anne Recreation Center 156 1400 Nimmo Parkway 23456 157 0067 Eastern Shore Chapel 158 2020 Laskin Road 23454 159 0068 Providence Elementary School 160 4968 Providence Road 23464 161 0069 Unity Church of Tidewater 162 5580 Shell Road 23455 163 0070 Corporate Landing Middle School 164 1597 Corporate Landing Parkway 23454 165 0071 Salem High School 166 1993 Sun Devil Drive 23464 167 0072 W. T. Cooke Elementary School 168 1501 Mediterranean Avenue 23451 169 0073 Green Run High School 170 1700 Dahlia Drive 23453 171 0074 Rosemont Elementary School 172 1257 Rosemont Rd. 23453 173 0075 Lynnhaven Colony Congregational Church 174 2217 W. Great Neck Road 23451 175 0076 Thalia Lynn Baptist Church 176 4392 Virginia Beach Boulevard 23462 177 0077 Plaza Annex 178 641 Carriage Hill Rd 23452 179 0078 Indian Lakes Elementary School 180 1240 Homestead Drive 23464 181 0079 Emmanuel Episcopal Church 182 5181 Singleton Way 23462 183 0080 Kingdom Cathedral 184 3820 Stoneshore Road 23452 185 0081 Salem Elementary School 186 3961 Salem Lakes Boulevard 23456 187 0082 Christopher Farms Elementary School 188 2828 Pleasant Acres Drive 23453 189 0083 Strawbridge Elementary School 190 2553 Strawbridge Road 23456 191 0084 Tallwood Elementary School 192 2025 Kempsville Road 23464 193 0085 Three Oaks Elementary School 194 2201 Elson Green Avenue 23456 195 0086 Haygood United Methodist Church 196 4713 Haygood Road 23455 197 0087 New Castle Elementary School 198 4136 Dam Neck Road 23456 199 0088 Hope Haven 200 3000 North Landing Road 23456 201 0089 New Covenant Presbyterian Church 202 1552 Kempsville Road 23464 203 0090 Morning Star Baptist Church 204 4780 First Court Road 23455 205 0091 Larkspur Middle School 206 4696 Princess Anne Road 23462 207 0092 Lynnhaven United Methodist Church 208 1033 Little Neck Road 23452 209 0093 Enoch Baptist Church Family Life Center 210 5685 Herbert Moore Road 23462 211 0094 Plaza Middle School 212 3080 S. Lynnhaven Road 23452 213 0095 Corporate Landing Elementary School 214 1590 Corporate Landing Parkway 23454 215 0096 Freedom Fellowship 216 836 Regency Drive 23454 217 0097 San Lorenzo Spiritual Center 218 4556 Indian River Rd. 23456 219 0098 Windsor Oaks Elementary School 220 3800 Van Buren Drive 23452 221 0099 Parkway Elementary School 222 4180 O'Hare Drive 23456 223 0100 Tabernacle United Methodist Church 224 1265 Sandbridge Rd. 23456 225 0101 Luxford Elementary School 226 4808 Haygood Road 23455 227 0102 Diamond Springs Elementary School 228 5225 Learning Circle 23462 229 0103 Kempsville Meadows Elementary School 230 736 Edwin Drive 23462 231 0104 Woodstock Elementary School 232 6016 Providence Road 23464 233 0105 Pembroke Meadows Elementary School 234 820 Cathedral Drive 23455 235 0106 Thalia United Methodist Church 236 4321 Virginia Beach Boulevard 23452 237 0107 Linkhorn Park Elementary School 238 977 First Colonial Road 23454 239 0108 The Gala 417 240 2105 W. Great Neck Road 23451 241 Central Absentee Voter Agriculture/Voter Registrar Building 242 Precinct 243 244 Notwithstanding the preceding, for the June 2024 primary and_November 2024 election, 245 the Central Absentee Voter Precinct will be located at Building 23 within the Municipal 246 Center, which has a street address of 2473 North Landing Road. The Building 14 247 location, which is also known as the Agriculture/Voter Registrar Building, shall remain 248 open to the public during the customary hours required for an office of the voter registrar 249 on the date of an election. 250 251 2. The City Council hereby requests the State Board of Elections provide a waiver to 252 administer a split precinct for Precinct 0069, which contains Senate Districts 20 253 and 22 and House Districts 95 and 100. 254 255 3. The Voter Registrar and the City Attorney are hereby directed to seek a 256 certification of no objection from the Office of the Attorney General using the 257 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 258 change authorized herein. The precinct change shall not be administered unless 259 and until the Attorney General has provided such certification or if 60 days lapses 260 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2025. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar rney's Office CA16803 R-1 January 23, 2025 noaad " Witch Duck Point Haygo^c Kide•care Q So.6Pd �Donation Schoo t !1 Hay V aside H.gri S,-wol 8 E nter,aiim�,t v so o PS�ryan Cr : © 5c-aara!n;=.pendelr-e m Mariners Cove % - .b Apartments 8 Cinema Care- O Pembroke Meadows �. broke BWd Pert�br oke BWd © ® House Rosewood Memorial Park Q c ` ea � $ ARAGONA VILLAGE 0" *Baysidi.-Si d TIw4 Pirke �R rid Nd hod Steinhdber �. Eck z Old on O & Greyhound Ad ion �9 a 4 k I � .71 miles away from the border of the precinct Approximately.3 miles from a bus stop Bayside Sixth Grade Campus—old location Old Donation School- new location r i'frj {.!, lip NOTICE OF PUBLIC HEARING On February A 2025,at 6-00 p.m. in the Council Chamber of the City Hall Building 1,2401 Courthouse Dr., Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of a federal agency to be granted a license to a portion of City property located at 4535 Commerce Street inside the communications room and under the spire atop the Westin Tower.Any questions concerning this matter should be directed to Department of Information Technology at(757)385-1818. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing impaired, call TOO 711(TDD-Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 18,2025. 2. Download WebEx and view the meeting at: https-/lvbgov.webe._.mm/webli nk/reL"ister/r[87c; - 47a4afb3 48439�7aM/d2Ql;23 All interested parties are invited to participate. Amanda Barnes,MMC Pilot Sunday,February 9,2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a License of a Portion of City Property Located at 4535 Commerce Street Inside the Communications Room and Under the Spire Atop the Westin Tower PUBLIC HEARING: February 18, 2025 MEETING DATE: March 4, 2025 ■ Background: The City of Virginia Beach owns an approximately 800 square foot condominium unit on the top level of the Westin tower ("Communications Room"). The City utilizes the Communications Room for installation and operation of radio and other electronic equipment necessary for the City's communications and information needs. In addition to acquiring the Communications Room, the City entered into a license agreement ("License Agreement") with Town Center Associates 7, L.L.C. ("TCA"), which owns the rooftop and spire above the Westin tower. The License Agreement provides for the City's right to use all of the space underneath the spire on top of the roof of the Westin tower ("Spire Space"). The License Agreement also provides that the City has the right to enter into sublicenses with other users for use of the Spire Space. A federal agency desires to license a portion of the Communications Room and a portion of the Spire Space for the installation and operation of radio transmission equipment. The location would be used as a site to support the operation of the agency's radio equipment and for related communications purposes. The proposed use would not interfere with the City's use, nor would it preclude additional users from using the Communications Room or Spire Space in the future. ■ Considerations: The term of the proposed license is five (5) years. The federal agency will not pay the City a license fee. ■ Public Information: A public notice was published in The Virginian Pilot on February 9, 2025. ■ Recommendation: Approval ■ Attachments: Ordinance and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Department of Information Technolot City Manager:pb? 1 AN ORDINANCE TO AWARD A LICENSE OF A 2 PORTION OF CITY PROPERTY LOCATED AT 3 4535 COMMERCE STREET INSIDE THE 4 COMMUNICATIONS ROOM AND UNDER THE 5 SPIRE ATOP THE WESTIN TOWER 6 7 WHEREAS, the City of Virginia Beach ("City") owns a condominium unit on the 8 top of the Westin tower at 4535 Commerce Street ("Communications Room"), 9 10 WHEREAS, the City purchased the Communications Room for the purpose of 11 installing and utilizing communications equipment to benefit the needs of the City; 12 13 WHEREAS, to support the equipment used in the Communications Room, the 14 City licenses ("License") from Town Center Associates 7, L.L.C. use of all of the space 15 underneath the spire on the roof of the Westin tower ("Spire Space"); 16 17 WHEREAS, pursuant to the terms of the License, the City has the right to 18 sublicense use of the Spire Space to third parties; 19 20 WHEREAS, the City received a request from a federal agency ("FA") to 21 sublicense a portion of the Spire Space for a five (5) year term; and 22 23 WHEREAS, the proposed use by FA would not interfere with the City's use of the 24 Communications Room or the Spire Space. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a license agreement, for 30 the term of five (5) years, between FA and the City, for space within the 31 Communications Room and the Spire Space, in accordance with the agreement and 32 such other terms, conditions and modifications as may be acceptable to the City 33 Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office CA16806 R-1 February 3,2025 SUMMARY OF TERMS AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF CITY PROPERTY LOCATED AT 4535 COMMERCE STREET INSIDE THE COMMUNICATIONS ROOM AND UNDER THE SPIRE ATOP THE WESTIN TOWER LICENSOR: City of Virginia Beach ("City") LICENSEE: Federal agency ("FA") PREMISES: Approximately 11+/- sq. ft. of space within the communications room in the Westin tower and 15+/- sq. ft. of space under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center— Block 7) TERM: Five (5) years LICENSE FEE: FA will not pay a license fee. FA will pay the costs of any maintenance and operation of its equipment at Town Center-Block 7. PROPOSED USE: Installation and operation of radio transmission equipment to support FA's communications operations. RESTRICTIONS ON USE OF LICENSED AREA: The placement and operation of all equipment shall not interfere with the City's equipment and operations at the Westin tower in either the communications room or on the roof. City to approve, in advance, all equipment and the placement of all equipment of Licensee. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE an Amendment to the Term Sheet re redevelopment of Pembroke Mall 2. Ordinance to AUTHORIZE the acquisition of 40.89 +/- acres of property from the Frank S. Fountain Revocable Trust re maintaining and preserving a forested natural area and wildlife habitat in the Southern Rivers Watershed region 3. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT additional streets re Urban Maintenance Payments 4. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT corrections/deletions to the road inventory re Urban Maintenance Payments 5. Ordinance to APPROPRIATE $80,000 of fund balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police equipment 6. Ordinance to ACCEPT and APPROPRIATE $43,097 from the Virginia Department of Behavioral Health and Developmental Services to the FY2024-25 Human Services Operating Budget re support the substance use disorders program 7. Ordinance to TRANSFER$40,000 from the General Fund Reserve to the FY2024-25 Virginia Aquarium Operating Budget and AUTHORIZE a grant to the Virginia Aquarium Foundation re fund a portion of the contract to study sustainable operating models CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving an Amendment to the Term Sheet Relating to the Redevelopment of Pembroke Mall MEETING DATE: February 18, 2025 ■ Background: The Pembroke Mall complex opened in 1966 at the Northeastern intersection of Virginia Beach Boulevard and Independence Boulevard and contains approximately 54 acres, including surface parking and out-structures (the "Mall"). Pembroke Square Associates, LLC, a Virginia limited liability company (the "Developer") owns approximately 29 acres of the Mall and has developed a multi-phased plan to transform the majority of the Mall into a new mixed-use, multi-level development with senior housing, a hotel, apartments, structured parking, and retail (the "Project"). The Project would be constructed in the north and eastern surface parking lots and within a portion of the existing main mall building. The Target, REI, Fresh Market and other retail stores on the northwestern side of the area would remain open. Part of the Project involves the City and the City of Virginia Beach Development Authority (the "Authority") participating in the cost of structured parking to be constructed in Phases II and III of the Project. Developer proposes that the City, through the Authority, acquire a 582+/- space parking garage as part of Phase II (the "Phase II Garage") and a 209+/- space parking garage as part of Phase III (the "Phase III Garage" and collectively, the "Garages"). All other elements of the Project would be privately owned. On July 3, 2024 and July 16, 2024, City Council and the Authority each respectively approved a term sheet reflecting the rights and responsibilities of the parties for the development of the Project (the "Term Sheet") and authorized the development of the definitive project documents (the "July 2024 Approval"). As set forth in the Term Sheet, the Authority was to acquire the Garages at completion of each Phase of the Project, for an amount equal to actual design and construction costs up to a maximum of $30,000 for each space in the Garages. Additionally, the Authority agreed to pay up to $2,750 for each space for construction loan interest attributable to the construction of the Phase 11 or Phase III Garage, as applicable. The Developer has also requested the establishment of a special service district ("SSD") similar to that at Town Center, south of the Project. The SSD would be established by separate action of City Council to align with the completion of the Project. The parties anticipated requesting City Council to establish the initial rate of the SSD at $0.45 per $100 of assessed value of real estate. The SSD will be used to provide enhanced public services at the Project, and to fund a portion of the cost of the Garages as detailed below. The obligations of the Authority outlined in the Term Sheet would be supported by a support agreement between the City and the Authority (the "Support Agreement'). The Support Agreement obligations would be structured to be paid, subject to annual appropriation, using real estate taxes generated at the Project, with the proposed SSD funds serving as an initial backstop for any shortfalls. Given changes in interest rates, the amount of construction loan interest anticipated to be applicable to each of the Garages has increased since July 2024 and Developer has requested an increase in the maximum amount of construction loan interest attributable to each parking space acquired by $1,720 for a total of $4,470 interest per space. To finance these increased costs, the parties have agreed to request that City Council consider increasing the initial rate of the SSD by $0.02 for a rate of $0.47 per $100 of assessed value of real estate. On February 11, 2025, the Authority approved the amended terms as set forth above, subject to approval by City Council. Other than the changes reflected above, the Term Sheet remains unchanged from the July 2024 Approval. A copy of the Amended Term Sheet showing the proposed changes is attached to the Resolution as Exhibit A. ■ Considerations: The proposed modifications to the approved terms will allow the Project to proceed, with the added public expenditures being borne by an increase to the SSD assessed at the Project. If approved, the parties will be in a position to execute the binding project documents as contemplated by the Amended Term Sheet. ■ Information: Public information for this item will be handled through the normal Council agenda process. ■ Recommendations: Approve the requested change to the Term Sheet. ■ Attachments: Resolution, Amended Term Sheet (Exhibit A), Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: fkhv 1 RESOLUTION APPROVING AN AMENDMENT 2 TO THE TERM SHEET RELATING TO THE 3 REDEVELOPMENT OF PEMBROKE MALL 4 5 WHEREAS, Pembroke Square Associates, LLC, a Virginia limited liability company 6 ("Developer") owns approximately 29 acres of the Pembroke Mall complex (the "Mall") 7 and has developed a multi-phased plan to transform the majority of the Mall into a new 8 mixed-use, multi-level development with senior housing, a hotel, apartments, structured 9 parking, and retail (the "Project"); 10 11 WHEREAS, Developer proposes that the City, through the City of Virginia Beach 12 Development Authority (the "Authority"), acquire a 582+/- space parking garage as part of 13 Phase II (the "Phase II Garage") and a 209+/- space parking garage as part of Phase III 14 (the "Phase III Garage" and collectively, the "Garages"). All other elements of the Project 15 would be privately owned; 16 17 WHEREAS, on July 3, 2024 and July 16, 2024, City Council and the Authority 18 each respectively approved a term sheet reflecting the rights and responsibilities of the 19 parties for the development of the Project (the "Term Sheet") and authorized the 20 development of the definitive project documents (the "July 2024 Approval"); 21 22 WHEREAS, in addition to the actual design and construction cost of the 23 Garages, the Authority agreed to pay up to $2,750 for each space for construction loan 24 interest attributable to the construction of the Phase II or Phase III Garage, as 25 applicable; 26 27 WHEREAS, the Developer has also requested the establishment of a special 28 service district ("SSD") similar to that at Town Center, which would be established by 29 separate action of City Council; 30 31 WHEREAS, the parties anticipated requesting City Council establish the initial 32 rate of the SSD at $0.45 per$100 of assessed value of real estate; 33 34 WHEREAS, given changes in interest rates, the amount of construction loan 35 interest anticipated to be applicable to each of the Garages has increased since July 36 2024, and Developer has requested an increase in the maximum amount of 37 construction loan interest attributable to each parking space acquired by $1,720 for a 38 total of$4,470 interest per space; 39 40 WHEREAS, to finance these increased costs, the parties have agreed to request 41 that City Council consider an increase to the initial rate of the SSD to $0.47 per $100 of 42 assessed value of real estate; 43 44 WHEREAS, staff and Developer have revised the Term Sheet to reflect the 45 amended terms, as shown on Exhibit A attached hereto (the "Amended Term Sheet"); 46 WHEREAS, the obligations of the Authority outlined in the Amended Term Sheet 47 would be supported by a support agreement between the City and the Authority (the 48 "Support Agreement"); 49 50 WHEREAS, the Support Agreement obligations would be structured to be paid, 51 subject to annual appropriation, using real estate taxes generated at the Project, with 52 the proposed SSD funds serving as an initial backstop for any shortfalls; 53 54 WHEREAS, on February 11, 2025, the Authority approved the Amended Term 55 Sheet, subject to approval by City Council; 56 57 WHEREAS, the City Council finds that the Project will stimulate the City's 58 economy, increase public revenues, enhance public amenities and further the City's 59 development objectives for the Pembroke area of the City; and 60 61 WHEREAS, the City Council desires that the Authority authorize the execution of 62 definitive project documents in substantial conformity with the terms outlined in the 63 Amended Term Sheet, including, but not limited to a development agreement and the 64 Support Agreement (collectively, the "Definitive Project Documents"). 65 66 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 67 VIRGINIA BEACH, VIRGINIA: 68 69 1. That City Council hereby approves the Amended Term Sheet between the 70 Authority and the Developer, a copy of which is attached hereto as Exhibit A and made 71 a part hereof. 72 73 2. That the City Council authorizes the execution of the Definitive Project 74 Documents so long as such documents are in substantial conformity with the terms set 75 forth in the Amended Term Sheet and such other terms, conditions or modifications as 76 may be acceptable to the City Manager and in a form deemed satisfactory by the City 77 Attorney. 78 79 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 80 of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: and Community Development City Attorney CA16705 \\vbgov.com\dfs 1\appl ications\citylaw\cycom32\wpdocs\d024\p045\01021073.doc February 6, 2025 R-1 2/18/256/2424 EXHIBIT A PEMBROKE MALL REDEVELOPMENT IAMENDED TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelopment of portions of the existing Pembroke Mall. Pembroke Square Associates owns the Pembroke Mall and intends to replace portions of the existing indoor retail and surface parking with a multi-phased project that will expand the commercial tax base in the City and provide additional amenities for the citizens of Virginia Beach. As set forth below, the Developer proposes the development of a mixed-use development project consisting of senior housing, multifamily residential, retail, hotel, and parking uses. The Developer has requested the Authority and the City to publicly participate in the Project (further defined below)primarily in the form of the acquisition of structured parking facilities. In addition, the Developer has requested the establishment of a special service district (as further described below, the "SSD") to offset certain costs related to the public parking facilities and to provide enhanced services within the project area. These forms of participation will allow the Developer to address public parking needs, provide public amenities and dramatically enhance the density and quality of development, consistent with the City's goals in the Town Center area of Virginia Beach. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible transaction is complex and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations among the parties will only be as specified in any definitive agreements that ultimately may be approved by City Council, the Authority's Board of Commissioners and the Developer's principals,and executed by all of the parties. Any and all obligations of the City and the Authority are subject to appropriation of sufficient funds to meet those obligations by the City Council of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 2/18/256,/24,/24 Proiect Description:The project will be constructed in three(3)phases(described below) on approximately 5.273 acres of property currently owned by Developer and operated as Pembroke Square (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase I: a 7-story, 153-unit senior living community in what was formerly surface parking at the northeastern corner of the Pembroke Square. Phase I will be supported by surface parking. The Developer's anticipated investment is approximately$64,300,000. b. Phase II. a 7-story multi-use structure with approximately 35,000 square feet of ground floor retail and 6 levels of apartments with 272 market rate units. There will also be a 7-story parking garage ("Phase II Garage") adjacent to the multi-use structure consisting of approximately 611 spaces. Phase II will be in the area that is formerly the central area of the Pembroke Mall. Developer's anticipated investment in Phase II is approximately$2,500,000 for the retail and approximately$68,600,000 for the apartments. The anticipated public investment in the parking in Phase II is approximately$18,330,000 plus a portion of the SSD monies per Section 3(b) below. Phase II will be a multi-unit condominium with each element of the Phase a separate condominium unit. c. Phase III. A 7-story hotel, parking garage, and restaurant. The ground floor will be a restaurant, 2 levels of parking garage, and 4 levels of hotel. The parking garage (the "Phase III Garage" and collectively with the Phase II Garage, the "Garages") will consist of approximately 134 spaces and the 4 levels of hotel will consist of approximately 163 rooms.In addition to the structured parking,there will be approximately 29 surface parking spaces around and in the immediate vicinity of the Phase III structure. Phase III will be adjacent to Virginia Beach Boulevard where the SunTrust/Truist bank was formerly located. Developer's anticipated investment in Phase III is approximately $31,883,000. The public investment in the parking is Phase III is anticipated to be approximately $4,020,000 plus a portion of the SSD monies per Section 3(b) below. Phase III will also be a multi-unit condominium with each element of the Phase a separate condominium unit. 2. Developer Obligations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any 2 2i18i256,/24,124 increase in Developer's private investment could result in the public investment likewise being increased. c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition,the Developer acknowledges the City Council's 12%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Particivation. a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the Authority,and the Authority shall purchase each Garage from the Developer at the completion of the applicable Phase. Each Garage to be purchased pursuant to a condominium parking unit purchase agreement in form and substance mutually satisfactory to the City and the Developer. On completion of construction of each Garage,the Authority will acquire the Garage for$30,000 per space, inclusive of all hard and soft costs except as set forth in Section 3(b) below. In addition to the $30,000 per Ispace, the City will also pay up to $2584,470 per space for construction loan interest incurred by Developer during and attributable to the construction of the Garages. The City shall have the option of paying construction costs of the Garages prior to completion to reduce interest incurred during construction, provided, any such payments shall be applicable to the purchase price of the applicable Garage upon completion. The Garages shall be free and open to the public for a period of 30 years from the date each Garage opens. The Authority shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project, with the locations and cost of such Parking License to be established in the development documents. b. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District("SSD"). The initial amount of the SSD is anticipated to be an additional $0.43-47 to the real estate tax rate. It is anticipated that .(1) $5,500,000 of the SSD monies will be used to pay for costs of the Garages in excess of $30,000 per space, including a total of$1,500,000 in design/soft costs for the Garages currently allocated as follows: (a) $860,000 for Phase II and (b) $640,000 for Phase III. Included in the $1,500,000 design/soft costs shall be a development fee for the Garages and (II) $1,281,400 of the SSD monies will be used to pay for up to $1 720 in actual construction loan interest for each parking space in the Garages. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. 3 2/18/256,L24,24 C. All obligations of the City and Authority to be expressly subject to the City Council appropriating sufficient funds to the Authority to meet its obligations. 4. Guaranty of Assessed Value: As set forth in Section 3 above,the City/Authority intends to finance the cost of the Garages with (i) real estate and hotel taxes generated at the Project and (ii) a portion of the SSD monies. It is possible that the City/Authority will experience a loss of certain of the material benefits of its bargain under the Project(including, without limitation, a material reduction of anticipated tax revenues)if the private elements of the Project do not yield the anticipated assessed values, or if the Phases are not complete within the timeframes set forth below in Section 5. In consideration of such potential loss,Developer shall cause the entities owning the projects to pay a reimbursement amount(the"RA Amount")sufficient to restore any shortfall in actual taxes to the amounts projected(based on the existing real estate tax rate). The RA Amount will be secured on terms and in a form acceptable to the City/Authority. (Please provide a copy of the reimbursement guaranty and there should be separate guaranties for each project.) 5. Proposed Timeline: a. Phase I is in progress and anticipated to be complete by Fall 2024. b. Phase II to commence construction within 16 months of approval of Project by City Council. Completion within 26 months thereafter. c. Phase III to commence construction within 16 months of approval of Project by City Council. Completion within 24 months thereafter. 6. Next Steps a. Public briefing of revised Term Sheet b. Public Comment and City Council and Authority vote on Term Sheet and authorization to execute Defmitive Documents. 4 r •.�-*.- aw- I golf" dl INDEPENDENCE BLVD. _�, a a•=. „�,. . ,,. .__. _ _ . z ca r. -r As n co 10 77 } .•. r y y, ow Al = A. D CONSTITUTION DRIVE *. ,♦� Z Ul r r H �._ ( p �- Ln yr m pn Alp, 3 r _. ( O 1 � Ir� lil The disdosures contained in this form are necessary to Inform public offidak who may vote on the approwilon as to whether they have a conflict of interest under Virginia boy. The completion and submission of this form Is required for all appfkatlons that pertain to City real estate matters ortotbe development and/or use of property In the Ckyy of Vkonla Beach requiring action by the City Council or a Q!y board,.commission or other body. Avpllcant Otre Applkw t Name Pembroke Square Assochas,LLC Does the applicant have a representative? E YOS O No • If yse,list the name of the representative. Ramsay Smith is the applicant a corporation,partnerahhx,flout►,William trust arm wilr=rporated business?M Yes ❑No if yes,rest the names of all officers,d rectors,members,trustees,etc.below. (Att wh*,ikt d n6ceawy) Vincent it OMerl,Jahn E.ODvieri,Mkhael V.OYvkK Vincent A.Napolftarw,rfedeft I fyapoftno If yes,list the businesses that have a parent subsidiey?or affiliated business erriity'rdationshfp With the applicant (Attach a bt I necessary) Numerous entities and business entities are affiliated with the Appikant through fts various principals name;listed above.See attached firL "Parmt-subsidlary relationship"means'a relationship that exists when one corporation directly or Indirectly owns shares possessing n wne than So percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-SW1. 2"Afftileted business entity relationship'means"a relationship,other than parent-subsidiery relatloxnhip,that exists when p)one business entity has a controlling ownership Interest In the other bvslnmss entity.(Il)a controlifng owner in one entity Is also a conprolkii;owner in the otter entttY,or(tire there is shared management or control between the business entities, Factors that should be considered in determining the endstance of an aff hated business entity relationship,include that the same person or substentiaity the same person own or manage the two entities;Owe are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or Owe is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of interests Act,Va. Code 4 2.2-310L I I P a g e Known Inbre:t by PUbk ONkW or Ems Coen en nINII I l or employ"of the Cky of YkgMb beady have an Interest in the subject bald or any proposed development contingent on the subject public action?13 Yas; ! No • If yes,what Is the name of the official or employee and what Is the nature of the interest? AaolkatrtSmim Dkdosune I. Dori the applicent have any addbe f nerve E(mortdart,d•*dt of cant, @"ar are shay ooesklabg any finanft in eorrnctton with the subject of the appkedon or any business operating or to be operated on the property? ■Yes Ow • 9 yes,identify the financial kxdtsstiorls providing the serice. Towne!lank 2. Does the applicant have a real astata broiaar/apvVreahnr for ovment and anticipated future sales of the subject property? ❑Yes ENO • Of yes,identify the company and ksdhrldual proridhrg the service. 3. Does the applicant hove services for accounting mWet preparation of tas returns provkled In connection with the se0 of else appkation or awry business op m ne or to be operated on the property?❑Yes N No • tf yet,klentify,the firm and Individual providing the service. 4. Does the applicant have services from an archIkWIondscaps wddteet/land ptw~proOded In correction with the subject of the appicklm or any busksesa operating or to be operated on the property?9,Yes ❑No • if yak Identity the firm and Individual providing the service. Kohler Slater,ln: ill W.Wisconsin Avenue,Mbuk m tun S32M S. is there any other pandft or proposed pwdraear of the subject property?0 Yes F No • If yes,identify the purchaser and purchasees service providers. 2 1 P a g e S. Does the applicant have a aomumMon eontradrx In r onnection with the subject of the application or any business operatlr'C or to be operated an the property?❑Yes N No • If Yes,Want*the company and kndMdual providing the service. 7. Does the applikant have an Yngliww/survey/agent In connection with the subject of the application or any businns operating ear to bs opereted on the property7 f Yes 0 lib it m identify the firm ono htdlviduai providbtg the service. l0mteMorn,4525 Main Street,Suft 100D;Nlgir&Beack VA 23462 & b the naoeivarg MgelttsaNaia ItteotrnWor►with the subject of the application or any business operating or to be apasl pd on the property? Yea C1 NO • if�,14attlfjr the firm and ktdMllisM pa4dirtg the service. IL iEdM. d gourdotb M.l;Sq- Aojkarit Stune I certify that all of the information contained In this Disdostwe Statement Form is complete,true,and securata. I understand that, upon receipt of notification that the application has been sclmduied for public hearing,I am responslatt for updw**the Infornnation provided herein two weeks prior to the maating of Pwraartg CommIsdon.City l owm:L VBW`tBPA,rietianda B&,re or any public body or cormdtMe In connection with this application. APPMWlrpftrt ifedarldt J..NapoOtarno Plfsnt and 71t1a _ _T— Ope'atJ�M� Date le1,O Is the&pptiwnt also titer:owner of the subject proper"? Yes No • if Yes,you do not need to fill out the owner disclosure staternant UJIM do dary•tMat talc• >ioom" lgatNuar _ one- 3 Page Continue to Next Page for Owner Disclosure 41Page Owner Dlsdosure Owner Katee Pen*roke Square Associates,LLC App)kard Nome Pembroke Square Associates,LLC Is the owner a cwporatfon,pattatetafitp,firny business,t rmt or an uMnoot wow beainatat/Yet No • if yes,list the names of all officers,directors,mernbers,wjsbea,ate.blow. 6t If necessary) Vincent tt.t7ivlerf,John E OWteri,MkhaN Y.OIINer),tArtonirrt A:t4ipo10srror Fniderlticl.NaoolRano • OM Ile the budnesm that lave a parent-vAsidiaryt or of hated business entity'reloonship with the owner. jAtlacir a YstNneoeaaaM See amedtid 6L Ootem Inteneat by Public OffkW or Etndov�e Does an W&W or eaplom of the MY of vko*beech have an Interest in the saillod land or any proposed development contingent on the wbjea public action?❑Yes P No If yea,what Is the name of the official or employee and what is the nature of the Interest? s•Parent-subsidlary relationsbW mom"a re ationft that exists when one corporation directly or kWbecdy owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. 'Afflllated business entity relationship'means'a relationship,other then pwent-sutuidiary relationship,that ewsts when(t)one business entity,has a controlling ownership interest,in the other business entity,(lh a controlling owner In one entity Is also a controlling owner in the other eaft or(N)thwe is shared management or control between the busWm entities, factors that should be con*%red in determining the exb Mwe of an elated business entity relationship Include that the seine person or substantially the same person own or manage the two entitles;there we common or cometitrrgled fu ub or assets,the buslnm entitles share the use of the same offices or employees or otherwise share acdvitles,resources or personnel on a regular basis;or there Is otherwise a dose working relationship between the entitles.` See State end Local Government Conflict of Interests Act,Vs. Code 4 2.2.3101. 5 1 P a g e Owner Services Disdosut+e 1. Does the Owner have any e>dstirrg financing(awlawt,deeds of Mak oros5,CON nHMVdO%.etrj or are tit considarkq any firwtdng In connection with the subject of the application or arty buskresa operating or to be operated on the property? IV Yes O No • N yu,identify the financial institutions providing the s VWM Towne Burk 2. Does the Owner have a real estate broker/ageWmaltor!or arment and urtiokMed future sales of the subject pmpwW D Yes N No • H yes,identify the am*"and krdlvidual providbg the service. 9. Does the owner have servicas for acommdr g mWer prapangtt F alas mum provided In corowction wBh ft subject of the appiteatbn a arty busbress opemdrrg a to be operated on the prgww?[3 Yes 9 w • If yeas,kkmft the firm and kwilvidual providing the service. 4. Does the Owner have services from an ardtitaet/landscapa ard**ct/bnd pbmw presided in connection with the subject of the application or any budneas operating or to be operated on the properq?Pr Yes ❑No • if yet,Identify fire firm and individwl providing the service. K"r Slater,Inc„ill W.Wisconsin Avanue,M bulne,WI SSM S. is there any other pandirW or I apesad pundase►of the subject property?O Yes IF No N yea,Identify the purdwaser and pur losers service providers. fi Does the Owner have a consbuetion coniretsor In connection with the subject of the application or any business operating or to be operated on the property?❑Yet C No • N yes Identify the company and Individual providing the service. 7. Does the Owner have an anjinaar/surveyor/agent in connection with the us*ct of the application or any business operating or to be operated on the property?13 Yes ❑ No • If yes,Identify the firm and Individual providing the service. Kimley4iorn},4525 Main Street,Sulte 1t1o0,Vhginda!teach,VA LUC 6 Page S. it Ow Owner imceikft in awmection with the sub)ed of the appliolrtion or any business qmndtf or to be operated on the W"wW Yes 0 No • ff tm kla,Wv the firm and bdfAduai providing lepi the servim P.inward owjm on.Jr„Pao• Owner Sire I ce*tort A of the la(onnationn contained In this Disclosure Strternent Fam Is complete,true,and aowrste. I undwmnd that; upon reoW of notlllicitlan"the applmtlon has been scheduled for puM heart$,I am reuponag*for updating the fnfonnstion provided bereNh two wealts prior to the igeed of►nn t COMmISOON Ott ,VBDk aft.Words bard or vat publk body or tommktte in eormcdon with this appiiordan. Owner 95106re Frederick!,Napoliwho prlat Name and TO -- — -- _ � t mwmw 7 Page AW,IXMT AND OWNM Ramsay SrrM-Pembroke Square Associates,LLC MANAGERS AND MEaIIBERS OF APPUCANT: Vincent R.Olivierl John E.Ofivleri Mi--"el V.Olmen Christopher C.Oihtlett Rosemary L Oivied Robert Olvled Vincent A.Napoklano Frederick J.Napoilb no,II Theresa Napolbm John C.Nepolitano Napolihm Homes Vincent A Napolitano Froderiok J.Napoleano,II Theresa NepoOtano John C.NapoMeno TertylPeiarcon Residential Comp&nM John Peterson Jr. John Peterson Ili t uaky Peterson Aseodated Development Management Corp. John E.0llvieri Mict"V.Ofivied Pembroke Commercial Realty,LLC wu S Z u t� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of 40.89+/- Acres of Property Located Along West Neck Road from the Frank S. Fountain Revocable Trust MEETING DATE: February 18, 2025 ■ Background: The Frank S. Fountain Revocable Trust ("Trust") owns approximately 40.89 acres of forested land along West Neck Road within the City of Virginia Beach (GPIN: 2403-14-3367) ("Property"). The Property was first brought to the attention of the City of Virginia Beach ("City") by Nancy E. Fountain, Trustee of the Trust ("Trustee"), when she applied for the Property to be considered in the City's Agricultural Reserve Program, whereby the development rights of the Property would have been sold to the City. The City responded with two proposals, an offer for the value of the development rights and an offer for the value of the total acquisition of the Property. After reviewing the City's proposals, the Trustee decided to offer the Property for sale to the City as a total acquisition. The purchase of the Property would be for the public purpose of maintaining and preserving a forested natural area and wildlife habitat in the Southern Rivers Watershed region of the City. The Property is undeveloped and is unencumbered by land restrictions or occupants. ■ Considerations: The purchase price for the Property is $1,569,300 and the acquisition can be funded from the Southern Rivers Watershed Site Acquisition Program, CIP 100511. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the Property. ■ Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms attached to the Ordinance as Exhibit A. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: [*V 1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 2 40.89 +/- ACRES OF PROPERTY LOCATED ALONG WEST 3 NECK ROAD FROM THE FRANKS. FOUNTAIN REVOCABLE 4 TRUST 5 6 WHEREAS, the Revocable Trust of Frank S. Fountain ("Trust")owns approximately 7 40.89 acres of forested and undeveloped land located along West Neck Road in the City of 8 Virginia Beach ("Property"); 9 10 WHEREAS, Nancy E. Fountain, Trustee of the Trust ("Trustee"), desires to convey 11 the Property to the City of Virginia Beach ("City") for $1,569,300; 12 13 WHEREAS, funding forthe acquisition is available in the Southern Rivers Watershed 14 Site Acquisition Program, CIP 100511; 15 16 WHEREAS, the Trustee has agreed to convey the Property to the City in accordance 17 with the Summary of Terms attached hereto as Exhibit A and incorporated herein; and 18 19 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 20 the Property in accordance with the Summary of Terms. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council authorizes the acquisition of the Property by purchase 26 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 27 28 2. That the City Manager or his designee is further authorized to execute all 29 documents that may be necessary or appropriate in connection with the purchase of the 30 Property, in accordance with the Summary of Terms attached hereto as Exhibit A, and 31 including such other terms, conditions and modifications as may be acceptable to the City 32 Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 35 of 2025. APPROVED AS TO CONTENT APPROVED AS TO LEGAL S Uj 71 CIENCY P blic Works /.Real Estate C Atto e APPROVED AS TO AVAILABILITY CA16589 OF FUNDS: \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d007\p052\01004858.doc R-1 February 5, 2025 Zia-/ Finance EXHIBIT A SUMMARY OF TERMS SELLER: Frank S. Fountain Revocable Trust BUYER: City of Virginia Beach PROPERTY: 40.89+/- acre parcel (GPIN: 2403-14-3367) CONSIDERATION: $1,569,300 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • City shall have a 60-day study period from full execution of the Agreement of Sale to evaluate the Property. The Agreement may be terminated prior to the end of the study period upon written notice to the Seller. • Settlement will be within 30 days after expiration of the study period, or as soon thereafter as is practicable but in no event later than April 11, 2025. • Seller shall pay its own attorney's fees and costs. • City shall bear the costs of obtaining a title report and preparation of closing documents. • The Seller's brokerage fee will be paid by the Seller. The City is not responsible for any brokerage fee. LOCATION MAP y'�ONEwOOO OR -K wfSINECkR KINGSF1EtO DR O q- 0 O O O 3 r = h� h O Y U W F. VI W 3 Y Q H 2 P NES Approx. 40.89 Acres tt EgROOR (GPIN: 2403-14-3367) tR GRErSTONE ST Y O a SwAllysONs m tN w N 2 O x KESTREttN v .._ z CITY OF Disclosure VIRGINIA VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANTSECTION 1 : DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application The Revocable Trust of Frank S. Fountain, dated January 30, 1996, as amended 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 1f yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes@No0 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Nancy E. Fountain, Trustee Does the subject property have a proposed or pending purchaser? Yes • No if yes, name proposed or pending purchaser. City of Virginia Beach KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage, deeds of trust, O @ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O @ Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1. APPLICANT DISCLOSURE Col. SERVICE YES NO �'---- SERVICE PROVIDER _ _ (None entity and/or.individual _ _ o 0 Accountin�/Tax Rrturn Pa-at Architect/Designer/Landscape �0 O — --- Architect/Land Planner Construction Contraacw O Engineer/Surveyor/Agent O Legal Services O O "o- rim"'.t4.bNurw4ftShoo&Wq►f-ka m�..afw o..,sar,-„i►C APPt_ICANT CERTIFICATION READ:I certify that ati 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, V80A,CBPAA, Wetlands Board®r any PUUIC body or committee in C0rnection with this application. Nancy E. Fountain,Try Applicant Name(Print) &A4Pli Signature Date Parent-sub->idiory relationship"means "a relationship that exists when one corporation directly or indirectly awns s.lrares possessing more than 50Percent of the voting power of another corporation.'See State and Loco!Govtrnmem Carrfi -x-t of Interests Act. VA.Code§2.2-3101. 2"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 on aff'liated business Faitity reap in Jude that the sarw Prfsan or substantially the ; rrre per ran crwr,or r�aa..a, e two esstit:es;theme are common or commres d funds or business entities share the use of the some offices or employees or otherwise sho a activitiesSets 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. FM CITY LME A w a No changes as of(date): i Staff Name(Print) Staff Signature _.. .._.. _ Date Disclosure Statement ( rev. May-2024 page 2 of 3 o g R v JJ CITY OF VIRGINIA BEACH AGENDA ITEM 3 ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections/Deletions to the Road Inventory for Urban Maintenance Payments MEETING DATE: February 18, 2025 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated July, 1, 2024, which stated the FY25 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at$17,082.15 per lane mile, and arterial streets will be reimbursed at $29,094.20 per lane mile. ■ Considerations: The first resolution requests the addition of new streets not currently in the inventory in the amount of 0.92 lane miles which will be eligible for urban maintenance funds beginning July 1, 2025. All 0.92 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $15,295.79 per year for these added lane miles. This second resolution acknowledges changes and is the result of three (3) local/collector streets that had their street names deleted and renamed. These three (3) local/collector streets, as seen in Exhibit B, had a net decrease of 1.37 lane miles with a corresponding addition of 1.37 lane miles. This then results in a zero (0) total net increase in urban maintenance lane miles. The total net increase in urban maintenance lane miles from the addition of new streets and the re-naming corrections will result in a funding increase of$15,295.79 from VDOT. ■ Public Information: The item will be publicized as part of the City Council's agenda. ■ Recommendations: Approval ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:00 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS.. the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 0.92 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS. the City of Virginia Beach has accepted and agreed to maintain these 14 streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA- 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, and 24 to begin paying urban maintenance payments to the City of Virginia Beach based on the 25 established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the ____ day of 2025. PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- epartme o, Public Works PIV�A,6rney's Office CA16811 R-1 January 29, 2025 Exhibit A - New Streets Pub�`WorVirginia rations New Street '---No Street Type STREICT FRO113_ Tp t AjYE�MILES LOCAL GUM BRIDGE CT GUM BRIDGE RD W DEAD END 0.92 Total Lane Miles of LOCAL streets: 0.92 Total Lane Miles of New Street: Q,Q� Thursday,December 5,2024 Page I of 1 (fI E n4G s .t �Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections/Deletions to the Road Inventory for Urban Maintenance Payments MEETING DATE: February 18, 2025 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated July, 1, 2024, which stated the FY25 reimbursement rates. The rates areas follows: local/collector streets will be reimbursed at$17,082.15 per lane mile, and arterial streets will be reimbursed at $29,094.20 per lane mile. ■ Considerations: The first resolution requests the addition of new streets not currently in the inventory in the amount of 0.92 lane miles which will be eligible for urban maintenance funds beginning July 1, 2025. All 0.92 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $15,295.79 per year for these added lane miles. This second resolution acknowledges changes and is the result of three (3) local/collector streets that had their street names deleted and renamed. These three (3) local/collector streets, as seen in Exhibit B, had a net decrease of 1.37 lane miles with a corresponding addition of 1.37 lane miles. This then results in a zero (0) total net increase in urban maintenance lane miles. The total net increase in urban maintenance lane miles from the addition of new streets and the re-naming corrections will result in a funding increase of$15,295.79 from VDOT. ■ Public Information: The item will be publicized as part of the City Council's agenda. ■ Recommendations: Approval ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: /V 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS/DELETIONS TO THE 4 ROAD INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared by 12 the Virginia Department of Transportation and have determined that some inaccuracies 13 exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached). 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by reference, 26 and to begin paying urban maintenance payments to the City of Virginia Beach based on 27 the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the ___day of . 2025. A, PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: De artment f ublic Works` i y A rney's ffice CA16814 / R-1 February 6, 2025 r City of Virginia Beach Exhibit B - Changes Public works/operations dditions/Replaced deletions reet Ts pe STR1:eT FROM LAN E MILES LOCAL CHELSEA CT RIC14ARDSON RD S CUL DE SAC 0.05 LOCAL DR.DICROCE BOULEVARD BUCKNER BLVD DR.DICROCE BOULEVARD 0.08 LOCAL DR.DICROCE BOULVARD COMMUNITY COLLEGE PL FACULTY BLVD 1.24 Total Lane Miles of LOCAL streets: 1.37 Total Lane Miles of Additions/Replaced deletions: 1.37 Deletions/To be replaced Street T+lie STREET FROM TO LANE MILES LOCAL MICHAEL LA BOUVE DR BUCKNER BLVD MICHAEL LA BOUVE DR -0.08 LOCAL MICHAEL LA BOUVE DR COMMUNITY COLLEGE PL FACULTY BLVD _1.24 LOCAL ZAMANI CT RICHARDSON RD W CUL DE SAC -0.05 Total Lane Miles of LOCAL streets: -1.37 Total Lane Miles of Deletions/To be replaced: -1.37 Thursday,December 5,2024 Page 1 of 1 u S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $80,000 of Fund Balance in the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment MEETING DATE: February 18, 2025 ■ Background: The Virginia Beach Police Department requests that City Council approve the use of $80,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase protective helmets and vest kits for the Special Investigations Unit. This gear will provide protection for sixteen officers. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission. These funds 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 of this Fund is around $2 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:AV 1 AN ORDINANCE TO APPROPRIATE $80,000 OF FUND 2 BALANCE IN THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $80,000 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 Police Department Operating Budget for police equipment. 12 13 2. The City makes no commitment to replace any equipment purchased with these 14 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 an anagement Services ttorney's Office CA16812 R-1 February 3, 2025 rot CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support Substance Use Programs MEETING DATE: February 18, 2025 ■ Background: Virginia Department of Behavioral Health and Developmental Services (DBHDS) provides Virginia Beach Department of Human Services with ongoing Substance Abuse Prevention and Treatment Federal Block Grant funds intended to prevent and treat substance use disorders. This award is to support the Community Services Boards workforce and services by supplementing the FY 2025 ongoing block grant allocation. ■ Considerations: DBHDS is providing $43,097 to support personnel and client support expense in programs that provide services for individuals with substance use disorders. There is no local match for this state funding. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: PW 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT SUBSTANCE USE PROGRAMS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $43,097 is hereby accepted from the Virginia Department of Behavioral Health and 8 Developmental Services and appropriated, with revenue increased accordingly, to the FY 9 2024-25 Operating Budget of the Department of Human Services to support the Virginia 10 Beach Department of Human Services substance use disorders 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: i-L_J,,� &—iAtm — �__J-""_� Budget and Management Services City Attorney's Office CA16813 R-1 February 5, 2025 o E,T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the Reserve for Contingencies and to Authorize a Grant for $40,000 to the Virginia Aquarium Foundation MEETING DATE: February 18, 2025 ■ Background: On September 3, 2024, City Council approved an ordinance directing the City Manager to collaborate with the Virginia Aquarium Foundation (the "Foundation") on a long-term plan for sustainability regarding operational efficiency, the condition of the facility and exhibits, and seeking state and federal funding opportunities for the Virginia Aquarium. The Foundation, with financial participation from the City, intends to enter into a contract with Canopy Strategic Partners to further study sustainable operating models. The cost of this study is approximately $69,050. ■ Considerations: The proposed grant is for $40,000, and it represents more than a 50/50 split of the proposed cost of the study. The proposed funding source is the General Fund Reserve for Contingencies. The current balance of that reserve is $1,308,881. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Virginia Aquarium City Manager: /W 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 RESERVE FOR CONTINGENCIES AND TO AUTHORIZE A 3 GRANT OF $40,000 TO THE VIRGINIA AQUARIUM 4 FOUNDATION 5 6 WHEREAS, on September 3, 2024, City Council approved an ordinance directing 7 the City Manager to collaborate with the Virginia Aquarium Foundation on a long-term 8 plan for sustainability regarding operational efficiency, the condition of the facility and 9 exhibits, and seeking state and federal funding opportunities for the Virginia Aquarium; 10 11 WHEREAS, the Virginia Aquarium Foundation has requested the City financially 12 participate in the cost of a contract to study sustainable operating models; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1. $40,000 is hereby transferred from the General Fund Reserve for 18 Contingencies to the Operating Budget of the Virginia Aquarium. 19 20 2. A grant of $40,000 is hereby authorized for the Virginia Aquarium Foundation 21 to fund a portion of the contract to study sustainable operating models. 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: Budget and Management Services `City ney's Office CA16815 R-1 February 6, 2025 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _______________________ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FNO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO and Forvis Mazars X your tax return Financial Services (include Towne Bank, Truist, Gratus x lending/banking institutions and Wealth Advisors current mortgage holders as applicable) Williams Mullen x ❑ Legal Services Animal Underwater Exhibits, x Broker/Contractor/Engineer/Other Trolley House, Photogenic, Service Providers Rover Tours, Curtis Group, Roto Design CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Daniel Peterson 2/6/24 APPLICANT'S SIGNATURE PRINT NAME DATE L. PLANNING 1. 3311 STREET, LLC for a Street Closure re two (2) contiguous air rights parcels above 33rd % Street adjacent to 3300 & 3330 Pacific Avenue and 305 351h Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. 33rd STREET, LLC for a Special Exception for Alternative Compliance re construct a senior living facility at 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue and property west of 305 33rd Street, DISTRICT 6 RECOMMENDATION: APPROVAL 3. EVERGREEN VIRGINIA, LLC / EVERGREEN VIRGINIA, LLC &WINNER'S PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit re expand existing dealership at 3700 & 3736 Sentara Way DISTRICT 3 RECOMMENDATION: APPROVAL 4. KNOSOS, LLC for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-7.5 Residential re develop an eight-lot subdivision at a parcel south of 2832 Bald Eagle Road DISTRICT 2 RECOMMENDATION: APPROVAL 5. WESTVIEW PLAZA ASSOCIATES, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment District re develop a multi-family residential community at 6528 & a portion of 6544 Indian River Road, parcel directly north &west of 6528 Indian River Road DISTRICT 1 RECOMMENDATION: APPROVAL 6. VIBE 19, LLC for a Conditional Use Permit re short term rental at 1907 Cypress Avenue, Units 101-109, 200, & 300 RECOMMENDATION: APPROVAL 7. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 (Deferred indefinitely from November 12, 2024) RECOMMENDATION: APPROVAL fV�� l NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,February 18,2025 at 6:00 p.m.In the Council Chamber at City Hall,Building 1,2m Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the twostep process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 18,2025. 2. Download WebEx and view the meeting at: httos://vbeov.webex corn/weblink/reyrster/rf875be247a4af b34843932abd1d20c23 The following requests are scheduled to be heard: 33r°Street,LLC Street Closure Adjacent Addresses:20-foot wide by 82-foot-long air rights parcel,west of the intersection of 33rd1/2 Street and Pacific Avenue,immediately adjacent to 3300&3330 Pacific Avenue and 305 35th Street Adjacent GPINs: 2418939083,2428020835.2418929868 City Council: District 6 (Remick) 33r° Street, LLC Alternative Compliance Addresses: 3330 Pacific Avenue,3300 Pacific Avenue,305 33rd Street,parcel immediately west of 305 33rd Street,and parcel immediately east of 3300 Pacific Avenue GPINs: 2428020963, 2418929868, 2418928882, 2428020835,2418939083 City Council:District 6(Remick) Evergreen Virginia,LLC Property Owners:Evergreen Virginia,LLC& Winner's Properties,LLC Modification of Conditions Address:3700& 3736 Sentara Way GPINs:1487523853,1487428775 City Council: District 3(Berlucchi) Knosos,LLC(Applicant&Property Owner)Conditional Rezoning(AG- 1 Agricultural District to Conditional R-7.5 Residential District) Address:Parcel directly south of 2832 Bald Eagle Road GPIN: 1495505126 City Council:District 2(Henley) Westview Plaza Associates,LLC(Applicant&Property Owner) Conditional Rezoning(B-2 Community Business District to Conditional A-24 Apartment District)Address:6528&a portion of 6544 Indian River Road,parcel directly north&west of 6528 Indian River Road GPINs:1456154603,1456152963,&1456156973 City Council:District 1(Hutcheson) VIBE 19,LLC(Applicant&Property Owner)Conditional Use Permit (Short Term Rental)Address:1907 Cypress Avenue,Units 101-109, 200,&300 GPIN:2417970315 City Council:DlsWct 6(Remick) City of Virginia Beach-An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan,2016,the Urban Forest Management Plan,2023,which will supersede the Urban Forest Management Plan,2014 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https.,//clerk.virginiabeaCh.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-FEBRUARY 4,2025&FEBRUARY 11 2025-1 TIME EACH i 1 Al-2 Al2 U0. rest OR OR . A4 A�12 3 . n A24 Stir A36 . �424 A18 OR OR � OR OR A18� Al2 - A24 Al2 , A24 ► 1 1 _ D'` ' t - 2 12 -- ; OR i OR co r A 2fr� ` T- A24 A24 A 12 OR OR OR OR 33rd Street, LLC N ® site 20-foot wide by 82-foot long air rights parcel, w F n Property Polygons west of the intersection of 33rd '/z Street and Pacific Avenue, S Zoning immediately adjacent to 3300 & 3330 Pacific Avenue and 305 35th Street n Building Feet 01530 60 90 120 150 180 �A ro f+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of 33rd Street, LLC for the Closure of Two Contiguous Air Rights Parcels Located Above 33rd '/2 Street Adjacent to 3330 & 3300 Pacific Avenue and 305 33rd Street MEETING DATE: February 18, 2025 ■ Background: 33rd Street, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of two contiguous air rights parcels, Air Rights Parcel `A' and Air Rights Parcel `B', located above 33rd '/2 Street adjacent to 3330 Pacific Avenue, 3300 Pacific Avenue, and 305 33rd Street. The at-grade public right-of-way will remain open to vehicular and pedestrian traffic. This street closure application is part of the larger "Beach Tower" project, which is to develop a 12-story Senior Living Facility. The closure is necessary to complete the project as proposed, as the design spans across the alleyway to provide a continuous front along Pacific Avenue. ■ Considerations: This street closure of air rights parcels is atypical, as the street at-grade will remain open to vehicular and pedestrian traffic. Air Rights Parcel `A' will begin at a height of 16.5 feet above a 20' x 72.5' portion of 33,d '/z Street and will extend to a height of approximately 146 feet. Air Rights Parcel `B' will begin at a height of 40' above a 20' x 24' portion of 33rd '/z Street and will extend to a height of approximately 122.5'. The Viewers met on November 1 , 2024, and determined that the closure of these air rights parcels, with the conditions set forth below, will not result in a public inconvenience. Opposition was present at the public hearing. ■ Recommendation: On January 8, 2025, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0, with 1 abstention, to recommend approval of this request, subject to the following conditions, except condition 4 and condition 7 have been modified for clarification purposes: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase 3311 STREET, LLC- Street Closure Page 2 of 3 of City's Interests in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The Applicant shall dedicate four (4) feet of right-of-way width along the entire 250 linear feet of the five (5) lots on the southern side of the 33rd '/2 Street to create a twenty-four (24) foot wide right-of-way. This dedication shall include reservations of the owners' air rights fGr to be consistent with the height of both Air Rights Parcel 'A' and Air Rights Parcel 'B'. 5. The Applicant shall replace approximately 300 linear feet of existing sewer main within 33 d '/2 Street, from the manhole located westerly of the intersection of 33r, % Street and Pacific Avenue, which has been assigned the unit ID number of "003-205-M," to the manhole located southerly from the southwest corner of 312 3411 Street, which has been assigned the unit ID number of"003-271-M," to the satisfaction of the Public Utilities Department. 6. The Applicant shall encase the replacement sewer main with a steel sleeve under all portions of the Air Rights Parcels, extending twenty (20) feet on both sides past the Air Rights Parcels, to the satisfaction of the Department of Public Utilities. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 24 months of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 9Re—yea-r 24 months of the City Council vote to close the rights-of-way this approval shall be considered null and void. ■ Attachments: Ordinance (with Exhibits A and B) Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Opposition (1) 33 d STREET, LLC- Street Closure Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/ 1 ORDINANCE APPROVING APPLICATION OF 33RD 2 STREET LLC FOR THE CLOSURE OF TWO 3 CONTIGUOUS AIR RIGHTS PARCELS LOCATED 4 ABOVE 33RD '/2 STREET ADJACENT TO 3330 & 3300 5 PACIFIC AVENUE AND 305 33RD STREET 6 7 WHEREAS, 3311 Street L.L.C., a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described air rights parcels above an improved public right-of-way 10 discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said air rights parcels above the 13 public right-of-way be discontinued, closed, and vacated, subject to certain conditions 14 having been met on or before twenty-four (24) months from City Council's adoption of 15 this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described air rights parcels above an improved portion of 23 right-of-way (the "Right-of-Way") be discontinued, closed and vacated, subject to certain 24 conditions being met on or before twenty-four (24) months from City Council's adoption 25 of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and being 28 in the City of Virginia Beach, Virginia, designated and described as 29 "PROPOSED CLOSURE OF AIR RIGHTS PARCEL `A' 16.5' 30 ABOVE A 20' X 72.5' PORTION OF 33RD '/2 ST, shown as the 31 shaded area on that certain exhibit plat entitled: "EXHIBIT `A' 32 SHOWING AIR RIGHTS PARCEL `A' PROPOSED FOR 33 CLOSURE ABOVE A 20' BY 72.5' (1,450 SF) PORTION OF 33RD 34 '/2 STREET EXTENDING VERTICALLY 146' CONTIGUOUS WITH 35 LOTS 2 AND 12 AND PORTIONS OF LOTS 3 AND 13, BLOCK 36 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B. 4, PG. 37 266; M.B. 5, PG. 103; M.B. 5, PART 2, PAGE 151), dated October 38 30, 2024, prepared by Timmons Group, a copy of which is 39 attached hereto as Exhibit A. 40 and 41 ALL THAT certain piece or parcel of land situate, lying and being 42 in the City of Virginia Beach, Virginia, designated and described as 43 "PROPOSED CLOSURE OF AIR RIGHTS PARCEL `B' 40' 44 ABOVE A 20' X 24' PORTION OF 33RD '/2 ST, shown as the 45 46 NO GPIN (Right-of-Way) 47 Adjacent GPINs: 2418-93-9083, 2428-02-0963, 2428-02-0835, and 2418-92-9868 48 shaded area on that certain exhibit plat entitled: "EXHIBIT 'B' 49 SHOWING AIR RIGHTS PARCEL 'B' PROPOSED FOR 50 CLOSURE ABOVE A 20' BY 24' (480 SF) PORTION OF 33RD '/2 51 STREET EXTENDING VERTICALLY 122.5' CONTIGUOUS WITH 52 PORTIONS OF LOTS 1 AND 11, BLOCK 107, VIRGINIA BEACH 53 DEVELOPMENT COMPANY (M.B. 4, PG. 266; M.B. 5, PG. 103; 54 M.B. 5, PART 2, PAGE 151), dated October 30, 2024, prepared 55 by Timmons Group, a copy of which is attached hereto as Exhibit 56 B. 57 58 SECTION II 59 60 The following conditions must be met on or before one (1) year from City Council's 61 adoption of this ordinance: 62 63 1. The City Attorney's Office shall make the final determination regarding 64 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 65 Beach shall be determined according to the "Policy Regarding Purchase of City's 66 Interests in Streets Pursuant to Street Closures," approved by City Council. 67 68 2. The Applicant, or the Applicant's successors and assigns, shall 69 resubdivide the property and vacate internal lot lines to incorporate the closed area into 70 the adjoining lots. The resubdivision plat must be submitted and approved for 71 recordation prior to the final street closure approval. 72 73 3. The Applicant shall verify that no private utilities exist within the right-of- 74 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 75 company, must be provided and shall be recorded after the final resubdivision plat is 76 recorded with the Clerk of Circuit Court. 77 78 4. The Applicant shall dedicate four (4) feet of right-of-way width along the 79 entire 250 linear feet of the five (5) lots on the southern side of 33,d '/2 Street to create a 80 twenty-four (24) foot wide right-of-way. This dedication shall include reservations of the 81 owners' air rights to be consistent with the height of both Air Rights Parcel 'A' and Air 82 Rights Parcel 'B'. 83 84 5. The Applicant shall replace approximately 300 linear feet of existing sewer 85 main within 33Id '/2 Street, from the manhole located westerly of the intersection of 33Id 86 '/2 Street and Pacific Avenue, which has been assigned the unit ID number of "003-205- 87 M," to the manhole located southerly from the southwest corner of 312 34th Street, 88 which has been assigned the unit ID number of "003-271-M," to the satisfaction of the 89 Public Utilities Department. 90 6. The Applicant shall encase the replacement sewer main with a steel 91 sleeve under all portions of the Air Rights Parcels, extending twenty (20) feet on both 92 sides past the Air Rights Parcels, to the satisfaction of the Department of Public Utilities. 93 94 7. Closure of the right-of-way shall be contingent upon compliance with the 95 above stated conditions within 24 months of approval by City Council. If the conditions 96 noted above are not accomplished and the final plat is not approved for recordation 97 within 24 months of the City Council vote to close the right-of-way this approval shall be 98 considered null and void. 99 100 SECTION III 101 102 1. If the preceding conditions are not fulfilled on or before February 17, 2027, 103 this Ordinance will be deemed null and void without further action by the City Council. 104 105 2. If all conditions are met on or before February 17, 2027, the date of final 106 closure is the date the street closure ordinance is recorded by the City Attorney. 107 108 3. In the event the City of Virginia Beach has any interest in the underlying 109 fee, the City Manager or his designee is authorized to execute whatever documents, if 110 any, that may be requested to convey such interest, provided said documents are 111 approved by the City Attorney's Office. 112 113 SECTION IV 114 115 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 116 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 117 VIRGINIA BEACH as "Grantor" and 33R1 STREET, LLC, as "Grantee." 118 119 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 120 of , 2025. 121 122 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 123 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: la/)(/t Planning Department City Aprney CA16582 R-2 January 30, 2025 GPINS: 3 2428-02-0963-LOT 1 0 2428-02-0835-LOT 2 2418-92-9868-LOT 3 0 2418-92-8882-LOTS 4, 5 2418-93-9083-LOTS 11, 12, 13 LOT 5 H SOURCE OF TITLE,INSTR. NUMBER: ~ 0n PROPOSED CLOSURE OF LOTS 1, 11, 12, 13-#2014040100027983 LOTS 3,4,5-#20140401000279820 AIR RIGHTS PARCEL'A' 16.5' LOT 2-#202403041502 W N ABOVE A 20'x 72.5'PORTION W OF 33rd Y ST w LOT 4 w 0 50 100 Feet ~ "' I- Z cf) LOT 3 _cy)7 7 LOT 13 cn LOT 2 72.5' TH OF o LOT 12 = `n LOT 11 er JOHN G. ZASZEWSKI Z_ LOT 1 �' Lk. Na 048173 t`7 Ch ADO 1211612024 sS/ONAL ENG\ P A C I F I C A V E N U E SHEET 1 OF 5 -- OCTOBER 30, 2024 EXHIBIT A - HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL 'A' EXHIBIT'A' SHOWING AIR RIGHTS PARCEL'A' PROPOSED FOR CLOSURE ABOVE A 20, BY 72.5' (1,450 SF) 000000 PORTION OF 33RD 1/2 STREET EXTENDING VERTICALLY 146'CONTIGUOUS WITH LOTS 2 AND 12 AND • % PORTIONS OF LOTS 3 AND13, BLOCK 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B.4 PG 266; M.B.S T M®� GROUP PG 103; M.B.5, PART 2, PAGE 151) YOUR VISION ACHIEVED THROUGH OURS. -VH JOHN G. ZASZEWSKI _Z Lic. No. 048273 PROPOSED CLOSURE OF O� l2/l6/2024 <c� AIR RIGHTS PARCEL'A' 16.5'ABOVE A O•�` ��' 20'x 72.5'PORTION OF 33rd Y ST 20' �SSIONAL ECG\ aw Y �s BUILDING 146' 162.5' OUTLINE ABOVE GRADE LOADING AREA AND ENTRY WALK ' COLUMN 16.5' 33RD ST I I 34TH ST ABOVE GRADE I I NORTH � h----I—W ALLEY o 50 100 SHEET 2 OF 5 Feel OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' ELEVATION FROM EAST LOOKING WEST T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. TH JOHN G USZEWM _Z Lie. No. 048273 -b- PROPOSED CLOSURE OF � 16/2024`���� AIR RIGHTS PARCEL'A' 16.5'ABOVE A I20' I S/ONAL EN 20'x 72.5'PORTION OF 33rd Y2 ST BUILDING 146' 162.5' OUTLINE ABOVE ` GRADE LOADING AREA AND ENTRY WALK M I I COLUMN 16.5' 34TH ST 33RD ST ABOVE GRADE I I NORTH ( I 20'ALLEYt ° 5o 100 SHEET 3 OF 5 Feet OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' •.� ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. -H of l JOHN G. ZASZEWSKI _Z U lic. No. 048273 3h, PROPOSED CLOSURE OF AIR RIGHTS PARCEL'A' 16.5'ABOVE A 20'x 72.5'PORTION OF 33rd Y2 ST1-725 S0' �SS ONAL ENG\ EAST FACE OF BUILDING 162.5 146' w ON NORTH SIDE OF ALLEY ABOVE , z GRADE i J Iw a COLUMNS ; w la 16.5' ABOVE GRADE ; PACIFIC AVE EAST�`� 0 so 10o SHEET 4 OF 5 Feat OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' .•' ` + ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. TH MN G. ZASZEWSKI Z Lic. No. 048273 PROPOSED CLOSURE OF O� 12/16/2024 <c� AIR RIGHTS PARCEL'A' 16.5'ABOVE A- OAFS --j` 72.5� 20'x 72.5'PORTION OF 33rd Y ST S/ONAL E d 1 EAST FACE OF BUILDING ON SOUTH SIDE OF ALLEY 146' w ABOVE z; I GRADE 162.5' w 0- 0 a 16.5' PACIFIC AVE ; COLUMNS ABOVE GRADE ° 50 t00 SHEET 5 OF 5 Feet OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' % ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. GPINS: 2428-02-0963-LOT 1 2428-02-0835-LOT 2 MOW, 2418-92-9868-LOT 3 2418-92-8882-LOTS 4,5 0 2418-93-9083-LOTS 11, 12, 13 Of LOT 5 LOT 13 SOURCE OF TITLE,INSTR. NUMBER: v F- LOTS 1, 11, 12, 13-#2014040100027983 PROPOSED CLOSURE OF LOTS 3,4,5-#20140401000279820 — — — � W AIR RIGHTS PARCEL'B'40' W LOT 2-#202403041502 ABOVE A 20'x 24'PORTION w LOT 4 OF 33rd Yz ST LL1 0 50 too N Feet LOT 3 LOT 13 cn c'M cv) LOT 2 r 'T H LOT 12 = 24' ON G. ZASZEWSKI _Z M LOT 1 _ _ LOT 11 `t t Uc. No. W273 CIO 26' "' q�o� 12/16/2024 FSS�ONAL ENG\ P A C I F I C A V E N U E SHEET 1 OF 5 OCTOBER 30, 2024 EXHIBIT B - HORIZONTAL DEPICTION OF AIR RIGHTS PARCELS' EXHIBIT'B' SHOWING AIR RIGHTS PARCEL'B' PROPOSED FOR CLOSURE ABOVE A 20' BY 24' (480 SF) ••'l**� PORTION OF 33RD 1/2 STREET EXTENDING VERTICALLY 122.5' CONTIGUOUS WITH PORTIONS OF LOTS 1 f AND11, BLOCK 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B.4 PG 266; M.B.5 PAGE 103; M.B.5, PART -r I M NI O N S GROUP 2, PAGE 151) YOUR VISION ACHIEVED THROUGH OURS. TH (�- M G. ZASEWI z k No. 048273 1. PROPOSED CLOSURE OF /O�o.� 1211612024 AIR RIGHTS PARCEL'B'40'ABOVE A 20' �SS/ONAL ENS\ 20'x 24'PORTION OF 33rd Y2 ST 122.5' BUILDING 162.5' OUTLINE ABOVE GRADE LOADING AREA I I 40' ABOVE 33RD ST ( I GRADE 34TH ST I I�-120'ALLEY o sO 100 SHEET 2 OF 5 Feet OCTOBER 30, 2024 EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .• `� `4 ELEVATION FROM EAST LOOKING WEST T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. TH JOHN G. ZASZErA _Z Cc No. W8273 3b, PROPOSED CLOSURE OF �s2/l6/2024 AIR RIGHTS PARCEL'B'40'ABOVE A 20' S/ONAL EN 20'x 24'PORTION OF 33rd Y ST X BUILDING 162.5' OUTLINE ABOVE GRADE H 40' I ABOVE 34TH ST COLUMN COLUMN GRADE 33RD ST + /WORTH I I W ALLEY—i-�-�I a sD 100 SHEET 3 OF 5 Feet OCTOBER 30, 2024 EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' •�'• ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. 1H OF JOHN G. ZASZEWSKI _Z v Lic. No. 048273 1211612024 24' 26'— �SSIONAL T PROPOSED CLOSURE OF AIR RIGHTS PARCEL'B'40'ABOVE A 20'x 24'PORTION OF 33rd Y2 ST 'slt' v 122.5' EAST FACE OF BUILDING 162.E w ON NORTH SIDE OF ALLEY ABOVE I z GRADE i J I Iw a 40' a L ABOVE a GRADE COLUMNS ; PACIFIC AVE EAST( 0 50 100 SHEET 4 OF 5 Feet OCTOBER 30, 2024 EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL EB' % ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. TH of JOHN G. ZASZEWSKI Z_ Lk- No. 048273 PROPOSED CLOSURE OF AIR RIGHTS PARCEL'B'40'ABOVE A 26' 24' 20'x 24'PORTION OF 33rd Y2 ST �SSIONAL ENG\ EAST FACE OF BUILDING ON SOUTH SIDE OF ALLEY 122.5' z 162.5' i ABOVE GRADE tu' al �I al 40' ABOVE PACIFIC AVE ; COLUMNS GRADE A -I.EAST 0 50 100 SHEET 5 OF 5 Feet OCTOBER 30, 2024 EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. Agenda Item 10 Applicant- Planning Commission Public Hearing:January 8, 2025 V_B_ CouncilCity (Remick) Project Details Request Street Closure (Air Rights Parcels above 33rd'/: Street) ,JO S, u ow"pA s tM 145t Staff Recommendation ,,, � Approval o V Staff Planner , Garek Hall Hannigan rmAm M,, a= Y AdjacentAddress 3330 Pacific Avenue,3300 Pacific Avenue,305 33rd Street � •' Adjacent GP/IV r 24189390830000, 24280209630000, 24280208350000, 24189298680000 J �> '•� + AICUZ 70-75 dB DNL Watershed ..'+� [strikethrough]-Maatie Geeaw[end strikethrough] �• Chesapeake Bay Existing land Use and Zoning District 3 Improved alley right-of-way • s,, § t _+ Surrounding Land Uses and Zoning Districts N •` North Office/OR Oceanfront Resort ,Sz .► ' ; ; South "a Historic residential building/OR Oceanfront Resort East ' 33`d Yi Street, alley 33rd%Street, alley 33rd Street, LLC Agenda Item 10 page 1 of 18 Background & Summary of Proposal • The applicant is requesting to close two contiguous air rights parcels,Air Rights Parcel 'A'and Air Rights Parcel 'B' located above 33rd%Street.The at-grade right-of-way will remain open to vehicles and pedestrians. • This Street Closure application is part of the larger Beach Tower project,a 12-story Senior Living Facility. The granting of the requested closure of the Air Rights Parcels would be necessary to complete the project as proposed as the facility spans across the alleyway.The additional application required for the Beach Tower project is the Alternative Compliance application, 2023-PCCC-00099. HistoryZoning Map Key No. Request `" ,,,n CUP(Short Term Rental)Approved 11/14/2023 — �I CUP(Short Term Rental) Approved cm 1 1 11/14/2023 1 CUP(Short Term Rental)Approved 11/14/2023 CUP(Short Term Rental)Approved 11/14/2023 OR 2 NON Approved 01/14/1997 3 CUP(Commercial Parking Lot) _�F Approved 06/12/2012 2 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 As required by City Code,a Viewers' Meeting was held on November 1, 2024,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development,and the City Attorney's Office,to consider this request. Due to the unique nature of this request, conditions 4 through 6 were deemed necessary by the Viewers to alleviate any potential public inconvenience. This includes a 4-foot right-of-way dedication along the entire length of the closure area to create a 24-foot-wide right-of-way and the replacement of approximately 300 feet of existing public sanitary sewer pipe,with a portion to be encased in a 33rd Street, LLC Agenda Item 10 page 2 of 18 steel sleeve. These improvements increase the functionality of the alley for vehicles and pedestrians, preserving accessibility at grade level and also providing for upgrades and protection of city infrastructure. With those recommended conditions,closure of this portion of the right-of-way was deemed acceptable. In addition to these enhancements,the Street Closure and larger project aligns with the City's broader strategic development objectives. Located in a Resort Strategic Growth Area,the closure supports sustainable urban growth by facilitating the construction of a senior living community.This development contributes to the City's efforts to diversify housing options while promoting efficient land use. Importantly, the air rights parcels are situated 16.5 feet and 40 feet above grade, ensuring that the closure has no long-term adverse impacts on ground-level public access. Effectively,the alleyway will still be accessible for traffic with the proposed project extending over the right-of-way. These details reflect the applicant's stated intention to balance development objectives with public infrastructure considerations. Given these factors,and how this application enhances the overall project uniformity and development potential,Staff is recommending approval of this Street Closure application with the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant,or the applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The applicant shall dedicate four(4)feet of right-of-way width along the entire 250 linear feet of the five (5) lots on the southern side of the alley to create a twenty-four(24)foot wide right-of-way.This dedication shall include reservations of the owners air rights for both Air Rights Parcel 'A' and Air Rights Parcel '13'. 5. The applicant shall replace approximately 300 linear feet of existing sewer main within 33rd%Street,from the manhole located westerly of the intersection of 33`d Y2 Street and Pacific Avenue,which has been assigned the unit ID number of"003-205-M",to the manhole located southerly from the south-west corner of 312 34th Street,which has been assigned the unit ID number of"003-271-M",to the satisfaction of the Public Utilities Department. 6. The applicant shall encase the replacement sewer main with a steel sleeve under all portions of the Air Rights Parcels,extending twenty(20)feet on both sides past the Air Rights Parcels,to the satisfaction of the Department of Public Utilities. 33rd Street, LLC Agenda Item 10 page 3 of 18 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within [strikethrough] 365 days [end strikethrough]24 months of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive • • The applicant is seeking a Street Closure to benefit a larger project which seeks to develop senior living apartments, both assisted and independent living, in a 12-story building.This project falls within the Resort Area SGA and within the Short Term Rental Overlay District. The Resort Area Strategic Action Plan (RASAP) calls for"supporting impactful projects that benefit the Resort Area and the City of Virginia Beach,"while providing housing for"a diversity of incomes and households." (p. 52, RASAP)The RASAP further recommends that 15-20%of residential units be affordable to meet the goals of the RASAP. (p. 50, RASAP) Additional recommendations within the RASAP include "contemporary compatible infill"that "respects neighborhood context"as well as an emphasis on high-quality streetscape design and landscaping to enhance the public realm of the oceanfront. (p. 28 and p. 32, RASAP) The RASAP and the Resort Area SGA Plan both speak to the importance of historic preservation,with Goal 7 of the RASAP calling to "rehabilitate and preserve historic structures and properties." (p. 5)and to "adaptively reuse and rehabilitate historic properties whenever possible,as well as respect those buildings with new, contemporary compatible urban infill projects" (p.6) Further discussion on "Preservation, Cultural Identity, and Historic Structures" in the Resort Area SGA state that"With development opportunities come the responsibility of respecting and rehabilitating the historic properties in the resort area.Adaptive reuse projects are a sustainable way to preserve the history of the area. New, urban infill projects will need to take a look at historic structures on adjacent sites and respect those buildings both in massing and with a contemporary compatible design." (p. 36) 33rd Street, LLC Agenda Item 10 page 4 of 18 Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There are known historic and cultural resources that will be affected by this project:As part of the larger Beach Tower project the Jefferson Manor Motel Apartments(VLR Reference Number 134-5383), a historic resort- oriented efficiency apartment unit, will be demolished.The resource is listed on the Virginia Landmarks Register and the National Register of Historic Places.There are no deeded or codified protections to this historic resource. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9,2024. • 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, February 4, 2025 and February 11, 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 February 3, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of ttus:iiclerk.virginiabeach.Kovicity-councu on February 14, 2025. 33rd Street, LLC Agenda Item 10 page 5 of 18 U a co J C _ 1 E 0 u � 1S7 �n a m c a ai Q _ GPINS: m to 2428-02-0963-LOT 1 0 242"2-0835-LOT 2 2418-92-9868-LOT 3 c 241 B-92-8882-LOTS 4,5 n 2418-93.9083-LOTS 11,12,13 LOT 5 SOURCE OF TITLE,INSTR,NUMBER: LOTS 1,11,12,13-#2014040100027983 I— PROPOSED CLOSURE OF LOTS 3,4,5-#20140401000279820 AIR RIGHTS PARCEL'A'16.5' LOT 2-#202403041502 W N; ABOVE A 20'x 72.5'PORTION W w LOT 4 r . OF 33rd ST w o so 100 �m- 011----_—I Feet encn U) LOT 3 _ LOT 13 U) r LOT 2 72.5' o LOT 12 = LOT 1 50' LOT 11 m � P A C I F I C A V E N U E • SHEET 1 OF 5 OCTOBER 30,2024 EXHIBIT A - HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL 'A' ' EXHIBIT'A'SHOWING AIR RIGHTS PARCEL'A'PROPOSED FOR CLOSURE ABOVE A 20'BY 72.5'(1,460 SF) PORTION OF 33RD 1/2 STREET EXTENDING VERTICALLY 146 CONTIGUOUS WITH LOTS 2 AND 12 AND } ' PORTIONS OF LOTS 3 AND13,BLOCK 107,VIRGINIA BEACH DEVELOPMENT COMPANY(M.B.4 PG 266;M.B.5 TI M M O N S GROUP PG 103;M.B.5,PART 2,PAGE 151) YOUR VISION ACHIEVED THROUGH OURS. U O 00 J t-i t-i J _ O r\ cto f6 GJ Ln _ C M C]0 m Q PROPOSED CLOSURE OF AIR RIGHTS PARCEL'A'16.5'ABOVE A 20'x 72.5'PORTION OF 33rd ST ,20,, E BUILDING 146' 162.5' I ' OUTLINE ABOVE GRADE g LOADING AREA AND ENTRY WALK COLUMN • i 16.5' 33RD ST I I 34TH ST ABOVE GRADE I I NORTH t--f--20'ALLEY • o >o 100 SHEET 2 OF 5 Fea OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' .• `' ELEVATION FROM EAST LOOKING WEST T I M M O N S GROUP TOUR VISION ACHIEVED THROUGH OURS- U O 00 J r-I c-1 J _ y E O 00 N a Q M hD m Q PROPOSED CLOSURE OF AIR RIGHTS PARCEL'A'16.5'ABOVE A 2�0' , 20'x 72.5'PORTION OF 33rd}t2 ST E 1 BUILDING 146, 162.5' ' OUTLINE I ABOVE GRADE _ LOADING AREA �~_ . AND ENTRY WALK I ( I I CO 1 16.5' 34TH 8T LUMN 33RD ST 1 ABOVE GRADE _:,�'JNORTH W ALLEYt�--{ °0 100 SHEET 3 OF 5 Feet OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. U O co J _ E O u 01 N f6 C m CID m Q PROPOSED CLOSURE OF AIR RIGHTS PARCEL'A'16.5'ABOVE A 20'x 72.5'PORTION OF 33rd y2 ST i EAST FACE OF BUILDING 1825' 148' I. ON NORTH SIDE OF ALLEY • ABOVE 1 z GRADE I—' la COLUMNS ;ix ABOVE GRADE ; PACIFIC AVE • EAST 0 s0 100 SHEET 4 OF 5 OCTOBER 30, 2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL *A' ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T 1 M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. • U O 00 J � � J _ Y E Q N - C M N Q M bD m Q PROPOSED CLOSURE OF AIR RIGHTS PARCEL'A'16.5'ABOVE A F�— 50'- --T2•s� / 20'x 72.5'PORTION OF 33rd X ST I ti s EAST FACE OF BUILDING j ON SOUTH SIDE OF ALLEY 14V w ABOVE z GRADE 162.5' • a.ol 4 a, j 16.5' PACIFIC AVEe, COLUMNS ABOVE GRADE t EAST 1m SHEET 5 OF 5 Fog OCTOBER 30,2024 EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'Al % ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH TI M M O N S GROUP YOUR VISION ACHIEVID THROUGH OURS. u O 00 J yi E 0 L H - CL C � GPINS: rn bD 2428-02-0963-LOT 1 m Q 2428-02-0836-LOT 2 2418-92-9868-LOT 3 2418-92.8882-LOTS 4,5 0 2418-93-9083-LOTS 11,12,13 LOT 5 LOT 13 SOURCE OF TITLE,INSTR.NUMBER: H n LOTS 1,11,12,13-#2014040100027983 LOTS 3,4,5-#20140401000279820 PROPOSED CLOSURE OF LOT 2-#202403041502 W ~ AIR RIGHTS PARCEL'8'40' W ABOVE A 20'x 24'PORTION W LOT 4 OF 33rd Y2 ST W o 59 1DU N Feel 0 ' GIV LOT 3 LOT 13 co co LOT 2 LOT 12 = h- �''� 24 LOT 1 LOT 11 d' — 26' M i • P A C I F I C A V E N U E SHEET 1 OF 5 OCTOBER 30,2024 EXHIBIT B - HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL 'B' ' EXHIBIT'B'SHOWING AIR RIGHTS PARCEL'B'PROPOSED FOR CLOSURE ABOVE A 20'BY 24,(480 SF) ,�•ssw! PORTION OF 33RD 112 STREET EXTENDING VERTICALLY 122.6 CONTIGUOUS WITH PORTIONS OF LOTS 1 AND11,BLOCK 107,VIRGINIA BEACH DEVELOPMENT COMPANY(M.B.4 PG 266;M.B.5 PAGE 103;M.B.5,PART 2,PAGE 151) TI M MO N 5 GROUP YOUR VISION ACHIEVED THROUGH OURS. U O 00 J � � J _ E o v N L/ N -0 t! C 0 N Q M C° co <L PROPOSED CLOSURE OF AIR RIGHTS PARCEL'B'40'ABOVE A 20'x 24'PORTION OF 33rd}2 ST , 1 , I I I 122.5' •� I BUILDING 162.5' • OUTLINE ABOVE GRADE LOADING I �• AREA ABOVE 33RD 3T ;, ( GRADE 34TH ST } I I - • I I N �_ h----{20'ALLEY ORTH 100 SHEET 2 OF 5 Feel OCTOBER 30,2024 EXHIBIT B -VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' ELEVATION FROM EAST LOOKING WEST TI M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. U O 00 J r-I J 4- O (A to OJ M � Q In Q PROPOSED CLOSURE OF AIR RIGHTS PARCEL'B'40'ABOVE A L20_, 20'x 24'PORTION OF 33rd Y2 ST 11 11 I 1 1 � ( I I 122.5' •• ! I BUILDING 162.5'I ABOVE OUTLINE � GRADE 1 . > I 40' •' I I ABOVE COLUMN i i COLUMN 33RO ST GRADE 34TH ST t 1 W ALLEY .R • ° so SHEET 3 OF 5 OCTOBER 30,2024 EXHIBIT B -VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .•'� ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP YOUR VISION ACNIEVED YNROUGH OURS_ U O 00 J r; E O L � 0 W Q r» tw (1� Q r24'T28' PROPOSED CLOSURE OF ------ AIR RIGHTS PARCEL'B'40'ABOVE A - 20'x 24'PORTION OF 33rdX ST i ! 122'5' I EAST FACE OF BUILDING 182.fi' I w ON NORTH SIDE OF ALLEY ABOVE ! ij GRADE ! I i 'w l la 1.w .. ABOVE la. GRADE COLUMNS I PACIFIC AVE 0 30 ' SHEET 4 OF 5 OCTOBER 30,2024 EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .•'�0% ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T I M M O N S GROUP U O 00 a-+ E O W In W In CA 70 Q1 C M v m on m Q PROPOSED CLOSURE OF / AIR RIGHTS PARCEL'B'40'ABOVEA 2N J 20'x 24'PORTION OF 33rd}2 ST 4 1 EAST FACE OF BUILDING 122 5' .. ON SOUTH SIDE OF ALLEY w 162.5' zl ABOVE GRADE [L - 40 tr ABOVE i COLUMNS GRADE PACIFIC EAST 0 °0 100 SHEET 5 OF 5 FEEL OCTOBER 30,2024 EXHIBIT B -VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .all* '* `% ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH TI M MO N S GROUP YOUR VISION ACHIEVED THROUGH OURS. F Disclosure Statement I r IY IT' A VIRGINIA Disclosurc- V-8- BEACH Statement co—, hrs form Q(r nz" P::Z;ivc IT(,o)b who may vote on the application alto tirtic(ftf Hwy have a conflict of Oterest untie I Vhqaftv low. uIld suUmIsVol!Val thisforat is requiredlo!oil appilcotions that P,'00if?to City reoi estate motters or to the devekpment andlo., u5e ofpjopt-rtl!in t6,- r:r, other hod+; SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application 33rd Street-,L.L.C.,a Virginia limited liability company ISAPINUMIGIS606UWM06ftMitibjectproperty! Ves@Noo Y no,Property Owner must complete SiCTION 2:PROPERTrOWN['R DISCLOSURE(page 3). Does Applicant have a Represent~Yes@ Noo if yes,name R0pres,?rp1vtj,,,_ R.Edward Bourdon-,-Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? yesowb lfy"'"St the Of J11 WfiLv",Ofitcliul),FeMMIM13,W UtllleeS ilr(OWAND Lv.Strtesses that hove a prte,it-subsidiary'or af, Neu mess r rJNty 2 rejo, "ach ks! 'I recessury') Managers:M.David Jester.Brian Staub:Membets:m,David Jester,Seat Troutman,Christ rwdnpr Rrian Rim, Hussein Emneil,Lynn Coupland,Robert Bosky,Rick HUOM Does the subject property have a proposed or pending pun�hasj4? yes No 9 yes,name proposed or penifing purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an inte3est in subject land or any proposed development contingent an the subject public action? Yes if APPLICANT SERVICES DISCLOSURE READ.The Applicant must certify whether the MIov,ing 5p,rl/ices are being provided in connection to the subject opofiration or any business ope(atiry of to be operated on the property. the name of the entity and/or individual providing such slervicrs must he identified.(41toch list if nere-5.wry.) SERVICE YES NO SERVICE PROVIDER IN;qme endt),and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 QQ Development finarickV TBD Real Estate Broker/Agent/Reaftor Disclosure Statement I rev. M a y-2024 page I of 3 33rd Street, LLC Agenda Item 10 page 16 of 18 Disclosure SECTION • :. SERWE YES NO SERVICE PROVIDER (Name entity and/or fnaFvlduol Accounting/TaxReturn Preparation (j) 0 Nicole Vint••WallGnhom Architect/Designer/Landsrape (j) a Grey Mason,Cox.Kliewer&Cornpeny, Inc Architect/Land Planner Construction Contractor O Ma►1yn Development Corporation Engineer/Surveyor/Agent O David Chirico,Tinwrions Group t ega4 Services -- C O A,EdvmrdBourdorn]r,Esq,,,Sykes,Bourdon Ahern APPLICANT CERTIFICATION RE4D. tcertify that oil informotion contained in this Form is complete,true,and ocarrare.I understood that upon receipt of notlfWtion that the opplicotion 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 CEPA,Wetlands Board or any public body or committee n connection with this application, _'5—f —kc� ____,—Ak�- "t. Ar-'a'— Applicant Name(Print) MVkant5ignsture Date r Parent-subsidiory relotionship"means'orelotionship thot exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation.'See State andtocat6overnment Conflict of Interests Act VA.Code§2.2-3101, z gffitiated business entityrelationship'means'arelationsUp,otherth nparent-subsidiaryrelationship. that exists when(4 one business entity has o controlling ownership interest in the other business entity,(ri) o contrafling ownerin one entity is also a Controlling ownerin the other entity,or(in)there is shored management or control between the business entities.Factors that should be considered in determining the existence of or,affylioted business entity relationship inducle that the sameperson or substantioW the same person own or manage the t wa entities there ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on o regular basis or there is otherwise a close waridng refationship between the enfides.'See State and tocof Government Conflict a,°hterests Act,Va.Code§2.2-3101. FOR CiTY USE ONLY: No changes as of(date): 1/29/2025 Marchelle L.Coleman 1/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev,May•2024 paSc 2 of 8 33rd Street, LLC Agenda Item 10 page 17 of 1$ 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. 33rd Street, LLC Agenda Item 10 page 18 of 18 Virginia Beach Planning Commission January 08, 2025 Public Meeting Item#10 & 11 33rd Street, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Clerk: Our next two items are 10 and 11 for 33rd Street,LLC. Ms.Cuellar: Welcome. Happy New Year. Mr. Bourdon: Happy New Year. Madam Chair, Mr. Vice Chair, Members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, and it is my honor and my pleasure to come before the commission today with members of Marlin Development Team on this application by 33rd Street, LLC,which is essentially Marlin Development. The team members that are here, Brian Staub, its president,Gray Mason,the exceptional project architect with Cox Cleaver,who's done a number of these assisted living, or excuse me, 62 and older communities with assisted living and memory care, which is the continuum of care that a lot of people in as they get older want to be able to age in place, and he's a big member of the team. And,Dave Chester, who is the heart and soul of the team and the coach of the team, and he's going to speak to you all when I get through with a few points. I apologize. I've been taking cold medication since Friday. So if I'm a little out there, I try to keep on point, try to keep focused. First, we need to thank city's professional staff with whom we have been working and processing these applications for two years. Director Kathy Warren and Carrie Bookholt, zoning administrator Kevin Kemp, Tim Copeland,who's the head of the real estate department,and both Becky Cuban,and Lucy Whitlow in the city attorney's office, and also representatives of the public utilities department. We thank all of them for their time and working through a lot of issues with this interesting and very exciting development. For Marlin Development whose offices,corporate offices are a block away on 35th Street where they've been for 17 years. This Beach Tower redevelopment vision and acquisition of properties is a pursuit that's been going on for far longer than just two years. Today you have before you an alternative compliance request for the height of the new beach tower, which will contain 97 independent senior living residences exclusively for adults 62 years of age and above, wherein the average age of the residents will be in their low 70s to mid-seventies, and as a population,we continue to age,that average will probably go up, I believe. Fifteen years ago,the average age would have been in the upper 60s to 70s. The properties involved are at the southwest comer of Pacific Avenue and 34th Street, consisting of three 50 ft by 140 ft parcels containing 21,000 square feet of land,which are covered 100%by impervious surface that has no stormwater retention or treatment today because they were developed many decades ago. And there are five parcels at the northwest corner of 33rd Street and Pacific Avenue, fronting 250 feet on 33rd street with 140 feet of Pacific Avenue frontage and containing 35,000 square feet of land,99% of which is impervious surface today, for which there is no stormwater retention and no treatment. In addition, we have a unique request in addition to the alternative compliance request to close and create two air rights parcels, and Kevin kept it an excellent job in your informal of going through this. I just want to make sure it's all clear on the record at the public hearing. These air rights parcels are above a portion of the existing 20 ft wide alley,33rd and a half street. The easternmost air ride parcel,it's listed as B,begins 26 ft west of the Pacific Avenue right of way,and is located 40 ft above the existing 20 ft wide paved alley. It extends from that point in a westward direction above the alley, a distance of 24 ft. So this air rights parcel is 40 ft above the alley extends 24 ft back to it. So it's actually 50 ft back from the Pacific Avenue right of way, and then it extends vertically, 122.5 ft skyward. The second air rights parcel A is contiguous with the western boundary of parcel B, which begins 50 ft west of Pacific Avenue right of way. The second air rights parcel has a lower horizontal boundary of 16.5 ft,and it extends above that 20 ft alley to the west,72.5 ft to its western terminus,which is 122.5 ft west of the Pacific Avenue right of way and the vertical or skyward boundary of parcel A is 146 ft above the 16.5 ft area that of the alley, and air above it that is not being closed the current paved alley. The air rights closures and acquisitions along with our dedication of a 4 ft additional alley right of way on the south side of the existing alley over which we will retain the air rights above 40 ft high section adjacent to parcel B, and the 16.5 ft elevation above, above that with regard to parcel A on the south side. So that alley will be widened for the entire length of our frontage on it, 250 ft longest frontage south side by 4 ft to 24 ft in width. The alley improvements will also be significant in addition to widening it and widening the pavement. There will be sidewalks essentially created on both sides of the alley, both on the south side for the entire 250 ft width or length, I should say,east west link, and on the north side, the same is true for the 150 foot length that we are on that alley. And then the, also the alley, which has no lighting whatsoever today,will have low level lighting, which does not exist today. The alley's intersection with Pacific Avenue today is narrow and it's somewhat visually impaired. The triangle that Rick could tell you about that is not as good as it should be. We are widening that entrance because we are creating an additional delivery pickup area on the south side of the alley. That's an additional 12 ft wide. If you look at the handout on the 1 st floor rendering of what it will look like, you'll see the curb lines. It's a very wide, and that will make it far easier for one leaving that alley to see traffic coming south bound on Pacific Avenue. The air rights parcel permit, and this is what had us slow down,and go back to PDRC rack who loved the first version, went back to the Navy. They were fine with the first version, fine with the second version. That is what the air rights allows us to move the tower up onto the east end and reduce any encroachment of height on the west side of the property, excuse me, and allows the senior living communities, 97 independent units to be on the eastern most 110 to 120 ft of these assembled properties, and they've run parallel to the 300 ft of total frontage that the parcel and the air rights parcel have or will have on Pacific Avenue. The frontage of Pacific Avenue. It is brought directly across Pacific Avenue from an eight story parking garage and 170 ft high Mayflower apartments. This also allows the northern half of our property. The tower is set back 38 ft from our western boundary. Behind our western boundary is a 100 ft parking lot for the Mayflower apartments. So we the tower itself will be 138 ft plus 10 ft setback, 148 ft from the nearest residents on the western half of the 300 block,which is bifurcated on comp plan provisions dealing with the sea pines area. On the opposite side, on the south side, the new beach tower will be the tower itself, 128 feet to 200 feet west, excuse me,east of our western boundary. There'll be a 10 foot vegetated setback on the western side. At the actual western side,after that 10 foot,you just have a 42.5 foot high structured parking. There are some parapets that make it 44 to 45 feet for the first 50 feet. So we are on that side,4.4 feet at, let's say 42.5 feet in height. And under the sea pines provisions for redevelopment and the comp plan, this property to the west of us is recommended at up to 45 feet in height. So we are bringing this down, so that it's in line with what's to the west of us and what can be to the west of us. And I can discuss more about the history of the form based code at some point and explain why this 35 ft is out there. Ms. Cuellar: Okay. We'll just pause for now in case any of the commissioners have a question. So thank you very much. Any questions for Mr. Bourdon at this time? Commissioner Plumlee? Mr. Plumlee: This is two applications all together, and I wouldn't mind hearing now about the history of this code based compliance that you are getting to. Mr.Bourdon: I'm going to let Dave talk more about the less technical aspects because he's done a lot of great senior living facilities, and he's going to be much better at that than I am. So the one thing that this 35 foot situation as it pertains to sea pines, because I'm one of the probably few people who's still around who was involved to a fair amount with what happened with BRAC,and then moving forward with form based code,which was BRAC was the creator of the need for form based code. So the situation was that the Navy and the city made it everyone agreed that it was too important to the city's future for Oceana to be able to basically down zone anything at the oceanfront. That's my way of putting it. So the,Steven White,who was in the planning department for years very intelligent, and Bob Scott, and we had this great group, and Jim Spohr. They all looked at it, or they all looked at it, and a bunch of us were, on the side too. And they said, all right, so because the air traffic coming through this part of the beach is more so than everywhere else, they wanted to put as much density south of this and not have, and that's residential density. And that's number of people in rooms, in houses. So they said,look, under OR, the height means more units,more density. So in spite of zoning in that area,A18,A24,A36 that allowed even on the western parts higher structures and 35 ft. They limited to 35 ft. But that's why we have alternative compliance so that they wouldn't be, what they're doing is controlling the number of people that would live there. The Navy wasn't concerned about what the height of the buildings would be, and so that's why we have alternative appliance and that why we have, that's why we have this density study aspect here, and so that's the part that Mr. Kemp was referring to this morning. And we spent a great deal of time going through with the Navy twice only because there were two different projects, not because they weren't fine with the first one, but we were doing, moved it forward to help,you know,step it down as staff asked us to do. So that's the basis is that density study shows that we're doing fewer units, but we're doing larger units. For instance, the Jefferson Manor Motel apartments next to us,they have 10 units, and we can get into a whole lot of conversation, very good conversation about what Mr Jester is going to do for that historically, and that condition is acceptable. That's in your alternative compliance recommendations. But those units are 400 square feet, 400 square feet, and some of them have, most of them have two people living in them. Alright. So the,you have to,it's a balance to look at,how many units versus how many people, and with 62 and older, and only 62 and older, we're not going to have children living there. We're not going to have teenagers living there. That's the, it's the perfect fit for this particular corridor,and what the density study,and that's what we went through this whole process, and a lot of it is somewhat educational. But John Lauterbach has been around for as long as I have, and he understood it and the Navy understood it. So that's, a there's just some, and I appreciate people that says 35. That was 35 in order to keep the residential density down,plain and simple, and I know I've gone over my time, so I want to let Dave talk unless there's more questions. Ms. Cuellar: Any questions at this time for Mr. Bourdon. Okay. Thank you very much. Welcome. Please state your name for the record,please. Mr.Jester: David Jester. I live at 263rd Street. I've been in Virginia Beach for a good 30 years. My office is on 35th Street. I've been there for 17 years. We have a lot of experience in senior housing and you're asking about the vision for this or how this concept came about? We all know it's the great tsunami that everybody talked about for years was coming, but it's not coming anymore. It's here, 10,000 people a day turn 65. The people that are going to live in this community already are here. They just are ready to downsize. They're ready to retire. They've, they have a lot of equity tied up in homes. They'd like to free it up,like to travel,but they've given to Virginia Beach for years. They're they've helped grow Virginia Beach. They've been vibrant community participants. They're still involved, charities, churches, and organizations. So they want to stay here. Their kids are here. But they want a nice place to live, and they want services. I'm going to live there. And frankly, I can't wait for the day when my wife says,hey, the outlet in the bathroom doesn't work, and there's a crack in the window in the living room, and I can say, call maintenance. So if you really think about this, it has long-term benefits, probably, let's say 150 residents in total stay here, dine year round, still participate, still grow the community still participate. But they live in homes right now. So maybe we're going to have 80 homes that get sold, that free up. So now we have the new generation that comes in and now they have housing to move into. They continue to grow. They continue to raise families. They continue to participate. But we're going to create an asset,Virginia Beach. We had this,bought this property eight years ago. We were stuck with a lease for seven years. And I thought a great deal about what would really change Pacific Avenue. What architecture would change it? What service would change it? What lifestyle would change this area? That's a vibrant commercial area that's really, for 50 some years, it's just been stagnant and deteriorating. If you look at it, it's just a sea of asphalt. So now we can have great architecture,great services, and really help the community continue to grow and be vibrant. Ms. Cuellar: Thank you, Mr. Jester. Are there any questions for him from the commission? Thank you. I'm not going to check, see if we have any speakers. Madam Clerk, do we have any speakers today? Ms. Clerk: We do. We have five speakers and because we have two items, speakers that are speaking on 10 and 11 get six minutes to speak. Ms. Cuellar: Okay. Thank you very much. Ms. Clerk: Our first speaker is James Westcott, and they're actually speaking for the 34th Street Condo Association, so they'll have 13 minutes. Ms. Cuellar: Welcome. Mr.Westcott: Hey,how are you? Ms. Cuellar: Good. If you could please state your name for the record and then certainly adjust the mic as needed. Mr.Westcott: James Westcott. I'm not against the project. I think the project is probably a good project. We, the neighborhood we can appreciate it. A little bit about myself. I'm a retired KFC Taco Bell franchisee. No relation to the past case,but 1 found it funny that we were talking about that. I operate at 20 restaurants over three states, and I'm an investor, and I understand exactly what the project's about, and I appreciate it. The request,the two requests,but the one concerning request is the air rights over the alley and how that is going to encroach on the alley. That's a busy alley. I know that no traffic study's been done,but there,there are a minimum of 150 cars on that alley a day,and multiple cars are used as a through way,which I know it's not great,but it is a fact, and our garages are there. We use that as access to the beach to the boardwalk. There's bikes there. We have new Children in the neighborhood. And I think that's a,I think that's a big concern that we're not only going to give up the air rights,but we're gonna allow a building of 400%percent above what's allowed on that strip to be built there on top of giving up the air rights. The current landowner purchased these multiple lots, including the historical Jefferson Manor apartment building with restrictions that they were aware of. I don't find that there's a hardship there. The cost of these lots are minimal compared to the total investment, and I can appreciate the total investment,what's going to be built there. But the 35 foot protected rights around this property is real, and I heard a statement, there's a, there's 120 foot space between this building and the first residential home and they talked about a couple sides of the building. The fact is there's 16 feet or excuse me 61 feet from this building to the first residential property. That's on the north side. There's been a question that is an encroachment of the compliant the 97 units There's no question that it requires 132 parks for senior residential. I understand that. They're going to have 158 or something along those lines,which is in compliance,but on the other side of that,they're going to have a minimum of 50 employees in a day shift to run this operation. Right now, there's no permitted parking on 34th Street. We don't have enough parking in the,and that street is a gateway to the oceanfront. As everybody knows,we have tourist parking there. We have workers parking there. And there's just not enough parking and this project is going to contribute to that. There's no question about it. The tower today has average of eight to ten cars that are using that parking lot, which is a, which is not what would be standard for there. The concern that we have is the height and how it's going to,it's going to block the airway,it's going to restrict not just the airflow in that area it'll affect the yards, the grasses and those things. In a residential protected area such as this, there's a minimum of 100 feet. The parking garage, and you have to look at the map,but the parking garage that's closest to the residential property on the west side, there's living space above that which is about 15 feet from the current resident. The form based code or the RT code, neither one of them support this project. There's setbacks that are required in the protected zone. There's traffic concerns with the deliveries. And I'm familiar with deliveries for many years,but the trucks have to come in through the alley at 33rd and a half street to get into the position to unload,which takes roughly an hour. And these large trucks with groceries,that's the size of their business is probably going to be three deliveries. I'm guessing a week just the food distributor not including linen service or trash pickup and all these things this alley is 17 feet wide and from Arctic Avenue halfway down the alley. It's only 17 feet wide today. If they expand it to 24 feet the average transfer truck is 8 to 10 feet. They're gonna still have 5 feet of truck in the middle of the alley to unload. And to unload that truck,you have to access the front and both sides because of the purge,refrigeration that's on the truck and that stuff. Are they going to carry it into the building on the right side? Are they going to cross the alley and carry it in on the left side? I don't know. But that's a, but that's a question. Commercial buildings can't go through an alley to service a business. This is a business. Once they if they sell anything on site other than what's included in the amenities. Then their retail and I know it sounds like that stuff is nitpicking, but it's not. It says in the request that it is permissible, that this is permissible based on 7.213 of the code. 7.2D of the code says, maximum building height to provide an organized form throughout the Oceanfront Resort District. Provide gradual transition building height for the height boring protected districts. Minimize over building in streets. Ensure that the maximum overall density in the district does not exceed what was estimated. Permitted under the preformed base code. They're not complying to that. Compliant form development under 7.2 to maximum height 35 ft. With the variance of 20%, which is 42 ft. If you go, if you go on the optional form shall be in a reasonable proportion to the degree of difference between the prescribed requirement and the actual form provided. Height in no event shall a height exceed that allowed by 2.2B. If you look at 2.2B,all that's talking about is federal aviation regulations. There's nothing in that gives a right to develop over that 42 feet. If you go up to above that, the paragraph above that, it says, except it's otherwise provided the Oceanfront Resort District form based code whenever height limits for building and other structures are established, no portion of any building or other structures shall extend above such height limit. I understand this code. It's hard to understand it. It takes days to read and understand this code. In over 300 places,this code mentions height. Height is one of the key elements to that whole area down there. If you read the code,it's talking about height and how the building looks and setbacks. Those are the three things that are most important. What it looks like, height, setback. This project is going above the height by 400 percent next to residential homes,doesn't have the required setback, and,but I'm sure it doesn't look good. That intersection right there where they're going to build it is one of the most dangerous intersections on Olam Pacific Avenue. I think we can work to, I think, I really do believe that if we sit down, we can work through this. I'm talking about the builder,myself, the board, whatever it takes. I think we can sit down and come up with a plan that makes sense,not just for the builder, but the residents. And I mean something that's reasonable. I'm not, I understand the investment. I understand that the higher we go, the more profitable it is. But you have, everybody on the block is 60 or older. We've invested in this neighborhood. These homes are selling down there right now. The last one sold was 1.3 million, and we're going to cut them off. We're cutting them off, cutting off this access. How do you, how are they going to get down to the oceanfront? A transfer truck has to come in from Arctic. You can't turn, a brand new apartment building was just built there by, by Ross Willis. You can't make that turn from Arctic onto that. On to that alley, it's only 17 feet wide. His curbs are brand new. They're there. The apartment building is on the opposite side. But let's say that you are going to try to turn there. You have to impede traffic. You have to get on the far side of Arctic Avenue to make that turn. So let's say you do get there, and you're going down, and there's families, there's bikes, there's garages. Now we're going to get to the parking garage where there's a ramp coming down into the alley. So now we've added a ramp. A parking ramp in an alley. Then we have four, four cuts for traffic, four crossways where traffic's going to be going back and forth from 33rd to 34th. At the end of this alley,we have this transfer truck that is pulled over. This is just one of many deliveries, a transfer truck. Now he has to get out on Pacific to leave. The only way he can get out on Pacific to leave is to pull that truck to the far left. of that alley to start making that turn and then even at that he's going to impede traffic he's going to stop traffic on Pacific Avenue to make that turn it's dangerous it is extremely dangerous I've ran this by Virginia DOT they could not believe that this was it this site plan was even in front of the board Guys,I ask you to please read this code,read this form based code,and let's do what's right, I'd hate to see it, I really don't, I really don't want to get into an argument with the developers, I understand it, there's probably a need for it, it's a great location, we would love to see it built or something built there,just not this high. Now, I appreciate your time. Ms. Cuellar: Thank you,Mr.Westcott. Are there any questions? Commissioner Plumlee? Mr. Plumlee: Mr. Wescott,thank you very much for coming down and expressing your view on this project. This is in the district that I live in and that I represent, and it's of high interest to me. All districts in the city are,but I drive by this every day,twice a day, and I'm very familiar with it. You understand there's about a seven story parking deck across the street or parking? Mr.Westcott: Absolutely. I want to point out that parking deck is further away from the homes, so in proportion if you bring, if you bring it a 100 feet closer to the house now you've gone up 100 feet. Mr.Plumlee: Yeah, and 1 guess what I'm getting at, if we're worried about where the employees are going to park, There is available accessible parking in the immediate vicinity of the project. That's one of the issues that you had brought up. You also understand, and I think you would agree, We have much larger buildings at the ocean front than the six story building. That's the current bank in that immediate area, roughly. Do you agree with that? Mr.Westcott: Yes,but there's no building this tall on that side of Pacific. There's not one on the whole strip. There's nothing 158 feet high. But beside, excuse me,beside incident— Mr. Plumlee: I hear where you're defining that. I hear that. But what my question is, you understand that we have much larger structures all along the ocean front,currently. Mr.Westcott: Not on that side of the road. Mr. Plumlee: Understood. Not on that side of the road, but at the ocean front. That's all I'm saying. With regards to being a dangerous turn, are you familiar with any accidents, fatalities, anything that you could reference at that location? Mr.Westcott: Are you talking about at that Pacific location? Mr.Plumlee: Yes. Mr. Westcott: Well, we don't have. We don't have delivery trucks at that location today. We don't, it just, there's no reason for it. Mr. Plumlee: I thought I heard you indicate that was a very dangerous location, so I thought perhaps. That's a very dangerous location. In that corner of 34th and Pacific, there's accidents all the time and yes,there's fatalities. Mr. Plumlee: So you're aware of their actual fatality right at that location? I'm not aware of it. Mr.Westcott: I'm not saying at that location. Mr.Plumlee: Okay, at another location. Mr.Westcott: Where the alley meets Pacific. I'm talking about where 34th Street within 50 feet of this location. Yes,there's accidents all the time. Mr. Plumlee: Where do you live in location to this? Can you see the site? You're immediately above it,by the drawing. Is that fair? Mr.Westcott: Yes, 316. Mr. Plumlee: 316. Next building. Mr. Plumlee: Thank you very much. I appreciate that. Ms. Cuellar: Commissioner Byler. Ms. Byler: Thank you for sharing your concerns so articulately. Have you presented your concerns to Mr. Jester and his colleagues? Mr. Westeott: No, I've never met them. I've spoken with some council members and they suggested maybe that we can sit down and work through it, and I would love to. Ms. Byler: Our board, our commission, is merely advisory. We don't make the determination. We advise city council and they make their own determination, but I think they do consider the way we recommend approval or not approval,so I take this seriously,and one of the things we ask all applicants to do is to reach out to the adjacent property owners and to the immediate neighbors, and I assume Mr. Jester did that. I know some of it is required, and it goes in mailing, and of course signs. So I just want to know if you've taken advantage of an opportunity to try to work these issues through with the developer. Mr. Westeott: Nobody's contacted any resident on that street to work through this. I haven't heard from anybody. Ms. Byler: I wonder if someone from the city can address the opportunities that may have been presented to our neighbors. Ms. Alcock: What I can say is a request was made of planning staff, me personally, and other staff to sit down with some of the community and we do have a meeting set for next Friday. Mr.Westeott: I initiated that meeting if you would. Ms.Byler: Okay,thank you. Ms. Cuellar: Commissioner Cromwell. Mr. Cromwell: When you said you wanted to get together with Mr. Jester and talk about the development,which you said you believe is a good development in theory. Mr.Westeott: Yes. I think that the partials that he's brought, I think it needs to be developed. Mr.Cromwell: In other words,do you want to see it downsized? Do you want less units? Mr.Westeott: Downsized from what? Mr. Cromwell: From the hundreds? What is it, 160? Mr.Westcott: Oh, yes, absolutely. Mr.Cromwell: You want it downsized? Mr. Westcott: From the height downsized. The building, the number of apartments could be distributed over the site, I think,to make everybody happy. Not have a tower,not have a 158 foot tower, and a 35 foot, code area. I think, I think we can work it out. Mr. Cromwell: So different architecture essentially. Mr.Westcott: Yes, sir. Mr. Cromwell: And as far as when you talk to VDOT, the access points are the same, are they not? There's 34th Street, and then there's the alley that exists today, and that's through traffic, correct? In other words. What did VDOT say specifically when you said you ran it by VDOT that they were shocked that this was on paper? Mr.Westcott: They suggested that,and I don't want to, I don't want to get into who I spoke with there,but they're from Virginia Beach,and they suggested that I get a traffic plan or a traffic study from the city,which there was no traffic study done. I think we should start with a traffic study. Mr.Cromwell: Thank you. Ms. Cuellar: Any additional questions? Thank you very much Mr. Westcott, Ms.Alcock: Our next speaker is Bill Kosh. Ms. Cuellar: Welcome Mr.Kosh. You can state your name for the record please. Mr. Kosh: My name is Bill Kosh. I am a resident in that area, if you scroll up a little, but I'm about 100 to 150 yards what would be north, I don't know, west of the development here. So I drive on that alley every day when I go out, several times a day, actually. I'm very familiar with the area. Since I've got the whole time here, I'm going to try to go through three aspects of this. The first aspect 1 want to talk about is flooding. And you have in your supplements pictures of the severe flooding problems in this area. And I heard in the staff comments, the staff reports, they were going to replace the sewer pipe in there. And I just want to point out that's completely irrelevant. Sewer means toilet water that goes to HRSD. Stormwater is what contains rainwater, and that's what goes to the Chesapeake Bay, as Mr. Mock, I'm sure, can tell you. I didn't see anything in there about doing anything with the stormwater pipes. Even if they do replace the stormwater pipes on that small section, the 250 foot section where this plot is,I don't believe that's going to solve the problem. And before I go into that in any more detail, let me just say I don't like to say this, but I have a bachelor's and master's degree in chemical engineering from MIT, I think I'm qualified to talk about the flooding aspects of this, so I hope you'll give me the benefit of the doubt on that. We went through this four or five years ago when they did development on the other side of this alley with Willis Project, and I talked to Seth Edwards and Andy Mycroft from their group, and they put in BMPs as Mr. Mock talked about. I do not think BMPs will be appropriate for this. I don't think they'll solve the problem. I don't think they put a BMP in when they've got a 12 foot tower because it's going to crush it. I don't think they put a BMP in when they've got a three or four foot,three or four story parking garage. I think that's going to crush it. It's not an easy solution to fix this. And they talked, even if Mr. Bourdon comes back up here and says he really meant storm water, not sewer water, replacing the storm water pipes on this lot is not going to fix it. If you look in your supplements,you have a drawing there that shows the piping for the storm water as it leaves the area. That's the one that looks like this. Basically, the storm water pipe comes out and goes from this lot out to Pacific Avenue outweighing Pacific Avenue, and then down Laskin Road and dumps into the Chesapeake Bay because it's storm water. If they replace the stuff on their line,that's great,but it may not solve the problem. I can't tell,I don't have X ray vision. I can't tell where the backup is. Well, I can tell you is, at least once or twice a year, this whole area floods a couple inches, and I can go through more of that later if you want to ask me about it,but when it floods,right now,it already floods about six rental units on the south side of the alley. If that, if they raise the elevation on this development, it's going to push more water back up the alley, and it's going to flood 10 or 14 units on the west side, if they raise it enough to flood. If you're four more inches, it's going to start flooding the houses and garages on the north side of the alley. And those houses and garages what James was talking about that one recently sold, one just a little bit away from that sold for 1.3 million, one in that area sold for 875,000. These are expensive homes, and I just want to say, I don't want this to sound like a threat, but if you let them do that, and let them increase the flooding, there's probably going to be a lawsuit because it has to be if you let them flood back. I'm not against this,but what I want to see you do is put a condition in there that says when they develop it, they cannot do anything that increases the flooding in the adjacent area. I would like to see that added as a condition. They can't do anything that increases the flooding in the adjacent area. I want to also try to talk about Parking and traffic. Parking, the city code requires them to do something like 140-150 parking spots. That's not enough. The city code does not have anything to cover employees. I talked to people at Westminster Canterbury, and asked them their numbers, and I got some numbers from them. They have 450 some apartments. They have 600 residents in those apartments. And to service those 600 residents in front of the departments, they have 690 employees to service that. And I said, okay, that's way more than I even thought. I said 350 to 400 are during the day. So if you take 350 to 400,ratio it down to this size,they're going to have at least 75 to 100 employees there, and they do not have enough parking to handle that. The numbers they've got for parking are 157. That handles what's in there. It has nothing to do with the 75 or 100 employees that they're going to have. The parking is very limited here. The parking is a nightmare. You need to address this, and I'm not opposed to it, or make them change it. Make them add more parking spots. Make them do something that handles the water flooding. I worked with Seth Edwards with the DSC on this last project. I know they can do it. They should look at it, but it's not going to be an easy thing to fix. Lastly, the traffic. My house is right above that. 1 drive on this alley all the time whenever I leave. I back into my garage, so I can see when I pull out because there's always cars on that alley. Half the time I have to wait for a car to go by. I know they didn't do a study because they thought somehow it was under 150. It's like a thousand cars a day. And that's before you have all these employees coming down the lot. There are, the parking lot that they've got shows, only the first floor of the parking garage exits on 33rd and 34th Street. The whole second floor of the parking lot, which is 85 spots,only accesses the alley. They're saying that 85 of their parking spots,55%of their parking,only goes in and out on the alley. That's just going to destroy the alley and it's going to be a parking nightmare,it's going to be a traffic nightmare. I strongly urge you to push back and say,get a parking study done now, get a traffic study done now, and definitely get the DSC involved to look at the water for now. I'll entertain questions if you have any. Ms.Cuellar: Thank you very much. Are there any questions? Commissioner Plumlee? Mr. Plumlee: Thank you, Mr. Kosh, very much. I understand this is a passionate issue for you and I respect you coming up here and telling us. With regards to parking I go by this site all the time, I live over there, I'm not far away, there's always available parking except for the height of the summer. Is that your, is that what you're talking about? In other words,are we talking about summer months? Tourists are down in that area. Now what with regards to parking? I want to give you a chance to address it that way. You drive over there right now,you'll see empty parking spaces. I mean, they're everywhere. Obviously,the dead of winter is different than the height of summer. So is that your concern in the height of the season? Is that what you're talking about? I want to make sure I understand you on that point. Mr.Kosh: No,not really,because in the height of the season,there's no parking,there's absolutely none, and you know that, and I know that. In the off peak season, there are still hotel employees who come and park there, and so they take some of the spots, the ones who are wise enough to know that they can legally park there, because it's not permitted parking as yet. If you don't ask them to change,again,I'm not against it,but just make them increase the parking garage from 150 to 250. If you don't ask them to do that, you're going to have another 75 to 100 employees going to look in for parking spots, and there may be a few empty here or there. There's enough to handle maybe 5 or 10, not 50 to 100. And there was just a project done, this one that was 5 or 6 years ago,just got finished building a 9 unit apartment complex at the other end of this alley. And that's going to take up even more of the parking. So it's an issue. Believe me, it's an issue. Mr. Plumlee: Now we know the bank building is not used at this point, terrifically. It's low occupancy. Do you agree? Mr. Kosh: As I understand it from what I've heard, they've increased the rates enough and discouraged people from renewing. So it's not used very much. There's only about 10 or 20 cars there. There's only about 10 or 20 at Jefferson. So there's about 10 or 20 at that end. But the alley has lots of traffic. And when they go and put another 50 employees there plus the people who live there are going to want to come in and out. People who are 62 or 75, 1 have neighbors that old, they still travel a lot,they still put their cars in. Mr. Plumlee: But I think I heard you agree with me that it's in the lower use with regards to that bank building. It's not highly occupied at the moment. Mr.Kosh: As it is right now,yes. Mr.Plumlee: Do you know how much parking would be generated if that was a fully occupied commercial building, six stories, and what the related employee traffic would be generated from that site? If it was fully occupied,people were coming and going,would it be any different,more impactful than the hundred and some units that we're talking about today or less impactful? Do you know? Mr. Kosh: It would be a lot less impactful. Mr. Plumlee: Based upon what study? Mr.Kosh: Based upon,they have some parking pads there in back behind the bank building right now, and also where the Jefferson Manor is. The Jefferson Manor does not own that lot in front. That's why they originally going to build there, and there's about 20 or 40 parking spots there in front of Jefferson Manor. So they have enough parking right now to handle their load, even probably when it's fully filled up. But when they put this in and they need, let me say one other thing in regards to that. Mr.Bourdon is going to tell you they met with the code for a senior living facility because there is some stuff in the code that cranks out how much you need and that comes out to 140 to 150, that's what we've got, 157. The code does not say anything about employees, it only talks about residents and I'm sorry but the code is, I won't say incorrect, it's just incomplete because it doesn't handle that and that burned the city when the Cavalier was put in. When the Cavalier was put in,it's been all over the news, all over the TV,that the Cavalier has huge parking problems because the Cavalier, probably none of you were here then, but they did not require parking for the employees at the Cavalier. That's why they don't have enough parking. The city made a mistake,there was an omission,that they didn't take into account employee parking at the Cavalier. All I'm saying is learn from that mistake and don't repeat it. When SpaceX launched their rockets, they blew up on the pad, they blew up trying to land, but they learned from their mistakes, and they changed, and they improved, and they finally got the rockets to land safely. Learn from your mistake and change the code now or ask them to at least honor the fact that they need to have 50 or 100 spots for the employees, and make them put that much in. Mr.Plumlee: I actually have another question. With regards to the flooding,how long have you lived at that location? Mr. Kosh: About 10 years. Mr.Plumlee: Have you in all years sought a study from the city with regards to the flooding that you're concerned with these expensive homes and properties to give you the data that you would otherwise need to establish what should be done to correct that situation? Mr.Kosh: Oh,I'm so glad you asked that. Mr. Plumlee: Good, because I don't work for SpaceX, so I'm just asking you directly what's happening in your backyard. Mr. Kosh: When they did this Willis property at the other end of the alley, and when I say the alley, this is Arctic to Pacific, and the alley just in that small narrow little range, which is like seven or eight hundred feet. Six or seven years ago, Willis wanted to put in a property up at the other comer, the higher elevation corner and we worked with the DSC, I worked with Seth Edwards. They did a study and looked at stuff then, and they decided they had to do what Mr. Mock said, they put in these little, I apologize I didn't get this in time to be in your supplements book, I can give you some copies, this is what a BMP looks like when they put it in to handle the water,this is what they put in at the other end of the alley. They're probably going to need to do something very similar to this,I think,for this end,but I'm very concerned that this is not going to work and not even going to be feasible. Because this was put in because it's just a parking pad, there's not much weight on it. You can't put something like this underneath a 12 story building, it's going to crush it. This is a void space to collect water. You can't even probably put this underneath a parking garage,this three or four stories have concrete because it's going to crush it. So there's not, I'm sure the DSC maybe come up with something, but all I'm saying is don't wait. Push it to DSC now. Ask them to do a study now before this gets too far along the line because a two level parking garage with all that concrete will make this not feasible, and the pipes that carry this away, you have the drawing in front of you on the stormwater lines. I can't tell, I don't have x-ray vision to see what's causing this backup. They may need to replace all these lines. The lines go about 15 or 18 inches from this development out to Pacific Avenue, then 30 inches on Pacific Avenue,down to Laskin Road,then 40 to 50 inches down to where the Laskin Rotary is,and right after the Laskin Rotary is where it dumps into the Chesapeake Bay or that little stream that feeds the Chesapeake Bay. Some place in there the pipe is not big enough. Even if they replace the stuff in the lot, no guarantee that's going to solve the problem. Mr. Plumlee: And so you worked with Mr. Edwards with the city on that issue? Mr. Kosh: Yes, I did. Mr. Plumlee: You dealt with him directly? Mr. Kosh: Yes,well,I dealt with Andy Mycroft was the gentleman who came out to visit us,and I walked him with,around with him and actually there were two people from Marlin Development, I think it was Mr. Jester and Mr. Staub, were here, and they're very well aware of the flooding problem because we showed them the flooding problem down there, and that's why I'm sure, they're going to want to raise the elevation of this development they're doing. When they raise that elevation,the water is going to flow back into the rest of the alley,water is going to flood the rest of the homes up in that alley. And as I said, some of those homes are very expensive. You flood those homes and the insurance companies are probably going to insist that you sue the city. So I'm just trying to protect the city and protect my home because my home is one of them up there. Please take the flooding problem seriously. It's not going to be easy to fix. It is a serious problem. It's just like you have over the rest of the city. This is all impervious. There's so much, there's so much concrete and asphalt, and so little soil for the stuff to soak into. That's what causes the problem. And also the drawing I saw before when Mr. Bourdon said there's only 1% impervious, I'm sorry, but I don't think that's right. If you call that drawing up and look at that drawing, the whole plat between behind the Jefferson Manor is ground up stone and crushed up. It's not asphalt. It's not concrete. I think there's probably at least 5% or 10%impervious there or permeable there. Not that matters a lot,but I'm just saying they're going to go from 90% or 95% to 100%impermeable. So that's going to increase the water flow as well. Mr.Plumlee: Thank you very much. I appreciate that. Ms.Cuellar: Commissioner Byler. Thank you,Mr.Kosh,and I hope I said that properly. Thanks for coming, and I've listened to everything you've said, of course,and I will say that it carries a lot of weight because you clearly are an expert in some of the areas, maybe not in all, but in some of the areas,in addition to being a neighbor. So I want to know,have you shared your concerns with city staff in advance of this meeting? And secondly, do you intend to attend the community outreach meeting next week? Mr. Kosh: If I'm,I was not aware of that until just last night,but if I'm invited to that, I certainly will. As far as sharing with the staff, we didn't really get organized about this until,just the last week or two ago because again this was originally scheduled in December and it got pushed to January, and I didn't even know that was an option to go. I would love to go talk to them. I wish I could have talked to them before all this. I have talked to them in the last couple days. That's how you got the supplements in your book because I talked to the planning people about that,but I wasn't aware that was an option to do. I wish I had been aware of that. Ms.Byler: Okay,thank you,sir. Thank you very much. Mr. Kosh: Thank you. And again, I'm not saying vote against it. I'm just saying delay it, defer it, ask for a traffic study to be done, ask for a water study to be done, ask for a parking study to be done before this development goes too far down the road. Ms.Cuellar: Thank you very much. Ms. Clerk: Our next speaker is Susan Reed. Ms. Cuellar: Welcome. Ms. Reed: Yes, my name is Susan Reed, and I live in Unit 102, 31234th Street. So that's right next to the Mayflower vacant Iot. That's my unit there, and I think as everybody said, I can only access my garage and the driveway through that alley, and it's really designed for those people who live on that alley not to handle something like a commercial truck, and I know this isn't a commercial building per se,but it certainly looks like we're trying to use that alley in a way that it was not designed for. And as other people have said, a lot of times you can't even get two cars past there, much less an 18 foot truck. And then, I'm just addressing the parking for a minute. I think one of the previous speakers mentioned that because this is senior housing, it's not required to meet the, where you have to have under 50 units, two parking spaces, and then 1.7 for all of those that are over 50, but if you look at it, 157 parking spaces for a building with 132 units, a minimum of 25 employees, I know we've heard things from 25 to 100, plus people are going to want to visit. Are you going to tell those people when you have two people in a unit that they can only have one car? I just don't see how the math is going to work. I think there's going to be a lot more than one person in each one of these units. So you're clearly going to go over that limit of what you have right now. And as again,as somebody said,I live on 34th Street,in the summertime, forget it, you got to keep on circling to try to if you've got. You only have room for how many cars in your backyard,in the garage, so you, so it's going to be tough, and they don't, those people, they don't want to pay to park. The employees are not going to want to pay to park in a lot. They're going to all try to get in on 33rd, 34th Street, and 35th, where, you don't have necessarily meters, and they can try to park there on the street. Then as regarding the height restrictions,I think you've all looked at that height map that's out there, and there has always been a huge difference between the height that's allowed on the west side of Pacific Avenue and what's allowed on the East Side. In fact, like somebody said, go down Pacific Avenue, even your gateway, even that Laskin gateway, the highest you got there, I think, I forget exactly,but it's certainly nothing near, I think that's 75 ft on the Laskin gateway. So this is going to just tower above everything up. So I really think it's irrelevant what's across the street. I mean you guys wouldn't have done this whole height math. You would have made it all the same color if you didn't matter to you what was on the west side of Pacific versus what was on the east side of Pacific. And then I think I heard somebody mention,the new comprehensive plan,the new comprehensive plan is going to allow this kind of thing, but to me, what matters right now is what's there right now in the existing comprehensive plan and the existing form based code,which has a primary goal, if I read it correctly of protecting established neighborhoods, and I'm sure one other thing, I'm sure the property cost on the west side is a whole lot less than what was on the east side, and I just wonder,has the developer offered any proffers at all given that circumstances? And I'd also like to know about that Mayflower property because it would be wonderful if that could go along with this whole thing, and it might be a way to scale this thing down, so it's not quite so high and as regarding the scaling, yes, I understand that the one that's on 33rd Street might scale down to 32, I don't know,34 or whatever, but it sure is not going to do it right on my side, it's going to be the whole 163 feet. So 1 guess, like everybody said, I would encourage the developer to come talk with the neighbors. Let's see if we can come to something, because again, I think it looks like a beautiful building. I love the idea. It'd be great to have, if you see what's already been done on 34th Street, the 10 years that I've lived there, it's really making a huge improvement, and I think a senior living would be great. It just needs to be scaled to the area. Ms. Cuellar: Thank you. Thank you, Ms. Reed. Are there any questions for Ms. Reed? Thank you very much. Ms.Clerk: Our next speaker is Caitlin Connor, Ms.Cuellar: Hello. Ms. Connor: Hi, it's Carolyn. I'm coming at this from a slightly different viewpoint. Ms.Cuellar: And just pause for a minute, if you could please state your name for the record. Ms.Connor: Carolyn Connor. I'm coming at this from just a slightly different viewpoint. I read online that the Marlin Development Corporation made a statement that said that they believe that everyone deserves to love where they live, and I did love where 1 lived at 312 34th Street right next to Susan for 19 years, and for about past four years, I've gone from one grandchild to eight. Suddenly, I couldn't stay there because my sons couldn't come to visit at the same time. So I said to my husband, can we move this house out a little bit? No, because there's zoning and it says green space, you got to stay in your green space, and we had reach, we couldn't build any further out, I was like, okay, let's go up, and he's like, yeah, no, it's 35 feet, you can't go up, and think about your neighbors. What are they going to think about you building this house up so that they can't see anything over you? And he was right, and so I got really lucky, and Mr. Bichard built some homes right up 34th and Arctic,and I really should be considered 34th,and I wish I was,the miracle on 34th Street, but I'm really just Arctic Avenue, but anyhow, I paid a lot of money for that home to do when I'm,to get there,not exactly what I had planned,but now the guy that bought my house is getting ready. His parking lot, where he would back out of in the garage, is 50 feet from this, and he's devastated, and I feel devastated for him because I didn't know this was happening, and also my view is going to be impacted by this, my new view, because that little alley 33 and a half street, comes right out in front of my garage, my new garage, right down that street. So I'm listening to everything that was said today at your committee, and I've heard that, everybody said, yes, it's gorgeous. This is needed. We need, retirement homes. I don't even disagree with that. I don't disagree with anything. 1 did get to speak with Mr. Jeffers and Mr. Bourdon today. And told them, my problem is the height. I was told, I followed the rules,I have to stay at 35 feet. Why is it he, why are they allowed to fiddle around with zoning, and they can go up to 148 feet? It doesn't seem right. I'm all about love. Love for everybody. Love for Virginia Beach. Love for all of you. I just feel isn't there something that we can do that decreases their footprint? And I know Mr. Jeffers didn't like me saying that because like he wants it to be there, but like Susan said, can you spread it around a little bit,in that area so that it's not 148 feet looming down on you, like your little house, being loomed down up takes away all your sun, possibly, I don't know. But,just something I just wanted to say. Thank you for listening. Ms.Cuellar: Thank you for being here today. We appreciate it. Are there any questions for Ms. Connor? Thank you very much. Ms. Connor: Thank you. And one other thing, I think home built, the homes in this area are going to go down for a while, at least like their worth,because this is going to take,what,three or four years to build. They're saying in the end it's going to help them,but right now it's not going to help them. The person who bought my house,he's not going to be able to sell it right now. Ms. Cuellar: Thank you. Ms. Clerk: Our last final speaker is Robert Fatovic. Ms. Cuellar: Hello. Mr.Fatovic: Good afternoon. I'm Robert Fatovic. Full disclosure, I'm a member of the PDRC, and view the presentation that they gave to our committee. I'm also an architect and a neighbor. I live on the next block west on 33rd and a half street,I object to the fact that it's an alley. They call it an alley,but it's we're the only single family home on the street, so I like to refer to it as a street. And I agree, I support the project, and I agree with many of my neighbors on a number of issues, and I'd like to comment on those. Traffic and servicing. The issues of as was said,of getting daily deliveries for the dining services, the linen services down an alley, down a 20 foot alley without sidewalks is problematic. For the staff, as the staff comes and goes, they're going to also want to go straight,get home as fast as they can,and they're going to go down 33rd and a half street straight to Holly right across my house, where we have kids and pets on what is an alley. So, there is no traffic on that alley currently. One of the suggestions from one of the neighbors was to make 33rd and half street, at mid-block, a dead end street, Re in Old Beach that would limit the traffic on Arctic trying to make that maneuver. Their service and deliveries certainly could go through their parking lots as designed on 33rd Street, which is much more amenable to that kind of traffic. Second point,pedestrian safety. I cross Pacific Avenue. I walk across Pacific Avenue every day to get to the boardwalk and I feel like I take my life in my hands every time I cross Pacific Avenue because of the speed limit,and no one is slowing down,and I force the cars to stop for me and my dog. So I think it would be important to have active crosswalk systems and traffic calming on Pacific Avenue, not only at that location, but all across Pacific. I agree on the height issues that many have stated. I think a simple Sun Study, Sun and Shading Study would be helpful for the neighbors to understand the impact of what the construction would have on their properties. And finally, I think we need to have some creativity amongst the city and the developer as far as the Mayflower parking lot is concerned. For the last three years, there has been no parking in that parking lot whatsoever for whatever reason. I think if some creativity would happen, that could become the front entrance. It could be a courtyard and a gateway to the development,which would improve not only 34th Street, but the development itself. I don't want to repeat what other folks have said,so answer any questions you have. Ms.Cuellar: Thank you very much. Are there any questions from commissioners? Thank you for coming out today. Mr. Bodon,that was our last speaker, so we welcome you back. Mr.Bourdon: Mr.Jester and I would like to both have an opportunity to talk,we won't talk about the same things,we'll make an effort. I will begin by pointing out that people who live in assisted living units and memory care,which are institutional,they don't drive. So there are only going to be 97 senior apartments, 62 and older, will be living in the New Beach Tower. Not these other numbers that were put out there. The number of employees overall 50, and it's three shifts. The maximum at one shift,which is 7 a.m. to 3 or 3:30 in that area,because some come in at 6, 6:30, or 7,would be 25 employees. This location is perfect from the standpoint of the city and everything else for multimodal transportation, and that's one of the things that this project has all throughout it, and not every employee is going to drive a car to work, and only one parking space per unit is provided, and folks who move into these types of facilities, occasionally they'll have two cars to start with, but very soon thereafter they don't. So that, and as has been stated, there's a public parking garage directly across the street, there's a public parking garage two blocks to the south, but the parking issue, and let's leave it for that. The traffic generation for this is as low as you're going to get under form based code at the oceanfront. Any other use because form based code allow any number of uses that are there, allowed by right,mixed use,restaurants,bars. You name it, it can go in here along with residential,but it wouldn't be this type of residential,it wouldn't be this much residential. This is not a commercial development, it's solely residential. And there's 24 x 7 security and people on site all day,and that's great for a neighborhood. Extremely extremely good for a neighborhood. As for the alley, we are improving it. We are widening it at the intersection with Pacific Avenue. The last gentleman who spoke, we control where and how all of our deliveries and pickups take place. The reality is one delivery per week of food by a 28 foot delivery truck, not a tractor trailer. There will be no tractor trailers. They will come in from Pacific. Three other potentially food deliveries in a week on box trucks that can go, come in off of 33rd Street or 34th Street and come down to Pacific in that very large area of paved width where deliveries and pickups take place,and we have no intention of having any delivery or pickups use. The alley coming off of Arctic, and other than a truck that was too large which other than the 28 foot, which is not a tractor trailer, 18 wheeler, they can come down Pacific, they can come down either 33rd or 34th, a lot easier, a lot safer. I don't know too many drivers of trucks who could come down 33rd or 34th, go into the parking, and be like,oh, yeah, that's a big deal. On the first floor, come right on in, never even had to go in that alley. The idea that this is going to be some traffic generator on that alley is just not accurate. And the gentleman's idea of cutting off the alley wouldn't concern us one way or the other. We're not depending upon the alley. Ms. Cuellar: Mr. Bourdon, your time is up. I just want to double check,just because we have two applications, I want to be fair to ensure that he's given the appropriate amount of time. I split it up for three minutes for him, and then three minutes for the other gentleman. Mr. Bourdon: I think I heard everyone up there with the exception of the last two spoke for a lot more than three minutes and,this is a very complicated application, and there's a lot of things that have been thrown at it, and I'd like to have the opportunity to respond, or if you all want to ask questions, we can do it that way. But there, there were, you've talked about stormwater, that's a big, so. Ms. Cuellar: I respect that. And then at the beginning, the clerk did say for the speakers, they were speaking on both applications, so they received six minutes. And so if we can continue to engage with Mr. Bourdon to ask some of these follow on questions, I'd be grateful. Commissioner Plumlee,would you like to start? Mr. Plumlee: Yeah I think this is,just the type of application we want to take our time with. We're not in a hurry. These are important issues and these are important subjects. I live in this area. Flooding is my jam. Okay. It's what we deal with. So I'd like to hear if you have an issue with regards to flooding, that you want to address, or if you've not completed you're the subject, your response on the parking that should be given time to address those subjects and of course the height issue. I'd like to know if you have more to add, Mr.Bourdon: On the issue of height,I think we've said unless Dave has something that he wants to add at the height, there was one thing that was stated was not accurate. Is that remember that the height the tower is 110 to 120 feet west of the right of way line of Pacific Avenue. That tower, as it pertains to the Mayflower lot on the north side,is 38 to 40 feet from east of the boundary line of our property,and there's another 100 feet plus a 10 foot setback before we get to 312 34th Street, so we're not within 60 feet of any anything with any unit whatsoever. It's 138 to 140 feet. Similarly, on the south side, the tower varies. Its closest point is 130 feet from the rear property line and that's with a 10 foot buffer on the outside, and the setback to those apartments on top of that. There are no units within 50 feet of the shared property line with, it's just the parking structure,with the property at 311, I think it is, 33rd Street. And on the only, then there's the step up, which is 50 plus feet back, and that's memory care. That's a memory care, and then assisted living, and the tower itself is again 130 plus feet from our Western property line. There's no,none of the independent living units are within less than 130, and I think it's actually maybe more 140, but that's close enough, it's nothing near 60. And I've passed out the Sea Pines' comprehensive plan provision, it talks about height, and you'll see, take a look at it. This area along Pacific, up until BRAC, and this was I think after,but up with BRAC and the form based code it was always understood that along Pacific was not going to be like the rest of Sea Pines and that's what this is reflective of, and we are doing everything we can to respect that, and the deliveries everything on the alley are not going to come down that alley. I mean that's just on the eastern end where we've widened it out and made lots of room, made it safe to come in and not block anybody going through,but if it's better to cut it off,that so be it. But we're improving it to all the city standards. Now as far as flooding is concerned, we will not be filling the site. The site and the stormwater comes from the west to the east towards us, and I won't nitpick,but whether we, again, it's 100% on one side and 95%, 1 think it's probably more,it's closer to 98%or 99%impervious on the south as well. We can't create more stormwater that's being created now,and we won't be creating more stormwater than we're creating now. We will make whatever the circumstance is better. I would suggest that the flooding issues that they're speaking of, because it's ponding. More than I don't think anybody's been flooded out of their house. The flooding issues are properties like these that were developed 50, 60 years ago or more and there's, there was no stormwater management ordinance, there's no stormwater facilities, there's no, grading before you develop it at that point. So it's lack of proper development to start with and or blocks pipes as the gentleman said. But this is not going to add to anybody's flooding. It's only going to make it better. It can only make it better. I had the privilege of representing the application that was spoken of up on Arctic Avenue, the Willis application, great application. That property was more than 50%permeable. It's not the same situation whatsoever and there are provisions. We're going to, we are going to make the situation better, we're not going to make it worse, and we're not going to be elevating so that the water tries to,we change us to uphill and them to downhill. That's not gonna work. Mr. Plumlee: And I could just interrupt you just quickly, just to make sure everybody understands. When you say permeable,you mean that was a site where water could enter into the groundwater at that point? Mr. Bourdon: That's exactly right. Mr.Plumlee: But when it's hardened,which this site is hardened totally,the water may not seep into the soil. Mr. Bourdon: That's correct. Mr. Plumlee: That's what we're talking about now. Running off impervious cap. That's what it is,right? Mr. Bourdon: It's all running off. None of it's going into the ground. And so we will, with the redevelopment of this site, be decreasing the amount of stormwater that's leaving the site in accordance with what is required under code,which is different when you have a situation like this than you have with the Willis property,but the point is there is not, anyway that this application, this redevelopment is going to make flooding worse. And the gentleman would certainly be correct if we were going to try to raise it up and turn the water around and go the other direction,but that's not what's going to happen at all. The height of the building doesn't have any effect to the amount of stormwater that leaves the site. So that's,that's that issue. Ms. Cuellar: Just pause for one second. Just, there's a lot that we're digesting here, but does anybody have a question for Mr. Bourdon? Mr. Bourdon: I can let Mr.Jester come up because I know he has a few things. Ms. Cuellar: Commissioner Cromwell. Mr. Cromwell: Just to be sure I heard you correctly, you said the drainage at present day goes from west to east? Mr.Bourdon: Correct. It is,it's to the west of us the land is higher. Now because Virginia beach is flat for the most part, that may be very gentle,but the storm water and on this,and I think even the gentleman from MIT stated that the water, the does come here now,but arctic, it's higher, and then as you go back down towards Holly, it goes the other direction. Okay. But the, this block, the 300 block, at least the eastern half to, and I think it's the entire 300 block does flow from west to east. Again,the individual sites and the way they're graded and all,they may have some ponding and things but that alley,the water's coming this way,towards us. Ms.Cuellar: Commissioner Parks. Mr. Parks: Thanks. I know we've talked extensively about flooding and my biggest concern is the piping system that's there now. It's noted as being"blocked." That's not in the purview of this to deal with at this point, and I totally understand that. Are we saying it's blocked because there's a failed pipe, or are we saying it's blocked because there's stuff coming in because going back to your point, I believe that the flooding that is on site may only be because it can't discharge out of the site. Mr. Bourdon: First of all, and I want to clear something up. If I misspoke, I apologize. I don't didn't think I did, but I might have. The pipe that we're replacing is a sanitary sewer pipe, and we're doing all that in the casing because we're going to be building above it, and want to make sure it's not going to need to be torn out every 20 years. So I wasn't, I didn't intend to speak about stormwater piping,but I'll answer the question. When we get into the site plan review, and we do all of our stormwater stuff, which is again, a lot easier when you're dealing with a completely or 98%, whatever the percent is, that is already impervious and then you just have to reduce it. I think it's 10% of what goes, leaves the site, which is a lot different than the Willis site. A 100% different than that, and the Willis site is up high where all, everything is, some of this probably goes to Arctic,some comes this way. So that was a complicated site from a stormwater standpoint. This one actually isn't. And the only way we could impact flooding it all is if we did,in fact,want to put a bunch of dirt and raise it up. That's the last thing we want to do. That's exactly where I was trying to go with it. We're not doing anything to elevate and everything is based on the alley at its current grade. We will have to repave when we replace the sewer pipe. So it might be an inch or whatever,but we're not going in to do any filling. That, that's absolutely the case. Ms.Cuellar: Commissioner Coston. Mr. Coston: Are y'all using any underground storage tanks for water? If we did underground storage, we could certainly, we would do it, and it seems to me the place that would make some sense would be on the west side of the property where all we're talking about is the parking, the structured parking,there's no residential component there. And it's like we've got a,we got a ramp on one side, which only goes from grade level up to 16 to 17 feet on the north side of the ramp. That's all that's there. There's nothing above it. And then we've got the garage on the south side, but it could be number things. You could do some green roof. You could,the places where we're having the outdoor upstairs and outdoor patio, you can do things there that will capture water. There's a lot of things you can do that'll reduce the amount of water leaving the site. That's a,that's not going to be difficult here because it's because of the way the site is, and has been for all these decades. Mr. Jester: I've been building for 30 years. We've done at least a billion dollars' worth of construction. I'm not gonna have any say so in the elevation of that building,the city's gonna tell me what the elevation be. I can't impede anybody's property. I can't run water, additional water under their property. The elevations are set by the city and the grade. All of that. It'll be rigorous rigorous engineering on it. Right now,it's 100% impervious. When we build this building, all of that roof surface,all that water is going to get piped down and into the lines. We won't need tanks, but will greatly decrease the amount of runoff from rain, storm waters, those types of things. As I said, I've been in the office building 17 years there. One block away. I go to breakfast every Saturday and park right in front of the Jefferson Manor apartments and I've never had a flooding issue. Maybe there's been some,and I know some,at one point,one time city came out and looked at it and there were some clogged drains or something of that nature, but that's it really doesn't matter. It'll be rigorous engineering,and we can't impede anybody. We've only impede anybody. We're going to greatly improve. The alley is going to be wider. It's going to be lit. It's going to have sidewalks. When we originally worked on the design,the city wanted us to only ingress and egress off of the alley. And I said, no, were not going to impede that alley. I'm going to do that. So we have insisted on ingress and egress off of 33rd and 34th Street. And I can tell you, my senior drivers are not going to go down that alley and try and turn out on Pacific Avenue. They're going to come down the ramp. And they're going to go on 34th or 33rd Street, and when you downsize,you downsize your, everything. And that includes a number of cars. We went through all kinds of calculations on the amount of parking, and we could have had a few more parking spaces, but again, the city said, we want you to limit the parking. We want you at somewhere under 160 parking spaces. We're at 157. There's 130 parking spaces now. We're only increasing by 27. And that's age restricted, different hours that they operate. And let's keep in mind, the world is awash in asphalt. Shopping centers, office buildings have way too much because of the great invention,Amazon and Uber. So all of those things create less market. When we do a senior community,we always have more than enough parking with a one to one ratio. One parking space per unit. We're not,we don't intend to,we're going to improve the alley. We don't intend to impede it. We have a section that we're building just for drop offs and delivery trucks. We're not parking on the street. Amazon's going to come there and stop one time, and deliver it to the entire building in a secure room and people get notified their bags. They're not going to make 10 stops. When Amazon comes to your street, I guarantee they don't stop once. They're stopping at three and four houses up and down that street, followed by FedEx, followed by UPS, and followed by the post office. It's one stop here, and we have a space for them, and I have full time management. There there's going to be somebody managing the property at all times. There's no management on there now. That's right. There's no traffic management. No truck management. We will have that. I'm going to have the best operator in the city. And yes,we're going to have staff. We'll have probably create another plus 50 new jobs. But I'm not going to have 50 employees there atone time. There's going to be three shifts. You'll have a maintenance man for the independent living. You'll have a maintenance man, a property manager, an assistant property manager for people. So for the assistant and the memory that has staff, but they're in shifts. And believe me, they're gonna have their own parking. We're not parking on the streets. They're gonna have dedicated parking there because I want them to be there close to the building and be available for that. So, I'm not sure what else I need to rebut, but ask me I'm here for you. Ms. Cuellar: I have a question for you. One of the themes that has consistently come up on this application is the height. So as the builder,can you talk to me about that and how you got to that elevation in your design? Mr.Jester: Yes. So the math on the overlay was pretty complex. I'm pretty good at math, and that we spent a lot of hours on this. Once we get to a demonstrated density, then the height restriction goes away. You could,go to the city limit of 200 feet. We're at 158. We're only doing 97 independent livings,but they need to have enough space to be workable for the people that are going to, that are going to downsize from the 3000 and 4000 square foot house down to 1500 or 2000,but they don't want to downsize to 800 square feet. So we said,listen,well,we're not going to max out the density. Our density could have been 120 independent livings. We said, we're not going to max it out. We're going to go less than that,but we want to have larger units, that is the reason that we're higher. That also gives us greater design capabilities. Things to create a vista for the city to look like you have a vibrant area. But we're going to be an asset to the community. It's going to raise values. We're not going to impede traffic. The alley is going to be very functional for the neighborhood and we're not going to do any flooding. This is going to be a wonderful project that's going to look good and it's going to improve the neighborhood. Ms.Cuellar: Thank you very much. Any additional questions for the applicant? Thank you very much. Mr.Jester: I was chair of the CBPA for eight years for the City of Dunedin Beach, and I know what it's like to sit here all day. Ms.Cuellar: Thank you. We now have an opportunity for continued discussion and to entertain a motion. Yes,Commissioner Byler. Ms. Byler: 1'd like to start by saying I'm impressed with what I heard today and also with the package that was presented to us fast class all the way. I know Marlyn Development, Mr.Jester's excellent reputation,and I certainly believe that whatever he does,he's going to do well. That's a given. I'm impressed that the Navy signed off on it, no problems. Everything I hear on the comp plan,revision, we're in a redevelopment stage,we are not in a development stage, and we need to go up. We don't have any more. land, we've got to go up. And if nobody has an objection, the Navy doesn't have an objection, I don't have a problem with the height. I think it's a good plan. I am a little concerned that, we have so much opposition, and I feel like the opposition wasn't addressed in advance, and I don't know why. I don't know why that didn't happen before today to have a community outreach meeting a week after Planning Commission doesn't sound right to me. I feel like it should have been in advance. So that's my only concern. And maybe Ms. Warren has something to say. Ms. Warren: Sure, I'd be happy to. The only reason that we scheduled this meeting next week was we weren't contacted until the beginning of this week to set up a meeting and the request was to have it at some point next week. We didn't even hear about a community meeting or a request from the community members until this week,and they knew that the hearing was today. I am not sure if they made a request of the developer or not. We weren't involved in any of those conversations. Ms.Byler: Thank you,Director. But when we do our informal session,inevitably,we're told the developer reached out to the community. There was a meeting, or there was opposition,or there wasn't. Isn't that part of the process? And why did that not happen this time? Ms.Warren: So at this point,I don't believe that is a requirement. Although,we encourage every developer to reach out to the surrounding community we cannot require that. Ms.Byler: Thank you. Mr. Plumlee: If there's a question about reach, and I don't know if you're finished, Ms. Byler, if you I don't want to interrupt you. I had been in contact with the councilman who's been talking to members of the public. I don't know if Mr. Bourdon, if you want to address the issue of further public engagement,and what's been done because I think that's. It's important to let it out if you've got some information that I'm not privy to. Mr. Bourdon: Well, the Marlyn folks communicated, and have been communicating for some time with the adjoining property to the west on the north side,which is the Mayflower, and there's just no interest on their end to do anything. The adjacent properties to the west, the first two have been in communication with the owners. Those are all rentals and trying to both let them know, and also to try to see if there was an interest in selling. So the owners of the adjacent properties to the west of us are fully apprised and none of them are here. It's adjacent. And, we,the first time we went to the, PDRC big article in the newspaper. We've been back a second time again with a better plan. So it's been a lot of publicity. We actually didn't expect this, and we will certainly participate, and with staff,if they would like us to be there at any meeting that they set up. Ms.Cuellar: Thank you very much. Commissioner Anderson? Mr. Anderson: It was brought up this morning by me and others later about the Mayflower property. Has there been any discussion with buying that property to enhance your property? Mr. Bourdon: That has again as Mr. Jester has been assembling these properties that's been ongoing. Mr.Anderson: Has there been any discussion? Mr. Jester: That's a company out of Texas. Their business model is not normal. We've made offers. Ms.Cuellar: Sony,Mr. Jester, can we have you step up to the mic? Mr.Jester: That property is an obvious thing that would have been great to acquire. We, it was a lint corporation out of Texas. They bought it from Harbor Group. Had you know,we understand some management issues whatnot, and they've gone in and created quite a few short-term rentals in there. It's not like your typical property right now. We've contacted them every year for three years in a row about buying that property and they've sent them contracts. They're saying we're, nothing. And there's an agent that had the property for sale,and so when the property was for sale, they didn't want to sell off that separately. But we said, listen we would be happy to take care of that, and we offered to do a land lease with the option to purchase. Nothing, they're just very disorganized, very difficult, and we've tried every trick in the book and nothing. Mr.Anderson: They might come back to you after it's built. Mr. Jester: And that, I can tell you, I can see that property from my office and there's probably not 10 cars a day that ever really park there. The Mayflower doesn't need it. We had an attorney determine that is not necessary for excess parking for the Mayflower, but they just simply are not organized enough to do that. Ms. Cuellar: Thank you. Commissioner Mauch. Mr. Mauch: Yeah, I feel like a lot of the concerns whether people wanted to hear how it's been said or not have been addressed. I think the one thing that I have questions about still are the flooding that's in that alleyway. And I know we've heard a lot from,the people out there,whether it's the developer or people opposing it, but I'd like to hear from the city to know if some of those things that were being said are true. So that, that is the site pretty much 100% paved over at the moment, and if it is what needs to be done from the development standpoint to help mitigate some of that runoff that goes elsewhere, and I'll just kind of start with that. Ms. Alcock: So yes, the majority of the site is impervious. I can't say if it's 100% exactly, but it's very close if it's not. So as, this will be a redevelopment project and despite being one block from the Atlantic Ocean, it's in the Chesapeake Bay watershed. Water does drain from the west to the east,but then it hits Pacific Avenue,and goes down and back towards Laskin Road. So this will be a redevelopment project, and much like another project you heard, they will have to show a reduction in their runoff. They will have to show a reduction in the pollutant load, how clean the water is when they do their stormwater plans for this site. Mr. Mauch: Thank you. I think from a height standpoint, it's been answered well maybe not to the likings of the neighboring properties, but the density load allows for them to go through that alternative compliance process. And I'm just making sure I'm getting head nods,yes, so that I'm explaining correct. And that kind of allows for them to go for a height difference as long as they're not increasing their density load that's on that property. Just for clarification,I just wanted to make sure that was correct as well, and traffic concerns Pacific is just a dangerous road from start to finish and anything we can do to help the traffic on Pacific. We need to make sure we're doing. Ms. Cuellar: Thank you very much. Commissioner Plumlee. Mr.Plumlee: Yeah. I'd like to make a motion to approve this project,but I'm going to go through a list of the reasons why I support it. This is in my district. I do drive by it every day. I know the issues that are brought up very well. Catherine put her finger on it immediately. It's density that we're looking to solve a lot of the extraordinary problems that we have to have a better opportunity for mass transit, least have the opportunity, put people in the same place living with commercial opportunities they can walk to. Recreational opportunities, they can walk to. Reduce the need to get in a car and drive. The senior living facility means having older citizens with a place that's safe, that's beautiful. As far as flooding,we've heard it's hardened. It's a hardened site. This will be an improvement. It'll be a reduction because that's what's required under the code. As far as parking,we do have a public parking facility directly across the street, but you've heard from the applicant indicating that they were going to deal with the parking directly on site. As far as the traffic goes, in some ways that commercial opportunity could drive higher levels of traffic in and out of that exact site,much higher levels. As far as height,again,that goes back to our commitment for density. We have all kinds of height on the other side of the road,but we see it. It's still, is in front of us,and to have this facility is not going to change that fact. We had many speakers come. They're all wonderful people. They're brilliant,and they bring a lot of great ideas. But you heard at the beginning, almost to a person, I don't oppose this,but we keep waiting for the perfect thing to come along and to answer all issues. But what we do is we risk when we have a very good application from a very good builder with a high reputation that will lose the opportunity. These things are held together somehow by a force of will. But one minor thing happens and it all falls apart, and here we are for two years already. This is going on. I've heard about this project for a long time. I'm not criticizing people's ability to learn of things because you have a busy day. This has been in the newspaper. It's been out there. But if we keep pushing it down the road, where are seniors going to go? Where are they going to move to be close to their families? This is the opportunity. And I do think there is going to be a lot of inconvenience from it. There is on all the activities along that way, like there was with the Cavalier, like there are all these things, but we have a great application,and I don't want to see it go away because we didn't act timely. So I want to move to support it. Ms. Cuellar: Thank you, Mr. Plumlee. Just for clarification. Is your emotion going to be for both applications? If you can please state that for the record. Mr.Plumlee: If we can do it that way. Ms.Cuellar: Yes,a clarification from Ms. Alcock. Ms. Alcock: Yeah. Can I get one other point of clarification? So there was the recommended change for the street closure application. Typically,that would be 12 or 365 days to complete that process. Given the scale of this development and the time to get through site plan, they're requesting 24 months to complete that process. Staff is supportive of that. I just want that noted in your motion, if that is the desire of the commission. Mr.Plumlee: What Kaitlyn has just said, I add. She is on the record with me. Ms.Alcock: I'll do my best to repeat it. Ms.Cuellar: And is there a second? Mr.Alcaraz: I'll second it with the amendment from Ms. Kaitlyn. Ms.Cuellar: Are there any commissioners abstaining on this application? Commissioner Estaris, could you please state the reason why you're abstaining? Ms. Estaris: Yes,Naomi Estaris, I am abstaining and I've submitted the appropriate documents to city council,city attorney. Ms. Cuellar: Okay,thank you very much. So there's a motion on the floor to approve application number 10 for the street closure with the modification to 24 months, and application number 1 l by Commissioner Plumlee, seconded by Commissioner Coston. Ms. Alcock: The vote is open. By a recorded vote of 10 to 0 with one abstention from Commissioner Estaris, items 10 and 11, 33rd Street, LLC, has been recommended for approval. Ms.Cuellar: Thank you very much. I'd like to check in with the commissioners. We have been meeting for quite some time. We have two additional applications still. Would it be in the benefit for a five minute break for recess or everybody wants to keep going? Yeah, I think just recess for five minutes for a health break. Our agenda. I do have to make a note that Commissioner Coston has to step out for an appointment. Thank you for your service today. Vote Tall AYE 10 NAY 0 ABS-1 ABSENT 0 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 (#10, STC) 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant,or the applicant's successors and assigns,shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The applicant shall dedicate four(4)feet of right-of-way width along the entire 250 linear feet of the five (5) lots on the southern side of the alley to create a twenty-four(24)foot wide right-of-way.This dedication shall include reservations of the owners air rights for both Air Rights Parcel 'A' and Air Rights Parcel W. S. The applicant shall replace approximately 300 linear feet of existing sewer main within 33rd %Street,from the manhole located westerly of the intersection of 33rd%:Street and Pacific Avenue, which has been assigned the unit ID number of"003-205-M",to the manhole located southerly from the south-west corner of 312 34th Street, which has been assigned the unit ID number of"003-271-M",to the satisfaction of the Public Utilities Department. 6. The applicant shall encase the replacement sewer main with a steel sleeve under all portions of the Air Rights Parcels, extending twenty(20)feet on both sides past the Air Rights Parcels,to the satisfaction of the Department of Public Utilities. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within [strikethrough]36-5-days [end strikethrough] 24 months of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions (#11, ALT) 1. The site shall be developed in substantial conformance with the submitted concept site plan,floor plan, and architectural elevations, entitled "Beach Tower, Marlyn Development", prepared by Cox, Kliewer&Company, P.C.,and dated October 15, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.All 97 independent living units shall be developed as presented in the conceptual floor plans in regard to the bedroom/unit breakdown and floor area. 2. The site shall be developed in substantial conformance with the submitted concept landscape plan, entitled "Beach Tower, Conceptual Landscape Plan', prepared by Timmons Group,and dated September 30, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. However,final approval of specific planting species shall be subject to the Development Service Center's Landscape Architect. 3. If developed in accordance with this Alternative Compliance request,and the conditioned plans,the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request,an additional Alternative Compliance will be required for the change in use. 4. If developed in accordance with this Alternative Compliance request,and the conditioned plans, the overall density of this project is limited to: a. 97 Independent Living Units b. 27 Assisted Living Units c. 8 Memory Care Units 5. Prior to demolition of the historic Jefferson Manor Motel Apartments,the applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building.A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 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. To: Virginia Beach Planning Commission and Supporting Organizations: Planning Commission Meeting - 08 Jan 2024—Agenda Projects 10 and 11 Attached is a letter/petition prepared by several local Virginia Beach residents, and signed by 31 local impacted Virginia Beach residents, (within 1-2 blocks) requesting the Planning Commission REJECT the proposal from Marlyn Development Corporation (a.k.a. 33ro street LLC) to close the 33 'h street alley and construct a 12-story Senior Living Tower on the West side of Pack avenue between 33 and 34'h street. The attached 3-Page document outlines in speck detail how this proposal violates many aspects of the VB City Resort Area Form Based (zoning) code. This commercial 12-Story building is proposed for a "Protected Residential Area" with zoning limited to 35 ft max elevation, and proposing only 5 ft setbacks which is also a violation of this protected zone standard setbacks. in addition to the numerous Form Based Code (zoning) violations, this proposal will radically increase traffic in the area, and provides no viable ingress and egress path for trucks to make deliveries of food and other supplies and removal of significant waste materials. A detailed traffic study needs to be done BEFORE this proposal is accepted, because there is no viable way for a facility of this size, with this use, to accommodate the increased truck and vastly increased service employee and Senior Living Resident traffic in this residential area. Finally, this specific area (the alley between 33 and 34`h street, eastern end, near Pacific Ave) is already known by the VB DSC Storm Water team (Seth Edwards)to be in an area that severely floods with 1-2 ft of water during and after a heavy rainstorms, because the storm water piping is not sufficiently sized to carry away the rainwater that accumulates in this very low-lying area. The DSC just recently required a 25,000 gallon underground BMP (storm water collection system)to be installed at the other end of this alley (3310 Arctic - 320 30 Street—Willis project) about 500 ft away from this proposed building location, due to already existing flooding problems. This proposed new location is exactly at the low elevation point of a multi-block area and will need either a much larger BMP tank or larger storm water pipes from this location all the way to the outflow into the bay estuary at the Laskin road roundabout-approximately 5 blocks away. Bottom line—The normal approach to have the Planning Commission say"yes" and then ask the VB Traffic and DSC storm water teams to "find a way to make this work"is a HORRIBLE idea in this specific situation, because the site limitations are HUGE, and it is highly likely that these two dedicated and hard-working VB organizations will respond that, "we just cannot find a good way to make this work" Petition signed by 31 Virginia Beach Residents (to date) VB Strong December 17, 2024 Virginia Beach City Planning and Community Development, I hope this letter finds you all doing well. We are writing to express our strong opposition to the proposed Altemative Compliance Request from 33rd Street, L.L.C., a Virginia limited liability company. Property Location is at 3300 Block on the west side of Pacific Avenue, GPIN(s) 2428-02-0963; 2418-93-9083-0000; 2418-92-92-9868-0000; 2418-92- 8882-0000; 2428-02-0835-0000. The current landowner of the subject property knowingly purchased multiple lots, including the Historical Jefferson Manner Apartments. These lots have building restrictions that would prohibit the current proposal to construct a 12-story commercial building with multiple alternative compliances, adjacent to existing residential homes. The R-3 code expresses that no development within 100ft of residential homes is allowed to exceed 35ft- PROTECTED DISTRICTS The form-based code contains a number of provisions protecting residential and apartment districts that are adjacent to the Oceanfront Resort District("protected districts")from potentially problematic effects of commercial uses. These provisions include limitations on, or prevention of certain uses, based on height, screening requirements, enhanced setbacks, and access restrictions for commercial and residential uses. Compliance with all applicable components in full are required when seeking approval through optional forms of development alternative compliance, or enlargements alterations of nonconforming structures. The foram-based code addresses this type of situation whereby the building type standards govern basic form, placement and fundamental urban elements to ensure that all buildings complement neighboring structures and the street. These standards are based on existing building types found in the area and the vision expressed in the Resort Area Strategic Action Plan (RASAP). The redevelopment of 34th Street has been in progress for over 15 years. In just the last 5 years, multiple major improvement have occurred within 1-2 blocks of the proposal submitted by 33rd Street, L.L.0 . 1. The purchase of the north side of 34th Street by YPB allowed for the complete renovation of 9 homes built between 1920 and1950 preserving some of the Oceanfront's original homes. 2. Thirty Fourth Street Development, Ros Willis, has just completed a multi-million- dollar apartment building (9 units) at the corner of 34th Street and Arctic Avenue complying with the same zoning restrictions as the current residence. 3. Bishard Development is in the final stages of completing a new four-unit condo building on 34th Street adjacent to the Beach Tower Development in full compliance with 100% of the city's guidelines. 4. Bishard Development has also completed and sold four individual homes and six condos in the price range from $1,250,000 to $1,350,000 - one block North at the intersection of 34th and Arctic- all within the parameters of the building code outlined in the city's ordinance. The redevelopment of 34th Street over the past 15 years has all complimented one another as indicated in the Resort Area Strategic Action Plan. We welcome the development of the parcels previously indicated, provided they follow the existing guidelines and complement the existing homes. A site plan or preliminary drawing cannot depict what the actual effect will be on the surrounding area, the current residences, and their financial investment. Outlined below are some of the concerns that cannot be ignored or overlooked in determining the correct decision pertaining to the proposed alternative compliance request. 1. Construct a 158.5-foot structure which is 400% over the current code of 35ft maximum. This proposed location is 100% within the "protected district" outlined in the ORD Form-Based Code. This code was clearly designed speciifically to prevent structures of this type being built next to residential homes. The structural height of the Mayflower apartment building and or the parking garage on the east side of Pacific Avenue does not provide a compelling argument because it is outside the 35-foot maximum height restricted area. Under the RT-3 Code Summary, compatibility height limits apply within 100' of a residential district. The unfavorable effects of a 12-story commercial building to the current residents cannot be mitigated by its' "dramatic architectural addition" or it's proximity to adjacent districts. 2. Partial street closure of 33 Y2 street and Parking ramp. Several apartment buildings depend on 33 Y2 street alley to access their parking lots while homeowners must utilize it to access their garages. Current renters and homeowners use 33 Y2 street to access the oceanfront from their garages. Families have most recently purchased homes for over 1.2 million dollars on 33 %2 street that plan on using this direct route to access the boardwalk, restaurants, and other amenities. Constructing a 12-story building over the street with a parking garage ramp entering and exiting on an alley with heavy pedestrian traffic is dangerous. The 33 %2 street alley was never intended to be used as a major thoroughfare for a commercial parking garage or service ' vehicles for a large multi-family building. The 24-hour operation of an apartment building for seniors that has multiple dining facilities will require at least three food deliveries per j week by an 80-foot truck. The kitchen service alone will have multiple service trucks using 33 Y2 street alley as their only option to access the unloading Zone at the intersection of 33 %2 & Pacific. The proposed site plan shows the direction of these 80-ft truck deliveries in the alley, under the new building overhead bridge, facing towards Pacific. The only way an 80-ft truck can get into this position is to come all the way down the alley from Arctic to Pacific. Turning right off Arctic Avenue onto the alley of 33 '/2 street, directly adjacent to residential homes, and in front of driveways, parking lots, and sidewalks where people are walking, biking, and general activities. Delivery trucks will have to pull into oncoming traffic on the left side of Arctic Ave. to make the turn on the narrow 33 '/Z street allev. Large food distributors must unload from both sides and the rear of the trailer that requires extended ramps. This will block traffic on 33 Yi street while unloading which takes over an hour. When exiting the alley onto Pack Avenue the truck will have to pull forward into the left lane of 331/2 street blocking ingress and egress at the intersection before turning right onto Pacific Avenue, thereby blocking both lanes of traffic while slowly making a turn. This is going to impede traffic and cause a dangerous situation for pedestrians crossing Pacific Avenue. The volume of issues caused by the partial road closure and attempt to turn an alley into a main thoroughfare is unwarranted and not in the best interest of the citizens. Widening the alley from where the proposed parking ramp starts to Pacific Avenue roughly 5 feet will not address the issue but will provide a false perception of space during the permitting process. The intersection at 33 %z street and Pacific Avenue with pedestrians, bikes, Pacific Avenue traffic and delivery trucks all coming together at that point will cause a very dangerous location. 3. The vision of the Resort Area Strategic Action Plan calls for fundamental urban elements such as open roomy sidewalks. However, the proposal request includes minimal setbacks on all sides of the building taking place of the urban elements as suggested. 4. Street congestion will absolutely be significantly worse with the vehicles from 157 additional residential parking spaces (the independent living seniors I know don't stay home all day), their visitors, and a minimum of 50+ employee commuters. Street parking for existing homeowners and renters will be extremely scarce, especially in the summer. The idea that the new development will reduce the number of daily automobile commutes is completely misleading. Currently the Beach Tower has 8-10 commuters per day. Traffic load in the area will clearly be substantially increased. 5. Noise and light pollution; we are all familiar with the noise from a parking garage, precisely the ramp. The proposed site plan has the parking garage just 15 ft and the ramp 50' to the nearest home. Light pollution from a 12-story building with a parking garage will be overwhelming to the residence currently living on 33rd, 33 %, and 34th streets, noise and light both can be considered a disturbance to homeowners. In closing, please know that we welcome the re-development of the proposed parcels along with the maximum density allowed provided the development does not exceed the zoning restrictions that require it to meet the same existing elements as the previous developers. The full potential of the properties in question is subjective and implied hardship is no avenue for any variance approval. The proposed development brings many concerns including nonconforming development in a protected residential zone, to the encroachment of the 331/2 street alley, as well as to major engineering issues, and the safety of the citizens and tourist. The undersigned residents of this Immediate neighborhood all agree with the MICepts and problems described In the letter above and strongly oppose the oonstruation of the Marlyn Development Sr. living building. All Addresses Below Are Virginia beach, VA 2WI Name Print Signature Street Address ,,.. P It.-,tA t; • 6 3 3 1 0 n t QQ y� v A Lk t (PW c JCr,- W L, I 1 fi 3 t to 30 t F U o- C e �iLIf fz `e A,LO !MAN h4 z Su. MG"r--lk _Z�/�L "-A 3'-i ll.?—Vt « kOwQL jk b+k 6,1., The undersigned residents of this Immediate neighborhood all agree with the concepts and problems described in the letter above and strongly oppose the construction of the Marlyn Development Sr. Living buiading. All Addresses Below Are VbUthla Beach,VA 2301 Name Print S' t A Street ilaV$5 'az '-5r fiol '3 f/C ?MX 3fi 33 f a *� s/s, 3"�4A-14c Og ` 3l5 33��r -# e7Y ZI lJru-7 C 7-1k Al2 OR e A OR 7310 str , st OOR 4 � R3 Street A2 3 A118 OR OR '` °tea Al2 � A24 _ 1 �t00 A 1-2 , ' ,��,�-Stye A24 ���---d Na - Al2 33r00 Al2 Street ---��33rd RT3' A24 A) 2 A24 RT3 ' street A�12 33rd �Al2 i OR OR OR - A-36 33rd Street, LLC N ® site 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, W-*1 Property Polygons parcel immediately west of 305 33rd Street, S Zoning & parcel immediately east of 3300 Pacific Avenue Building Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 33RD STREET, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (Request to construct a 12-story Senior Living Facility) for the property located at 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street(GPINs 2418939083, 2428020835, 2418929868, 2428020963, 2418928882). COUNCIL DISTRICT 6 (Remick) MEETING DATE: February 18, 2025 ■ Background: The applicant is requesting to deviate from the prescribed height of the Oceanfront Resort District Form-Based Code to develop a 12-story senior living facility. The proposed facility will include 97 independent living apartments, 27 assisted living units, and eight memory care units. The project will include structured parking to accommodate 157 spaces. Proposed amenities include an indoor pool, fitness area, pickleball courts, outdoor courtyard, media room, library, salon, storage facility, rooftop patio, dining facilities, and bike rentals. Access to the site will be from 33rd, 33 '/z, and 34th Streets. The proposed height of the building at its tallest point is 158.5 feet, which includes a rooftop clubhouse and elevator override. The tower portion of the project, located along Pacific Avenue, will be 148 feet in height. The building steps down on the western side adjacent to the Seapines neighborhood to a height of 43.5 feet. All other dimensional requirements of the Form-Based Code, including setbacks, landscaping, parking, and transparency, will be met with this proposal. There are two existing buildings on the site that will be demolished, including the Jefferson Manor Motel. This building is listed as a historic resource on the Virginia Landmark Register and the National Register of Historic Places; however, these are honorary designations, and no additional reviews are required for alterations or demolition. There is a Street Closure application that accompanies this request to close the Air Rights Parcels over a portion of 33'/2 Street. The closure will allow the proposed building to span the alleyway and create a continuous frontage along Pacific Avenue. 331d STREET, LLC- Alternative Compliance Page 2 of 3 ■ Considerations: City Council may only approve an Alternative Compliance request for height if the density does not increase over what could be constructed under the prescribed form of the Form-Based Code. The applicant submitted a density study which was reviewed by staff and the Joint Review Process Group (JRP) on November 21, 2024. It was found that the proposed development does not result in a higher density that could be achieved under the prescribed 35-foot height limitation. The addition height allows for enhanced amenities and larger living units. This application was reviewed by the Resort Advisory Commission's (RAC) subcommittee, the Planning/Design Review Committee (PDRC) on December 3, 2024. PDRC voted to support the application and believes there is a demand for this type of housing within the Resort Area. The Oceanfront Resort District Form-Based Code provides flexibility through Alternative Compliance for development form and uses that contribute to the stated goals of the Resort Area Strategic Action Plan (RASAP 2030). Staff finds that this project is consistent with the form and character of the Resort Area and provides needed diversity in housing types and contributes to the aspirational goal of year- round residents. Staff did receive a petition of opposition for this request containing 31 signatures noting concerns regarding the significant increase in height as well as increased traffic and flooding. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0 with 1 abstention. 1. The site shall be developed in substantial conformance with the submitted concept site plan, floor plan, and architectural elevations, entitled "Beach Tower, Marlyn Development", prepared by Cox, Kliewer & Company, P.C., and dated October 15, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. All 97 independent living units shall be developed as presented in the conceptual floor plans in regard to the bedroom/unit breakdown and floor area. 2. The site shall be developed in substantial conformance with the submitted concept landscape plan, entitled "Beach Tower, Conceptual Landscape Plan", prepared by Timmons Group, and dated September 30, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. However, final approval of specific planting species shall be subject to the Development Service Center's Landscape Architect. 331d STREET, LLC-Alternative Compliance Page 3 of 3 3. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the project area is only to be used as a Senior Living facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 4. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the overall density of this project is limited to: a) 97 Independent Living Units b) 27 Assisted Living Units c) 8 Memory Care Units 5. Prior to demolition of the historic Jefferson Manor Motel Apartment, the applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Opposition (1) Letters from Applicant's Representative, R. Eddie Bourdon Jr., and Jonathan Darling regarding delivery of food and ancillary supplies to proposed Senior Living Community Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager: P Agenda Applicant: Planning Commission Public1 CouncilCity / • Project Details East Request Pacific Avenue, parking garage/ OR Oceanfront Alternative Compliance (Request to construct a 12- Resort story Senior Living Facility) j..%r ', Staff Recommendation Low-density residential, apartments/ OR Approval Oceanfront Resort Staff Planner Garek Hall an Hanni h 39�St g l.1NKHORN OR A. a �1tH SS Location q� 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd ,�,5, S Street, Property east of 3300 Pacific Avenue, ,5N""`FgT yT SS Property west of 305 33rd Street `fst m GP/Ns '""5� a 9)RQ Np,'F 24189390830000, 24280208350000, 24189298680000, 24280209630000, °OOR° 3�Np St 24189288820000 Site Size Lp K RD 1.29 acres WA 3o�+s, � Y r AICUZ F 70-75 d B D N L m Zej"st Watershed Atlantic Ocean 1 Existing Land Use and Zoning District 34� ; Office building, Historic Jefferson Manor Motel Apartments, parking lots/ OR Oceanfront Resort Surrounding Land Uses and Zoning Districts .r North : , , ►, . 34th Street ' ! t �' Offices, low-density residential / OR Oceanfront Resort , 33rd Street Offices/ OR Oceanfront Resort 33rd Street, LLC Agenda Item 11 page 1 of 23 Background SummaryofProposal • The applicant is requesting to deviate from the prescribed form of the Oceanfront Resort District Form- based Code to develop a 12-story Senior Living Facility. • This Alternative Compliance application is part of the larger Beach Tower project which includes a Street Closure request (2024-PCCC-00169)to close two contiguous air rights parcels over the alleyway, 33,d Street, to be acquired by the applicant. • The proposed facility will include: 0 97 independent living apartments (1-, 2-, and 3-bedroom units) 0 27 assisted living residences 0 8 memory care units • The project features structured parking to accommodate 157 parking spaces, residential amenities including dining, fitness areas, and communal spaces across multiple floors and the rooftop patio, electric bike and low-speed vehicles available to residents, and private residential storage facilities. • The project will require the demolition of the Jefferson Manor Motel Apartments and the existing office tower on the project site.The Jefferson Manor Motel Apartment building is a historic resource on the Virginia Landmark Register and the National Register of Historic Places; however, these are honorary designations, and no additional reviews or approvals are necessary for alterations or demolition of the structure. • The proposed height of the Beach Tower will be 158.5 feet, which includes 148 feet for its 12 enclosed floors and an additional 10.5 feet for a rooftop community clubhouse and elevator override.The maximum prescribed height for the property is 35 feet. • Within the Oceanfront Resort District Form-based Code an increase in a site's maximum permitted building height can only be approved through an Alternative Compliance request. The request may only be approved if it is found that the proposed increase in height does not result in a greater density than could be achieved under the prescribed height limits of the code. This consideration of density is part of an ongoing agreement with the Navy that enables greater flexibility in use and design while reducing the overall density that could have been achieved prior to the adoption of the Form-Based Code.This request was considered by the Joint Review Process Group (JRP) on November 21, 2024, and it was found that based on criteria established for increasing height through the Alternative Compliance request, the proposed development does not result in a higher density than could have been achieved under the prescribed 35-foot height limitation.This was demonstrated to the satisfaction of the JRP through a density study that analyzed the theoretical buildable floor area using the prescribed form with the applied residential floor area of the proposal. 33rd Street, LLC Agenda Item 11 page 2 of 23 • This request was presented to the Resort Advisory Commission's (RAC) subcommittee, the Planning/Design Review Committee (PDRC) on December 3, 2024. PDRC voted to support the item and believes there is demand for this type of housing within the Resort Area. Zoning History Map Key No. Request 30H CUP(Short Term Rental)Approved T, 11/14/2023 CUP (Short Term Rental) Approved oR 11/14/2023 1 CUP (Short Term Rental)Approved 8 11/14/2023 L CUP (Short Term Rental) Approved 11/14/2023 2 NON Approved 01/14/1997 2 3 CUP(Commercial Parking Lot) Approved 06/12/2012 2 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 - • • • The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the stated goals and objectives of the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 of the ORDFBC. Although the proposed project does not fully align with all the prescribed forms of the code, including overall height, parking structure design,tower provisions, setbacks, and outdoor amenity space requirements, staff has found that the use is consistent with the form and character of the Resort Area and provides much-needed senior housing, thus contributing to the aspirational goal of a year-round resort. Additionally, this area of the Pacific Avenue corridor is ripe for redevelopment and this proposal represents a significant investment in the Resort Area, aligning with the broader vision of the Resort Area Strategic Action Plan (RASAP). Situated along Pacific Avenue between 33rd and 34th Streets, the project will create a vibrant senior living community. The proposed development includes a mix of independent living apartments, assisted living units, and memory care residences, offering amenities such as dining facilities, fitness areas, and a rooftop 33rd Street, LLC Agenda Item 11 page 3 of 23 community clubhouse.This project is designed to cater to residents aged 62 and older,to foster year-round activity and economic vitality in the Resort District. The proposed Beach Tower project aligns with many of RASAP's goals, including creating pedestrian-oriented streetscapes, reducing surface parking, and encouraging alternative modes of transportation; however, the proposal presents challenges that require careful consideration.The 12-story building height which necessitated this Alternative Compliance request,far exceeds the prescribed height limitations for a property located west of Pacific Avenue and adjacent to the Seapines Station neighborhood.There are also more minor aspects of the project that do not conform to any one set of Building Forms in the Code. Additionally, the proposed project relies on demolishing a recognized historic resource, the Jefferson Manor Motel Apartments, which serves as a landmark to 1950s and 1960s oceanfront tourism and provides a form of affordable housing in the Resort Area.These challenges have been recognized and addressed through several conditions that staff are recommending be applied to this Alternative Compliance project. This section will evaluate the proposed development against the requirements for Alternative Compliance application type, focusing on how it does or does not align with the stated goals of RASAP and potential impacts on the surrounding area. Pursuant to Section 7.3.3 of the ORDFBC, the following 'Review Standards' have been set for applications seeking Alternative Compliance, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole;' satisfies these standards. Each of these standards is listed below with a Staff comment pertaining to the degree to which the proposal meets each: • Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments:The Beach Tower project promotes alternative modes of transportation by providing wide sidewalks, electric bike charging stations, bike storage, and golf carts for use by its residents. Its location along Pacific Avenue and 33rd Street is within walking and biking distance to the Virginia Beach Boardwalk, 31st Street shops, and nearby retail shops and restaurants, allowing residents to access these amenities without relying on personal vehicles. Additionally, the project's integration with trolley routes and proximity to public transit options further support multimodal transportation. However, the inclusion of 157 parking spaces indicates that automobile use remains a priority for the development, which may conflict with broader efforts to reduce car dependency in the Resort Area.This conditions is not unique to this development, nor development within the city where dependency on the personal automobile is a necessary aspect of living in Virginia Beach; however, this project does present an alternative for its residents. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments:The Beach Tower's design includes active frontages along Pacific Avenue and 33rd Street, which contribute to a pedestrian-friendly streetscape. Architectural transparency, landscaping, and setbacks enhance the building's visual interest and create a welcoming environment for pedestrians. However, the 12-story building with a height of 158.5 feet is significantly taller than the low-density residential neighborhood, Seapines Station, located to the west of the project.This conflict in height could potentially create a sense of imbalance at the pedestrian level. To address this concern, the project features setbacks and steps back its massing to mitigate some of this impact—the project 33rd Street, LLC Agenda Item 11 page 4 of 23 tapers down from the overall height of 158.5 feet to 45 feet where it is closest to the residences along 33rd Street. Additionally, staff acknowledges that the prescribed height of this project site does present a general scaling issue—while the west of Pacific Avenue only allows for a height of 35 feet, directly across Pacific Avenue the height is permitted to be 110 feet tall. While the request on this site is greater than the prescribed height across Pacific Avenue, there are existing nonconforming buildings that must also be considered, such as the Mayflower building, which is approximately 170 feet tall. Given the conflict between the prescribed form of the code and the actual built environment, staff believes the project proposes a solution to the disparity between code and reality. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments:The proposed senior living community diversifies residential housing options in the Resort Area by providing independent living, assisted living, and memory care units. This focus on year- round residents helps stabilize the local economy and supports nearby businesses. The development introduces a compatible use that complements the surrounding hospitality and retail offerings, contributing to a vibrant mixed-use environment. While the project aligns with a specific market need, namely senior housing, rather than providing a more varied residential mix, it contributes to the overall variety of housing options in the Resort Area. Staff recognizes the impact the loss of the Jefferson Manor Motel Apartments has to preserving and maintaining the history of the Resort Area as well as the loss of the 10 affordable housing units the Jefferson Manor currently provides. In regard to the loss of an invaluable historic resource, Staff is recommending condition 5 to properly survey and document the historic Jefferson Manor Motel Apartments. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments:The project aligns with the general intent of the ORDFBC's street frontage regulations, particularly by enhancing pedestrian activity along Pacific Avenue and 33rd Street. Its active frontages, wide sidewalks, and landscaping encourage walkability and create an attractive public realm. While the proposed height deviation exceeds the prescribed standards, it is consistent with adjacent high-rise developments along the east frontage of Pacific Avenue and contributes to the evolving urban character of the area. 33rd Street, LLC Agenda Item 11 page 5 of 23 • Is physically and functionally integrated with the built environment in which it is located. Staff Comments:The Beach Tower's design complements nearby developments, such as the Cavalier and 31st Street projects, helping to create a more cohesive urban fabric.The project replaces an older office building with contemporary architectural and landscaping features that integrate well with the proposed improved streetscape.The transition between the higher-density Beach Tower and the lower- density areas to its west requires careful consideration to ensure the proposed development does not negatively impact the adjacent Seapines Station neighborhood. There is no doubt that the properties included in this development are between the high-rises of the oceanfront and the low-density of the adjacent neighborhood which makes any development, by-right or otherwise, of this property a challenge to balance. The project leverages enhanced landscaping, stepped massing, right-of-way improvements, and a more thoughtful consideration to the holistic design of the site and architecture that staff believes improves the physical and functional integration with surrounding properties. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: By eliminating surface parking lots and consolidating 157 parking spaces into a structured facility, the Beach Tower supports the Resort Area Mobility Plan's (RAMP) goal of reducing visible car storage. Additionally, the provision of bike and golf cart charging stations aligns with efforts to promote alternative transportation. While the inclusion of such a significant number of parking spaces reflects a continued reliance on automobiles, providing onsite parking alleviates the potential for overflow parking to impact adjacent neighborhoods. Staff finds that the proposed project will have no detrimental effect on the parking strategy for the Resort Area as it not only accommodates all required on-site parking for the senior living facility but also it provides its residents with alternatives to moving around the Resort Area itself without the need of a personal automobile. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments:The height deviation, while consistent with nearby high-rise structures, may impact sunlight, privacy, and views for neighboring properties, especially those in the Seapines Station neighborhood directly adjacent to the west. However, the setbacks and architectural features help mitigate these effects, and the height aligns with the evolving character of Pacific Avenue. During construction, the noise, dust, and increased activity may temporarily disrupt the neighborhood, especially the use of 33Id %: Street alley that feeds nearby neighboring properties. Adherence to strict construction management protocols can minimize these impacts. Additionally, the project introduces a stable population of senior residents who are unlikely to generate significant traffic or noise, reducing potential long-term disruptions to the area. Given this, staff does not believe the proposed use will be a detriment to surrounding properties nor the Resort Area in general. While the proposed Beach Tower project poses some challenges, including its height deviation, reliance on parking, 24-hour operation, and the loss of the historic Jefferson Manor Motel Apartments, it does align strongly with the RASAP's goals of revitalizing the Resort Area with pedestrian-friendly design, diverse housing options, and improved urban aesthetics.Through thoughtful design and by implementing proactive mitigation strategies, this project represents a valuable addition to the Resort Area. Given these considerations, Staff recommends approval of the proposal with the conditions listed below. 33rd Street, LLC Agenda Item 11 page 6 of 23 Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site plan,floor plan, and architectural elevations, entitled "Beach Tower, Marlyn Development", prepared by Cox, Kliewer & Company, P.C., and dated October 15, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. All 97 independent living units shall be developed as presented in the conceptual floor plans in regard to the bedroom/unit breakdown and floor area. 2. The site shall be developed in substantial conformance with the submitted concept landscape plan, entitled "Beach Tower, Conceptual Landscape Plan", prepared by Timmons Group, and dated September 30, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. However, final approval of specific planting species shall be subject to the Development Service Center's Landscape Architect. 3. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 4. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the overall density of this project is limited to: a. 97 Independent Living Units b. 27 Assisted Living Units c. 8 Memory Care Units 5. Prior to demolition of the historic Jefferson Manor Motel Apartments, the applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 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. 33rd Street, LLC Agenda Item 11 page 7 of 23 Comprehensive • • The applicant is seeking Alternative Compliance to develop senior living apartments, both assisted and independent living, in a 12-story building.This project falls within the Resort Area SGA and within the Short Term Rental Overlay District. As an alternative compliance project in the Oceanfront Resort District, the form- based code review standards call for consistency with our standards laid out in the Code and RASAP (p. 7-9, OR-FBC). The Resort Area Strategic Action Plan (RASAP) calls for "supporting impactful projects that benefit the Resort Area and the City of Virginia Beach," while providing housing for "a diversity of incomes and households." (p. 52, RASAP)The RASAP further recommends that 15-20%of residential units be affordable to meet the goals of the RASAP. (p. 50, RASAP) Additional recommendations within the RASAP include "contemporary compatible infill" that "respects neighborhood context" as well as an emphasis on high-quality streetscape design and landscaping to enhance the public realm of the oceanfront. (p. 28 and p. 32, RASAP) The RASAP and the Resort Area SGA Plan both speak to the importance of historic preservation, with Goal 7 of the RASAP calling to "rehabilitate and preserve historic structures and properties" (p. 5) and to "adaptively reuse and rehabilitate historic properties whenever possible, as well as respect those buildings with new, contemporary compatible urban infill projects" (p. 6) Further discussion on "Preservation, Cultural Identity, and Historic Structures" in the Resort Area SGA state that "With development opportunities come the responsibility of respecting and rehabilitating the historic properties in the resort area. Adaptive reuse projects are a sustainable way to preserve the history of the area. New, urban infill projects will need to take a look at historic structures on adjacent sites and respect those buildings both in massing and with a contemporary compatible design" (p. 36) ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are known historic and cultural resources that will be affected by this project: As part of the larger Beach Tower project, the Jefferson Manor Motel Apartments (VLR Reference Number 134-5383), a historic resort- oriented efficiency apartment unit, will be demolished. The resource is listed on the Virginia Landmarks Register and the National Register of Historic Places.There are no deeded or codified protections to this historic resource. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 9, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Tuesdays, December 24, 2024 and December 31, 2024. 33rd Street, LLC Agenda Item 11 page 8 of 23 • 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, February 4, 2025 and February 11, 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 February 3, 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 February 14, 2025. 33rd Street, LLC Agenda Item 11 page 9 of 23 v � m J c-i N J _ E o 1_ Cn tLo f= ro to � � Q m Q DATA: _ a e In INDEPENDENTLNWGTNIT TOTALDEVEEHOP'.'EN7 •27 ASGSTED LIVING UNITS — DEVT ' (� i •S MEMORY CARE UNITS i V: t F li a l I MARLYN �, w I----------------------------------------------- DEVELOPMENT 'la e i I I INDEPENDENT L IVINt a e ii c • sue°^ rn m m • 34Ty,TREE-Ala: TRASH -AC F C AV EN_E III I ��r •_ _ .- C=BE? 5._.^,'->a —� - - •. sc tlr+a ADMIN?FICES ---------____ GiN v1FROH'AGi • PRELIMINARY OVERALL SITE/GROUND FLOOR FLAN PACIFIC AVENUE .-. • • • 0 u r-q ro —.1 rH r-4 E o cu W Ln -0 41 to C M Q) CL it — %Q61110m w ro —--—-- mar a DATA: r ass 157 SPACES PROVIDED.TOTAL DEVELOPMENT 97 INDEPENDENT LIVING UNITS,TOTAL DEVELOPMENT •27 ASSISTED LIVING UNITS 8 MEMORY CARE UNITS a i I v ' MARLYN ------ DEVELOPMENT cc rn INDEPENDENT LIVING Ii M TTR 0 LOBBY 4 0 c. m m LOW mwcz 0 u - GAL-ERY --------------- 34TH STRUT AND >ACIPC AVENUE OP OCTOBER15 2024 ----------------- -- --- ------ CL ------ u 0 PREUMINARY SECOND BOOR PLAN PACIFIC AVENUE V) 0 CL 0 L- CL U r-I M J E o N to C - - - - - � rDATA: - - - - Ma -�I arm:: � 157 SPACES PROVIDED,TOTAL DEVELOPMENT 97 INDEPENDENT NDEPEAS&IST DE LIVING I INLOP%LENT 1;� • NITS E MEMORY CARE UNIT£ ASSIS„ED LIVING!MC F OOR ?j( o I i MARLYN ------------------------------------- DEVELOPMENT ��.1__.,....... m it I P I �I o 1111 ; INDEPENDENT LIVING cn wr w..r. - - -1=LEE • - - �,- - _ t1 ::. .:l, GAI FRY UTH A' I �AGPC A A AND V - OCTOBER 15,2024 mm - - - - G� r r+ - ' 1 - --- +-__ _ ( Mt[WAX 11710NTNL - • PRELIMINARY THIRD FLOOR PLAN PACIFIC AVENUE • ° 0 U -1 cn J --1 N J _ O L V) v CL- T - - - m .,�,�.•,� �i a DATA: �y 157 SPACES PROVIDED,TOTAL DEVELOPMENT +� 97 INDEPENDENT WING UNITE,TOTAL DEVELOPMENT •27 ASSISTED JVING UNITS, 1 8 MEMORY CARE UNITS i MARLYN ------- ---- DEVELOPMENT m o I INDEPENDENT LIVING R �I I I �. �II/If u - I.,_ �_.�I _-f1.E�`. M y }•:. I � • ASSISTED LIV NG FLOC — .. - 34TH STREET AND >AOFC AVENUE - -- 1 OCTOBER 16,2D24 t - ca.Khm-er& CL _. 0 PREUMMURY FOURTH FLOOR PLAN PACIFIC AVENUE U r-I ro J e-i fV J C C 0 Q Ln "p to 4! C m to Y__—_- __—__--_—_---_—. __—._—__—__—__--•—._ _—•.--_—_---_----.-----__— w rn DATA: : - w i 157 SPACES PROVIDED TOTALOEVELOPMENT •97 INDEPENDENT L1V�If'iil�8,TOTAL DEVELOPMENT .27 ASSISTED LAMIG IMf6 8 MBICRY CARE UNn i i! I MARLYN ------- --— DEVELOPMENT I � m i 7TH-10TH FLOOR.13 UNITS PER FLOOR •78UWTSTOTAL i •a-�W uwns • • INDEPENDENT LIVING m A 0 • • a„urn.LL - - • tea„ -ACFC AVENI,E es Cu\."tiver& • .w.��r GATiV.Ar f GgON•A0: • PRELIMINARY FIFTH-TENTH FLOOR PLAN PACIFIC AVENUE U T-1 M J r-I N J C _ + C o a) Ln L V- 0 Q - T - - - - - --- ---- - - - rDATA: - - - - ------------ � mQ •157 SPACEf',PROVIDED,TOTAL DEVELOPMENT Ali 97 INDEPENDENT LIVING VNITS.TOTAL DEVELOPMENT 27 AS.�,IGTED JVING UNITS 814EMORY CARE UNITS MARLYN �i cn — — — — — — — — — — — — ---- DEVELOPMENT • l I I j nn+FLOOR:iz UNIT$TOTAL j / I m •2-2 m'm -i i-i� araarau�uwrs I •J-31A-Od24TOAY PRO- Ae jWt I 12TH FLOOR:7 UNITS TOTAL j , INDEPENDENT LIVINGtw j M : • , 4-0 . . l U • ccan , , , - I EET UTH STR AND _ - ..�• I PACIRC AVENUE corn. v11W. .ACM. A I OCTOBER 15.2024 MF.953M1tN '.i _____________ �- ,GRONMC _ 56 0 PRELRAINARY ELEVENTH AND TWELFTH FLOOR PLAN PACIFIC AVENUE U r-I cm J e—i N J C +i C O (u + t"I N -0 QJ C lao CU Q- T DATA: - - - - - - - - -- ,� mQ w> •157 SPACES PROVIDED,TOTAL DEVELOPMENT 07 INDEPENDENT UFVM UNITS,TOTAL DEVELOPMENT •27 ASSISTED LIVING UNITS •B MEMORY CARE UNITS jl v jj ! MARLYN i!� !------------ DEVELOPMENT a 9,— 3i INDEPENDENT LIVING MMe tilij I I « i I I • r _._...__.__. _..._.--___....._._ 71 • r 34TH STRUT AND I PACWC AVEP" i �'RGR+ARiKh w. OCTOBER I&2M4 ROOF DECK aLEI �__ -------- G:J•Ar 1 tFOM'ML _ ou • PRELIMINARY CLUBHOUSE!ROOF DECK FLOOR PLAN PACIFIC AVENUE U M —I r-I f-4 J CC _ C 0 Q) a--Y L Q M w m Q CONCEPT PLANT SCHEDULE d SVREiT[R[x'w(iE iREF.WhIIiIEGEPEirE9 r .AG" vIGe1MMW G1VRwCfiW RlE1iCEA 61.ttUUETfE 6NEf"�:.�r •��b � CW.+JVAM1NNpw.11•FEVMrYW/KlN,a £k�c + rN+w ruE�oaa euerow Per.. bMa ('fy� l•• �( v •9 IE h'RFE Mc W%Vk M3rMYS4'r�iRC.>'}W1:YMrl2 .i"•_ ,ro wr .fY..„, wrc WFR[l%iWMrIYN.[EIY.Y:CtlEIEaV .. „,� •E[w+CfMn...'YfREV«CaLV 7c- QZ Y4*E r •tNll'YAiEArK5E16*£DYIE G.�{kSRDMO MIKM u*ERE. a I ' E ��{�L�AIC?[J U1�4i allvtA»a.•Mllwl taH lrv.%:xl.wvc)uwlHvtr� J ez a eJ VIRGINIABEACH LANDSCAPE REQUIREMNTS 1 l I � vd�NM+.n✓.,vrvrvl� Q -)It EEO VaIv,.EMI ORE YR+Ire rw rw E Ix R v of u n}Rrw:ace; �, ,• � _. .,'-. -'� � ((� �-.._ (�(�(� l �y�� ya,., ((LL,, siREETfRwuc.Efuwiaawr[+rowc cu,.:. 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GZ 77 MOW �E.rE, Ra� 1 r , i p a ¢ o1� o ¢ U T-q rn J r-1 N J C C O 4-1 L -O 01 C GO CL M OD M Q MARLYN DEVELOPMENT � Ip pSYAIR•IYS _ KIK C1Y.MWiti OZGDCS ,MtiMWEWi YNNq tOMN —L_—y..�� -- it - - -. it ll • ��- - 'ji '� 1 11 _ - - _ lam* ll ll� ���------T -- Aff HIM .,----- ----A . 34TH STREET,AND F PAC*C AVENUE ry?o+ OCTOBER 15,2024 ... iA°LLiEYHTT CCR.Eleww& • PACIFIC AVENUE ELEVATION (EAST) r�';": i Proposed Concept Elevation — South Fapde on 33rd Street r r i" r c fir m < r IF j � j I j l l Ij ij iji i i i i i i Z i ri i i i ► i i i i i i i i i I I r i l I i I I I I j i i ipi i i 7 i �es 5 r D /// z z 33rd Street, LLC Agenda Item 11 page 19 of 23 Existing Site Conditions M x z .r' i 1 ` , / ! 1 ] ;c all It d'c BB �m rD 1 k j G Zz z 33rd Street, LLC Agenda Item 11 page 20 of 23 Disclosure vsOily or- VIRGINIA Disclosure BEACH Statement contained in the ; rsr ore ni:r-ssory to pubiic j)'ihoois wl o may note on the application a;to whcnccr they hove a conflict of interest winks Vngmiu b w.Cutttlrleliutl utid subt►ttssturt tlf this form is required for of/applications that pertain to City real estate matters or to the development and/or use of props ti: City of Viru-:,o Beach requiring action by the City(ouncil, boards, commissions, or other bode SECTIONDISCLOSURE APPLICANT INFOi AY'k T ION Applicant Name: 33rd Street, L.L.C..a Virginia limited liability company IS AppllGaht also the UWriet Ot th!tubject property? Yes@ NoQ ,rperty Owrr n,t;cr r;,)rrpJW'W t l ON 2 PROPi k 4t 015CIOSURE(pone 3) Does Applicant have a Representative?Yes@ NoQ j/ves,nome Aepresentabve. R Edward Bourdon,Jr., Esq . Sykes,Bourdon Ahern&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@NOQ parent-subsidiary'or affil,ated business entity'relationship with the applicant. (Attach list if necessory.) Managers M David Jester.Brian Staub:Members.M David Jester,Scott Trntttman,Chris f;aMnnr,Rrian Ratx, H,sse i_asmeil.Lynn Coupland,Robert Bosley,Rick Hitches Does the subject property have a proposed or pending purchaser? YesQ- iJ it),nurnt proposed or penoing purchaser: w 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? YesQ No -/ tfyes,name the a;7iciai ar employee,and desuibe the nature o)their interest APPLICANT SERVICES DISCLOSURE READ: The Appi:cant must certify whett,-tnt /0t70wing services are being provided in connection to the sub rc t application or any business operating or to be opera red on the propert y The noire of the entity andlor individual providing such services must be identified (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER entity and/or individual) Financing(mortgage,deeds of trust, -Q 0_ Development financing TBD - cross-collateralitation,etc.) _ Real Estate Broker/ ent/ReakO O @ Disclosure Statement I rev. May-2024 page I ct 33rd Street, LLC Agenda Item 11 page 21 of 23 Disclosure SERVICE YES NO SERVICE PROVIDER Nome entity and or individual Accounting/Tax Return Preparation O Nicole Krnt..Wall Ein hom Architect/Designer/Landscape O O Grey Mason,Cox.Kliewer&Company, Inc. Architect/Land Planner Construction Contractor Q• Q Marlyn Development Corporation Engineer/Sur r/ ent Q David Chirico,Timmons Group legal Services O KEdward Bourdon,Jr,Esq,Sykes,Bourdon Ahern Lew APPLICANT CERTIFICATION READ:Icertify that all information contained in this Form is compete,true,and occurote.I understond that, upon receipt of notification that the application has been scheduled for public hearing I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Date 1 Parent-subsidiary relotionship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporotion."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relations hip"means"o relationship,other than parent-subsidiarry relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shored management or control between the business entities.Factors that s hould be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on regular basis;or there is otherwise aclose working relationship between the entities."See ^'ent Conflict of Interests Act,Va.Code§2.2-3101, FOR CITY USE ONLY: __ as of(date): Staff Name(Print) Staff Signature Orate Statement I rev. May-2020 paec 2 of 3 33rd Street, LLC Agenda Item 11 page 22 of 23 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. 33rd Street, LLC Agenda Item 11 page 23 of 23 Virginia Beach Planning Commission January 08, 2025 Public Meeting Item # 10 & 11 331d Street, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Clerk: Our next two items are 10 and 11 for 33rd Street,LLC. Ms. Cuellar: Welcome. Happy New Year. Mr. Bourdon: Happy New Year. Madam Chair, Mr. Vice Chair, Members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, and it is my honor and my pleasure to come before the commission today with members of Marlin Development Team on this application by 33rd Street, LLC, which is essentially Marlin Development. The team members that are here, Brian Staub, its president,Gray Mason,the exceptional project architect with Cox Cleaver,who's done a number of these assisted living, or excuse me, 62 and older communities with assisted living and memory care, which is the continuum of care that a lot of people in as they get older want to be able to age in place, and he's a big member of the team. And,Dave Chester,who is the heart and soul of the team and the coach of the team, and he's going to speak to you all when I get through with a few points. I apologize. I've been taking cold medication since Friday. So if I'm a little out there, I try to keep on point, try to keep focused. First, we need to thank city's professional staff with whom we have been working and processing these applications for two years. Director Kathy Warren and Carrie Bookholt, zoning administrator Kevin Kemp, Tim Copeland,who's the head of the real estate department, and both Becky Cuban,and Lucy Whitlow in the city attorney's office, and also representatives of the public utilities department. We thank all of them for their time and working through a lot of issues with this interesting and very exciting development. For Marlin Development whose offices,corporate offices are a block away on 35th Street where they've been for 17 years. This Beach Tower redevelopment vision and acquisition of properties is a pursuit that's been going on for far longer than just two years. Today you have before you an alternative compliance request for the height of the new beach tower, which will contain 97 independent senior living residences exclusively for adults 62 years of age and above, wherein the average age of the residents will be in their low 70s to mid-seventies, and as a population,we continue to age,that average will probably go up, I believe. Fifteen years ago,the average age would have been in the upper 60s to 70s. The properties involved are at the southwest corner of Pacific Avenue and 34th Street, consisting of three 50 ft by 140 ft parcels containing 21,000 square feet of land,which are covered 100%by impervious surface that has no stormwater retention or treatment today because they were developed many decades ago. And there are five parcels at the northwest corner of 33rd Street and Pacific Avenue, fronting 250 feet on 33rd street with 140 feet of Pacific Avenue frontage and containing 35,000 square feet of land,99%of which is impervious surface today, for which there is no stormwater retention and no treatment. In addition, we have a unique request in addition to the alternative compliance request to close and create two air rights parcels, and Kevin kept it an excellent job in your informal of going through this. I just want to make sure it's all clear on the record at the public hearing. These air rights parcels are above a portion of the existing 20 ft wide alley,33rd and a half street. The easternmost air ride parcel, it's listed as B,begins 26 ft west of the Pacific Avenue right of way, and is located 40 ft above the existing 20 ft wide paved alley. It extends from that point in a westward direction above the alley, a distance of 24 ft. So this air rights parcel is 40 ft above the alley extends 24 ft back to it. So it's actually 50 ft back from the Pacific Avenue right of way, and then it extends vertically, 122.5 ft skyward. The second air rights parcel A is contiguous with the western boundary of parcel B, which begins 50 ft west of Pacific Avenue right of way. The second air rights parcel has a lower horizontal boundary of 16.5 ft,and it extends above that 20 ft alley to the west,72.5 ft to its western terminus,which is 122.5 ft west of the Pacific Avenue right of way and the vertical or skyward boundary of parcel A is 146 ft above the 16.5 ft area that of the alley, and air above it that is not being closed the current paved alley. The air rights closures and acquisitions along with our dedication of a 4 ft additional alley right of way on the south side of the existing alley over which we will retain the air rights above 40 ft high section adjacent to parcel B, and the 16.5 ft elevation above, above that with regard to parcel A on the south side. So that alley will be widened for the entire length of our frontage on it, 250 ft longest frontage south side by 4 ft to 24 ft in width. The alley improvements will also be significant in addition to widening it and widening the pavement. There will be sidewalks essentially created on both sides of the alley, both on the south side for the entire 250 ft width or length, I should say, east west link, and on the north side, the same is true for the 150 foot length that we are on that alley. And then the, also the alley, which has no lighting whatsoever today, will have low level lighting,which does not exist today. The alley's intersection with Pacific Avenue today is narrow and it's somewhat visually impaired. The triangle that Rick could tell you about that is not as good as it should be. We are widening that entrance because we are creating an additional delivery pickup area on the south side of the alley. That's an additional 12 ft wide. If you look at the handout on the 1 st floor rendering of what it will look like, you'll see the curb lines. It's a very wide, and that will make it far easier for one leaving that alley to see traffic coming south bound on Pacific Avenue. The air rights parcel permit, and this is what had us slow down,and go back to PDRC rack who loved the first version, went back to the Navy. They were fine with the first version, fine with the second version. That is what the air rights allows us to move the tower up onto the east end and reduce any encroachment of height on the west side of the property, excuse me, and allows the senior living communities, 97 independent units to be on the eastern most 110 to 120 ft of these assembled properties, and they've run parallel to the 300 ft of total frontage that the parcel and the air rights parcel have or will have on Pacific Avenue. The frontage of Pacific Avenue. It is brought directly across Pacific Avenue from an eight story parking garage and 170 ft high Mayflower apartments. This also allows the northern half of our property. The tower is set back 38 ft from our western boundary. Behind our western boundary is a 100 ft parking lot for the Mayflower apartments. So we the tower itself will be 138 ft plus 10 ft setback, 148 ft from the nearest residents on the western half of the 300 block,which is bifurcated on comp plan provisions dealing with the sea pines area. On the opposite side, on the south side, the new beach tower will be the tower itself, 128 feet to 200 feet west, excuse me, east of our western boundary. There'll be a 10 foot vegetated setback on the western side. At the actual western side,after that 10 foot,you just have a 42.5 foot high structured parking. There are some parapets that make it 44 to 45 feet for the first 50 feet. So we are on that side,44 feet at,let's say 42.5 feet in height. And under the sea pines provisions for redevelopment and the comp plan, this property to the west of us is recommended at up to 45 feet in height. So we are bringing this down, so that it's in line with what's to the west of us and what can be to the west of us. And I can discuss more about the history of the form based code at some point and explain why this 35 ft is out there. Ms. Cuellar: Okay. We'll just pause for now in case any of the commissioners have a question. So thank you very much. Any questions for Mr. Bourdon at this time? Commissioner Plumlee? Mr. Plumlee: This is two applications all together, and I wouldn't mind hearing now about the history of this code based compliance that you are getting to. Mr.Bourdon: I'm going to let Dave talk more about the less technical aspects because he's done a lot of great senior living facilities, and he's going to be much better at that than I am. So the one thing that this 35 foot situation as it pertains to sea pines, because I'm one of the probably few people who's still around who was involved to a fair amount with what happened with BRAC,and then moving forward with form based code,which was BRAC was the creator of the need for form based code. So the situation was that the Navy and the city made it everyone agreed that it was too important to the city's future for Oceana to be able to basically down zone anything at the oceanfront. That's my way of putting it. So the,Steven White,who was in the planning department for years very intelligent, and Bob Scott, and we had this great group, and Jim Spohr. They all looked at it, or they all looked at it, and a bunch of us were, on the side too. And they said, all right, so because the air traffic coming through this part of the beach is more so than everywhere else, they wanted to put as much density south of this and not have, and that's residential density. And that's number of people in rooms, in houses. So they said, look, under OR,the height means more units,more density. So in spite of zoning in that area,A18,A24,A36 that allowed even on the western parts higher structures and 35 ft. They limited to 35 ft. But that's why we have alternative compliance so that they wouldn't be, what they're doing is controlling the number of people that would live there. The Navy wasn't concerned about what the height of the buildings would be, and so that's why we have alternative appliance and that why we have, that's why we have this density study aspect here, and so that's the part that Mr. Kemp was referring to this morning. And we spent a great deal of time going through with the Navy twice only because there were two different projects, not because they weren't fine with the first one, but we were doing, moved it forward to help,you know, step it down as staff asked us to do. So that's the basis is that density study shows that we're doing fewer units, but we're doing larger units. For instance, the Jefferson Manor Motel apartments next to us, they have 10 units, and we can get into a whole lot of conversation, very good conversation about what Mr Jester is going to do for that historically, and that condition is acceptable. That's in your alternative compliance recommendations. But those units are 400 square feet, 400 square feet, and some of them have, most of them have two people living in them. Alright. So the,you have to,it's a balance to look at,how many units versus how many people, and with 62 and older, and only 62 and older,we're not going to have children living there. We're not going to have teenagers living there. That's the, it's the perfect fit for this particular corridor,and what the density study,and that's what we went through this whole process, and a lot of it is somewhat educational. But John Lauterbach has been around for as long as I have, and he understood it and the Navy understood it. So that's, a there's just some, and I appreciate people that says 35. That was 35 in order to keep the residential density down, plain and simple, and I know I've gone over my time, so I want to let Dave talk unless there's more questions. Ms. Cuellar: Any questions at this time for Mr. Bourdon. Okay. Thank you very much. Welcome. Please state your name for the record,please. Mr.Jester: David Jester. I live at 263rd Street. I've been in Virginia Beach for a good 30 years. My office is on 35th Street. I've been there for 17 years. We have a lot of experience in senior housing and you're asking about the vision for this or how this concept came about? We all know it's the great tsunami that everybody talked about for years was coming, but it's not coming anymore. It's here, 10,000 people a day turn 65. The people that are going to live in this community already are here. They just are ready to downsize. They're ready to retire. They've, they have a lot of equity tied up in homes. They'd like to free it up, like to travel,but they've given to Virginia Beach for years. They're they've helped grow Virginia Beach. They've been vibrant community participants. They're still involved, charities, churches, and organizations. So they want to stay here. Their kids are here. But they want a nice place to live, and they want services. I'm going to live there. And frankly, I can't wait for the day when my wife says, hey,the outlet in the bathroom doesn't work, and there's a crack in the window in the living room, and I can say, call maintenance. So if you really think about this, it has long-term benefits, probably, let's say 150 residents in total stay here, dine year round, still participate, still grow the community still participate. But they live in homes right now. So maybe we're going to have 80 homes that get sold, that free up. So now we have the new generation that comes in and now they have housing to move into. They continue to grow. They continue to raise families. They continue to participate. But we're going to create an asset, Virginia Beach. We had this,bought this property eight years ago. We were stuck with a lease for seven years. And I thought a great deal about what would really change Pacific Avenue. What architecture would change it? What service would change it? What lifestyle would change this area? That's a vibrant commercial area that's really, for 50 some years, it's just been stagnant and deteriorating. If you look at it, it's just a sea of asphalt. So now we can have great architecture, great services, and really help the community continue to grow and be vibrant. Ms. Cuellar: Thank you, Mr. Jester. Are there any questions for him from the commission? Thank you. I'm not going to check, see if we have any speakers. Madam Clerk, do we have any speakers today? Ms. Clerk: We do. We have five speakers and because we have two items, speakers that are speaking on 10 and 11 get six minutes to speak. Ms. Cuellar: Okay. Thank you very much. Ms.Clerk: Our first speaker is James Westcott, and they're actually speaking for the 34th Street Condo Association, so they'll have 13 minutes. Ms. Cuellar: Welcome. Mr.Westcott: Hey,how are you? Ms.Cuellar: Good. If you could please state your name for the record and then certainly adjust the mic as needed. Mr.Westcott: James Westcott. I'm not against the project. I think the project is probably a good project. We, the neighborhood we can appreciate it. A little bit about myself. I'm a retired KFC Taco Bell franchisee. No relation to the past case,but I found it funny that we were talking about that. I operate at 20 restaurants over three states, and I'm an investor, and I understand exactly what the project's about, and I appreciate it. The request,the two requests,but the one concerning request is the air rights over the alley and how that is going to encroach on the alley. That's a busy alley. I know that no traffic study's been done,but there,there are a minimum of 150 cars on that alley a day,and multiple cars are used as a through way,which I know it's not great,but it is a fact, and our garages are there. We use that as access to the beach to the boardwalk. There's bikes there. We have new Children in the neighborhood. And I think that's a,I think that's a big concern that we're not only going to give up the air rights,but we're gonna allow a building of 400%percent above what's allowed on that strip to be built there on top of giving up the air rights. The current landowner purchased these multiple lots, including the historical Jefferson Manor apartment building with restrictions that they were aware of. I don't fmd that there's a hardship there. The cost of these lots are minimal compared to the total investment, and I can appreciate the total investment, what's going to be built there. But the 35 foot protected rights around this property is real, and I heard a statement, there's a, there's 120 foot space between this building and the first residential home and they talked about a couple sides of the building. The fact is there's 16 feet or excuse me 61 feet from this building to the first residential property. That's on the north side. There's been a question that is an encroachment of the compliant the 97 units There's no question that it requires 132 parks for senior residential. I understand that. They're going to have 158 or something along those lines,which is in compliance, but on the other side of that,they're going to have a minimum of 50 employees in a day shift to run this operation. Right now, there's no permitted parking on 34th Street. We don't have enough parking in the, and that street is a gateway to the oceanfront. As everybody knows,we have tourist parking there. We have workers parking there. And there's just not enough parking and this project is going to contribute to that. There's no question about it. The tower today has average of eight to ten cars that are using that parking lot, which is a, which is not what would be standard for there. The concern that we have is the height and how it's going to, it's going to block the airway,it's going to restrict not just the airflow in that area it'll affect the yards, the grasses and those things. In a residential protected area such as this,there's a minimum of 100 feet. The parking garage, and you have to look at the map, but the parking garage that's closest to the residential property on the west side, there's living space above that which is about 15 feet from the current resident. The form based code or the RT code, neither one of them support this project. There's setbacks that are required in the protected zone. There's traffic concerns with the deliveries. And I'm familiar with deliveries for many years,but the trucks have to come in through the alley at 33rd and a half street to get into the position to unload,which takes roughly an hour. And these large trucks with groceries,that's the size of their business is probably going to be three deliveries. I'm guessing a week just the food distributor not including linen service or trash pickup and all these things this alley is 17 feet wide and from Arctic Avenue halfway down the alley. It's only 17 feet wide today. If they expand it to 24 feet the average transfer truck is 8 to 10 feet. They're gonna still have 5 feet of truck in the middle of the alley to unload. And to unload that truck, you have to access the front and both sides because of the purge,refrigeration that's on the truck and that stuff. Are they going to carry it into the building on the right side? Are they going to cross the alley and carry it in on the left side? I don't know. But that's a, but that's a question. Commercial buildings can't go through an alley to service a business. This is a business. Once they if they sell anything on site other than what's included in the amenities. Then their retail and I know it sounds like that stuff is nitpicking, but it's not. It says in the request that it is permissible, that this is permissible based on 7.21) of the code. 7.21) of the code says, maximum building height to provide an organized form throughout the Oceanfront Resort District. Provide gradual transition building height for the height boring protected districts. Minimize over building in streets. Ensure that the maximum overall density in the district does not exceed what was estimated. Permitted under the preformed base code. They're not complying to that. Compliant form development under 7.2 to maximum height 35 ft. With the variance of 20%, which is 42 ft. If you go, if you go on the optional form shall be in a reasonable proportion to the degree of difference between the prescribed requirement and the actual form provided. Height in no event shall a height exceed that allowed by 2.2B. If you look at 2.2B, all that's talking about is federal aviation regulations. There's nothing in that gives a right to develop over that 42 feet. If you go up to above that, the paragraph above that, it says, except it's otherwise provided the Oceanfront Resort District form based code whenever height limits for building and other structures are established, no portion of any building or other structures shall extend above such height limit. I understand this code. It's hard to understand it. It takes days to read and understand this code. In over 300 places,this code mentions height. Height is one of the key elements to that whole area down there. If you read the code,it's talking about height and how the building looks and setbacks. Those are the three things that are most important. What it looks like, height, setback. This project is going above the height by 400 percent next to residential homes, doesn't have the required setback, and,but I'm sure it doesn't look good. That intersection right there where they're going to build it is one of the most dangerous intersections on Olam Pacific Avenue. I think we can work to, I think, I really do believe that if we sit down, we can work through this. I'm talking about the builder, myself, the board, whatever it takes. I think we can sit down and come up with a plan that makes sense,not just for the builder, but the residents. And I mean something that's reasonable. I'm not, I understand the investment. I understand that the higher we go, the more profitable it is. But you have, everybody on the block is 60 or older. We've invested in this neighborhood. These homes are selling down there right now. The last one sold was 1.3 million, and we're going to cut them off. We're cutting them off, cutting off this access. How do you, how are they going to get down to the oceanfront? A transfer truck has to come in from Arctic. You can't turn, a brand new apartment building was just built there by, by Ross Willis. You can't make that turn from Arctic onto that. On to that alley, it's only 17 feet wide. His curbs are brand new. They're there. The apartment building is on the opposite side. But let's say that you are going to try to turn there. You have to impede traffic. You have to get on the far side of Arctic Avenue to make that turn. So let's say you do get there, and you're going down, and there's families, there's bikes, there's garages. Now we're going to get to the parking garage where there's a ramp coming down into the alley. So now we've added a ramp. A parking ramp in an alley. Then we have four, four cuts for traffic, four crossways where traffic's going to be going back and forth from 33rd to 34th. At the end of this alley,we have this transfer truck that is pulled over. This is just one of many deliveries, a transfer truck. Now he has to get out on Pacific to leave. The only way he can get out on Pacific to leave is to pull that truck to the far left. of that alley to start making that turn and then even at that he's going to impede traffic he's going to stop traffic on Pacific Avenue to make that turn it's dangerous it is extremely dangerous I've ran this by Virginia DOT they could not believe that this was it this site plan was even in front of the board Guys, I ask you to please read this code,read this form based code,and let's do what's right, I'd hate to see it, I really don't, I really don't want to get into an argument with the developers, I understand it, there's probably a need for it, it's a great location, we would love to see it built or something built there,just not this high. Now, I appreciate your time. Ms. Cuellar: Thank you, Mr. Westcott. Are there any questions? Commissioner Plumlee? Mr.Plumlee: Mr. Wescott,thank you very much for coming down and expressing your view on this project. This is in the district that I live in and that I represent, and it's of high interest to me. All districts in the city are,but I drive by this every day,twice a day, and I'm very familiar with it. You understand there's about a seven story parking deck across the street or parking? Mr.Westcott: Absolutely. I want to point out that parking deck is further away from the homes, so in proportion if you bring, if you bring it a 100 feet closer to the house now you've gone up 100 feet. Mr.Plumlee: Yeah, and I guess what I'm getting at, if we're worried about where the employees are going to park, There is available accessible parking in the immediate vicinity of the project. That's one of the issues that you had brought up. You also understand, and I think you would agree, We have much larger buildings at the ocean front than the six story building. That's the current bank in that immediate area,roughly. Do you agree with that? Mr.Westcott: Yes,but there's no building this tall on that side of Pacific. There's not one on the whole strip. There's nothing 158 feet high. But beside, excuse me,beside incident— Mr. Plumlee: I hear where you're defining that. I hear that. But what my question is, you understand that we have much larger structures all along the ocean front,currently. Mr.Westcott: Not on that side of the road. Mr. Plumlee: Understood. Not on that side of the road, but at the ocean front. That's all I'm saying. With regards to being a dangerous turn, are you familiar with any accidents, fatalities, anything that you could reference at that location? Mr.Westcott: Are you talking about at that Pacific location? Mr. Plumlee: Yes. Mr. Westcott: Well, we don't have. We don't have delivery trucks at that location today. We don't, it just, there's no reason for it. Mr. Plumlee: I thought I heard you indicate that was a very dangerous location, so I thought perhaps. That's a very dangerous location. In that corner of 34th and Pacific, there's accidents all the time and yes,there's fatalities. Mr.Plumlee: So you're aware of their actual fatality right at that location? I'm not aware of it. Mr.Westcott: I'm not saying at that location. Mr.Plumlee: Okay, at another location. Mr.Westcott: Where the alley meets Pacific. I'm talking about where 34th Street within 50 feet of this location. Yes,there's accidents all the time. Mr. Plumlee: Where do you live in location to this? Can you see the site? You're immediately above it,by the drawing. Is that fair? Mr.Westcott: Yes, 316. Mr. Plumlee: 316. Next building. Mr. Plumlee: Thank you very much. I appreciate that. Ms.Cuellar: Commissioner Byler. Ms. Byler: Thank you for sharing your concerns so articulately. Have you presented your concerns to Mr. Jester and his colleagues? Mr. Westcott: No, I've never met them. I've spoken with some council members and they suggested maybe that we can sit down and work through it, and I would love to. Ms. Byler: Our board, our commission, is merely advisory. We don't make the determination. We advise city council and they make their own determination, but I think they do consider the way we recommend approval or not approval, so I take this seriously, and one of the things we ask all applicants to do is to reach out to the adjacent property owners and to the immediate neighbors, and I assume Mr. Jester did that. I know some of it is required, and it goes in mailing, and of course signs. So I just want to know if you've taken advantage of an opportunity to try to work these issues through with the developer. Mr. Westcott: Nobody's contacted any resident on that street to work through this. I haven't heard from anybody. Ms. Byler: I wonder if someone from the city can address the opportunities that may have been presented to our neighbors. Ms. Alcock: What I can say is a request was made of planning staff, me personally, and other staff to sit down with some of the community and we do have a meeting set for next Friday. Mr.Westcott: I initiated that meeting if you would. Ms.Byler: Okay,thank you. Ms. Cuellar: Commissioner Cromwell. Mr. Cromwell: When you said you wanted to get together with Mr. Jester and talk about the development, which you said you believe is a good development in theory. Mr.Westcott: Yes. I think that the partials that he's brought, I think it needs to be developed. Mr. Cromwell: In other words,do you want to see it downsized? Do you want less units? Mr.Westcott: Downsized from what? Mr. Cromwell: From the hundreds? What is it, 160? Mr. Westcott: Oh, yes, absolutely. Mr. Cromwell: You want it downsized? Mr. Westcott: From the height downsized. The building, the number of apartments could be distributed over the site,I think,to make everybody happy. Not have a tower,not have a 158 foot tower, and a 35 foot, code area. I think, I think we can work it out. Mr. Cromwell: So different architecture essentially. Mr. Westcott: Yes, sir. Mr. Cromwell: And as far as when you talk to VDOT, the access points are the same, are they not? There's 34th Street, and then there's the alley that exists today, and that's through traffic, correct? In other words. What did VDOT say specifically when you said you ran it by VDOT that they were shocked that this was on paper? Mr.Westcott: They suggested that, and I don't want to, I don't want to get into who I spoke with there,but they're from Virginia Beach,and they suggested that I get a traffic plan or a traffic study from the city,which there was no traffic study done. I think we should start with a traffic study. Mr.Cromwell: Thank you. Ms. Cuellar: Any additional questions? Thank you very much Mr. Westcott. Ms.Alcock: Our next speaker is Bill Kosh. Ms. Cuellar: Welcome Mr. Kosh. You can state your name for the record please. Mr. Kosh: My name is Bill Kosh. I am a resident in that area, if you scroll up a little, but I'm about 100 to 150 yards what would be north, I don't know, west of the development here. So I drive on that alley every day when I go out, several times a day, actually. I'm very familiar with the area. Since I've got the whole time here, I'm going to try to go through three aspects of this. The first aspect I want to talk about is flooding. And you have in your supplements pictures of the severe flooding problems in this area. And I heard in the staff comments, the staff reports, they were going to replace the sewer pipe in there. And I just want to point out that's completely irrelevant. Sewer means toilet water that goes to HRSD. Stormwater is what contains rainwater, and that's what goes to the Chesapeake Bay, as Mr. Mock, I'm sure, can tell you. I didn't see anything in there about doing anything with the stormwater pipes. Even if they do replace the stormwater pipes on that small section,the 250 foot section where this plot is, I don't believe that's going to solve the problem. And before I go into that in any more detail, let me just say I don't like to say this, but I have a bachelor's and master's degree in chemical engineering from MIT, I think I'm qualified to talk about the flooding aspects of this, so I hope you'll give me the benefit of the doubt on that. We went through this four or five years ago when they did development on the other side of this alley with Willis Project, and I talked to Seth Edwards and Andy Mycroft from their group, and they put in BMPs as Mr. Mock talked about. I do not think BMPs will be appropriate for this. I don't think they'll solve the problem. I don't think they put a BMP in when they've got a 12 foot tower because it's going to crush it. I don't think they put a BMP in when they've got a three or four foot,three or four story parking garage. I think that's going to crush it. It's not an easy solution to fix this. And they talked, even if Mr. Bourdon comes back up here and says he really meant storm water, not sewer water, replacing the storm water pipes on this lot is not going to fix it. If you look in your supplements,you have a drawing there that shows the piping for the storm water as it leaves the area. That's the one that looks like this. Basically, the storm water pipe comes out and goes from this lot out to Pacific Avenue outweighing Pacific Avenue, and then down Laskin Road and dumps into the Chesapeake Bay because it's storm water. If they replace the stuff on their line,that's great,but it may not solve the problem. I can't tell,I don't have X ray vision. I can't tell where the backup is. Well, I can tell you is, at least once or twice a year, this whole area floods a couple inches, and I can go through more of that later if you want to ask me about it,but when it floods,right now, it already floods about six rental units on the south side of the alley. If that, if they raise the elevation on this development, it's going to push more water back up the alley, and it's going to flood 10 or 14 units on the west side, if they raise it enough to flood. If you're four more inches, it's going to start flooding the houses and garages on the north side of the alley. And those houses and garages what James was talking about that one recently sold, one just a little bit away from that sold for 1.3 million, one in that area sold for 875,000. These are expensive homes, and I just want to say, I don't want this to sound like a threat, but if you let them do that, and let them increase the flooding, there's probably going to be a lawsuit because it has to be if you let them flood back. I'm not against this,but what I want to see you do is put a condition in there that says when they develop it, they cannot do anything that increases the flooding in the adjacent area. I would like to see that added as a condition. They can't do anything that increases the flooding in the adjacent area. I want to also try to talk about Parking and traffic. Parking, the city code requires them to do something like 140-150 parking spots. That's not enough. The city code does not have anything to cover employees. I talked to people at Westminster Canterbury, and asked them their numbers, and I got some numbers from them. They have 450 some apartments. They have 600 residents in those apartments. And to service those 600 residents in front of the departments, they have 690 employees to service that. And I said, okay, that's way more than I even thought. I said 350 to 400 are during the day. So if you take 350 to 400,ratio it down to this size,they're going to have at least 75 to 100 employees there, and they do not have enough parking to handle that. The numbers they've got for parking are 157. That handles what's in there. It has nothing to do with the 75 or 100 employees that they're going to have. The parking is very limited here. The parking is a nightmare. You need to address this, and I'm not opposed to it, or make them change it. Make them add more parking spots. Make them do something that handles the water flooding. I worked with Seth Edwards with the DSC on this last project. I know they can do it. They should look at it, but it's not going to be an easy thing to fix. Lastly, the traffic. My house is right above that. I drive on this alley all the time whenever I leave. I back into my garage, so I can see when I pull out because there's always cars on that alley. Half the time I have to wait for a car to go by. I know they didn't do a study because they thought somehow it was under 150. It's like a thousand cars a day. And that's before you have all these employees coming down the lot. There are, the parking lot that they've got shows, only the first floor of the parking garage exits on 33rd and 34th Street. The whole second floor of the parking lot, which is 85 spots, only accesses the alley. They're saying that 85 of their parking spots,55%of their parking,only goes in and out on the alley. That's just going to destroy the alley and it's going to be a parking nightmare,it's going to be a traffic nightmare. I strongly urge you to push back and say, get a parking study done now, get a traffic study done now, and definitely get the DSC involved to look at the water for now. I'll entertain questions if you have any. Ms. Cuellar: Thank you very much. Are there any questions? Commissioner Plumlee? Mr. Plumlee: Thank you, Mr. Kosh, very much. I understand this is a passionate issue for you and I respect you coming up here and telling us. With regards to parking I go by this site all the time, I live over there, I'm not far away, there's always available parking except for the height of the summer. Is that your, is that what you're talking about? In other words, are we talking about summer months? Tourists are down in that area. Now what with regards to parking? I want to give you a chance to address it that way. You drive over there right now,you'll see empty parking spaces. I mean, they're everywhere. Obviously, the dead of winter is different than the height of summer. So is that your concern in the height of the season? Is that what you're talking about? I want to make sure I understand you on that point. Mr.Kosh: No,not really,because in the height of the season,there's no parking,there's absolutely none, and you know that, and I know that. In the off peak season, there are still hotel employees who come and park there, and so they take some of the spots, the ones who are wise enough to know that they can legally park there, because it's not permitted parking as yet. If you don't ask them to change, again,I'm not against it,but just make them increase the parking garage from 150 to 250. If you don't ask them to do that, you're going to have another 75 to 100 employees going to look in for parking spots,and there may be a few empty here or there. There's enough to handle maybe 5 or 10, not 50 to 100. And there was just a project done, this one that was 5 or 6 years ago,just got finished building a 9 unit apartment complex at the other end of this alley. And that's going to take up even more of the parking. So it's an issue. Believe me, it's an issue. Mr. Plumlee: Now we know the bank building is not used at this point, terrifically. It's low occupancy. Do you agree? Mr. Kosh: As I understand it from what I've heard, they've increased the rates enough and discouraged people from renewing. So it's not used very much. There's only about 10 or 20 cars there. There's only about 10 or 20 at Jefferson. So there's about 10 or 20 at that end. But the alley has lots of traffic. And when they go and put another 50 employees there plus the people who live there are going to want to come in and out. People who are 62 or 75, I have neighbors that old, they still travel a lot,they still put their cars in. Mr. Plumlee: But I think I heard you agree with me that it's in the lower use with regards to that bank building. It's not highly occupied at the moment. Mr.Kosh: As it is right now,yes. Mr. Plumlee: Do you know how much parking would be generated if that was a fully occupied commercial building, six stories, and what the related employee traffic would be generated from r that site? If it was fully occupied,people were coming and going,would it be any different,more impactful than the hundred and some units that we're talking about today or less impactful? Do you know? Mr.Kosh: It would be a lot less impactful. Mr. Plumlee: Based upon what study? Mr.Kosh: Based upon,they have some parking pads there in back behind the bank building right now, and also where the Jefferson Manor is. The Jefferson Manor does not own that lot in front. That's why they originally going to build there, and there's about 20 or 40 parking spots there in front of Jefferson Manor. So they have enough parking right now to handle their load, even probably when it's fully filled up. But when they put this in and they need, let me say one other thing in regards to that. Mr.Bourdon is going to tell you they met with the code for a senior living facility because there is some stuff in the code that cranks out how much you need and that comes out to 140 to 150,that's what we've got, 157. The code does not say anything about employees, it only talks about residents and I'm sorry but the code is, I won't say incorrect, it's just incomplete because it doesn't handle that and that burned the city when the Cavalier was put in. When the Cavalier was put in, it's been all over the news, all over the TV,that the Cavalier has huge parking problems because the Cavalier, probably none of you were here then, but they did not require parking for the employees at the Cavalier. That's why they don't have enough parking. The city made a mistake,there was an omission,that they didn't take into account employee parking at the Cavalier. All I'm saying is learn from that mistake and don't repeat it. When SpaceX launched their rockets, they blew up on the pad, they blew up trying to land, but they learned from their mistakes, and they changed, and they improved, and they finally got the rockets to land safely. Learn from your mistake and change the code now or ask them to at least honor the fact that they need to have 50 or 100 spots for the employees, and make them put that much in. Mr.Plumlee: I actually have another question. With regards to the flooding,how long have you lived at that location? Mr. Kosh: About 10 years. Mr.Plumlee: Have you in all years sought a study from the city with regards to the flooding that you're concerned with these expensive homes and properties to give you the data that you would otherwise need to establish what should be done to correct that situation? Mr.Kosh: Oh, I'm so glad you asked that. Mr. Plumlee: Good, because I don't work for SpaceX, so I'm just asking you directly what's happening in your backyard. Mr. Kosh: When they did this Willis property at the other end of the alley, and when I say the alley, this is Arctic to Pacific, and the alley just in that small narrow little range, which is like seven or eight hundred feet. Six or seven years ago, Willis wanted to put in a property up at the other corner, the higher elevation corner and we worked with the DSC, I worked with Seth Edwards. They did a study and looked at stuff then, and they decided they had to do what Mr. Mock said, they put in these little, I apologize I didn't get this in time to be in your supplements book, I can give you some copies, this is what a BMP looks like when they put it in to handle the water, this is what they put in at the other end of the alley. They're probably going to need to do something very similar to this,I think, for this end,but I'm very concerned that this is not going to work and not even going to be feasible. Because this was put in because it's just a parking pad, there's not much weight on it. You can't put something like this underneath a 12 story building, it's going to crush it. This is a void space to collect water. You can't even probably put this underneath a parking garage,this three or four stories have concrete because it's going to crush it. So there's not, I'm sure the DSC maybe come up with something, but all I'm saying is don't wait. Push it to DSC now. Ask them to do a study now before this gets too far along the line because a two level parking garage with all that concrete will make this not feasible, and the pipes that carry this away, you have the drawing in front of you on the stormwater lines. I can't tell, I don't have x-ray vision to see what's causing this backup. They may need to replace all these lines. The lines go about 15 or 18 inches from this development out to Pacific Avenue, then 30 inches on Pacific Avenue,down to Laskin Road,then 40 to 50 inches down to where the Laskin Rotary is,and right after the Laskin Rotary is where it dumps into the Chesapeake Bay or that little stream that feeds the Chesapeake Bay. Some place in there the pipe is not big enough. Even if they replace the stuff in the lot,no guarantee that's going to solve the problem. Mr. Plumlee: And so you worked with Mr. Edwards with the city on that issue? Mr. Kosh: Yes, I did. Mr. Plumlee: You dealt with him directly? Mr.Kosh: Yes,well, I dealt with Andy Mycroft was the gentleman who came out to visit us,and I walked him with,around with him and actually there were two people from Marlin Development, I think it was Mr. Jester and Mr. Staub, were here, and they're very well aware of the flooding problem because we showed them the flooding problem down there, and that's why I'm sure, they're going to want to raise the elevation of this development they're doing. When they raise that elevation,the water is going to flow back into the rest of the alley,water is going to flood the rest of the homes up in that alley. And as I said, some of those homes are very expensive. You flood those homes and the insurance companies are probably going to insist that you sue the city. So I'm just trying to protect the city and protect my home because my home is one of them up there. Please take the flooding problem seriously. It's not going to be easy to fix. It is a serious problem. It's just like you have over the rest of the city. This is all impervious. There's so much, there's so much concrete and asphalt, and so little soil for the stuff to soak into. That's what causes the problem. And also the drawing I saw before when Mr. Bourdon said there's only 1% impervious, I'm sorry, but I don't think that's right. If you call that drawing up and look at that drawing, the whole plat between behind the Jefferson Manor is ground up stone and crushed up. It's not asphalt. It's not concrete. I think there's probably at least 5% or 10% impervious there or permeable there. Not that matters a lot, but I'm just saying they're going to go from 90% or 95% to 100%impermeable. So that's going to increase the water flow as well. Mr.Plumlee: Thank you very much. I appreciate that. Ms.Cuellar: Commissioner Byler. Thank you,Mr.Kosh,and I hope I said that properly. Thanks for coming, and I've listened to everything you've said,of course,and I will say that it carries a lot of weight because you clearly are an expert in some of the areas, maybe not in all,but in some of the areas,in addition to being a neighbor. So I want to know,have you shared your concerns with city staff in advance of this meeting? And secondly, do you intend to attend the community outreach meeting next week? Mr.Kosh: If I'm, I was not aware of that until just last night,but if I'm invited to that, I certainly will. As far as sharing with the staff, we didn't really get organized about this until,just the last week or two ago because again this was originally scheduled in December and it got pushed to January,and I didn't even know that was an option to go. I would love to go talk to them. I wish I could have talked to them before all this. I have talked to them in the last couple days. That's how you got the supplements in your book because I talked to the planning people about that,but I wasn't aware that was an option to do. I wish I had been aware of that. Ms.Byler: Okay,thank you, sir. Thank you very much. Mr. Kosh: Thank you. And again, I'm not saying vote against it. I'm just saying delay it, defer it, ask for a traffic study to be done, ask for a water study to be done, ask for a parking study to be done before this development goes too far down the road. Ms. Cuellar: Thank you very much. Ms. Clerk: Our next speaker is Susan Reed. Ms. Cuellar: Welcome. Ms. Reed: Yes, my name is Susan Reed, and I live in Unit 102, 31234t' Street. So that's right next to the Mayflower vacant lot. That's my unit there, and I think as everybody said, I can only access my garage and the driveway through that alley, and it's really designed for those people who live on that alley not to handle something like a commercial truck, and I know this isn't a commercial building per se,but it certainly looks like we're trying to use that alley in a way that it was not designed for. And as other people have said, a lot of times you can't even get two cars past there, much less an 18 foot truck. And then, I'm just addressing the parking for a minute. I think one of the previous speakers mentioned that because this is senior housing, it's not required to meet the, where you have to have under 50 units, two parking spaces, and then 1.7 for all of those that are over 50, but if you look at it, 157 parking spaces for a building with 132 units, a minimum of 25 employees, I know we've heard things from 25 to 100, plus people are going to want to visit. Are you going to tell those people when you have two people in a unit that they can only have one car? I just don't see how the math is going to work. I think there's going to be a lot more than one person in each one of these units. So you're clearly going to go over that limit of what you have right now. And as again,as somebody said,I live on 34th Street,in the summertime, forget it, you got to keep on circling to try to if you've got. You only have room for how many r' cars in your backyard,in the garage,so you,so it's going to be tough, and they don't,those people, they don't want to pay to park. The employees are not going to want to pay to park in a lot. They're going to all try to get in on 33rd, 34th Street, and 35th, where, you don't have necessarily meters, and they can try to park there on the street. Then as regarding the height restrictions,I think you've all looked at that height map that's out there, and there has always been a huge difference between the height that's allowed on the west side of Pacific Avenue and what's allowed on the East Side. In fact, like somebody said, go down Pacific Avenue, even your gateway, even that Laskin gateway, the highest you got there, I think, I forget exactly,but it's certainly nothing near, I think that's 75 ft on the Laskin gateway. So this is going to just tower above everything up. So I really think it's irrelevant what's across the street. I mean you guys wouldn't have done this whole height math. You would have made it all the same color if you didn't matter to you what was on the west side of Pacific versus what was on the east side of Pacific. And then I think I heard somebody mention, the new comprehensive plan, the new comprehensive plan is going to allow this kind of thing, but to me, what matters right now is what's there right now in the existing comprehensive plan and the existing form based code,which has a primary goal,if I read it correctly of protecting established neighborhoods, and I'm sure one other thing, I'm sure the property cost on the west side is a whole lot less than what was on the east side, and I just wonder,has the developer offered any proffers at all given that circumstances? And I'd also like to know about that Mayflower property because it would be wonderful if that could go along with this whole thing, and it might be a way to scale this thing down, so it's not quite so high and as regarding the scaling, yes, I understand that the one that's on 33rd Street might scale down to 32,I don't know,34 or whatever, but it sure is not going to do it right on my side, it's going to be the whole 163 feet. So I guess, like everybody said, I would encourage the developer to come talk with the neighbors. Let's see if we can come to something, because again, I think it looks like a beautiful building. I love the idea. It'd be great to have, if you see what's already been done on 34th Street, the 10 years that I've lived there, it's really making a huge improvement, and I think a senior living would be great. It just needs to be scaled to the area. Ms. Cuellar: Thank you. Thank you, Ms. Reed. Are there any questions for Ms. Reed? Thank you very much. Ms. Clerk: Our next speaker is Caitlin Connor. Ms. Cuellar: Hello. Ms. Connor: Hi,it's Carolyn. I'm coming at this from a slightly different viewpoint. Ms.Cuellar: And just pause for a minute, if you could please state your name for the record. Ms.Connor: Carolyn Connor. I'm coming at this from just a slightly different viewpoint. I read online that the Marlin Development Corporation made a statement that said that they believe that everyone deserves to love where they live, and I did love where I lived at 312 34th Street right next to Susan for 19 years, and for about past four years, I've gone from one grandchild to eight. Suddenly,I couldn't stay there because my sons couldn't come to visit at the same time. So I said to my husband, can we move this house out a little bit? No, because there's zoning and it says green space, you got to stay in your green space, and we had reach, we couldn't build any further out. I was like, okay, let's go up, and he's like, yeah, no, it's 35 feet, you can't go up, and think about your neighbors. What are they going to think about you building this house up so that they can't see anything over you? And he was right, and so I got really lucky, and Mr. Bichard built some homes right up 34th and Arctic,and I really should be considered 34th, and I wish I was,the miracle on 34th Street, but I'm really just Arctic Avenue, but anyhow, I paid a lot of money for that home to do when I'm,to get there,not exactly what I had planned,but now the guy that bought my house is getting ready. His parking lot, where he would back out of in the garage, is 50 feet from this, and he's devastated, and I feel devastated for him because I didn't know this was happening, and also my view is going to be impacted by this, my new view, because that little alley 33 and a half street, comes right out in front of my garage,my new garage, right down that street. So I'm listening to everything that was said today at your committee, and I've heard that, everybody said, yes, it's gorgeous. This is needed. We need, retirement homes. I don't even disagree with that. I don't disagree with anything. I did get to speak with Mr. Jeffers and Mr. Bourdon today. And told them, my problem is the height. I was told, I followed the rules, I have to stay at 35 feet. Why is it he, why are they allowed to fiddle around with zoning, and they can go up to 148 feet? It doesn't seem right. I'm all about love. Love for everybody. Love for Virginia Beach. Love for all of you. I just feel isn't there something that we can do that decreases their footprint? And I know Mr. Jeffers didn't like me saying that because like he wants it to be there, but like Susan said,can you spread it around a little bit,in that area so that it's not 148 feet looming down on you, like your little house, being loomed down up takes away all your sun, possibly, I don't know. But,just something I just wanted to say. Thank you for listening. Ms.Cuellar: Thank you for being here today. We appreciate it. Are there any questions for Ms. Connor? Thank you very much. Ms. Connor: Thank you. And one other thing, I think home built, the homes in this area are going to go down for a while, at least like their worth,because this is going to take,what, three or four years to build. They're saying in the end it's going to help them, but right now it's not going to help them. The person who bought my house,he's not going to be able to sell it right now. Ms. Cuellar: Thank you. Ms. Clerk: Our last final speaker is Robert Fatovic. Ms. Cuellar: Hello. Mr. Fatovic: Good afternoon. I'm Robert Fatovic. Full disclosure, I'm a member of the PDRC, and view the presentation that they gave to our committee. I'm also an architect and a neighbor. I live on the next block west on 33rd and a half street,I object to the fact that it's an alley. They call it an alley,but it's we're the only single family home on the street, so I like to refer to it as a street. And I agree, I support the project, and I agree with many of my neighbors on a number of issues, and I'd like to comment on those. Traffic and servicing. The issues of as was said,of getting daily deliveries for the dining services, the linen services down an alley, down a 20 foot alley without sidewalks is problematic. For the staff, as the staff comes and goes, they're going to also want to go straight,get home as fast as they can,and they're going to go down 33rd and a half street straight to Holly right across my house, where we have kids and pets on what is an alley. So, there is no traffic on that alley currently. One of the suggestions from one of the neighbors was to make 33rd and half street, at mid-block, a dead end street, like in Old Beach that would limit the traffic on Arctic trying to make that maneuver. Their service and deliveries certainly could go through their parking lots as designed on 33rd Street, which is much more amenable to that kind of traffic. Second point,pedestrian safety. I cross Pacific Avenue. I walk across Pacific Avenue every day to get to the boardwalk and I feel like I take my life in my hands every time I cross Pacific Avenue because of the speed limit,and no one is slowing down,and I force the cars to stop for me and my dog. So I think it would be important to have active crosswalk systems and traffic calming on Pacific Avenue, not only at that location, but all across Pacific. I agree on the height issues that many have stated. I think a simple Sun Study, Sun and Shading Study would be helpful for the neighbors to understand the impact of what the construction would have on their properties. And finally, I think we need to have some creativity amongst the city and the developer as far as the Mayflower parking lot is concerned. For the last three years, there has been no parking in that parking lot whatsoever for whatever reason. I think if some creativity would happen, that could become the front entrance. It could be a courtyard and a gateway to the development,which would improve not only 34th Street, but the development itself. I don't want to repeat what other folks have said, so answer any questions you have. Ms. Cuellar: Thank you very much. Are there any questions from commissioners? Thank you for coming out today. Mr. Bodon,that was our last speaker, so we welcome you back. Mr.Bourdon: Mr.Jester and I would like to both have an opportunity to talk,we won't talk about the same things,we'll make an effort. I will begin by pointing out that people who live in assisted living units and memory care,which are institutional,they don't drive. So there are only going to be 97 senior apartments, 62 and older, will be living in the New Beach Tower. Not these other numbers that were put out there. The number of employees overall 50, and it's three shifts. The maximum at one shift,which is 7 a.m. to 3 or 3:30 in that area,because some come in at 6, 6:30, or 7,would be 25 employees. This location is perfect from the standpoint of the city and everything else for multimodal transportation, and that's one of the things that this project has all throughout it, and not every employee is going to drive a car to work, and only one parking space per unit is provided, and folks who move into these types of facilities, occasionally they'll have two cars to start with, but very soon thereafter they don't. So that, and as has been stated, there's a public parking garage directly across the street, there's a public parking garage two blocks to the south, but the parking issue, and let's leave it for that. The traffic generation for this is as low as you're going to get under form based code at the oceanfront. Any other use because form based code allow any number of uses that are there, allowed by right,mixed use,restaurants,bars. You name it, it can go in here along with residential,but it wouldn't be this type of residential, it wouldn't be this much residential. This is not a commercial development, it's solely residential. And there's 24 x 7 security and people on site all day,and that's great for a neighborhood. Extremely extremely good for a neighborhood. As for the alley, we are improving it. We are widening it at the intersection with Pacific Avenue. The last gentleman who spoke, we control where and how all of our deliveries and pickups take place. The reality is one delivery per week of food by a 28 foot delivery truck, not a tractor trailer. There will be no tractor trailers. They will come in from Pacific. Three other potentially food deliveries in a week on box trucks that can go, come in off of 33rd Street or 34th Street and come down to Pacific in that very large area of paved width where deliveries and pickups take place,and we have no intention of having any delivery or pickups use. The alley coming off of Arctic, and other than a truck that was too large which other than the 28 foot, which is not a tractor trailer, 18 wheeler, they can come down Pacific, they can come down either 33rd or 34th, a lot easier, a lot safer. I don't know too many drivers of trucks who could come down 33rd or 34th, go into the parking, and be like, oh, yeah, that's a big deal. On the first floor, come right on in, never even had to go in that alley. The idea that this is going to be some traffic generator on that alley is just not accurate. And the gentleman's idea of cutting off the alley wouldn't concern us one way or the other. We're not depending upon the alley. Ms. Cuellar: Mr. Bourdon, your time is up. I just want to double check,just because we have two applications, I want to be fair to ensure that he's given the appropriate amount of time. I split it up for three minutes for him, and then three minutes for the other gentleman. Mr.Bourdon: I think I heard everyone up there with the exception of the last two spoke for a lot more than three minutes and,this is a very complicated application, and there's a lot of things that have been thrown at it, and I'd like to have the opportunity to respond, or if you all want to ask questions, we can do it that way. But there, there were, you've talked about stormwater, that's a big, so. Ms. Cuellar: I respect that. And then at the beginning, the clerk did say for the speakers, they were speaking on both applications, so they received six minutes. And so if we can continue to engage with Mr. Bourdon to ask some of these follow on questions,I'd be grateful. Commissioner Plumlee,would you like to start? Mr. Plumlee: Yeah I think this is,just the type of application we want to take our time with. We're not in a hurry. These are important issues and these are important subjects. I live in this area. Flooding is my jam. Okay. It's what we deal with. So I'd like to hear if you have an issue with regards to flooding, that you want to address, or if you've not completed you're the subject, your response on the parking that should be given time to address those subjects and of course the height issue. I'd like to know if you have more to add. Mr.Bourdon: On the issue of height, I think we've said unless Dave has something that he wants to add at the height, there was one thing that was stated was not accurate. Is that remember that the height the tower is 110 to 120 feet west of the right of way line of Pacific Avenue. That tower, as it pertains to the Mayflower lot on the north side,is 38 to 40 feet from east of the boundary line of our property,and there's another 100 feet plus a 10 foot setback before we get to 312 34th Street, so we're not within 60 feet of any anything with any unit whatsoever. It's 138 to 140 feet. Similarly, on the south side, the tower varies. Its closest point is 130 feet from the rear property line and that's with a 10 foot buffer on the outside, and the setback to those apartments on top of that. There are no units within 50 feet of the shared property line with, it's just the parking structure,with the property at 311, I think it is, 33rd Street. And on the only,then there's the step up, which is 50 plus feet back, and that's memory care. That's a memory care, and then assisted living,and the tower itself is again 130 plus feet from our Western property line. There's no,none of the independent living units are within less than 130, and I think it's actually maybe more 140, but that's close enough, it's nothing near 60. And I've passed out the Sea Pines' comprehensive plan provision, it talks about height, and you'll see, take a look at it. This area along Pacific, up until BRAC, and this was I think after,but up with BRAC and the form based code it was always understood that along Pacific was not going to be like the rest of Sea Pines and that's what this is reflective of, and we are doing everything we can to respect that, and the deliveries everything on the alley are not going to come down that alley. I mean that's just on the eastern end where we've widened it out and made lots of room, made it safe to come in and not block anybody going through,but if it's better to cut it off,that so be it. But we're improving it to all the city standards. Now as far as flooding is concerned, we will not be filling the site. The site and the stormwater comes from the west to the east towards us, and I won't nitpick,but whether we, again, it's 100% on one side and 95%,I think it's probably more,it's closer to 98%or 99%impervious on the south as well. We can't create more stormwater that's being created now,and we won't be creating more stormwater than we're creating now. We will make whatever the circumstance is better. I would suggest that the flooding issues that they're speaking of, because its ponding. More than I don't think anybody's been flooded out of their house. The flooding issues are properties like these that were developed 50, 60 years ago or more and there's, there was no stormwater management ordinance, there's no stormwater facilities, there's no, grading before you develop it at that point. So it's lack of proper development to start with and or blocks pipes as the gentleman said. But this is not going to add to anybody's flooding. It's only going to make it better. It can only make it better. I had the privilege of representing the application that was spoken of up on Arctic Avenue, the Willis application, great application. That property was more than 50% permeable. It's not the same situation whatsoever and there are provisions. We're going to,we are going to make the situation better, we're not going to make it worse, and we're not going to be elevating so that the water tries to,we change us to uphill and them to downhill. That's not gonna work. Mr. Plumlee: And I could just interrupt you just quickly, just to make sure everybody understands. When you say permeable, you mean that was a site where water could enter into the groundwater at that point? Mr.Bourdon: That's exactly right. Mr.Plumlee: But when it's hardened, which this site is hardened totally, the water may not seep into the soil. Mr. Bourdon: That's correct. Mr. Plumlee: That's what we're talking about now. Running off impervious cap. That's what it is,right? Mr. Bourdon: It's all running off. None of it's going into the ground. And so we will, with the redevelopment of this site, be decreasing the amount of stormwater that's leaving the site in accordance with what is required under code,which is different when you have a situation like this than you have with the Willis property, but the point is there is not, anyway that this application, this redevelopment is going to make flooding worse. And the gentleman would certainly be correct if we were going to try to raise it up and turn the water around and go the other direction,but that's not what's going to happen at all. The height of the building doesn't have any effect to the amount of stormwater that leaves the site. So that's,that's that issue. Ms. Cuellar: Just pause for one second. Just, there's a lot that we're digesting here, but does anybody have a question for Mr. Bourdon? Mr. Bourdon: I can let Mr. Jester come up because I know he has a few things. Ms. Cuellar: Commissioner Cromwell. Mr. Cromwell: Just to be sure I heard you correctly, you said the drainage at present day goes from west to east? Mr.Bourdon: Correct. It is,it's to the west of us the land is higher. Now because Virginia beach is flat for the most part, that may be very gentle,but the storm water and on this, and I think even the gentleman from MIT stated that the water,the does come here now,but arctic, it's higher, and then as you go back down towards Holly, it goes the other direction. Okay. But the, this block, the 300 block, at least the eastern half to, and I think it's the entire 300 block does flow from west to east. Again,the individual sites and the way they're graded and all,they may have some ponding and things but that alley, the water's coming this way, towards us. Ms.Cuellar: Commissioner Parks. Mr. Parks: Thanks. I know we've talked extensively about flooding and my biggest concern is the piping system that's there now. It's noted as being"blocked." That's not in the purview of this to deal with at this point, and I totally understand that. Are we saying it's blocked because there's a failed pipe, or are we saying it's blocked because there's stuff coming in because going back to your point, I believe that the flooding that is on site may only be because it can't discharge out of the site. Mr. Bourdon: First of all, and I want to clear something up. If I misspoke, I apologize. I don't didn't think I did, but I might have. The pipe that we're replacing is a sanitary sewer pipe, and we're doing all that in the casing because we're going to be building above it, and want to make sure it's not going to need to be torn out every 20 years. So I wasn't, I didn't intend to speak about stormwater piping,but I'll answer the question. When we get into the site plan review, and we do all of our stormwater stuff, which is again, a lot easier when you're dealing with a completely or 98%, whatever the percent is, that is already impervious and then you just have to reduce it. I think it's 10% of what goes, leaves the site, which is a lot different than the Willis site. A 100% different than that, and the Willis site is up high where all, everything is, some of this probably goes to Arctic,some comes this way. So that was a complicated site from a stormwater standpoint. This one actually isn't. And the only way we could impact flooding it all is if we did,in fact,want to put a bunch of dirt and raise it up. That's the last thing we want to do. That's exactly where I was trying to go with it. We're not doing anything to elevate and everything is based on the alley at its current grade. We will have to repave when we replace the sewer pipe. So it might be an inch or whatever,but we're not going in to do any filling. That,that's absolutely the case. Ms. Cuellar: Commissioner Coston. Mr. Coston: Are y'all using any underground storage tanks for water? If we did underground storage, we could certainly, we would do it, and it seems to me the place that would make some sense would be on the west side of the property where all we're talking about is the parking, the structured parking,there's no residential component there. And it's like we've got a,we got a ramp on one side, which only goes from grade level up to 16 to 17 feet on the north side of the ramp. That's all that's there. There's nothing above it. And then we've got the garage on the south side, but it could be number things. You could do some green roof. You could,the places where we're having the outdoor upstairs and outdoor patio, you can do things there that will capture water. There's a lot of things you can do that'll reduce the amount of water leaving the site. That's a,that's not going to be difficult here because it's because of the way the site is, and has been for all these decades. Mr. Jester: I've been building for 30 years. We've done at least a billion dollars' worth of construction. I'm not gonna have any say so in the elevation of that building, the city's gonna tell me what the elevation be. I can't impede anybody's property. I can't run water, additional water under their property. The elevations are set by the city and the grade. All of that. It'll be rigorous rigorous engineering on it. Right now, it's 100%impervious. When we build this building, all of that roof surface,all that water is going to get piped down and into the lines. We won't need tanks, but will greatly decrease the amount of runoff from rain, storm waters, those types of things. As I said, I've been in the office building 17 years there. One block away. I go to breakfast every Saturday and park right in front of the Jefferson Manor apartments and I've never had a flooding issue. Maybe there's been some,and I know some,at one point,one time city came out and looked at it and there were some clogged drains or something of that nature, but that's it really doesn't matter. It'll be rigorous engineering, and we can't impede anybody. We've only impede anybody. We're going to greatly improve. The alley is going to be wider. It's going to be lit. It's going to have sidewalks. When we originally worked on the design,the city wanted us to only ingress and egress off of the alley. And I said, no, we're not going to impede that alley. I'm going to do that. So we have insisted on ingress and egress off of 33rd and 34th Street. And I can tell you, my senior drivers are not going to go down that alley and try and turn out on Pacific Avenue. They're going to come down the ramp. And they're going to go on 34th or 33rd Street, and when you downsize,you downsize your, everything. And that includes a number of cars. We went through all kinds of calculations on the amount of parking, and we could have had a few more parking spaces, but again, the city said, we want you to limit the parking. We want you at somewhere under 160 parking spaces. We're at 157. There's 130 parking spaces now. We're only increasing by 27. And that's age restricted, different hours that they operate. And let's keep in mind, the world is awash in asphalt. Shopping centers, office buildings have way too much because of the great invention,Amazon and Uber. So all of those things create less market. When we do a senior community,we always have more than enough parking with a one to one ratio. One parking space per unit. We're not,we don't intend to,we're going to improve the alley. We don't intend to impede it. We have a section that we're building just for drop offs and delivery trucks. We're not parking on the street. Amazon's going to come there and stop one time,and deliver it to the entire building in a secure room and people get notified their bags. They're not going to make 10 stops. When Amazon comes to your street, I guarantee they don't stop once. They're stopping at three and four houses up and down that street, followed by FedEx, followed by UPS, and followed by the post office. It's one stop here, and we have a space for them, and I have full time management. There there's going to be somebody managing the property at all times. There's no management on there now. That's right. There's no traffic management. No truck management. We will have that. I'm going to have the best operator in the city. And yes,we're going to have staff. We'll have probably create another plus 50 new jobs. But I'm not going to have 50 employees there at one time. There's going to be three shifts. You'll have a maintenance man for the independent living. You'll have a maintenance man, a property manager, an assistant property manager for people. So for the assistant and the memory that has staff,but they're in shifts. And believe me, they're gonna have their own parking. We're not parking on the streets. They're gonna have dedicated parking there because I want them to be there close to the building and be available for that. So, I'm not sure what else I need to rebut,but ask me I'm here for you. Ms. Cuellar: I have a question for you. One of the themes that has consistently come up on this application is the height. So as the builder,can you talk to me about that and how you got to that elevation in your design? Mr.Jester: Yes. So the math on the overlay was pretty complex. I'm pretty good at math, and that we spent a lot of hours on this. Once we get to a demonstrated density, then the height restriction goes away. You could,go to the city limit of 200 feet. We're at 158. We're only doing 97 independent livings,but they need to have enough space to be workable for the people that are going to, that are going to downsize from the 3000 and 4000 square foot house down to 1500 or 2000,but they don't want to downsize to 800 square feet. So we said,listen,we'll,we're not going to max out the density. Our density could have been 120 independent livings. We said,we're not going to max it out. We're going to go less than that, but we want to have larger units, that is the reason that we're higher. That also gives us greater design capabilities. Things to create a vista for the city to look like you have a vibrant area. But we're going to be an asset to the community. It's going to raise values. We're not going to impede traffic. The alley is going to be very functional for the neighborhood and we're not going to do any flooding. This is going to be a wonderful project that's going to look good and it's going to improve the neighborhood. Ms.Cuellar: Thank you very much. Any additional questions for the applicant? Thank you very much. Mr. Jester: I was chair of the CBPA for eight years for the City of Dunedin Beach, and I know what it's like to sit here all day. Ms. Cuellar: Thank you. We now have an opportunity for continued discussion and to entertain a motion. Yes,Commissioner Byler. Ms. Byler: I'd like to start by saying I'm impressed with what I heard today and also with the package that was presented to us first class all the way. I know Marlyn Development,Mr.Jester's excellent reputation, and I certainly believe that whatever he does, he's going to do well. That's a given. I'm impressed that the Navy signed off on it, no problems. Everything I hear on the comp plan, revision,we're in a redevelopment stage,we are not in a development stage, and we need to go up. We don't have any more land, we've got to go up. And if nobody has an objection, the Navy doesn't have an objection, I don't have a problem with the height. I think it's a good plan. I am a little concerned that, we have so much opposition, and I feel like the opposition wasn't addressed in advance, and I don't know why. I don't know why that didn't happen before today to have a community outreach meeting a week after Planning Commission doesn't sound right to me. I feel like it should have been in advance. So that's my only concern. And maybe Ms.Warren has something to say. Ms. Warren: Sure, I'd be happy to. The only reason that we scheduled this meeting next week was we weren't contacted until the beginning of this week to set up a meeting and the request was to have it at some point next week. We didn't even hear about a community meeting or a request from the community members until this week,and they knew that the hearing was today. I am not sure if they made a request of the developer or not. We weren't involved in any of those conversations. Ms. Byler: Thank you,Director. But when we do our informal session,inevitably,we're told the developer reached out to the community. There was a meeting, or there was opposition, or there wasn't. Isn't that part of the process? And why did that not happen this time? Ms.Warren: So at this point,I don't believe that is a requirement. Although,we encourage every developer to reach out to the surrounding community we cannot require that. Ms.Byler: Thank you. Mr. Plumlee: If there's a question about reach, and I don't know if you're finished, Ms. Byler, if you I don't want to interrupt you. I had been in contact with the councilman who's been talking to members of the public. I don't know if Mr. Bourdon, if you want to address the issue of further public engagement,and what's been done because I think that's. It's important to let it out if you've got some information that I'm not privy to. Mr. Bourdon: Well, the Marlyn folks communicated, and have been communicating for some time with the adjoining property to the west on the north side,which is the Mayflower, and there's just no interest on their end to do anything. The adjacent properties to the west,the first two have been in communication with the owners. Those are all rentals and trying to both let them know, and also to try to see if there was an interest in selling. So the owners of the adjacent properties to the west of us are fully apprised and none of them are here. It's adjacent. And, we, the first time we went to the, PDRC big article in the newspaper. We've been back a second time again with a better plan. So it's been a lot of publicity. We actually didn't expect this, and we will certainly participate, and with staff, if they would like us to be there at any meeting that they set up. Ms. Cuellar: Thank you very much. Commissioner Anderson? Mr. Anderson: It was brought up this morning by me and others later about the Mayflower property. Has there been any discussion with buying that property to enhance your property? Mr. Bourdon: That has again as Mr. Jester has been assembling these properties that's been ongoing. Mr.Anderson: Has there been any discussion? Mr. Jester: That's a company out of Texas. Their business model is not normal. We've made offers. Ms. Cuellar: Sorry, Mr. Jester, can we have you step up to the mic? Mr.Jester: That property is an obvious thing that would have been great to acquire. We, it was a lint corporation out of Texas. They bought it from Harbor Group. Had you know,we understand some management issues whatnot, and they've gone in and created quite a few short-term rentals in there. It's not like your typical property right now. We've contacted them every year for three years in a row about buying that property and they've sent them contracts. They're saying we're, nothing. And there's an agent that had the property for sale,and so when the property was for sale, they didn't want to sell off that separately. But we said, listen we would be happy to take care of that, and we offered to do a land lease with the option to purchase. Nothing, they're just very disorganized,very difficult, and we've tried every trick in the book and nothing. Mr. Anderson: They might come back to you after it's built. Mr.Jester: And that, I can tell you, I can see that property from my office and there's probably not 10 cars a day that ever really park there. The Mayflower doesn't need it. We had an attorney determine that is not necessary for excess parking for the Mayflower, but they just simply are not organized enough to do that. Ms. Cuellar: Thank you. Commissioner Mauch. Mr. Mauch: Yeah, I feel like a lot of the concerns whether people wanted to hear how it's been said or not have been addressed. I think the one thing that I have questions about still are the flooding that's in that alleyway. And I know we've heard a lot from, the people out there,whether it's the developer or people opposing it,but I'd like to hear from the city to know if some of those things that were being said are true. So that, that is the site pretty much 100% paved over at the moment, and if it is what needs to be done from the development standpoint to help mitigate some of that runoff that goes elsewhere, and I'll just kind of start with that. Ms. Alcock: So yes, the majority of the site is impervious. I can't say if it's 100% exactly, but it's very close if it's not. So as, this will be a redevelopment project and despite being one block from the Atlantic Ocean, it's in the Chesapeake Bay watershed. Water does drain from the west to the east,but then it hits Pacific Avenue,and goes down and back towards Laskin Road. So this will be a redevelopment project, and much like another project you heard, they will have to show a reduction in their runoff. They will have to show a reduction in the pollutant load, how clean the water is when they do their stormwater plans for this site. Mr. Mauch: Thank you. I think from a height standpoint, it's been answered well maybe not to the likings of the neighboring properties, but the density load allows for them to go through that alternative compliance process. And I'm just making sure I'm getting head nods, yes, so that I'm explaining correct. And that kind of allows for them to go for a height difference as long as they're not increasing their density load that's on that property. Just for clarification,I just wanted to make sure that was correct as well, and traffic concerns Pacific is just a dangerous road from start to finish and anything we can do to help the traffic on Pacific. We need to make sure we're doing. Ms.Cuellar: Thank you very much. Commissioner Plumlee. Mr.Plumlee: Yeah. I'd like to make a motion to approve this project,but I'm going to go through a list of the reasons why I support it. This is in my district. I do drive by it every day. I know the issues that are brought up very well. Catherine put her finger on it immediately. It's density that we're looking to solve a lot of the extraordinary problems that we have to have a better opportunity for mass transit, least have the opportunity, put people in the same place living with commercial opportunities they can walk to. Recreational opportunities,they can walk to. Reduce the need to get in a car and drive. The senior living facility means having older citizens with a place that's safe,that's beautiful. As far as flooding,we've heard it's hardened. It's a hardened site. This will be an improvement. It'll be a reduction because that's what's required under the code. As far as parking,we do have a public parking facility directly across the street,but you've heard from the applicant indicating that they were going to deal with the parking directly on site. As far as the traffic goes, in some ways that commercial opportunity could drive higher levels of traffic in and out of that exact site,much higher levels. As far as height,again,that goes back to our commitment for density. We have all kinds of height on the other side of the road,but we see it. It's still, is in front of us,and to have this facility is not going to change that fact. We had many speakers come. They're all wonderful people. They're brilliant, and they bring a lot of great ideas. But you heard at the beginning, almost to a person, I don't oppose this,but we keep waiting for the perfect thing to come along and to answer all issues. But what we do is we risk when we have a very good application from a very good builder with a high reputation that will lose the opportunity. These things are held together somehow by a force of will. But one minor thing happens and it all falls apart, and here we are for two years already. This is going on. I've heard about this project for a long time. I'm not criticizing people's ability to learn of things because you have a busy day. This has been in the newspaper. It's been out there. But if we keep pushing it down the road, where are seniors going to go? Where are they going to move to be close to their families? This is the opportunity. And I do think there is going to be a lot of inconvenience from it. There is on all the activities along that way, like there was with the Cavalier, like there are all these things, but we have a great application,and I don't want to see it go away because we didn't act timely. So I want to move to support it. Ms. Cuellar: Thank you, Mr. Plumlee. Just for clarification. Is your emotion going to be for both applications? If you can please state that for the record. Mr.Plumlee: If we can do it that way. Ms. Cuellar: Yes,a clarification from Ms. Alcock. Ms. Alcock: Yeah. Can I get one other point of clarification? So there was the recommended change for the street closure application. Typically,that would be 12 or 365 days to complete that process. Given the scale of this development and the time to get through site plan, they're requesting 24 months to complete that process. Staff is supportive of that. I just want that noted in your motion, if that is the desire of the commission. Mr.Plumlee: What Kaitlyn has just said, I add. She is on the record with me. Ms. Alcock: I'll do my best to repeat it. Ms. Cuellar: And is there a second? Mr. Alcaraz: I'll second it with the amendment from Ms. Kaitlyn. Ms.Cuellar: Are there any commissioners abstaining on this application? Commissioner Estaris, could you please state the reason why you're abstaining? Ms. Estaris: Yes, Naomi Estaris, I am abstaining and I've submitted the appropriate documents to city council, city attorney. Ms. Cuellar: Okay,thank you very much. So there's a motion on the floor to approve application number 10 for the street closure with the modification to 24 months, and application number 11 by Commissioner Plumlee, seconded by Commissioner Coston. Ms. Alcock: The vote is open. By a recorded vote of 10 to 0 with one abstention from Commissioner Estaris, items 10 and 11, 33rd Street, LLC, has been recommended for approval. Ms. Cuellar: Thank you very much. I'd like to check in with the commissioners. We have been meeting for quite some time. We have two additional applications still. Would it be in the benefit for a five minute break for recess or everybody wants to keep going? Yeah, I think just recess for five minutes for a health break. Our agenda. I do have to make a note that Commissioner Coston has to step out for an appointment. Thank you for your service today. Vote Tall AYE 10 NAY 0 ABS 1 ABSENT 0 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 (#10, STC) 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The applicant shall dedicate four (4)feet of right-of-way width along the entire 250 linear feet of the five (5) lots on the southern side of the alley to create a twenty-four (24) foot wide right-of-way.This dedication shall include reservations of the owners air rights for both Air Rights Parcel 'A' and Air Rights Parcel '13'. 5. The applicant shall replace approximately 300 linear feet of existing sewer main within 33rd Street, from the manhole located westerly of the intersection of 33rd%2 Street and Pacific Avenue, which has been assigned the unit ID number of"003-205-M", to the manhole located southerly from the south-west corner of 312 34th Street, which has been assigned the unit ID number of"003-271-M", to the satisfaction of the Public Utilities Department. 6. The applicant shall encase the replacement sewer main with a steel sleeve under all portions of the Air Rights Parcels, extending twenty (20) feet on both sides past the Air Rights Parcels, to the satisfaction of the Department of Public Utilities. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within [strikethrough] 365 days [end strikethrough] 24 months of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Conditions (#11, ALT) 1. The site shall be developed in substantial conformance with the submitted concept site plan, floor plan, and architectural elevations, entitled "Beach Tower, Marlyn Development", prepared by Cox, Kliewer& Company, P.C., and dated October 15, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. All 97 independent living units shall be developed as presented in the conceptual floor plans in regard to the bedroom/unit breakdown and floor area. 2. The site shall be developed in substantial conformance with the submitted concept landscape plan, entitled "Beach Tower, Conceptual Landscape Plan", prepared by Timmons Group, and dated September 30, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. However, final approval of specific planting species shall be subject to the Development Service Center's Landscape Architect. 3. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 4. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the overall density of this project is limited to: a. 97 Independent Living Units b. 27 Assisted Living Units c. 8 Memory Care Units 5. Prior to demolition of the historic Jefferson Manor Motel Apartments, the applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 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, ore 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. I I To Virginia Beach Planning Commission and Supporting Organizations: Planning Commission Meeting - 08 Jan 2024 — Agenda Projects 10 and 11 Attached is a letter/petition prepared by several local Virginia Beach residents, and signed by 31 I local impacted Virginia Beach residents, (within 1-2 blocks) requesting the Planning Commission REJECT the proposal from Marlyn Development Corporation (a.k.a. 33`d street LLC) to close the 33 '/2 street alley and construct a 12-story Senior Living Tower on the West side of Pacific avenue between 33`d and 341h street. I The attached 3-Page document outlines in specific detail how this proposal violates many aspects of the VB City Resort Area Form Based (zoning) code. This commercial 12-Story building is proposed for a "Protected Residential Area" with zoning limited to 35 ft max elevation, and proposing only 5 ft setbacks which is also a violation of this protected zone standard setbacks. In addition to the numerous Form Based Code (zoning) violations, this proposal will radically increase traffic in the area, and provides no viable ingress and egress path for trucks to make deliveries of food and other supplies and removal of significant waste materials. A detailed traffic study needs to be done BEFORE this proposal is accepted, because there is no viable way for a facility of this size, with this use, to accommodate the increased truck and vastly increased service employee and Senior Living Resident traffic in this residential area. Finally, this specific area (the alley between 33 and 34th street, eastern end, near Pacific Ave) is ' already known by the VB DSC Storm Water team (Seth Edwards) to be in an area that severely floods with 1-2 ft of water during and after a heavy rainstorms, because the storm water piping is not sufficiently sized to carry away the rainwater that accumulates in this very low-lying area. The DSC just recently required a 25,000 gallon underground BMP (storm water collection system) to be installed at the other end of this alley (3310 Arctic - 320 341h Street —Willis project) about 500 ft away from this proposed building location, due to already existing flooding problems. This proposed new location is exactly at the low elevation point of a multi-block area and will need either a much larger BMP tank or larger storm water pipes from this location all the way to the outflow into the bay estuary at the Laskin road roundabout - approximately 5 blocks away. i Bottom line — The normal approach to have the Planning Commission say "yes" and then ask the VB Traffic and DSC storm water teams to "find a way to make this work" is a HORRIBLE idea in this 1 specific situation, because the site limitations are HUGE, and it is highly likely that these two dedicated and hard-working VB organizations will respond that, "we just cannot find a good way to make this work" I Petition signed by 31 Virginia Beach Residents (to date) I I VB Strong ! I I i i I I I I I December 17, 2024 i Virginia Beach City Planning and Community Development, I hope this letter finds you all doing well. We are writing to express our strong opposition to the proposed Alternative Compliance Request from 33rd Street, L.L.C., a Virginia limited liability company. Property Location is at 3300 Block on the west side of Pacific Avenue, GPIN(s) 2428-02-0963; 2418-93-9083-0000; 2418-92-92-9868-0000; 2418-92- 8882-0000; 2428-02-0835-0000. The current landowner of the subject property knowingly purchased multiple lots, including the Historical Jefferson Manner Apartments. These lots have building restrictions that would prohibit the current proposal to construct a 12-story commercial building with multiple alternative compliances, adjacent to existing residential homes. The R-3 code expresses that no development within 100ft of residential homes is allowed to exceed 35ft - PROTECTED DISTRICTS i The form-based code contains a number of provisions protecting residential and apartment districts that are adjacent to the Oceanfront Resort District ("protected districts") from potentially problematic effects of commercial uses. These provisions include limitations on, or prevention of certain uses, based on height, screening requirements, enhanced setbacks, and access restrictions for commercial and residential uses. Compliance with all applicable components in full are required when seeking approval through optional forms of development alternative compliance, or enlargements alterations of nonconforming structures. j The form-based code addresses this type of situation whereby the building type standards govern basic form, placement and fundamental urban elements to ensure that all buildings complement neighboring structures and the street. These standards are based on existing building types found in the area and the vision expressed in the Resort Area Strategic Action Plan (RASAP). The redevelopment of 34th Street has been in progress for over 15 years. In just the j last 5 years, multiple major improvement have occurred within 1-2 blocks of the proposal submitted by 33rd Street, L.L.0 . i 1. The purchase of the north side of 34th Street by YPB allowed for the complete j renovation of 9 homes built between 1920 and1950 preserving some of the Oceanfront's original homes. i I 2. Thirty Fourth Street Development, Ros Willis, has just completed a multi-million- dollar apartment building (9 units) at the corner of 34th Street and Arctic Avenue complying with the same zoning restrictions as the current residence. i 3. Bishard Development is in the final stages of completing a new four-unit condo building on 34th Street adjacent to the Beach Tower Development in full I I I i i i i i i compliance with 100% of the city's guidelines. 4. Bishard Development has also completed and sold four individual homes and six condos in the price range from $1,250,000 to $1,350,000 - one block North at the intersection of 34th and Arctic - all within the parameters of the building code outlined in the city's ordinance. i The redevelopment of 34th Street over the past 15 years has all complimented one another as indicated in the Resort Area Strategic Action Plan. We welcome the development of the parcels previously indicated, provided they follow the existing guidelines and complement the existing homes. A site plan or preliminary drawing cannot depict what the actual effect will be on the surrounding area, the current residences, and their financial investment. Outlined below are some of the concerns that cannot be ignored or overlooked in determining the correct decision pertaining to the proposed alternative compliance request. 1 1. Construct a 158.5-foot structure which is 400% over the current code of 35ft maximum. This proposed location is 100% within the "protected district" outlined in the ORD Form-Based Code. This code was clearly designed specifically to prevent structures of this type being built next to residential homes. The structural height of the Mayflower apartment building and or the parking garage on the east side of Pacific I Avenue does not provide a compelling argument because it is outside the 35-foot maximum height restricted area. Under the RT-3 Code Summary, compatibility height limits apply within 100' of a residential district. The unfavorable effects of a 12-story commercial building to the current residents cannot be mitigated by its' "dramatic architectural addition" or it's proximity to adjacent districts. 2. Partial street closure of 33 % street and Parking ramp. Several apartment buildings depend on 33 '/z street alley to access their parking lots while homeowners must utilize it to access their garages. Current renters and homeowners use 33 '/z street to access the oceanfront from their garages. Families have most recently purchased homes for over 1.2 million dollars on 33 '/z street that plan on using this direct route to access the boardwalk, restaurants, and other amenities. Constructing a 12-story building over the street with a parking garage ramp entering and exiting on an alley with heavy pedestrian traffic is dangerous. The 33 'h street alley was never intended to be used as a major thoroughfare for a commercial parking garage or service vehicles for a large multi-family building. The 24-hour operation of an apartment building for seniors that has multiple dining facilities will require at least three food deliveries per week by an 80-foot truck. The kitchen service alone will have multiple service trucks using 33 '/z street alley as their only option to access the unloading zone at the I intersection of 33 '/Z & Pacific. 1 The proposed site plan shows the direction of these 80-ft truck deliveries in the alley, under the new building overhead bridge, facing towards Pacific. The only way an 80-ft truck can get into this position is to come all the way down the alley from Arctic to Pacific. Turning right off Arctic Avenue onto the alley of 33 '/2 street, directly adjacent to i i i i residential homes, and in front of driveways, parking lots, and sidewalks where people are walking, biking, and general activities. Delivery trucks will have to pull into oncoming traffic on the left side of Arctic Ave. to make the turn on the narrow 33 '/2 street alley. Large food distributors must unload from both sides and the rear of the trailer that requires extended ramps. This will block traffic on 33 '/2 street while unloading which takes over an hour. When exiting the alley onto Pacific Avenue the truck will have to pull forward into the left lane of 331/2 street blocking ingress and egress at the intersection before turning right onto Pacific Avenue. thereby blocking both lanes of traffic while slowly making a turn. This is going to impede traffic and cause a dangerous situation for pedestrians crossing Pacific Avenue. The volume of issues caused by the partial road closure and attempt to turn an alley into a 1 main thoroughfare is unwarranted and not in the best interest of the citizens. Widening the alley from where the proposed parking ramp starts to Pacific Avenue roughly 5 feet will not address the issue but will provide a false perception of space during the permitting process. The intersection at 33 '/2 street and Pacific Avenue with pedestrians, bikes, Pacific Avenue traffic and delivery trucks all coming together at that point will 1 cause a very dangerous location. 3. The vision of the Resort Area Strategic Action Plan calls for fundamental urban elements such as open roomy sidewalks. However, the proposal request includes minimal setbacks on all sides of the building taking place of the urban elements as suggested. 4. Street congestion will absolutely be significantly worse with the vehicles from 157 additional residential parking spaces (the independent living seniors I know don't stay home all day), their visitors, and a minimum of 50+ employee commuters. Street parking for existing homeowners and renters will be extremely scarce, especially in the summer. The idea that the new development will reduce the number of daily automobile commutes is completely misleading. Currently the Beach Tower has 8-10 commuters per day. Traffic load in the area will clearly be substantially increased. i 5. Noise and light pollution; we are all familiar with the noise from a parking garage, precisely the ramp. The proposed site plan has the parking garage just 15 ft and the ramp 50' to the nearest home. Light pollution from a 12-story building with a parking garage will be overwhelming to the residence currently living on 33rd, 33 '/2, and 34th streets, noise and light both can be considered a disturbance to homeowners. In closing, please know that we welcome the re-development of the proposed parcels ; along with the maximum density allowed provided the development does not exceed the zoning restrictions that require it to meet the same existing elements as the previous developers. The full potential of the properties in question is subjective and implied hardship is no avenue for any variance approval. The proposed development brings many concerns including nonconforming development in a protected residential zone, to the encroachment of the 331/2 street alley, as well as to major engineering issues, and the safety of the citizens and tourist. The undersigned residents of this immediate neighborhood all agree with the conceq% and problems described in the letter above and strongly oppose the construction of the Martyn Development Sr Living building All Addresses Below Are Virginia Beach. VA 23451 I Name Print Signature__________- Street Address 1 A I I\ I CA �rT')i ?,� s L j1 s. �( �- S/ o A't 4,k l p Nt i Z yo h 54 r o c at ta- G. Nthl , 6�JuZ� 4n } S4 01 4-T�Wale e Ot 1 vY z U1 Al yv 5 3 41r c1 .� J'Y ,�r � t t o 5t-. d5a•n�c�C za �c I I I i I 1 I i i i The undersigned residents of this immediate neighborhood all agree with the concepts and problems described in the letter above and strongly oppose the construction of the Marlyn Development Sr. Living building. I All Addresses Below Are Virginia Beach, VA 23451 Name Print) Si at Street k ddr ss tc"-6seoc �Yj 'h2 ;�fL Sr >k col ��� / 7; �c f/ 33 ,E CAM-'3%Ak 4 � ZI SYKES, BOURDON, FERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON.JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 February3 2025 MARK R. GARRETT I MOLLY R. KISER Email:amecorkle<<csvkesbourdon.com KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. Kathy Warren, Planning Director via Email kmwarrenldvbgov.com DAVID M. ZOBEL Kevin Kemp, Zoning Administrator via Email kpkemp<alvbgov.com " "°°in Virginia and Washington DC Carrie Bookholt, Deputy Director via Email cbookhol(awb ov.com Department of Planning& Community Development 2875 Sabre Street Suite 500 Virginia Beach, Virginia 23452 Re: Beach Tower/33rd Street, LLC Alternative Compliance Application Food Service Deliveries Dear Kathy, Kevin& Carrie: I write to follow up on the assertion from one(1) of the opposition speakers at the Planning Commission's public hearing that we were providing false information with respect to the number of programmed deliveries for food and ancillary supplies to this proposed Senior Living Community (and similar communities which my clients have developed and operate). The 97 Independent Senior Living Apartments will have nice kitchens where residents can prepare their own meals and residents are not required to take meals onsite. Typically, residents will sign up and pay for a certain number of meals on a monthly basis. Given the significant number of excellent restaurants which are in close proximity to Beach Tower, many Independent Living Residents will likely prepare their own meals, dine out and take five(5)to twenty(20) meals a month. Obviously,the Memory Care residents will take nearly all of their meals onsite and Assisted Living residents will take most of their meals onsite. Attached is a statement from Jonathan Darling, an experienced, expert on this topic who is the District Manager with thirty-three (33) years of experience with Sodexo which is a national/international company which provides/operates food services to Senior Living Communities in our City and region. Mr. Darling confirms the accuracy of information we have communicated to you, your staff, the neighbors and the Planning Commission. We certainly appreciate that the gentleman who questions the veracity of our statements on this topic may not have been aware of all of the pertinent facts and regrettably we inadvertently fed his narrative by depicting on one of the Exhibit a tractor trailer truck occupying the expansive delivery/pick up area Marlyn Development proposes to create. That being said, irrespective of the gentleman's experience with fast food restaurant development his contention is simply false. ®SYICES. BOURDON, AHERN&LEVY.P.C. Department of Planning&Community Development February 3,2025 Page 2 The facts are: (1) there will not be 18-wheelers delivering food or supplies of any kind to the Beach Tower; (2)there will be one(1)significant food and supply delivery per week using a 28 foot delivery truck which will access the delivery area from Pacific Avenue; (3) for the majority of weeks, there will likely be one (1) food service delivery from a specialty vendor using a box truck and on an infrequent basis possibly a second such small vendor delivery. These vendors will access the delivery area using our drive aisle form 34d' Street or 33rd Street to the alley bisecting our properties or from Pacific Avenue. Some weeks there will be no such small vendor delivery; (4) none of these deliveries will utilize the alley(33rd '/2 Street)west of the Beach Tower to gain access to or from Arctic Avenue;(5)Beach Tower Management will work with its vendors and service providers to coordinate the timing of all delivery and pickup services and to ensure that all vendors and providers of services involving pickup or deliveries will only utilize 3311 Street, 34" Street or Pacific Avenue to access Beach Tower and will not attempt to navigate the narrow 33rd'/2 Street alley west of the Beach Tower community to access Beach Tower from Arctic Avenue (vs. 331 Street, 34th Street or Pacific Avenue) nor to access Arctic Avenue from Beach Tower(vs. 33rd Street or 34" Street). Please feel free to share this information with the members of City Council and the neighbors with whom you may be communicating. Should the neighbors have any further questions or concerns that have not been answered or addressed, I would be happy to talk with them. With kind regards, I am Very truly yours, .� �" and B udrdon., ji.. - REBjr/arhm Enclosure cc: Brian Staub,33"Street,LLC HAAM\Alternative Compliance Application\Marlyn Development\Warren-Kemp-Bookholt_Ltr 2-03-2025.docx sodexo Food & Beverage Delivery Schedule Senior Living IndustW Food& Beverage Deliveries in the Senior Living Industry are supported by the specific Vendors. For instance, during an average vendor delivery week&a Senior Living Resident Population of 150 Residents (Independent Living,Assisted Living, etc.),there would be the following: a delivery via a 28 Foot Delivery Truck consisting of supplies to the Community around grocery,fresh &frozen proteins, paper&chemical products, etc. There would also be a Box Truck that would deliver Bread, Produce & Dairy Food Items once per week. At times,these specialty vendor deliveries can also be every other week based on Resident Volume. Dining Directors partnering with the Vendor Sales Representatives enables delivery schedules to also be set in advance&collaborative for the Senior Living Communities (i.e. not having deliveries early in the morning where a Resident may still be asleep or resting). Vendor deliveries are also staggered throughout the week and as mentioned above, can also be every other week based on need. With this approach, there aren't multiple deliveries each day. In the end, Vendor Partnerships along with Collaboration with the Dining Departments along with clear communication with both parties, provides a solid approach to Vendor Deliveries &Schedules. Jonathan Darling District Manager, Southeast Region, 33 Years with Sodexo Senior Living Industry Dining Expert 0 B2--B2 / R7�.5 ❑� z6 / B.2 B 2 MAN r- �R7.5 6A�❑ 0�- 264 R7:5 Z � B.2 ❑ 26lI R7.5 o� R7.5 R7❑.5 E00, 0; B.2 B2 B�2 B � J R7.5 - Dri;vier WoEE Way --- Sentara W_aY--- R7.5 ❑❑ ❑,o ,�,� ❑❑ � ❑ ❑❑ �❑❑ hard r •— ❑.Pres id enfial_Bou eV o �� 0 0 ❑ ❑ ❑ ❑❑ ❑ o B2 B2 ❑� RT7.5 Rr7-5 yam❑ o ❑ ❑ ❑ B2 �2 N ® Site W -- ' 1�: ❑ Property Polygons Evergreen Virginia, LLC S Zoning 3700 & 3736 Sentara Way ❑ Building Feet 0 4590 180 270 360 450 540 GNU e F r a� .0; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERGREEN VIRGINIA, LLC [Applicant] EVERGREEN VIRGINIA, LLC & WINNER'S PROPERTIES, LLC [Property Owners] Modification of Conditions to a Conditional Use Permit for the property located at 3700 & 3736 Sentara Way (GPIN 1487523853 & 1487428775). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: February 18, 2025 ■ Background: A Conditional Use Permit for Motor Vehicle Sales, Service and Rentals was approved by the City Council in 1979, and subsequently modified in 2002, 2004, 2012, and 2022. The applicant is seeking a Modification of Conditions to amend the concept plan and conditions associated with the 2022 Modification to incorporate an additional parcel located at 3736 Sentara Way to expand the existing Hyundai dealership. The requested improvements will be developed in two phases and includes several building additions as well as an additional 215 parking spaces, 56 for customer, employee, and service parking and 159 for display. The proposed expansion will match the existing building height, which at the tallest point is 24 feet, as well as the existing materials and colors. ■ Considerations: While the Comprehensive Plan recommends office use in this area, the proposed development corresponds with the existing pattern of development on the site which was granted by City Council initially in 1979. The proposed additions will be complementary to the existing dealership. During the 2022 Modification concerns were raised about the loading and unloading of vehicles and the glare from the existing lights as such conditions were added to ensure conformance with the lighting standards and affirm that loading and unloading of vehicles in the public right-of-way is prohibited. Those conditions were retained, and a condition was added that a lighting plan in conformance with the City's lighting standards will need to be approved prior to site plan approval. There have been 3 documented Zoning Complaints since the 2022 Modification all of which have been resolved. To address concerns raised by the Planning Commission and adjacent residents, the applicant has provided an updated landscape plan to show the installation of a berm to match the existing berm located along the frontage of 3700 Sentara Way. The berm is to be planted with a combination of evergreen trees and shrubs to adequately screen the site from Sentara Way. The revised landscape plan is included as an attachment. Evergreen Virginia, LLC Page 2 of 6 A letter of concern was received about the request noting concerns with light and noise pollution, loss of trees, wildlife displacement, and degradation of property values. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on August 16, 2022, and shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Hyundai Building Addition — Concept Plan," dated December 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be in substantial conformance with the submitted landscape plan entitled, "Hyundai Building Addition — Concept Plan," dated Nevembe 27,2024, December 3, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. 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. 5. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 6. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 7. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. Evergreen Virginia, LLC Page 3 of 6 8. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 9. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word — Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 10.The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 11.No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 12.Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 13.No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. Evergreen Virginia, LLC Page 4 of 6 14.Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 15.No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 16.All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 17.Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 P.M. 18.All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19.All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20.All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 21.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. Evergreen Virginia, LLC Page 5 of 6 22.The use of an outdoor amplified speaker or paging system shall be prohibited. 23.There shall be no signs which 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. There shall be no portable or nonstructural signs, or electronic display signs on the site. 24.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 25.No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 26.A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 27.Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 28.Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29.On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 30.0n-street employee parking shall be prohibited 31.Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right- of-way. ■ Attachments: Staff Report and Disclosure Statements Location Map Evergreen Virginia, LLC Page 6 of 6 Minutes of Planning Commission Hearing Letter of Concern (1) Letters to Adjacent Property Owners Revised Conceptual Landscape Plan dated December 3, 2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: f69 Agenda Item 5 Applicant: V_B CouncilProperty Owner: Evergreen Virginia LLC & Winner's Properties, LLC Planning Commission Public Hearing:January 8, 2025 City i- Project Details Request Modification of Conditions LAMIPL AVE Staff Recommendation W g ; VI�,INIABEACItBWO Approval SO A Staff Planner BONNEYRD O ,, Alexis Bailey C Z BCYD RD 0 NILBER ST m m i ; Location i 9c WAYNEST- 3700 & 3736 Sentara Way 10 $ BARRY ST 4 �\ GP/Ns ° w,LACE°L p 1487523853, 1487428775 /' GATEWAY SPRUPL CE HATER ST _ .SOUTµ BLVD Site Size ��"�--� {STORY-NO OR _ a 14.78 acres o T�"KWO°0DR W m w A/CUZ 'N O Less than 65 dB DNL / wL«+wLPKWY sPLAU TRL / Watershed / fW%.FREE RD Chesapeake Bay Existing Land Use and Zoning District ;• " ' _ •'. °.`". Car dealership, wooded lot/ B-2 Community Business • ' f '' 4 � , " '- t. Surrounding Land Uses and Zoning Districts North 1-264 i �. `" +P Wooded Lot/ R-7.5 Residential South R Sentara Way �oRE AY Single-family dwellings, office/ R-7.5 Residential/ B-2 Community Business —, ' East Self-Storage Facility/ B-2 Community Business West Medical Facility/ R-7.5 Residential Evergreen Virginia, LLC Agenda Item 5 page 1 of 28 Background SummaryofProposal • The 14.78-acre parcels located in the Rosemont Strategic Growth Area (SGA) and zoned B-2 Community Business District were granted a Conditional Use Permit for Motor Vehicle Sales, Service, and Rentals in 1979. Subsequent requests were granted in 2002, 2004, 2013, and 2022 to expand the automobile service center, allow automotive repairs, and modify the site layout and building design. • The applicant is now seeking a Modification of Conditions to alter the concept plan associated with the 2022 Modification to incorporate an additional parcel located at 3736 Sentara Way to expand the existing Hyundai dealership. • A site plan for a by-right office building was approved for 3736 Sentara Way by the Department of Planning and Community Development/Development Services Center on April 17, 2020; however, the development was never constructed.The project received permits for clearing and site preparation however the office building has yet to be constructed. • The applicant proposes to expand the dealership in two phases. Phase I will include a 13,489 square-foot addition to the western portion of the existing building, 1,860 square feet of which will be used for a car wash, and a 1,672 square-foot addition to the southeastern portion of the building. Phase II will include an 8,735-square-foot addition to the northern portion of the existing building.The proposed expansion will include an additional 215 parking spaces, 56 will be used for customer, employee, and service parking and 159 will be used for display. • The proposed expansions in both Phase I and Phase II will match the height of the existing building, which at the tallest point is twenty-four feet. The proposed materials and colors of both phases of expansion will also match the materials and colors of the existing buildings on the site. • The hours of operation will remain from 7:00 a.m. to 10:00 p.m., seven days per week. • Per Section 203(a)(16) of the Zoning Ordinance, automotive sales require one parking space per nine hundred (900) square feet of floor area.The proposed building additions will result in an additional 25,756 square feet of floor area, requiring an additional 29 parking spaces.The entire site, including the existing and proposed buildings, will require a total of 66 parking spaces, which can be provided on site. Upon the completion of both phases, a total of 789 parking spaces will be provided on site, the majority of which will be used to display vehicles for sale and as such are not counted toward the required parking. • The site 3736 Sentara Way is located within the 100-foot Chesapeake Bay Preservation Area (CBPA) Resource Protection Area and has an approved CBPA Variance from May 23, 2011, the development does not propose any increase in impervious area or further encroachment into the RPA beyond the approved variance. Evergreen Virginia, LLC Agenda Item 5 page 2 of 28 HistoryZoning # Request 82 % MDC Approved 08/16/2022 164 zbh � MDC Approved 11/12/2013 e 62 CUP(Automobile Repair) Approved 05/25/2004 �EA b 1 CUP(Automotive Service Center) Approved 5\ 12 10 2002 - " CUP(Motor Vehicle Sales, Service, & Rentals) Approved 02/25/1997 STC Approved 02/25/1997 R, E_s aR MDC Approved 12/13/2011 ' _ MDC Approved 08/25/1992 82 CUP (Assisted Living & Nursing Homes) Approved 11/13/1990 a 82� •2 82 3 CUP (Auto Repair) Approved 11/23/2010 Application Types 4 CRZ (0-2 to Conditional B-2) Approved CUP: MDC: Modification of 10/11/2005 Conditional Conditions 5 CUP(Automobile Repair Garage) Approved Use Permit MDP: Modification of Proffers 10/27/1998 REZ: NON: Nonconforming Use 6 STC Approved 02/10/1998 Rezoning STC:Street Closure CUP(Mini-Warehouse Expansion) Approved CRZ: FVR: Floodplain Variance 7 08/26/1997 Conditional ALT. Alternative Compliance CUP(Mini-Warehouse Expansion) Approved Rezoning SVR:Subdivision Variance 07/12/1994 LUP: Land Use Plan 8 REZ Approved 02/25/1997 STR:Short Term Rental Evaluation • • • In Staff's opinion, the applicant's proposal to add an additional parcel for the purposes of expanding the existing automotive dealership is acceptable. While the Rosemont SGA Plan notes that this site should include a transition from auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities, the proposed development corresponds with the existing pattern of development on the site which was initially granted by City Council in 1979. The proposed modern-style building, lot layout, and landscaping are in keeping with the existing dealership. During the 2022 Modification of Conditions application, concerns were raised by the adjacent residents regarding the loading and unloading of vehicles and the glare from the existing lights. As a result of those concerns, the applicant provided a Lighting Plan and agreed to Conditions 24, 25, and 26. Conditions 24 and 25 addressed the lighting to ensure conformance with the existing standards while Condition 26 affirmed that the loading and unloading of vehicles in the public right-of-way is prohibited. As part of the current application, the Evergreen Virginia, LLC Agenda Item 5 page 3 of 28 conditions formerly known as Condition 24, 25, and 26 were retained as Conditions 26, 27, and 29. Additionally, Condition 4 has been added which ensures that before final site plan approval, a Lighting Plan in conformance with the City's lighting standards will need to be approved. Since the 2022 Modification of Conditions, the site (3700 Sentara Way) has had three documented Zoning Complaints. The first, submitted in February 2022 by adjacent residents, noted excessive noise involving an intercom system, vehicle deliveries, employee parking, and excessive brightness in the residential area as a result of the on-site pole lights. After inspection, the Zoning Division determined the site was in violation of Condition 8 (outdoor paging/speaker system) and Condition 13 (parking lot lighting) of the Conditional Use Permit and issued a Notice of Violation (NOV) to the property owner on February 22, 2022. Upon receipt of the NOV, the property owner worked with the adjacent residents to identify the specific lights causing the issue and placed shields on the fixtures to address the concern. Additionally, the property owner ceased use of the intercom system. After a follow-up inspection by the Zoning Division in May of 2022, the violation was determined to be resolved. Another routine inspection was conducted by staff on November 2, 2022, and the site was found to be in compliance with the CUP conditions.The second complaint was initiated by Staff after a routine inspection in January 2023 found the site to be in violation of Conditions 16, 18, and 24 of the Conditional Use Permit. More specifically, there were two vacuum stations located outside (violation of Condition 16), debris in the parking lot (violation of Condition 18), and a light pole over 14 feet in height (violation of Condition 24). A Notice of Violation was sent in February 2023, after which the owner worked to correct the violations. During a follow-up inspection in June 2023, staff noted the violations were corrected and the site was in compliance. The final violation was initiated by Staff in June 2023 after noting an inflatable sign on the property which violated Condition 16 and 21 of the Conditional Use Permit. The sign was promptly removed the same day. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on August 16, 2022, and shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Hyundai Building Addition —Concept Plan," dated December 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be in substantial conformance with the submitted landscape plan entitled, "Hyundai Building Addition—Concept Plan," dated November 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Evergreen Virginia, LLC Agenda Item S page 4 of 28 4. 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. S. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 6. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 7. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 8. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 9. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word— Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 10. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 11. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 12. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. Evergreen Virginia, LLC Agenda Item 5 page 5 of 28 • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof,to match the buildings. 13. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 14. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3)foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 15. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 16. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 17. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 21. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 22.The use of an outdoor amplified speaker or paging system shall be prohibited. Evergreen Virginia, LLC Agenda Item 5 page 6 of 28 23. There shall be no signs which 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.There shall be no portable or nonstructural signs, or electronic display signs on the site. 24.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 25. No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 26. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 27. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property.All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 28. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above.The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 30. On-street employee parking shall be prohibited 31. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. 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. Evergreen Virginia, LLC Agenda Item 5 page 7 of 28 2022 Modification • • • 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, May 25, 2004, and November 12, 2013, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 4. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 5. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion,Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 6. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 7. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word— Floor Plan—Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 9. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. Evergreen Virginia, LLC Agenda Item 5 page 8 of 28 10. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 11. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 12. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 13. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 14. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 15. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 16. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 17. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on Evergreen Virginia, LLC Agenda Item 5 page 9 of 28 raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 18. All storage merchandise,or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 19. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 20. The use of an outdoor amplified speaker or paging system shall be prohibited. 21. There shall be no signs which 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.There shall be no portable or nonstructural signs, or electronic display signs on the site. 22. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 23. No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 24. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 25. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 26. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above.The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 27. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 28. On-street employee parking shall be prohibited 29. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. Evergreen Virginia, LLC Agenda Item 5 page 10 of 28 Comprehensive Plan Information The project falls within the Rosemont Strategic Growth Area. Study Area Weaknesses identified by the public centered around transportation, such as "lack of adequate provisions for stormwater runoff" and this SGA is "car-oriented: parking lots and road travel lanes are prevailing land use" (p. 8, Rosemont SGA Master Plan).The Rosemont SGA Master Plan's Land Use Plan shows this property designated for office along Sentara Way with semi-public open space buffering the parking lot in the back(p. 35, Rosemont SGA Master Plan). The property falls within the Rosemont Road Redevelopment Development Initiative and says this area is appropriate for office and apartment redevelopment (p. 49, Rosemont SGA Master Plan). Lighting fixtures and street lighting should meet or better the following specifications in their lighting plan (p.44, Rosemont SGA Master Plan). Buildings should be close to the pedestrian street with off street parking behind or beside the building and do so by organizing the buildings to reinforce pedestrians walking along building fronts rather than across a parking lot (p. B-1, Reference Handbook). "Pedestrian routes not less than five feet in width should be direct and minimize conflicts with vehicles. Where there are pedestrian pathways from the street to parking areas between buildings ensure, a reasonably safe, and uninterrupted access. Provide a visible crosswalk where pedestrian pathways cross an internal driveway or curb cut" (p. B-1, Reference Handbook). "Parking areas should not dominate the frontage of streets. Off street parking areas should be located behind buildings or in the interior of a block whenever possible. Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak demand is offset from each other." (p. B-1, Reference Handbook). "Large parking areas should be visually and functionally segmented into several smaller lots" (p. B-1, Reference Handbook). "Undisturbed natural areas and important natural features should be identified during the design process. Unlike suburban and rural areas where there is greater opportunity to preserve large stands of trees, wetlands or hedgerows,the urban area might find a significant focal point within the development to create a distinct sense of place" (p. B-2, Reference Handbook). "Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities" (p. B-2, Reference Handbook). "Building exteriors should have a human scale which helps to relate people to the size of the building. Features that promote human scale would be recessed or projecting entries, individual windows with multiple windowpanes rather than oversized large single panes of glass, balconies, columns or covered walkways, textured or modular building material" (p. B-4). Evergreen Virginia, LLC Agenda Item 5 page 11 of 28 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A portion of the site is located in the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-926 ADT (Based on 33,250 sq ft Auto Dealership and Service Center) Sentara Way Unknown 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3- 1,643 ADT (Based on 59,000 sq ft New Auto Dealership and Service Center Existing Land Use z—926 ADT (Based on 33,250 sq ft Auto South Rosemont 27,100 ADTl 32,700 ADT 1(LOS a Dealership and Service Center) „ Road D ) Proposed Land Use 3- 1,643 ADT (Based on 59,000 sq ft New Auto Dealership and Service Center 1 Average Daily Trips Dealership and Dealership and 2A.s defined by a Service Center Service Center 33,250 sq ft Auto 3As defined by a 4LOS = Level of 59,000 New Auto Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) The site is located off Sentara Way, which connects to Rosemont Road at a signalized intersection. Sentara Way is a two-lane local street. S. Rosemont Road is a four-lane minor urban arterial roadway designated on the City's Master Transportation Plan to be improved to a six-lane divided arterial with a 165' right of way and a bikeway. There are no current CIP projects on Rosemont Road or Sentara Way. There [strikethrough] +s[end strikethrough] was a flyover proposed west of the Rosemont Road and 1-264 interchange. Evergreen Virginia, LLC Agenda Item 5 page 12 of 28 Public Utility Impacts Water There is an existing eight-inch city water main along Sentara Way. Sewer There is an existing eight-inch city sanitary sewer gravity main along Sentara Way. Public Outreach Information Planning Commission • The applicant sent letters to adjacent homeowners advising them of the application on December 30, 2024. • One letter of concern has been received by Staff noting concerns about light and noise pollution, loss of trees and wildlife displacement, and degradation of property values. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2024. • 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, February 4, 2025 and February 11, 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 February 3, 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 February 14, 2025. Evergreen Virginia, LLC Agenda Item 5 page 13 of 28 HYUNDAI BUILDING ADDITION - `" CONCEPT PLAN _.. " PREPARED FOR � CHECKERED FLAG VIRGINIA BEACH,VIRGINIA SITE DATA 77, / z = d k ' •---i- � �.... tea.,,.,...`� �.:�� >� � l ""�°�','i' 1.0---0+ .s — — — — — — — — - Kimley>))Horn CR \ a nl .:iUl rD / ..........:.. .� ,..... .. .. .i. .... .. - i.. , .. ..... .�. n vy,.. i,-..l- .:� r.... _\ � Q OL1 Iv 3 00 Ln n HYUNDAI BUILDING ADDITION - -""'� PRE I -"" PAf�D FOR CONCEPT PLAN O ~ CHECKERED FLAG ,r�rr,r prig «» m VIRGINIA BEACH,VIRGINIA y /� ��+ DATA 11 iIOYMIO.M :owr r.ru.r.i.na. Z" } O ARMY UC s � U�Teumuwoawvxww.r.r.r.r..o IT'llrl tll � � �� AKIN IM K'a woscrae DATA. lm ry A m - • 000o D0000 DO oo a' � AA�� .. v. r R �a0000000 0000 0 oD - o w �, _4 - a. AXIIIIIIIIII1011 It 11 nQK r P UP a C y o O O o ur = A.At[!RIpM ICe11lOr �.m/NAav 1 s rro s. r o D. rxaw.mav r �V 0 0 O 0 O•. r OInNr YIOq °• r:'Ma•rwuw.w.0 m..r. p IXrIR 1 wllCalr MRf01 • r R� "i (}(/L L#n•C A" �"� miiArxr.rrwnwru O r y r Ot1*01 " .- w.nvnrur. 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I < M , RK ,, t LIMA _„�fEt.jEi qr 1 7IN EEE t�t ............. .........:............ 1 �E 43.riE3 Evergreen Virginia, LLC Agenda Item 5 page 16 of 28 Renderings and Elevations 4100' Ail ZSWYVIN1081A YINIOMWAYM Y8Y1N9S(X)LC iv(iNn,kH -ZDV-1=1 ClAdANODHO SNi(1110q:1D1AM1S3H1 01 NOISNWIlCa 7 SNOIIVAON:IM 13 . � �=i� l mill' u 0 Evergreen Virginia, LLC Agenda Item 5 page 17 of 28 Renderings andElevations 11- hig _ &9KZ VIN1081A'H3V3B'AMO79A'AVM V71VPQSOOL£ IdaNnAH VIA (13d3ND9HZ) ONIQ M gZ)IAM3S N1 Ol NOISNVd%3 4 SNONVAONIS Hit Bill �p of 4g` C 4 O Al jI I 1 1 < 'Pi .s E t i - f_ }y F 1 R7 n�. i HIS �I Evergreen Virginia, LLC Agenda Item 5 page 18 of 28 Renderings andElevations WKZ VINIOMIA WW39 VINIOMM'AVM VMVIN9S OOCE IVdNn),H )VIA (1983>1D3H0 ITo ONM71M193JIAM353N1 O1 NOISNVJ)G7 94UIVAON3M �f 1 ; T 4.• Y I { is x 4 - � r � .. , w I I 3. A Evergreen Virginia, LLC Agenda Item 5 page 19 of 28 Renderings and Elevations ITi ' Evergreen Virginia, LLC Agenda Item 5 page 28ofZ8 Site Photos Apr , f a'— pm f> t r> rqi v r k T, e Y { Site Photos tyt �,. �trrxga«�Rt i r s tit ..3 I M- • Site Photos x' f ,Lk` �a . i vAl i �, °��'�' :r,e '.i%�j�' Rom'�". , c,'f ►. s. Disclosure VB- VIRGINIA Disclosure BEACH Statement The disclosures contained In this form are necessary to Inform public offlcfals who may vote on the opiakation as to whether they have a conflict of Werest 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 Clty of Virginia Beach requiring action by the City Councif,boards,commissions,or other bodies. SECTION + DISCLOSURE APPLICANT INFORMATION Applicant Name: EVERGREEN VIRGINIA.L.L.C. as listed on opplicotion Is Applicant also the Owner of the:object property? Yess Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Relueuntathre?Yese NOO If yes,name Representative: KYLE D.KORTE AND BILLY GARRINGTON Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yese• No0 if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 orafflhated business entity relationship with the op licont. Attach list necessary.) STEPHEN M.SNYDER,SEE ATTACHED'EXHIBIT A` Does the subject property have a proposed or pending purchaser?--feso No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an ofRdai or employee of the City of Vkginia aeach have an int st in subject land or any proposed development contingent on the subject public action? Yes Nok if yes,name the obVckd or employee,and describe the nature of their Interest. APPLICANT SERVICES DISCLOSURE REM.,The Applkont 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 Nance entity and/or individual Financing(w"age,deeds of trust, O O TO"4WNK cross-colleteraiizetion,etc.) Real Estate Broker/AgentifliteaItor 0 a Disclosure Statement I rev. May-2024 page i of 3 Evergreen Virginia, LLC Agenda Item 5 page 24 of 28 Disclosure SECTIONDISCLOSURE continued SERVICE ' YES NO SERVICE PROVIDER h Name entity and/or individual) Accounting/TaxReturnPreparation 0 v ArchitedfDesigner/landscape O ��H2�,,�F" -JVW Architect/Land Planner Construction Contractor �(F) 0 EAST WEST CONSTRUCTION En neer/Surve rf t (E) O KiM &440M-AM.EY COAL"AND MID DALLMAN Legal Services WOLCOTT RIVERS GATES-KYLE D.KORTE,ESQ. APPLICANT CERTIFICATION AM.l certify that all Information contained In this Form is complete,true,and accurate.i understand that. upon Mcelpt of notification that the application has been scheduled for public hearing,i am responsible far updating the information provided herein three weeks prior to the meeVng of Planning Commission,City Council,VBDA CBPA,Wetlands Board orany public body orcommittee in connection with this application. 5-IXACA jw ���" (r !t-I S/-Zorn f Applicant Name(Print) Applicant Signature 1 Parent-subsidiary relationship"means"o relationship that exists when one corporation directly or IndirecNy owns sharespassessing 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. a 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,fli) a controlling owner in one entity is also a controlling ownerin the otherentity,or(Ni)there is shared management or control between the business entities.Factors that should be considered In determining the existence of on affiliated business entity relationship include that the same person orsubstantiolly 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 MY USE ONLY: No changes as of(date): 1/19/2025 Alexis Baileys gam, 1/31/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev, M a y-2024~ � page 2 of 3 Evergreen Virginia, LLC Agenda Item 5 page 25 of 28 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property owner Flame: as listed on application EVERGREEN VIRGINIA,L.L.C.and WINNER'S PROPERTIES,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated bu dnesisT yes • MoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subskilary=or affiliated business entity i relationship with the a ikant.IAttoch list If necessary.) lmPHEN M.SNYOER,SEE ATTACHED'EXF@BIT A" 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 Doers an official or employe of the City of VhVnia Beach have an inter•}I in the ubject land or any proposed development contingent on the subject public action? Yes V N*R 11 yes,name the o riot or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certi 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 identped.(Attach list I necessory.) SERVICE YES I NO SERVICE PROVIDER Name entity an or indivi" Financing(mortgage,deeds of trust, O O TOWNEBANK cross-collateralization,etc. Real Estate Broker) nt/Realtor O Account) axReturn Preparation 0 G) Arch itect/DesignerAAndsce pe ,n C0MGT0NHE µpm"��.,BgcpVMM Architect/Land Planner V Construction Contractor (j) 0 EAST WEST CONSTRUCTION Engineer urveyar/Agent • 0 10MLEY-HORN-ASHLEY COALSON AND DAVID DIILLMAN Legal Services Q Q WOLCOTT RIVERS GATES-KYLE D.KottTTE,ESQ. PROPERTY OWNER CERTIFICATION REAd3:i certo;that all Information contained in this Farm 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,VBOA,CBPA, Wetlands Board or any public body or committee in connection with this application. EVEMREEN%WMNK L.L C&FA VMPMRB PROPER7KR UC _ �"t'" r/-.?z-x. Z'/ Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Evergreen Virginia, LLC Agenda Item 5 page 26 of 28 Exhibit A EXHIBIT A List of Winner's Properties,LLC and Evergreen Virginia,L.L.C.Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • EVERGREEN VIRGINIA,LLC • CHECK LEASE,LLC • CAVALIER PROPERTY,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC • 1801 VB BLVD,LLC • 2697 DEAN DRIVE,LLC • 4525 SOUTH BLVD,LLC • 4560 SOUTH BOULEVARD,LLC As of 04/19/2023 Evergreen Virginia, LLC Agenda Item 5 page 27 of 28 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. Evergreen Virginia, LLC Agenda Item 5 page 28 of 28 Virginia Beach Planning Commission January 08, 2025 Public Meeting Item # 05 Evergreen Virginia, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Clerk: Our next item is item number five, Evergreen Virginia, LLC. Ms. Cuellar: Welcome. Mr. Korte: Good afternoon and Happy New Year. My name is Kyle Korte. I'm a local attorney with Wilcott Rivers. I'm here representing the applicant property owner,Evergreen Virginia. This is a modification of existing conditional use permit to expand the existing Hyundai dealership that's on site. I want to thank Alexis Bailey for working diligently with my client and myself and making the conditions and recommended conditions acceptable,all of which are acceptable to the property owner. I've had some follow up discussions with Commissioner Anderson, in which there's been a discussion of increasing and enhancing the landscaping on site,and that's something the property owner is agreeable to enhancing that landscaping more than is depicted in the exhibits in your package. So that is something that can be addressed as we move forward to council. I welcome any questions. Ms. Cuellar: Are there any questions? We can ask the applicant now or Commissioner Anderson? Mr.Anderson: There was something brought up in discussion this morning and City Councilman Berlucci about on site usage of parking with vehicles that is not within accordance,that's approved at this time. Is that actually happening? Mr. Korte: Is that actually,pardon me? Mr. Anderson: Is it actually happening? Is the client parking vehicles on the new site as we speak? Mr. Korte: I guess the new site, 3,700 the portion that we're actually trying to? Mr. Anderson: Correct. Mr. Korte: That is, it's a staging area now for the right now, if you go to the site. They have the existing Hyundai dealership. And then to the east, there's a Genesis dealership that's being constructed. The portion to the west, which is what's at topic today, that has been cleared. It's crushing run, I believe. And it's a staging area for the construction outfit, and, vehicles and such, and they have employee parking that's utilizing that as well because one of the conditions existing on the property that is also going to continue on with this application is even though there's public parking on the street where there's a condition with the application or with our existing permit that prohibits employee parking on Sentara way. So those employees previously were parking on site. They're still parking on site. It's just now some of that parking is on the staging area portion. Mr.Anderson: Okay. Can I get clarification from staff about that question that we talked asked earlier about them being a little apart on that site? Ms.Alcock: I was trying to pull up a plan because if it is a part of the site plan and it is called out on the approved site plan as a staging area,as long as it's not being used as display area for the car dealership,there shouldn't be an issue. But we'll send somebody out just to double check. Mr. Anderson: Okay. Thank you. Yeah, it was a concern for council. Mr.Korte: Understood. No,absolutely. I'm,I'm sure everything's as it should be,but I do know as a fact that there are construction vehicles out there and employees are utilizing that space. Mr. Anderson: Okay. Mr. Korte: Any other questions? Ms. Cuellar: Thank you, Commissioner. Commissioner Plumlee? Mr.Plumlee: Just quickly. I had raised that question also and I think Mr. Garrington who's also assisting on this indicated that those cars were being parked not for sale. They weren't part of the sales operation. They were part of the employees working there or whatever staging that you're talking about. But it was not that was a car lot with cars for sale. Is that,was just hoping to clear that up? Mr. Korte: I'll defer it. Mr. Garrington said it. Mr. Plumlee: That's after we had the informant brought it up and that's what he indicated to me. I was most curious about because this is a big site. Right now you're talking about a little addition to a very big site with a large operation. There's a lot of employees. There's a lot of business that's being generated at this location. Can you describe what the overall effort is? Hyundai world or what? What? I can't remember seeing. I saw the sign there for what is being developed there. What's the purpose? Mr. Korte: Okay. You'll see in the application there's two phases. The initial phase increases the size of the showroom and increases some service bays, and there's renderings and everything. We can go through them,but they're in there, it's a right around a 13,000, I think, 489 square foot increase to the building in one place, roughly 1,600 square foot somewhere else, and then a car wash kind of towards the portion that faces 264, and that's phase one. Phase two also increases the building. And phase one would be pretty much immediate. As soon as assuming that the approvals is obtained. I think it's full steam ahead. Phase two,there's no time frame. Mr. Plumlee: And there's no other additional properties out there that are under the control of this owner that are intended for additional development. With this additional parking area,this is what's contemplated. Mr. Korte: You mean just adjacent to this not in Virginia Beach, but just adjacent to this. Mr. Plumlee: Just this lot. Yeah. In whole,this parcel in whole. There's no other piece of land to be brought up to consider that you're aware of for us. It's going to change, or increase the intensity of this use beyond what's there? Mr. Korte: No. I can confirm that the checkered flag related entities don't control any other parcels. And they're not under contract or letters of intent or anything for any other parcels adjacent to these. Mr. Plumlee: Okay. Yeah. That's, I just wanted to get a book into that this was really finishing out this entire site. And that's, I just wanted to be assured that, that's that was what was on my mind. Mr. Korte: No, and I can certify that for you. Mr. Plumlee: Okay. Thank you. Ms.Cuellar: Are there any other questions for the applicant? Okay,thank you so much. Madam Clerk,do we have any speakers on this item? Ms. Clerk: Not at this time, no. Ms. Cuellar: Then I open up the floor for discussion and a motion. Mr.Plumlee: I'll make a motion to approve this application that's submitted. This is an area that's an SGA. This is not going along with a lot of the comp plan indicators for this SGA,but if you go into that location, it is built out. There's not much to do there. This is good business being generated for our community. This has been a good player in the community,so I'm for that reason wanting to support this project. Ms. Cuellar: Thank you. Ms.Hippen: Second. Ms. Cuellar: I heard that Commissioner Hippen came in with the second. Is there any further discussion? Commissioner Mauch? Mr. Mauch: In my notes, I just have something written down about landscaping that we had discussed, and I didn't have the question, but I just wanted to bring it up and bring it up in case anybody wanted to talk about the landscaping that's currently there. Ms. Cuellar: Commissioner Anderson,do you have any insight on that? Mr.Anderson: Yeah. The applicant brought it up, said that we were discussing,we would be in discussions of proper landscaping, but if it gets approved before city council vote, if I'm not mistaken. Ms. Cuellar: Okay. Mr. Quarte, is that correct? Mr.Korte: Yes, ma'am. Ms. Cuellar: Thank you very much. Commissioner Parks. Mr.Parks: One other item,I just want to make sure that we talked about in the informal was the lighting study that I know is going to be a critical piece moving forward since that was quite a bit of the opposition,but that will be addressed when the final site plan goes through, correct? Ms. Cuellar: Mr. Quarte,would you be kind enough just to come back? Thank you. Mr. Korte: Mr. Parks. That is correct. The lighting, there were some historically some issues with the lighting. Those were corrected. The site plan and the approvals as we move forward will address that issue, and make sure they're in compliance with city code. Mr. Parks: Thank you. Ms. Cuellar: Seeing no further discussion. Are there any commissioners who are abstaining on this item?Thank you very much. Hearing none,we have a motion on the floor to approve, made by Commissioner Plumlee, seconded by Commissioner Hippen. The vote is open. Ms. Clerk: By a recorded vote of 11 to 0, item number 5,Evergreen Virginia,LLC, has been recommended for approval. Vote Tall AYE 11 NAY 0 ABS 0 ABSENT 0 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. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on August 16, 2022, and shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Hyundai Building Addition—Concept Plan;" dated December 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be in substantial conformance with the submitted landscape plan entitled, "Hyundai Building Addition—Concept Plan;" dated November 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. 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. 5. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 6. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 7. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 8. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 9. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word—Floor Plan—Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 10. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 11. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 12. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department.The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 13. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 14. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach,Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 15. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 16. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 17. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m.to 10:00 p.m. 18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 21. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 22. The use of an outdoor amplified speaker or paging system shall be prohibited. 23. There shall be no signs which 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.There shall be no portable or nonstructural signs, or electronic display signs on the site. 24. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 25. No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 26. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 27. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 28. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above.The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 30. On-street employee parking shall be prohibited 31. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Mike Alberti To: Alexis Bailey Subject: Re:Evergreen Virginia,LLC-request to expand car dealership Date: Wednesday,January 1,2025 11:49:22 AM 'CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments Iunless you recognize the sender and know the content is safe. Dear Ms. Bailey and the Planning Commission members, I am a homeowner in District 3 across from the 3700& 3736 Sentara Way address of the Checkered Flag Hyundai World car dealership. We received a letter from the planning administration for our opinions and would respectfully like them represented in absentia for the Wednesday,January 8th Public Hearing. For reference my home is on the south side of Presidential Blvd. Any notes here are substantially worse for my neighbors on the North(odd- numbered) side where Presidential parallels Sentara Way. The ongoing and potential future impacts of this dealership's operations on our neighborhood are quite troubling for the following reasons: 1. Light and Noise Pollution: The dealership's operations already create significant disturbances,particularly during late-night hours. Large lights flood the entire premises 24 hours a day 7 days a week. Throughout the night an automated security system loudspeaker belts out a repeated message about trespassing and cameras monitoring the lot. This happens dozens of times per night. It is notably louder with the recent razing of the trees in the 3736 lot. The southern side of the dealership also routinely, after business hours,pressure washes vehicles which produces a noticeable and distracting noise. 2. Loss of Trees and Wildlife Displacement: Over 122,000 sq. ft. of established forest was lost 2024 on this lot. This development was met with opposition from neighborhood homeowners due to similar concerns which are now amplified. Losing this natural buffer between the dealership and nearby residences,which includes families on Presidential Blvd as well as the Rosemont Health and Rehab facility on Sentara way,degrades the aesthetic appeal of our neighborhood, diminishes air quality, and forcibly relocates local wildlife. Further expansion would be a loss not only to the local environment but also to the community's character. 3. Degradation of Property Values: Expanding the dealership or altering its operations will likely result in further degradation of property values on Presidential Blvd. Constant noise, glaring lights, and increased traffic detract from the desirability of the neighborhood and undermine the investments homeowners like myself have made. A petition was circulated and signed by residents prior to the earlier approval (circa 2022) which could be confidently applied to this circumstance as well. With certainty,there are no residents of Presidential Blvd. or Bentley Gate Way which support expansion of the car dealership. The letter received from the Planning Commission did not indicate the details nor scale of the latest application,however, I urge the commission to represent residents'views and spirit of this letter. If this proposal is approved, I request that the commission implement strict conditions to mitigate the adverse effects on the neighborhood. These conditions could include limitations on operating hours, installation of noise barriers, downward-facing and motion- activated lighting,and preservation or replacement of trees removed during the project. I appreciate the commission's role in balancing the interests of business development and residential well-being. Thank you for considering this letter, and I hope the commission will prioritize the quality of life for residents in its decision-making process. Sincerely, Michael Alberti,et al 116 Presidential Blvd Virginia Beach,Virginia Wolcott I Rivers I Gates ATTORNEYS AT LAVA Kyle D.Korte,Esq. 200 Bendix Road,Suite 300 Hanna Bowden P:(757)554-0245 Virginia Beach,VA 23452 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 1 F:(757)497-7267 P:(757)497-6633 korte(a)wohiv.com www.wolcottrivcrsgates.com hbowden(a wolriv.com December 30, 2024 VIA LISPS FIRST-CLASS MAIL 129 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner"). The Owner filed an Application for Modification of Conditions(the"Application") with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow forthe expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions relatedto the Application,or ifyou wish to obtain additional information,please do nothesitate to contact my office at(757) 554-0245 or by email at korte ,(wolriv.com. Very sincerely yours, K le D. orte KDK/heb Wolcott I Rivers I Gates quadient ATTORNEYS AT LAW FIRST-CLASS MAIL Q 200 Bendix Road, Suite 300 IMI$noo.69 o O Virginia Beach,VA 23452 12/30/2024 ZIP 23452 r 043M31248352 U) 129 Presidential Blvd. Virginia Beach,VA 23452 KDK Wolcott I Rivers I Gates ATTORNEYS AT LAW 200 Bendix Road Suite 300 Kyle D.Korte, Esq. c Beah VA23452 Hanna Bowden Virginia P:(757)554-0245 p:{757)49 Bea , (757)497-7267 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 korw@wolriv.com www.wolcottriversgates.com hbowden@wolriv.com December 30, 2024 VIA USPS FIRST-CLASS MAIL 125 Presidential Blvd. Virginia Beach,VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner'. The Owner filed an Application for Modification of Conditions(the "Application") with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions relatedto the Application,or if youwish to obtain additional information,please do nothesitate to contact my office at(757) 554-0245 or by email at korte:,.wolriv.com. Very sincerely yours, Kyle . rte KDK/hcb Wolcott I Rivers I GatesWirt quadient W YS ATTORNE AT LAW FIRST-CLASS MAIL llul I 200 Bendix Road, Suite 300 �nao.�� o !ram Vi rginia Beach,VA 23452 V 12/30/2024 ZIP 23452 043M31248;352 125 Presidential Blvd. Virginia Beach,VA 23452 KKK Wolcott I Rivers I Cates ATrO KEYS AT LANV Kyle V.Korte,Esq. 200 Bend ix Road,Suite 300 Hanna Bowden P:(757)554-0245 Virginia Beach,VA 23452 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 1 F:(757)497-7267 P:(757)497-6633 korte(a)wolriv.com www.wolcottriversgates.com hbowden(a wohivxom December 30,2024 VIA USPS FIRST-CLASS MAIL 121 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner). The Owner filed an Application for Modification of Conditions(the"Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to 10:04pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have fire opportunity to ask questions and obtain additional information related to the Application. If you have questions relatedto the Application,or if you wish to obtain additional information,please do nothesitate to contact my office at(757) 554-0245 or by email at korte.�_wolriv.com. Very sincerely yours, Ky rte KDK/heb Wolcott I Rivers I Gates Y. quadient W ATTORNEYS AT LAW FIRST-CLASS MAIL . � 200 Bendix Road, Suite 300 IMI� 0 000'�9 Virginia Beach, VA 23452 $ 0/2024 ZIP 23452 043M31248352 121 Presidential Blvd. Virginia Beach,VA 23452 KOK Wolcott I Rivers I Gates ATTORNEYS AT LAW Kyle D.Korte,Esq. 200 Bendix Road,Suite 300 Hanna Bowden P:(757)554-0245 Virginia Beach,VA 23452 ,assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 1 F:(757)497-7267 P:(757)497-6633 korte(@,wolriv.com www.wolcottriversptes.com hbowdent7a,wolriv.com December 30, 2024 VIA USPS FIRST-CLASS MAIL 117 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner'. The Owner filed an Application for Modification of Conditions(the"Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions relatedto the Application,or if youwish to obtain additional information,please do nothesitate to contact my office at(757)554-0245 or by email at korte:.= wolriv.com. Very sincerely yours, Kyl 6. orte KDK/heb Wolcott I Rivers I Gates . . . quadient Ui ATTORNEYS AT LAW FIRST-CLASS MAIL H 200 Bendix Road, Suite 300 IMI:�000.�9�Virginia Beach,VA 23452 ■. ¢ 12/30/2024 ZIP 23452 043M31248352 117 Presidential Blvd. Virginia Beach,VA 23452 KDK Wolcott I Rivers I Gates 200 Bend ix Road,Suite 300 Kyle D.Korte,Esq. Virginia Beach VA 23452 Hanna Bowden P:(757)554-0245 Assistant to Kyle D.Korte,&q. F:(757)554-0248 P:(757)497-6633 F:(757)497-7267 P:(757)497-6633 korte{a�wohiv.com www.wolcottriversgates.com hbowden@wolriv.com December 30, 2024 VIA USPS FIRST-CLASS MAIL 113 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner"). The Owner filed an Application for Modification of Conditions(the"Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealers* and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:O0am to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions relatedto the Application,orifyouwish to obtain additional information,please do nothesitaie to contact my office at(757) 554-0245 or by email at korte,i wolriv.com. Very sincerely yours, Kyle D.Rorte KDK/heb Wolcott I Rivers I Gates . : quadfent ATTORNEYS AT LAW FIRST-CLASS MAIL IMl 200 13endix Road,Suite 300 ���0.�9 g Virginia Beach,VA 23452 12130l2024 ZIP 23452 N Ck 043M31248352 113 Presidential Blvd. Virginia Beach,VA 23452 KDK Wolcott I Rivers I Gates A1'TOR.NEYS Ar LAw Kyle D.Korte,Esq. 200 Bendix Road,Suite 300 Hanna Bowden P:(757)554-0245 Vft&ia Beach,VA 23452 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 1 F:(757)497-7267 P:(757)497-6633 korte(a),wohiv.com www.wolcottriversgates.com hbowden@wohiv.com December 30, 2024 VIA USPS FIRST-CLASS MAIL 109 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Ownel'�. The Owner filed an Application for Modification of Conditions(the "Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealeiship and Service Center to allow forthe expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/etnployee/service and 159 will be used for display. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to I0:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions related to the Application,or if youwish to obtain additional information,please do not hesitate to contact my office at(757) 554-0245 or by email at korte,a-)wolriv.com. Very sincerely yours, Kyle D.Korte KDK/heb Wolcott I Rivers I Gates quadient ATTORNEYS AT LAW FIRST-CLASS MAIL 200 Bendix Road, Suite 300 IMt 0 Virginia Beach,VA 23452 $000.69" 12/30/2024 ZIP 23452 g 043M31248352 109 Presidential Btvd. Virginia Beach,VA 23452 KDK Wolcott I Rivers I Gates ATTORNEYS AT UM 5 200 Bendix Road,Suite 300 Hanna Bowden Kyle D. 54-0245 Virginia Beach,VA 23452 P:(757) 54-0 p; (757)497-6633�F:(757)497-7267 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 korte@wolriv.com www.wolcottriversgates.com hbowden@,wohiv.com wohiv.com December 30, 2024 VIA LISPS FIRST-CLASS MAIL 105 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner). The Owner filed an Application for Modification of Conditions(the "Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:OOam to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions related to the Application,or if youwish to obtain additional information,please do not hesitate to contact my office at(757) 554-0245 or by email at korte •r wolriv.com. Very sincerely yours, Kyle D. orte KDK/heb Wolcott I Rivers I Gates quadient � ATTORNEYS AT LAW FIRST-CLASS MAIL N 200 Bendix Road, Suite 300 't {M' 0 t Virginia Beach,VA 23452 $000.69 12/30/2024 ZIP 23452 '` - 043M31248352 105 Presidential Blvd. Virginia Beach,VA 23452 KoK Wolcott I Rivers I Grates ATTORNEYS AT LAW Kyle D.Korte,Esq. 200 Bendix Road,Suite 300 Hanna Bowden P:(757)554-0245 Virginia Beach,VA 23452 Assistant to Kyle D.Korte,Esq. F:(757)554-0248 P:(757)497-6633 1 F:(757)497-7267 P:(757)497-6633 korte@wolriv.com www.wolcottriversgates.com hbowdengwolrivxom December 30, 2024 VIA USPS FIRST-CLASS MAIL 101 Presidential Blvd. Virginia Beach,VA 23452 Re: 3700 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 Sentara Way,Virginia Beach,VA 23452(the"Owner'). The Owner filed an Application for Modification of Conditions(the "Application")with the City of Virginia Beach,which requests modification of the existing conditions related to the Hyundai Dealership and Service Center to allow for the expansion of the existing building.The proposed expansion will also include an additional 215 parking spaces,of which 56 will be used for customer/employee/service and 159 will be used for display.All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. The hours of operation will remain from 7:00am to 10:00pm, seven days per week. The Owner requested that I mail this correspondence so all adjacent homeowners would have the opportunity to ask questions and obtain additional information related to the Application. If you have questions related to the Application,or if you wish to obtain additional information,please do not hesitate to contact my office at(757) 554-0245 or by email at korte, wolriv.com. Very sincerely yours, /-KP Kyle D. Korte KDK/heb Wolcott I Rivers I Gates quadile-nt W ATTORNEYS AT LAW FIRST-CLASS MAIL Q 200 Bendix Road, Suite 300 Iml Virginia Beach,VA 23452 $000.69 2 12/3012024 ZIP 23452 043M3124E352 Cn 101 Presidential Blvd. Virginia Beach,VA 23452 KOK '''" � s� — 5675j HYUNDAI BUILDING w+� — _ ADDITION - ` CONCEPT PLAN PREPARED FOR °• WAND —-- CHECKERED FLAG , �n NZ MR AMsmwr(ro „w�rc,�,aam� (--m� �Dmop �, � VIRGINIA BEACH,VIRGINIA m.." gh cl 11 �. 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GP.#PW SCALE w FEET 10 O000 0000 r o ' • SO 1 • M e NORTH B o srF 1• 100' DATE PROPOSED sDEWAII( BIERM TO MATCHPROPERTY UNE E)OSTING +•vim EwsTNc SN)EWALK _..,.,. ram, ,,,,-..— 12/03/2024 - Li u LiKimley>>>Horn 1 O 2024 NM/LEY-HORN AND ASSOCIATES.INC. 4525 MAIN STREET.SUITE 1D00,YIRGNIA BEACH,VA 23462 PHONE: 757-213-8600 WWW.KIMLEY-HORN.COM Thia document,[oq.thw rllh the concept.and 4AMRn.m t.hwBLt.cA an inetrumant of AA-1-4 W1 dAd only for lh.-Mc pu,po.•and client fo,rhich 11 roe m NNI.R—of and imp, relic...m NI,dowmmt rllhwt wiltm wthPHletim and—ptati-By NR ,I Hwn and A.Aod.tAA.Inc.Fhdl IN,without Ibbillty to Niml.y-Hom and AAAocbin,Inc. 'R7.5-R7..5 R7.5 R7:5 R7,. R7-5 R7.5 R7,,5 o RT 5 R7�5 0 7 5 R7,.5� CP U - -'S �o � o Gas C� o A a • e . o v . � Q e- CDo a � EDa � o 1-0—, R�10AG2 AG2 �-Rro I \ \ o R1=0 R10-Rose Petal Court R5D R,5D v� , ° R10 o o� o R7.SRT.5 a 1 Q o ,o R10 N Knosos, LLC W E ® site Parcel directly south S Property Polygons of 2832 Bald Eagle Road Zoning Feet Building 0 3060 120 180 240 300 360 ,a(�NE1Cy. �SF 4,L• :a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KNOSOS, LLC [Applicant & Property Owner] Conditional Rezoning (AG-1 Agricultural District to Conditional R-7.5 Residential District) for the parcel directly south of 2832 Bald Eagle Road (GPIN 1495505126). COUNCIL DISTRICT 2 (Henley) MEETING DATE: February 18, 2025 ■ Background: The applicant seeks to rezone a 2.45-acre parcel from AG-1 Agricultural District to Conditional R-7.5 Residential District to develop an eight-lot subdivision with seven single-family lots and one stormwater management lot with a resulting density of 2.85 units per acre. The site, which is undeveloped and heavily wooded, is located within the Holland Pines Neighborhood along Bald Eagle Road. One vehicular ingress/egress will be provided along Bald Eagle Road. The proposed lots meet all dimensional requirements for the R-7.5 Residential District. The Subdivision Ordinance requires 10% of open space for proposed residential subdivisions with lot sizes ranging from 7,500 sf to 9,999 sf. Based on the proposed subdivision, 10,672 square feet of open space would be required to serve the seven proposed single-family lots. Section 4.5(b) of the Subdivision Regulations allows for the open space requirement to either be waived or for other alternatives to be considered when the required open space is less than half an acre and would serve no useful public purpose. As such the applicant is requesting for Council to allow for a cash-in-lieu payment in place of the dedicated open space. If approved, the amount of the required payment would be determined during the site plan review process and the Department of Parks & Recreation would bring the final terms of the agreement back to City Council, which would include the payment amount, in accordance with the City's Cash in Lieu of Park Reservation Policy. The proposed home styles provide high quality and attractive buildings that are consistent with the surrounding area. As proffered, materials will consist of a combination of high-quality architectural shingles, HardiPlank, stone, brick, premium beaded vinyl siding, fiber cement siding, and/or wood. ■ Considerations: Staff finds the proposal to be in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area which focuses on creating and maintaining great neighborhoods. Knosos, LLC Page 2 of 3 The site is located in the 65-70 dB DNL noise zone, Sub-Area 2, and was considered by the Joint City-Navy Review Process (JRP) Group. The proposed density of 2.85 units per acre complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ Restrictions and was found to be an acceptable density for this property and is lower than the surrounding densities in this area. Three speakers in opposition to the request were present at the public hearing. Two letters of opposition and one petition of opposition with 21 signatures were received by staff noting concerns with preservation of community character, environmental impact concerning maintaining natural habitats for wildlife and the environment, decrease in property values, increase in traffic, and possible strain on local infrastructure and public services with the influx of new residents. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Proffer 1: When the property is developed, it shall be as a single-family subdivision with no more than eight (8) lots, with seven (7) single-family dwellings substantially in accordance with the Preliminary Subdivision Plan designated "PRELIMINARY SUBDIVISION PLAN KNOSSOS SUBDIVISION", dated 11/25/24, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan") which are incorporated herein by reference. Proffer 2: Each new home shall contain a minimum of 2,700 square feet of living area and at least a one (1) car garage. Proffer 3: The architectural design of the residential dwellings will be substantially as depicted on elevations and renderings, each dated September 18, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference. The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of architectural shingles, hardiplank, stone, brick, premium beaded vinyl siding, fiber cement siding, and/or wood. Proffer 4: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Knosos, LLC Page 3 of 3 Proffer 5: Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter(s) of Opposition (2) Petition of Opposition (21 Signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: W Agenda Planning Commission ' • 2025 VB� CouncilCity Project Details Request Conditional Rezoning (AG-1 Agricultural to Conditional R-7.5 Residential) Swille Gxdee Way Staff Recommendation Approval m Staff Planner Marchelle Coleman Location Parcel directly south of 2832 Bald Eagle Road 0 e GPIN 1495505126 Site Size ._ 2.45 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Wooded parcel/AG-1 Agricultural e Surrounding Land Uses and Zoning Districts Norths P"' Single-family dwellings/ R-7.5 Residential South t. r� �'" ' Single-family dwellings/ R-10 Residential ��; East Single-family dwellings/R-7.5 Residential West Bald Eagle Road Religious use, single-family dwellings/AG-2 Agricultural, R-7.5 Residential Knosos, LLC Agenda Item 1 page 1 of 16 Background SummaryofProposal • The applicant is requesting to rezone this 2.45-acre parcel from AG-1 Agricultural District to Conditional R- 7.5 Residential District to develop an eight-lot subdivision with seven single-family lots and one stormwater management lot with a resulting density of 2.85 units per acre. • The 2.45-acre site is located along Bald Eagle Road, within the Holland Pines neighborhood, and is currently a vacant, heavily wooded lot. • The eight proposed lots will meet all dimensional requirements for the R-7.5 Residential Zoning District. • One vehicular ingress/egress point for the new subdivision is proposed along Bald Eagle Road. • The proposed house styles for the eight-lot subdivision depict dwellings comprised of a combination of high-quality architectural shingles, HardiPlank, stone, brick, premium beaded vinyl siding, fiber cement siding, and/or wood. • Per Section 4.5 of the Subdivision Regulations, 10% (approximately 10,672 square feet) of open space shall be reserved to serve residents of residential developments with lots sizes ranging from 7,500 square feet to 9,999 square feet. In instances where the resulting area to be reserved for recreational purposes would be less than one-half acre and would serve no useful public purpose, Section 4.5(b) of the Subdivision Ordinance allows for the consideration of an alternative to the dedication, to include a cash payment in lieu of the open space dedication, if it is mutually agreed to by the city council and the developer. Since the open space dedication required for this proposal is less than one-half acre, the applicant is requesting to provide a cash payment in lieu of the open space dedication. • The site is located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). The Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density similar to or lower than that of surrounding properties and conform to the applicable provisions of the Comprehensive Plan. On December 11, 2024, the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. The proposed density of 2.85 units per acre is lower than that of the surrounding properties; therefore, the JRP Group did not raise any objections to this request. • While not required, the applicant submitted a Phase 1 Environmental Site Assessment for review. The assessment revealed no evidence of recognized environmental conditions connected with the property. Knosos, LLC Agenda Item 1 page 2 of 16 Zoning • Map Key No. Request R!,q a '� ^j�` � r? R=5- CUP (Religious Use-Church Expansion) Approved 07/14/2015 �' 2 ,�. MDC(Portable structure for Day Care)Approved 10/13/2009 i,. CUP(Religious Use)Approved ,s �" 04/11/1988 2 CRZ (AG-1 &AG-2 to Conditional R- : . ; y... 7.5)Approved 01/25/1994 3 CRZ(AG-1 &AG-2 to ConditionalR- AG2 o r 10) Approved 04/24/1989 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 - • • . • The proposal for infill development of seven single-family dwellings is, in Staff's opinion, acceptable.The proposed density of 2.85 units per acre is lower than that of the surrounding area, which ranges between 3.5 to 4 units per acre.As determined by the JRP Group, the proposed density meets the requirement of the AICUZ regulations for residential development within the 60-70 dB DNL, Sub-Area 2.The proposal also meets the recommendation of the Comprehensive Plan for compatible infill development to maintain "great neighborhoods". The site is located in the Southern Rivers watershed and a narrative was provided by the applicant that indicates the strategy proposed to address water quality and quantity on the property.The proffered conceptual site plan shows the cul-de-sac development with a stormwater retention pond located at the front of the development. Staff has reviewed the conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and no concerns were raised with the proposed layout and circulation. Further review will be conducted during the final site plan review process. Knosos, LLC Agenda Item 1 page 3 of 16 In addition, information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students generated with this development will be within the acceptable threshold for increases in student population. Based on these considerations, Staff recommends approval of the rezoning application as proffered. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the property is developed, it shall be as a single-family subdivision with no more than eight (8) lots, with seven (7) single-family dwellings substantially in accordance with the Preliminary Subdivision Plan designated "PRELIMINARY SUBDIVISION PLAN KNOSSOS SUBDIVISION", dated 11/25/24, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan")which are incorporated herein by reference. Proffer 2 Each new home shall contain a minimum of 2,700 square feet of living area and at least a one (1) car garage. Proffer 3 The architectural design of the residential dwellings will be substantially as depicted on elevations and renderings, each dated September 18, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference. The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of architectural shingles,hardiplank,stone,brick,premium beaded vinyl siding,fiber cement siding, and/or wood. Proffer 4 The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5 Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Knosos, LLC Agenda Item 1 page 4 of 16 Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. (p. 1-61, Comp Plan Policy Document).Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. (p. 1-61, Comp Plan Policy Document). Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Compatible infill development is recommended to maintain "great neighborhoods" (p. 1-61, Comp Plan Policy Document). 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. No historical or cultural resources would be affected by this proposal. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z--0 ADT Bald Eagle Road No Data Available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-70 ADT 1 Average Daily Trips 'As defined by a 2.45- 'As defined by seven 4LOS = Level of acre vacant lot single family Service dwellings Master Transportation Plan(MTP)and Capital improvement Program(CIP) Bald Eagle Road in the vicinity of this site is a two-lane local street. There is currently no capital improvement project scheduled for this segment of Bald Eagle Road. Knosos, LLC Agenda Item 1 page 5 of 16 Stormwater • Project Stormwater Design Staff Summary Stormwater runoff from the site currently sheet flows towards the public drainage system in Bald Eagle Road. Stormwater runoff from the proposed buildings and right-of-way improvements will be collected into a stormwater detention facility that will treat for both water quality and water quantity before discharging into the public drainage system in Bald Eagle Road.The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite stormwater management facility. Based on the information provided by Gaddy Engineering Services, LLC. in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual Stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 2.45 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 1.28 acres Stormwater Management Facility Design Information Type of facility proposed: Dry Detention Basin Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge directly into the public drainage system in Balde Eagle Road. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through the public pipe system east into West Neck Creek, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water City water is available for connection. There is an existing eight-inch City water main along Bald Eagle Road. Sewer City sanitary sewer is available for connection.There is an existing eight-inch City sanitary sewer gravity main along Bald Eagle Road. Knosos, LLC Agenda Item 1 page 6 of 16 School • . School Current Capacity Generation 1 Change ' Enrollment Christopher Farms Elementary 631 students 714 students 2 students 2 students Landstown Middle 1,267 students 1,415 students 1 student 1 student Landstown High 2,212 students 2,373 students 1 student 1 student 1"Generation" represents the number of students the development will add to the school. Z"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). PublicOutreach Information Planning Commission • The applicant notified the surrounding property owners and invited them to a meeting to be held at the Princess Anne Library on Saturday December 28, 2024 from 11:00 a.m. to 12:00 noon. The applicant reported that 11 people were in attendance. All of the attendees backed up to the project site and discussed concerns with the removal of trees behind their homes. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2024. • 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, February 4, 202.5 and February 11, 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 February 3, 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 February 14, 2025. Knosos, LLC Agenda Item 1 page 7 of 16 Proposed ConceptualLayout ei11 r -_... VINIONIA'HOWBe VINIOUTA t u •'9 X^ :aK:�; 9S 1S-09.96V1 NIdE) t NOISWOB(1S SOSSON)I �s' NY1d NOISIA10ans AvvNinna 1d V - iY Y i ° vv;u i i Y'SINR4: t U4 • a x n5Y4■ + e i z n n u r n n I• >, n s c a i `s s 4 g• � �es � �n` * Ii 9Y45 Y� lSU 9Y: y3lCl4 s Cyp ��� �EL � = � i � a � in �ii 7:= - •i a��` iaistt � r �� i � 85 ��^ g�'sl + m 6 7� �►t- c viol-, r, e s c e A. I I; �� 3i 1• ti it i Iluto ti. � I s = P it oil e � v t Knosos, LLC Agenda Item 1 page 8 of 16 Y Proposed Elevations for Otter Model r -- -73:CA:--'--- n n " [a �J C: icuF-n - r _n< n " EEll. [❑_:_. pp [e a<•a c- ac-a IF—--------- F ". ========= ------ =-= --- =------- --_- ___ _--_- ,a pp LLOII c W 5-• ;`-.'`7r7 R7t R".'io-9M4 `tiik'V i• u- a--[-r.uu m� r `.;y.�'F�i�Fki'`;k-67rr'.',r•-� �k�`'y trnr[ F...c'[fit. ` F ,"ETMY4t1 Er"4P'R- df 41 e Ai�t 1 Knosos, LLC Agenda Item 1 page 9 of 16 Proposed Elevationsfor • • E —.--.--.--.---- .--.--.--.--.— �rt� ___ ertl li /11 - uf---]ff ----�J _ 'mjll� __ cI� �J LU _ I I oOW E-`ElE-n -17 -lE AL -n It -n 1W -h X L -n C 7 Id HJ F T ELE-n 1TE -lE H l -n ------- C -� rnx:. a Knosos, LLC Agenda Item 1 page 10 of 16 Proposed Elevations for Thor Model -- - iz. ® ---------- ---------- --- —--------I I >IyE L.--.--.--.-1'—--------- —.— --.------------- tsa W n x T. lal w I I _ ❑® M1 no 1 E EIF-T _ pE,T EM i I � I ------- -- - - -------- .., ., In El 01 ---------------- Im- F- COS IEEEE-T EE I ® I I 1 rT- lc.!E.T EE N 1, Knosos, LLC Agenda Item 1 page 11 of 16 Proposed Building Renderings M. q * i 17 7E Wa 2 roposed 2 Story Dwelling and Frame Single atnily Dwelling Concept:Materials include ardie plank Siding.Brick skirt,30 yr. chitectural Asphalt Shingles,and Vinyl indows.Buyer options include brick or stone ccents. 09/18/2024 �r oposed 2 Story DwellinS and Frame Stng a rami y Dwe ing 'oncept:Ittatenals include Itardie Is Sidi ,Brick skln, O yr.Architectural Asphalt Shingles,and Vinyr Windows. uyer options include brick or stone accents. 09/18/2024 Knosos, LLC Agenda Item 1 page 12 of 16 Site Photo r .a i r^ b page of • Disclosure Statement do wreoerificatlon BEACHCITY OF Disclosure VIRGINIA Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Knows LLC 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®No() If yes,name Representative: Michael Gaddy;Gaddy Engineering 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 1 or affiliated business entity-relationship with the applicant. (Attach list if necessary.) imitrios Manousos;Manousos Enterprises Inc./Thira Developement LLC Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an inte est in a subject land or any proposed development contingent on the subject public action? YesU No� if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc. Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Knosos, LLC Agenda Item 1 page 14 of 16 Disclosure SECTIONAPPLICANT DISCLOSURE • e• SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape ® O Mike Gaddy Architect/Land Planner - - -- -- Construction Contractor 0 Engineer/Surveyor/Agent ® 1 0 Mike Gaddy Legal Services ® 1 0 Kevin Brunick 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,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. tlo 3ver�kd Dimitrios Manousos � rgy�f, y 011111243:11 PMEDT 09/11/2024 cuiuucwanxzusrcD Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 1/29/2025 Marchelle L. Coleman 1/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Knosos, LLC Agenda Item 1 page 15 of 16 • 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. Knosos, LLC Agenda Item 1 page 16 of 16 KNOWS,LLC., a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of November, 2024, by and between KNOSOS, LLC, a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.45 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to collectively as the"Property"; and WHEREAS, the party of the first part as the purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 Agricultural District to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and Prepared By:Kevin M.Brunick,Esq. GPIN#: 14955051260000 VSB#18826 2101 Parks Avenue,Suite 500 Virginia Beach,Virginia 23451 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Conditional R-7.5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which as a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantee,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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns,grantee, and other successors in interest of title: 1. When the property is developed, it shall be as a single-family subdivision with no more than eight (8) lots, with seven (7) single family dwellings substantially in accordance with the Preliminary.Subdivision Plan designated "PRELIMINARY SUBDMSION PLAN KNOSSOS SUBDIVISION', dated 11/25/24, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan") which are incorporated herein by this reference. 2. Each new home shall contain a minimum of 2,700 square feet of living area and at least a one (1)car garage. 3. The architectural design of the residential dwellings will be substantially as depicted on elevations and renderings, each dated September 18, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by this reference. The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of architectural shingles, hardiplank, stone,brick,premium beaded vinyl siding, fiber cement siding,and/or wood. 2 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and(b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suite, or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. WITNESS the following signature and seal: GRANTOR: KNOSOS, LLC a Virginia limited liability company By _. SEAL Title: Dimitrios Manousos, Mana�_,ino Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The forgoing instrument was acknowledged before me this 27th day of November, 2024, by Dimitrios Manousos, Managing Member of KNOSOS, LLC, a Virginia limited liability company, Grantor. Notary Public FKEVIN MICHAEL BRUNICKMy Commission Expires: June 30, 2026NOTARY PUBLIC NO Re iStratiOn NO: 7981795 ISTRATION#7981795 g ONWEALTH OF VIRGINIA SSION EXPIRES JUNE 30.202fi 4 EXHIBIT"A" LEGAL DESCRIPTION BEGINNING AT A PIN ON THE PROPERTY LINE BETWEEN SITE NO. 5 AND SITE NO. 6, AS SHOWN ON "SURVEY FOR W.W. SAWYER OF THE 1 ARGRAVE TRACT ON THE HOLLAND ROAD"AND DULYRECORDED IN THE CLERK'S OFFICE OF PRINCESS ANNE COUNTY COURT IN MAP BOOK 1, AT PAGE 6A, LOCATED APPROXIMATELY 478.5 FT.+/- EAST OF THE SOUTHWEST CORNER OF SITE NO. 5 AND THE EASTERN RIGHT OF WAY OF HOLLAND ROAD, SAID POINT OF BEGINNING ALSO BEING THE NORTHWEST CORNER OF LOT 5, SUBDIVISIONOF HOLLAND PINES, SECTION ONE AND THE EASTERN RIGHT OF WAY OF BALD EAGLE ROAD AS RECORDED IN MAP BOOK 217, AT PAGE 11 IN THE CLERK'SOFFICE OF- THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH, VIRGINIA, THENCEALONG A CURVE ON THE EASTERN RIGHT OF WAY OF BALD EAGLE ROAD A RADIUS OF 270.00,AND ARC LENGTH OF 233.21' TO AN IRON PIN FOUND ALONG SAID RIGHT OF WAY AND ALSO BEING THE SOUTHWEST CORNER OF LOT 23, SUBDIVISION OF HOLLAND PINES WEST, SECTION ONE, AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA AT MAP BOOK 239,AT PAGE 48,THENCE N75°08'50"E, A DISTANCE OF 432.5 PTO A POINT, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT35 AND ANGLE POINT IN REAR PROPERTY LINE OF LOT 25 OF AFOREMENTIONED HOLLAND PINES WEST PLAT, THENCE S27°01'50" EA DISTANCE OF 210 .00'TO AN IRON PIN FOUND, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 36 OF AFOREMENTIONED HOLLAND PINES WEST PLAT AND ALSO LOCATED ON THE REAR (NORTHERN) PROPERTY LINE OF LOT 23, AFOREMENTIONED HOLLAND PINES PLAT, THENCE575008' SO" WA DISTANCE OF 571.42' ALONG THE REMAINING PORTION OF PROPERTY LINE BETWEEN SITE N0.5 AND SITE N0.6 AND CURRENTLY REPRESENTING TH E NORTHERN PROPERTY LINE OF LOTS 5, 6, 7, 8, 21, 22 & 23, AFOREMENTIONED HOLLAND PINES, SECTION ONE PLAT TO THE EASTERN RIGHT OF WAY OF BALD EAGLEROAD,BEING THE POINT OF BEGINNING. Being a portion of the property conveyed to Millard Fillmore Reid by deed from Fillmore Reid and Laura V. Reid dated February 4, 1941 and recorded February 4, 1941, in Deed Book 204, Page 480 in the land records of the City of Virginia Beach(formerly Princess Anne County),Commonwealth of Virginia. Less and Except that portion conveyed to Baymark Construction Corporation by Deed dated May 18, 1994, and recorded June 1, 1994, in Deed Book 3397,Page 49,in the aforesaid land records Less and Except that portion conveyed to the Commonwealth of Virginia by Deed dated July 13,2007,and recorded August 17,2007,as Instrument Number 200708170011 211190,in the afore said land records. Less and Except that portion conveyed to Trustees of Piney Grove Baptist Church by Deed dated June 30, 2014, and recorded July 14, 2014, as Instrument Number 20140714000638140, amended by Deed of Correction dated October 8, 2014, and recorded November 5, 2014, as Instrument Number 20141105001056200,in the aforesaid land records. Millard Fillmore Reid, Sr. departed this life February 14, 1996, and pursuant to List of Heirs filed in Will Book 94, Page 607, title to subject property passed to Millard F. Reid, Jr., Jacqueline S. Henderson (now known as Jaqueline S.Pratt). GPIN: 14955051260000 5 Virginia Beach Planning Commission January 08, 2025 Public Meeting Item # 01 Knosos, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Clerk: Item number one,Knosos, LLC. Mr. Brunick: Good afternoon. My name is Kevin Brunick. I'm an attorney for the applicant, Knosos, LLC. As I'm sure the commission has seen the staff recommendation, it recommends approval with the proffers enclosed in that application, which my client consents to, unless the Commission has questions of me,I'm going to defer any further comment to responding to the any opposition. Ms. Cuellar: Are there any questions by the Commission for the applicant at this time? Commissioner Plumlee? Mr.Plumlee: Thank you very much. There is an issue with the open space, a dedication, and in lieu of there being remaining open space for this proposed development,there is going to be a cash payment in lieu of. Can you explain that process, and what is the understanding of the applicant with regards to that in lieu cash payment? Mr.Brunick: I cannot,Mr. Plumlee,because I wasn't involved in that, it's my understanding that they, that is, that this is going to require a cash payment, but that's, there's going to be some agreement at some point in time. I assume at city council level as to that amount,but there would have to be an agreement. But I can call my client up here, if he has any information he can. Ms. Alcock: Commissioner Plumlee, should that be approved with the cash in lieu condition, it would be a separate process that would go to city council. The value is based on the assessed value of the property, but that would come after this approval, should it be approved, and it would be a separate process facilitated by Parks and Rec, obviously with the Commissioner of Revenue determining the assessed value for the— Mr. Plumlee: Okay, that's the point I wanted to get to, and I asked this morning for this. Can I have a follow up with the staff just quickly on this one point since we're on the topic. Is that information that everyone is curious can recover. Ms. Alcock: I'm have not been able to confirm if that is on our website,but I do have the policy that I can send around to this group, and we'll work with Parks And Rec to determine if that's on the website. Mr.Plumlee: She was able to answer the question. Mr. Brunick: Thank you. Thank you. Ms. Cuellar: Thank you. Are there any other questions at this time for the applicant? Commissioner Byler? Ms. Byler: Thank you for being here today. The issue was raised at the informal session that some might have concern whether or not the homes built on these lots would be of comparable quality and value to other homes in the neighborhood regarding matters such as vinyl siding versus brick or stone. Can you address that please? Mr. Brunick: It's my understanding that the proffers that spell out the composite materials for the structures were included to address that very point, so that they would be compatible in appearance and value with the residential properties that surround this property. Ms. Byler: Thank you. Ms. Cuellar: If there are no other questions at this time, Madam Clerk, are there speakers signed up for this item? Ms.Clerk: Yes. Our first speaker is Andrey Nizdoimin. Ms. Cuellar: Hello. Mr. Nizdoimin: Good afternoon. Ms. Cuellar: If you could please state your name for the record and thank you for being here. Mr. Nizdoimin: My name is Andrey Nizdoimin, and I'm one of the residents of Holland Pines neighborhood. The people present today along with many others in our community,we are deeply concerned about the proposed changes to the neighborhood. We are passionate about preserving the character of Holland Pines, a well-established neighborhood with over 30 years history with its unique character and its green spaces. And we care. Although we do not have a formal homeowners association, but we have united to express our opposition to the proposed development. We submitted a letter to the planning administration, which was signed by 22 property owners whose homes directly surround this lot. We respectfully request that the board reject the proposed rezoning. We all understand that once rezoning is granted it's irreversible and the consequences will be felt for generations. Personally,my family and I,we have a very strong connection with this land. Our backyard faces this 2.4 acres wooded lot. My wife and I along with our two young children, we moved here over three years ago, and we specifically we're looking for a quiet neighborhood with a private wooded yard. We love the green area. We love the privacy it's offered and the sense of the community that came with it. We have since enjoyed spending time in our backyard watching the birds, squirrels, rabbits and everything else that is in those woods. Each year a turtle visits our backyard and recently we even saw a deer. It's difficult for me to find the right words to explain to my children that all of this will maybe soon take away from us. When we received the notice of rezoning we were shocked, and this actually certified letter came two days ago, so we did not even have sufficient time to express our oppositions. The proposal includes the removal of all the trees, and the disruption of natural landscape, and the construction of two story homes just a few feet from our property line. The impact we'll have on our lives and lives of our neighbors is profound. In addition to this concern, I have received an independent opinion from our real estate agent regarding the potential decrease in the property value. While this is a valid concern to me, the loss of peace and privacy cannot be measured financially. This is something far more valuable for us and for our neighbors. Our neighborhood deserves to remain a place where families can enjoy green spaces and peaceful environment. We implore the board to consider the long-term impact on the community and reject the proposal or postpone the proposal,rather than allowing these green spaces to be developed for profit,we would love to see it preserved for future generations. We strongly advocate for the possibility of the city porches in this land to keep this green space in our neighborhood. Thank you for your time. Ms. Cuellar: Thank you very much, sir. Mr. Alcaraz: I just want to know where the residence, where do you live on the property? Can you go back to the one over. Yeah, there you go. Thank you. Mr.Nizdoimin: So,my house is number three on the right side. Mr.Alearaz: Number three on the bottom? Mr.Nizdoimin: On the bottom. Mr. Alcaraz: Okay. Thank you. Appreciate it. Ms.Cuellar: Wait one moment,sir. Just in case. Are there any questions from the commissioners or speaker? Commissioner Plumlee? Mr. Plumlee: It's Andrey. Is that correct? Mr.Nizdoimin: Yes,that's right. Mr.Plumlee: Thank you for your presentation. That was excellent. So,your backyard backs up into that,what was your understanding with regards to that lot and how it would be used? Mr. Nizdoimin: So, when we actually purchased the property, my understanding was that this property is actually owned by the city. So,after I bought this property I couldn't even imagine that this woods in the middle of the neighborhood that was built 30 years ago was actually someone's private land, and then it was a nice surprise when we saw the notice. Mr. Plumlee: Hou have examined the city's comprehensive plan with regards to recommended uses for that lot? What would be compatible under our current comprehensive plan for that lot? Mr. Nizdoimin: So, the only word we had is, we attended the meeting that developer created in the library. I received a notice from the city two days ago, certified mail of this proposed plan, and it says that the report will be available in five business days, so I physically did not have any chance to even review that. And finally, so did you see there any markings of a public hearing around the parcel itself on, Bald Eagle Road or any, anywhere in that vicinity? Mr.Nizdoimin: Yes,there was one last year and me and my neighbors were here a year ago and the developer did not even come to that. I'm not sure if it was taken away from the docket,but we were here and spent two hours sitting here. Mr. Plumlee: Thank you very much. Ms. Cuellar: Commissioner Anderson. Mr.Anderson: But you said that was last year,but you have not seen anything, any new sign put up in the past 30 days? Mr. Nizdoimin: It is a yellow sign,yes. Mr. Anderson: The old sign is still there? Mr.Nizdoimin: Yes,the sign is there. Mr. Anderson: Okay. Ms. Cuellar: I have one question. Does your family utilize the park that's in the area? Mr.Nizdoimin: Yes,we do. Absolutely. Ms. Cuellar: Okay, great. Any other questions from the commission? Thank you very much. Madam Clerk,do we have other speakers? Ms.Clerk: Yes, our next speaker is Robert Dennis. Ms. Cuellar: Hello. Mr. Dennis: Good afternoon. Robert Dennis. I'm a resident of Holland Oaks, Holland Pines, and I'm opposing this. I've lived there for about eight years, and since I've been there, they keep doing development nearby. We have flooding issues that keep getting worse. Couple neighbors houses had floodwater into their home on one of the last big storms. I don't remember what hurricane that was. Yeah, and the church across the street just recently within the past few years, I think they had a hearing about building a bigger parking lot, that parking lot's six feet above ground level because they recognize the flooding risk. I think the people who are,I see that there's a stormwater management facility on there. I think it's pretty clear that they realize there's a flooding risk and the power lines that were just put in for the wind power cut down a whole bunch of trees for that. I think that is going to cause problems too. I'd rather not see these woods go. Like the last speaker said, a lot of the neighbors there really do talk to each other, and we all like it, we like it the way it is, as agricultural, it's all I got. Ms.Cuellar: Okay. Are there any questions for Mr. Ben? Mr. Plumlee? Mr. Plumlee: Mr. Dennis, correct? Where do you live in relation to the parcel? I think we just had the photo up there. Mr.Dennis: Is north up on that picture? Mr. Plumlee: It's fine for me if it's, if you're, it's above, it's to the north. Mr.Dennis: North is up. Mr.Plumlee: That's fine. Mr. Dennis: I would be up,up to the right there. Mr. Plumlee: I gotcha. So,within walking distance close to the? Mr.Dennis: Yes, I walk every day past that. Mr.Plumlee: Okay. And did you see an advertisement also for today's hearing? Mr.Dennis: I did see a sign for today's hearing. Mr.Plumlee: Okay. Thank you. Ms. Cuellar: Any other questions? Thank you very much for being here today. Ms. Clerk: Our last and fmal speaker is Vera Parfianovich. Ms. Cuellar: Hello,welcome. Ms. Parfianovich: I've been living in Holland Pines community around three years. Ms. Cuellar: Okay,pause for a moment. Could you please state your name for the record? Ms.Parfianovich: I'm so sorry. My name is Vera Parfianovich, and I'm owner of the house and my husband was who spoke before me. Okay. I've been living on my Holland Pine community about three years, and we bought this house because of the yard looking on the pines, and this green area which is constructed, planning to destroy it and cut completely the trees and build around seven or eight houses, and I've been, we enjoy this area with my family and spend any seconds with my resident children around this forest and in a small safe community. And building more housing here, significant change for the overlook of a neighborhood, a feeling of the neighborhood, and destruction of a neighborhood character. And it's a green area,with two and a half acres around 12 houses and somebody right now gonna come and destroy it. I think it's too much because it's been 30 years without changing of this community and the building to the housing is bringing deep concern over the problems of the losing the green area of our neighborhood. Of course the city made control on urbanization and deforestation, right now, we have area around our houses, like they're building Amazon, like stores and anything else around our houses. This is why we're trying to preserve at least more land for the animals, and our sense on health. And this green area is provide private for my family,which is increased property value of my house to sale, and as well it's a shield for my house protect for the noises around the neighborhood and the noise from the Holland busy road, and as well it give great and sense of the calm. The trees give a lot of protection of the sheds and as well as the protection on summer, and as a big wind on the winter which is of course greatly reduce the cost of my energy and of course the money for pays of bill,and the trees prevent flooding and erosion on my land. Of course,when they cut the trees, I'm not sure what's going to happen. The trees absorb all the water from when the rain is coming. They told us they're going to build a ditch where all this water is going to come. If it's not, what's going to happen to my house? It's going to be what? It's going to be landscaping, looking foundation or even wash away the top soil or our neighbors have irrigation system with nice grass, and I spent a lot of money to keep it that way and all of our neighbors here, and this is why I'm concerned about that too. And another one that is safety community and violence. Right now we live in a really quiet, really calm community, which is, I'm gonna come out and in the evening, anyone, I'm gonna hear nobody except animals and birds. And if you're gonna be— Ms. Cuellar: Thank you very much. Your time is up. Pause for just one moment in case a commissioner has a question. Are there any com questions for the speaker? Yes. We have one from Commissioner Plumlee. Mr. Plumlee: Was there something else you wanted to say? Ms. Parfianovich: Yeah. I want to say about the safety. Because as they're going to build this new houses, and who knows who going to be live there, who going to bought there. My like, maybe you're going to have guns, which is allowed it. Maybe he going to be making the parties notice every evening,which is allowed it too. And I have a two small kids,which can be running around,and do they keep me safe to keep them outside of my neighborhood,and they were young, playing without somebody watching them from the window. You know what I'm talking? And we live in the wild. I live in the south,number 3. My husband was talking before. Thank you. Ms. Cuellar: Thank you very much. At this time, are there any more speakers just to confirm Madam Clerk? Ms.Clerk: There are no more speakers. Ms.Cuellar: Okay. Thank you very much. I'd like to ask the applicant's representative to come back up to rebuke. Mr. Brunick: As is indicated in the staff s report this application checks all the boxes for recommendation for conditional approval of a conditional rezoning that is sought. It is in conformity with the comprehensive plan. It is compatible with the properties that surround it. It is less dense in terms of housing density than the properties that surround it. The staff found that would have no adverse impact on schools or traffic. It is seven lots, excuse me, eight lots, with one lot reserved for a stormwater retention facility. And this project will have to, the preliminary drainage plan has already been approved. The conditional rezoning would require the final plan be approved by the city. And it conforms in all respects with the city's requirements with respect to drainage, the drainage plan. It appears that the opposition is based on the fact that trees are going to be removed, and that is a fact of life with development of the property. My client has the right to remove those trees right now. Under the existing zoning,the AG1,my client could remove those trees and plant crops, could have cattle, grazing cattle,chickens and pigs on that property in the midst of those residential developments. I think that would have a greater adverse impact. I'm not sure there's any adverse impact on the speakers who have spoken in opposition. But if there is, certainly the present legal use of the property would have a much greater adverse impact on them. So I would ask the commission to recommend approval of this application. Ms. Cuellar: Thank you very much. Are there any additional questions for the representative? Commissioner Plumlee? Mr.Plumlee: Just a couple of questions for you,Mr.Brunick. If we can put the plan,the lot line plan up. Thank you. So, on the northern portion, is, can you describe on the other side of the cul de sac above the homes, what is going in there? Mr. Brunick: I'm going to have to, if the commission will permit, I'm going to have to get my client down here. I was not involved in the planning or the. Mr.Plumlee: If they're here and they can discuss it, that would be great. Mr. Brunick: Where is Mr. Manousos? Oh, there he is. This is Dimitrius Manousos. He's the principal of Knosos, LLC. So,can you answer Mr. Plumlee's question? Mr. Manousos: I'm sorry, I got problem hearing you, so I have to read over there to see what, like, I have problems with my hearing. Mr. Plumlee: First, do you mind stating your name, so we know who's speaking in the record? Mr.Manousos: My name is Dimitrius Manousos. I'm the president of Knosos, LLC. Mr. Plumlee: Okay. And so what I asked, and if you could, if you can't hear me, I'll repeat it. The space above the road and above the homes,what is that going to be used for? Mr. Manousos: The space above the home, that's the BMP. It's a dry BMP. It's only two feet deep. Mr.Plumlee: It's like a retention pond or detention pond. Mr. Manousos: Yes, it's a detached pond. Two feet deep, like I say, and all the waters will go there. We also have an existing structure there. Overflow, if that ever overflow with a hundred years plan, it will carry all these waters to the drainage system on the road. So all this,I heard one of the opposition saying that they're worrying about drainage in the backyards. It's not going to be a drainage because we are concentrating all the waters in that pond. Mr.Plumlee: One of the goals of the comprehensive plan is to maintain open space and it's stated right there. What efforts were made to try to maintain some of this as open space beyond the water volume management facility to the north? What other efforts were made to try to preserve some of the trees and natural area here in conformance with our comprehensive plan? Mr.Manousos: Well,that's an answer that my engineer can answer. I can't answer that. But we, what I can tell you is the density on this is for more than seven houses. We took one lot out, originally was for eight houses. And my engineer told me, don't go for eight houses, go for eight. So, we can leave open space. So, if you see above where that dry pond is right now, if you see from where the dry pond is going to go to the front of the lot, I believe is all the way up to the right,that is open space. Mr.Plumlee: With your building plans and what your effort is,are you able to leave any sort of buffer of trees, any stand of trees around the edging of the parcel to maintain some buffer between the new homes and the current neighborhood? Mr.Manousos: In the neighborhood meeting that I had with the neighbors,I promised them I will put a six-foot privacy fence there. That will be a sound buffer and also privacy buffer. I have to take these trees down because I have to fill out the property,especially in the back. When you fill up the property,you're killing those trees,even if you leave them there. Even if they want to leave them there, you still will kill those trees by filling the property up. So, I don't have an option but to take them down. And I hear their concerns, I appreciate their concerns, they have. But they need to understand, I bought this property to develop it. I offered them a chance to buy it if they want,and keep it there as trees,but they didn't like that idea. Of course,when they have their own money in online, it's completely different than going and saying, "Oh, I don't like the trees." If that was the case, Virginia Beach is not going to be here because nobody wants to build next to them. So anyway, do you have any other questions for me? Mr.Plumlee: Yeah. Did you have a sign placed out for the public hearing during the appropriate statutory period? Can you tell me? Mr. Manousos: Repeat that? Mr. Plumlee: Maybe your attorney could just address it. Mr. Brunick: You have a sign placed on the property that advertised the hearing? Mr. Manousos: Yes. Mr. Plumlee: Okay. Thank you. Mr. Manousos: You're welcome. Mr.Plumlee: I would just make one last comment and that is per the city ordinance requirements, there will be trees planted on these lots after the houses are constructed. I mean,that's not a proffer, that's required under the city code. Ms.Cuellar: Commissioner Anderson? Mr. Anderson: So, you said there will be trees planted, where will these trees be planted, and you're saying that you have no room for a buffer zone between the existing residents, and the new property to put any type of buffer zone in evergreens or anything. Mr. Brunick: That's my understanding that where the trees are, the requirement that trees be planted is my understanding under the city code, it depends on the size of the lot and that dictates the number of trees. But I believe, Manousos will have to submit a landscape plan that conforms to those requirements that will be approved by the city, and so he intends to do that. He will comply with the legal requirements for landscaping and installation of trees. Mr.Anderson: Okay,thank you. Ms. Cuellar: Are there any additional questions for the applicant? At this time, I'd like to open up the floor for discussion and to entertain a motion. Commissioner Byler. Ms.Byler: I'd like to thank everyone for their comments today. These types of applications give me a lot of concern. Because I hear dual objectives that the city is trying to reach. We want to maintain our open space. We want to protect our agricultural zoning. We have a shortage of housing. We need to provide housing. And what I hear on this application is that it's in an area in our comprehensive plan that has been designated for more housing. And, I also hear that the developer is putting in less density. Than what he would otherwise be allowed. So in my mind,it appears to be a good compromise among our many different objectives. Unless someone says something to make me think. Otherwise,I'm inclined to vote in favor of approving the application as presented. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: I would just like to be heard quickly. I think people need to try to follow the ball inside the city and how things are put together in the approval process. There is a rigorous effort made to make sure that there is not what we call secondary impacts, negative secondary impacts, not to noise,not to stormwater. All of these factors are part of the overall approval process, even beyond this board, all the way down to construction drawings, and building plans. The developer is putting forth what the staff considers to be a compatible project with our current comprehensive plan, and that limits the critique that we can make with regards to this effort. Doesn't mean we can't ask fair questions and get fair answers,which I think we all heard. So,I'm inclined to support it as well. Ms. Cuellar: Thank you very much. Commissioner Alcaraz? Mr.Alcaraz: Yeah,as the applicant stated, it's AG-1 and right now they can take the trees down. They can farm it. Is that a character of the neighborhood? I don't think so. I think the character of the neighborhood is what we're seeing here and what we're being proposed to us, so I'm supporting it. Ms. Cuellar: Thank you very much. Commissioner Coston. Mr.Coston: I know it's difficult sometimes to deal with new things like this in the neighborhood, but it's kind of inevitable,and it does go with the comprehensive plan. And,we do need the houses. I'd like to make a motion if everybody's made their mind up unless somebody wants to speak some more. Ms. Cuellar: And your motion would be? Mr. Alcaraz: To approve this item. Ms. Cuellar: Okay, do I have a second? Ms.Hippen: I second. Ms. Cuellar: Okay. Are there any planning commissioners abstaining from the vote? Is there any further discussion? There's a motion on the floor to approve the application by Commissioner Coston, seconded by Commissioner Hippen. Ms.Clerk: The vote is now open. By recorded vote of I 1 to 0, item number one, Knosos, LLC, has been recommended for approval. Ms. Cuellar: Thank you very much for everyone who came out today on this application. Vote Tall AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 When the property is developed, it shall be as a single-family subdivision with no more than eight (8) lots, with seven (7) single-family dwellings substantially in accordance with the Preliminary Subdivision Plan designated "PRELIMINARY SUBDIVISION PLAN KNOSSOS SUBDIVISION", dated 11/25/24, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan") which are incorporated herein by reference. Proffer 2 Each new home shall contain a minimum of 2,700 square feet of living area and at least a one (1) car garage. Proffer 3 The architectural design of the residential dwellings will be substantially as depicted on elevations and renderings, each dated September 18, 2024,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference.The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of architectural shingles, hardiplank, stone, brick, premium beaded vinyl siding, fiber cement siding, and/or wood. Proffer 4 The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5 Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. From: Richard Dienst To: Marchelle L.Coleman Subject: Rezoning Date: Monday,January 6,2025 3:13:35 PM CAUTION:This email originated from outside of the City of Virginia Beach Do not click links or open attachments unless you recognize the sender and know the content is safe. Virginia Beach Planning Commission Public hearing on January 8,2025 Knosos, LLC Re:Conditional Rezoning(AG-1 Agricultural District to R-7.5 Residential District) Address: Parcel directly south of 2832 Bald Eagle Road GPIN: 1495505126 City Council: District 2(Hanley) Accela Record:2020-PCCC-00347 AICUZ:65-70 dB DNL—Sub-Area 2 Staff Planner: Marchelle Coleman Dear Staff Planner, Marchelle Coleman We are writing this letter to voice our concerns and oppose the above conditional rezoning. We live at 2844 Bald Eagle Rd.VB.and our property is directly adjacent to the land in question. One of the biggest reasons we bought our house was because our backyard goes directly into the land/woods that is requesting to be cleared to build houses. We chose not to build a fence so we could enjoy the nature that the wooded area provided. Our neighborhoods, Holland Pines and Holland Oaks,are well established neighborhoods that have been here over 30 years. This land requesting rezoning in the middle of our neighborhood and is surrounded by houses. Not only does this land provide peace and quiet, but it is also home to an abundance of wildlife,to include Deer, Fox, Rabbits,Squirrels,Opossum, birds etc. It would destroy their homes and habitats. To take down the trees and build unwanted and unneeded houses interrupts our quality of life. The land provides tranquil landscaping for those that live around it. People ride bikes,walk, run,walk dogs in this peaceful environment. We do not feel it is fair to disrupt a whole neighborhood for possibly 7 houses. Again,this is an established neighborhood that has been here for a long time. Our house will have a streetlight practically in our backyard according to the builder's plans. Now, our backyard and the others surrounding the land in question is quiet, peaceful and dark at night. If this is approved,we will have noise,cars,a road, houses and lights in our backyard. We hope you will take all of this into consideration when voting to approve this rezoning request for this parcel,from Agriculture to Residential. This is only being done to benefit the owner/builder,who only want to make a few bucks and are not concerned with the hundreds of residents,trees and wildlife this will disrupt and remove. Sincerely, Richard and Bonnie Dienst 2844 Bald Eagle Road Virginia Beach,Virginia 23453 01/06/25 From: Karen Licari To: Marchelle L.Coleman Subject: Knosos LLC Date: Tuesday,January 7,2025 12:04:59 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning.I am contacting you in regards to the rezoning hearing that is scheduled for tomorrow Wednesday, January 8.The rezoning is requested for the parcel directly south of 2832 Bald Eagle Rd.My name is Karen Licari and I reside at 1809 American Elm Court.I received the letter from the city regarding this public hearing.I am unable to attend the planning commission meeting tomorrow,but wanted to voice my opinion via the email to you as the letter stated.I am 100%against this development.This subdivision is called Holland Pines for a reason.This proposed plan would take out almost all of the remaining pine trees in this area.All for seven homes?And a stormwater management facility?What is that?Most of us on this court bought our homes because of the trees braking up to our properties.His property owners we are all concerned about our homes values declining.There is enough other development going on in Virginia Beach as it is again,just to restate,I am totally against this project. Thank you very much for your time.Karen Licari. Sent from my iPhone City of Virginia Beach Planning Department 2875 Sabre Street, Suite 500 Virginia Beach VA 23452 RE: Opposition to Rezoning Request from AG-1 to Conditional R-7.5 in Holland Pines Dear Members of the Planning Commission, I am writing as a concerned resident of Holland Pines to formally oppose the request for rezoning of 2.4 acres located behind American Elm Ct. cul-de-sac in Holland Pines,Virginia Beach, from AG-1 (Agricultural) to Conditional R-7.5 (Residential) that is currently under consideration. After attending public meeting organized by a developer and careful review of the proposed change and its potential impact on our community, I believe this rezoning will have serious negative consequences for the residents, the environment, and the overall character of our neighborhood. I respectfully urge the Planning Commission to reject this request based on the following reasons: 1. Preservation of Community Character: Holland Pines is a quiet neighborhood that has maintained its rural character for three decades and has been built around the preservation of open spaces including Christopher Farm,Virginia Beach National Golf Club, Back Bay National Wildlife Refuge.The proposed rezoning to Conditional R-7.5 would significantly alter the character of our community. The shift from agricultural zoning to a residential subdivision is inconsistent with the long-standing nature of the neighborhood. This change would disrupt the peaceful environment that current residents value, changing the very essence of the community. 2. Environmental Impact:The AG-1 zoning currently helps to maintain natural habitats and areas that are important for local wildlife and the environment. Rezoning to R-7.5 would likely lead to the clearing of land and cutting down the forest, which could result in the destruction of these valuable green spaces. This change could increase the risk of flooding and reduce the overall environmental health of the area. A thorough environmental assessment is necessary before any changes are made to the current zoning. 3. Property Value Concerns: Residents of American Elm Ct. and other bordering neighbors have invested in their homes based on the current zoning and green quite feel of the area. The approval of a rezoning to allow residential development could significantly lower property values and alter the desirability of this part of the neighborhood.The introduction of snore houses would create a more urban environment, which may not be in line with the expectations of current homeowners. 4. Traffic and Safety Concerns:The proposed rezoning could lead to a substantial increase in traffic volume, which would not only impact on the residents' quality of life but also pose a safety risk. The added congestion could create hazardous conditions, especially for pedestrians and children. Public School buses currently stop at the land considered for rezoning(Bald Eagle Bend/Bald Eagle Rd). It is crucial that the Commission fully evaluate the infrastructure needs before approving such a significant change. 5. Infrastructure and Public Services: The proposed rezoning could place a strain on local infrastructure and public services. Public utilities and schools may not be adequately prepared to support an influx of new residents. It is critical that the impact on public services be fully considered before any rezoning takes place. Given these concerns, I strongly urge the Planning Commission to reconsider the rezoning request and reject the proposed change from AG-I to Conditional R-7.5. The current zoning is in the best interest of the residents of Holland Pines, and any changes to it would have lasting, negative consequences for our community. Thank you for your attention to this matter. I trust that you will consider the concerns of the residents of Holland Pines making your decision. Sin r y, Andrei iaz oimm 1808 med an Elm Ct., Virgi i B ach VA 23453 Residents in Opposition to Rezoning Request We, the undersigned residents of Holland Pines, strongly oppose the request for rezoning from AG-1 to Conditional R-7.5. We believe that this rezoning would negatively impact our community's character, safety, environment, property values, and public infrastructure. 1. - AA tit; ano _ ��iS�_�►rittz.�t1 lni G�—_._ 3. ti►+r,fS-a t r Sta 4MMAI C<41 CT. 4. 5. NLrGy A r !JrMe-ti - 1Mb. E lei1v t ry1 7. f 8. 9. 10. '09 '8b 517 op _ 6£ 8£ "9£ 'S£ x.r 'I£ 8Z SZ 't7Z tom.,,,,!3 .-►-r,� �,rwff So Sr ��na �� ����, ZZ '� t F r r► far�,,L'I Z '6I '81 o-ca)t era -7 �PAT Lt 8 Z '9I �r ! 'S I Z 171 £l �' lZ 71 I 2 a 'It ❑ ❑ ❑ / R' Rz10 °� R1Ir0 Q I Sher . � = u a o D r A n7 _ venue 1 B1 01 If _ue_ Sherry A 10� 0 �R10 �o , - B2 ° ❑ 132 02 Of2 °' oeor B2 B� � r Q B OooBZ � 132 132 R1�® R�1,0� I , �Q Indian River Road �- R-1;0 � RTU --- Q R10 �Ri' R10� - -� o 0 ca =0 � � ❑ R10 132 132,9 a Q ,j� B2 B2 R1r0 ❑ offv N ® site Westview Plaza Associates, LLC W , E Property Polygons 6528 & a portion of 6544 Indian River Road, S Zoning parcel directly north & west of 6528 Indian River Road Building Feet 0 4590 180 270 360 450 540 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WESTVIEW PLAZA ASSOCIATES, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business District to Conditional A- 24 Apartment District) for the property located at 6528 & a portion of 6544 Indian River Road, parcel directly north & west of 6528 Indian River Road (GPIN 1456154603, 1456152963, & 1456156973). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: February 18, 2025 ■ Background: The applicant seeks to rezone a portion of a 9.95-acre site from B-2 Community Business to Conditional A-24 Apartment District to develop a 165-unit multi- family residential community. The developable acreage is 7.16 acres, which excludes the existing fast-food restaurant that will remain, and the drainage easement associated with the adjacent waterway (Elizabeth River), resulting in an overall density of 23 units per acre. The 9.95-acre site is situated within the Suburban Focus Area — Military Highway Corridor, directly south of the Sherry Park neighborhood. It is currently developed with a largely vacant shopping center, a fast-food restaurant, and related parking. The 165-unit multi-family development will consist of four, three-story multi-family buildings. The total height will be 45 feet, as depicted on the building elevations, with an exterior facade consisting of vinyl siding, board & batten trim, roof shingles, and metal railing. A variety of amenities include a resort-style pool, an indoor clubhouse, fitness center, large green spaces, and pedestrian connectivity to sidewalks along Indian River Road. Right-of-way improvements are proposed, which include enhanced eight-foot-wide sidewalks within the public pedestrian access easement, in alignment with the recommendations of the Active Transportation Plan. Adequate parking is provided on site with a total of 308 spaces provided where only 302 spaces are required. Similarly, 11 bicycle spaces are required by the Ordinance and 12 bicycle spaces are provided. A Phase 1 Environmental Site Assessment (ESA) was provided with the application. The Phase 1 ESA Found no evidence of Recognized Environmental Conditions (REC) or Controlled Recognized Environmental Conditions (CRECs) connected with the property. Westview Plaza Associates, LLC Page 2 of 3 ■ Considerations: Staff finds the proposal to be in keeping with the polices and goals set forth in the Comprehensive Plan for the Suburban Focus Area 8 — Military Highway Corridor. In Staffs view, and the Planning Commission concurred, redeveloping the property into a multi-family residential community will enhance the aesthetics for both neighboring property owners and those traveling along S. Military Highway. The site is currently home to an outdated shopping center, built in the late 1980s, which offers little visual appeal to surrounding properties. Careful attention has been given to the site layout to ensure smooth circulation and adequate access for emergency vehicles. The Conceptual Site Layout Plan submitted to the Planning Commission displayed entrances that did not meet the Public Works Design Standards Manual. The proposed entrances must be reconstructed to commercial entrance standards in accordance with the Public Works Design Standards Manual (PWDSM). The applicant, as noted in the Staff Report, made plans to revise the plan between Planning Commission and City Council to ensure that the commercial entrances are in full compliance with the Public Works Design Standards. In addition to the 15-foot landscape buffer adjacent to the residential properties to the north, the revised plan shows enhanced landscaping along the Indian River Road frontage, an evergreen buffer adjacent to the fast-food restaurant, and additional plantings adjacent to the northern BMP near the residences with a six-foot tall opaque fence. The revised plan is included as an attachment and was submitted prior to the proffer deadline of 10 days prior to City Council. Four speakers in opposition of the request were present at the public hearing and 81 signatures of opposition were provided stating concerns about overcrowding of schools, increase in traffic, possible wetlands contamination, encroachment of bald eagle nesting spots, and invasion of privacy. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Proffer 1: Applicant agrees to develop the Property substantially in conformity with the Land Use Plan entitled, "Proposed Multi-Family Development, 6528 Indian River Road Virginia Beach, VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc, dated October 30, 2024 and revised January 20, 2025, which Plan has been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. Westview Plaza Associates, LLC Page 3 of 3 Proffer 2: Applicant agrees to develop the Multi-Family project substantially in conformity with the elevations entitled, "6528 Indian River Road Virginia Beach, VA" (the" Elevations") prepared by Humphreys & Partners Architects L.P., dated October 23, 2024, which Elevations have been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. It is recognized and understood that detailed building plans may change as the planning process progresses. The intent of the elevations is to demonstrate the architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. Proffer 3: The monument sign shall be located in substantial conformance with the proposed Land Use Plan entitled "Proposed Multi-Family Development, 6528 Indian River Road, Virginia Beach, VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc. dated October 30, 2024 and revised January 20, 2025, which plan has been exhibited to the City Council and is on file in the Department of Planning, which is incorporated herein by reference. The sign shall not exceed six feet in height and shall be designed and constructed of materials that substantially match the building architecture. Proffer 4: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City Codes by all City agencies and departments. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Revised Conceptual Site Plan (dated October 30, 2024, revised January 20, 2025) Petition of Opposition (81 Signatures) Pictures from adjacent resident showing oil in the Elizabeth River Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda I Applicant & PropertyAssociates, VB Planning • • • i CouncilCity 1 / • Project Details West Request Fast-food restaurant, undeveloped lots/ B-2 Conditional Rezoning (B-2 Community Business Community Business District to Conditional A-24 Apartment District) Staff Recommendation ���"� Approval TRESTMAN AVE ? w a N re Staff Planner \ RRYq�F s Marchelle Coleman Location �j MBE � 6528& a portion of 6544 Indian River Road, parcel Q`'0R a directly north &west of 6528 Indian River Road `$ a 3 = J GPINs 1456154603, 1456152963, & 1456156973 pA eo Tov+AN Site Size 9.95 acres t AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District r Shopping center/ B-2 Community Business Surrounding Land Uses and Zoning Districts North ,. Single-family dwellings/R-10 Residential ' South ._ . Indian River Road Fuel station &convenient store, single-family dwellings/ B-2 Community Business, R-10 - `�' Residential East Elizabeth River Religious use/0-2 Office Westview Plaza Associates, LLC Agenda Item 4 page 1 of 20 Background SummaryofProposal • The applicant is requesting to rezone a portion of a 9.95-acre site from B-2 Community Business to Conditional A-24 Apartment District to develop a 165-unit multi-family residential community.The developable acreage is 7.16 acres, which excludes the existing fast-food restaurant that will remain, and the drainage easement associated with the adjacent waterway (Elizabeth River), resulting in an overall density of 23 units per acre. • The 9.95-acre site is located within the Suburban Focus Area— Military Highway Corridor, immediately south of the Sherry Park neighborhood, and is currently developed with a shopping center, fast-food restaurant, and associated parking. • The proffered Conceptual Site plan depicts four, three-story multi-family buildings.The proposed apartments will provide several amenities to residents to include a resort-style pool, an indoor clubhouse, fitness center, large green spaces, and pedestrian connectivity to sidewalks along Indian River Road. • The proposed internal circulation reflects a traditional suburban layout with drive aisles lined with street trees, pedestrian lights, and sidewalks. • The building elevations display a traditional building style with materials consisting of vinyl siding, board & batten trim, roof shingles, and metal railing. • As shown on the Conceptual Site Plan, streetscape plantings along Indian River Road, interior parking lot, and building foundation plantings are proposed as required. Per the City Zoning Ordinance, a 10-foot minimum yard buffer with Category IV landscape screening is required along property lines that are adjacent to residential zoned properties.As depicted on the plan, a 15-foot-wide landscape buffer is provided with an additional 10-foot rear setback adjacent to the residential properties to the north.The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • Right-of-way improvements are proposed, as shown on the Conceptual Site Plan, to include enhanced eight-foot-wide sidewalks within the public pedestrian access easement, in conformance with the recommendations outlined in the Active Transportation Plan. • A six-foot tall monument-style sign is proposed at the first entrance of the development with required landscaping proposed around the sign's base. While the design of the sign has not yet been finalized, Proffer 3 has been added to guarantee that the sign will not exceed six feet in height and will be constructed with materials that match the buildings on site. • Per Section 203 of the Zoning Ordinance,the proposed parking spaces depicted on the Conceptual Site Plan exceeds the minimum parking requirement by six spaces, as 302 parking spaces are required and 308 parking spaces are provided. Similarly, 11 bicycle spaces are required by the Ordinance and 12 bicycle spaces have been provided. As required by Section 203(b)(4) of City's Zoning Ordinance, 50%of the Westview Plaza Associates, LLC Agenda Item 4 page 2 of 20 required bicycles shall be covered.The applicant proposes to provide all 12 bicycle spaces within a covered location underneath the stairwells in the parking structures (3 per building). • While portions of the property are located within the 100-foot Chesapeake Bay Preservation Area (CBPA) Resource Protection Area,the development does not propose any increase in impervious area or further encroachment into the RPA beyond the impacts that currently exist. Per the CBPA Ordinance, this proposal is considered a redevelopment of the site, as there is no increase in the amount of impervious cover, no further encroachment within the Resource Protection Area, and the redevelopment will conform to the applicable erosion and sediment control criteria set for in Chapter 30 and the stormwater management criteria set forth in the Stormwater Management Ordinance (Appendix D). • A Phase 1 Environmental Site Assessment (ESA) was provided by ECS Mid-Atlantic, LLC, dated September 19, 2024.The Phase I Environmental Site Assessment found no evidence of Recognized Environmental Conditions (REC) or Controlled Recognized Environmental Conditions (CRECs) connected with the property. A CREC is a recognized environmental condition resulting from past releases of hazardous substances or petroleum by-products that has undergone some assessment or remediation with satisfactory results. However, the assessment revealed Recognized Environmental Conditions(RECs) connected with the property. A REC is the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property. It is the opinion of ECS Mid-Atlantic, LLC that additional environmental assessment of the subject property is not warranted, at this time. Zoning History Map Key No. Request MDC(Religious Use)Approved 1 01/15/2019 CUP (Religious Use)Approved 01/05/2016 2 CUP(Car Wash Facility) Approved 11/27/2007 CUP(Church Expansion & Day Care) 3 Approved 05/22/2001 CUP(Church)Approved 01/27/1998 4 REZ(1-1 to 132)Approved 04/13/1999 MDC(Fuel Canopy Approved 05/01/1989 CUP(Fuel sales, Convenience Store, & Car Wash Facility) Approved 5 03/14/1988 REZ(CL-1 Limited Commercial to C- G1 General Commercial District) Approved 03/09/1970 CUP(Gasoline Supply Station) Approved 03/09/1970 Westview Plaza Associates, LLC Agenda Item 4 page 3 of 20 Map Key No. Request CUP(1-1 to 132) Approved 02/08/1988 J 6 CUP(1-1 to 132) Approved 08/04/1984 ....Rta CUP(1-1 to B2) Approved 06/16/1975 _ ` 1 82 ti r 192 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 The proposed rezoning for the construction of up to 165 multi-family units, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Focus Area 8— Military Highway Corridor. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering.The Comprehensive Plan specifically notes that "New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping" In Staff's view and in conformance with the Comprehensive Plan, the redevelopment of the property with a multi-family residential community will improve the aesthetics for the adjoining property owners and those traveling along S. Military Highway. The site is currently developed with an outdated shopping center, constructed in the late 1980s, that does not provide any aesthetic appeal for adjoining property owners. Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. Additionally, the proffered conceptual plan includes an 8-foot-wide sidewalk along the Indian River Road frontage as recommended by the City's Active Transportation Plan. The submitted Landscape Plan has been reviewed by Staff and appears to meet the requirements of the Zoning Ordinance. The proposed Category IV, 15-foot-wide buffer, which exceeds the 10-foot-wide buffer required by Ordinance, will aid in providing screening to the neighboring residentially zoned properties to the north of the site.The proposed buildings on site have been positioned as far away from the adjoining property owners as possible and the stormwater management facility is proposed to be located between the buildings and the adjacent residences. The distance from the parking lot to the nearest single-family dwelling is approximately 90 feet. Undeniably there will be impacts during and after construction to the surrounding property owners; however, the applicant has tailored the site layout to minimize the impacts to adjoining property owners by Westview Plaza Associates, LLC Agenda Item 4 page 4 of 20 moving buildings away from the property line and installing proper landscape buffer screening.As mentioned previously, the landscaping and screening requirements will be reviewed in greater detail during final site plan review. As proposed, the development exceeds the minimum parking requirement by 6 parking spaces, thereby minimizing the potential overflow of vehicles onto the streets of the adjacent neighborhoods. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. It is the opinion of the city's Traffic Engineering Staff that the traffic generated by the proposed development will result in 1,112 average daily trips, which results in fewer average daily trips than what could potentially be developed as a matter of right under the current B-2 Community Business District zoning. According to Public Works staff, Indian River Road has adequate capacity to support the proposed development.The proposed entrances must be reconstructed to commercial entrance standards in accordance with the Public Works Design Standards Manual (PWDSM): 15-foot radii; 30-foot throat length; 40-foot maximum width if there will be two exiting/one entering lane or a 30-foot width for one exiting/one entering lane.The easternmost access point on Indian River Road is shown as only 24 feet wide and must be revised to a 30-foot width and only support right-in/right-out access if sight distance requirements are met.To address this, the applicant will revise the plan between Planning Commission and City Council to ensure that the commercial entrances are in full compliance with the Public Works Design Standards. In addition, all accessible curb ramps will be replaced in accordance with the latest Public Works Design Standards Manual and any traffic control easements, sidewalk easements, or right-of-way dedications necessitated by this development will be evaluated and dedicated during the final site plan review process. According to Traffic Engineering Staff,the left turn signal heads on the existing Indian River Road traffic signal are permissive only signals versus protected or protected/permissive heads. Permissive only signals require drivers wanting to turn left to yield to oncoming traffic and only turn left when it is safe to do rather than a protected signal head which would have a dedicated turn arrow.Traffic Operations has stated that it is not feasible to convert the current 3-section permissive heads to 4-section protected/permissive heads due to clearance requirements and existing span loading limitations. During site plan review, traffic counts based on the current building square footage and land use will be compared against the proposed use to determine if signal adjustments are necessary. Additionally, the applicant's engineer must analyze the eastbound and westbound left turn movements at the existing signal and submit those findings to Traffic Engineering for review to determine what, if any, improvements will need to be incorporated into the site plan.The applicant is aware of and agreeable to this requirement. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this,the redevelopment proposal is not expected to negatively impact the current student enrollment. The site is located in the Chesapeake Bay watershed. As depicted on the Conceptual Site plan,two stormwater management facilities are proposed to capture and treat the stormwater runoff from this project. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure Westview Plaza Associates, LLC Agenda Item 4 page 5 of 20 that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. Based on the considerations above, Staff recommends approval of the rezoning request for the redevelopment of the site for up to 165 multi-family units subject to the submitted proffers below. • The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 Applicant agrees to develop the Property substantially in conformity with the Land Use Plan entitled, "Proposed Multi-Family Development, 6528 Indian River Road Virginia Beach,VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc, dated October 30, 2024 and revised January 20, 2025, which Plan has been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. Proffer 2 Applicant agrees to develop the Multi-Family project substantially in conformity with the elevations entitled, "6528 Indian River Road Virginia Beach, VA" (the" Elevations") prepared by Humphreys & Partners Architects L.P., dated October 23, 2024,which Elevations have been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. It is recognized and understood that detailed building plans may change as the planning process progresses.The intent of the elevations is to demonstrate the architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. Proffer 3 The monument sign shall be located in substantial conformance with the proposed Land Use Plan entitled "Proposed Multi-Family Development, 6528 Indian River Road,Virginia Beach,VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc. dated October 30, 2024 and revised January 20, 2025, which plan has been exhibited to the City Council and is on file in the Department of Planning,which is incorporated herein by reference. The sign shall not exceed six feet in height and shall be designed and constructed of materials that substantially match the building architecture. Proffer 4 Further conditions may be required by the City during detailed Site Plan review and administration of applicable City Codes by all City agencies and departments. Westview Plaza Associates, LLC Agenda Item 4 page 6 of 20 Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan designates this site as being located within the Suburban Focus Area 8—Military Highway Corridor. The general pattern of land uses along this corridor has remained essentially unchanged for decades. Recommendations for any changes of land use in this corridor located near or adjacent to existing stable neighborhoods must be compatible uses and employ appropriate buffering features (p.1-94 Comp Plan Policy Document). The overall goal of the Military Highway Corridor SFA is to transition uses in this area away from industrial activities to more compatible uses such as medium density residential, office, hotel, or institutional uses (p.1-94) It is also recommended that access points be reduced when possible, with greater reliance on access management, inter-parcel access, and shared parking. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage and landscaping (p.1-94). Natural & Cultural Resources Impacts The site is adjacent to the Elizabeth River and is located within the Chesapeake Bay Watershed. A portion of the site is located in the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area. In addition, the property is located in the AE Flood zone; however, no alterations or improvements are proposed for this area. No new development is proposed within the environmentally sensitive portions of the property. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 28,940 ADT' 55,500 ADT 1(LOS 4 "D") Existing Land Use Z-3,510 ADT Existing Zoning—3,960 ADT B-2 zoning Proposed Land Use 3- 1,112 ADT 1 Average Daily Trips 2As defined by an 'As defined by 165- 'LOS = Level of 52,000-sf shopping unit multi-family units Service center Master Transportation Plan(MTP)and Capitallmprovement Program(CIP) Indian River Road, in the vicinity of this site, is a six-lane divided major suburban arterial.The right-of-way is 110 feet in the vicinity of this site. The MTP shows a six-lane road with an ultimate right-of-way of 150 feet. There are currently no CIP projects for Indian River Road planned in the vicinity of this site. Westview Plaza Associates, LLC Agenda Item 4 page 7 of 20 Active Transportation Plan The 2021 Active Transportation Plan recommends the sidewalk be improved to an eight-foot-wide asphalt or concreate side path along this section of Indian River Road. Public Utility Impacts Water The site connects to City water. There is an existing 12-inch City water main along Indian River Road. Sewer The site connects to City sewer. There is an eight-inch and an existing 12-inch City sanitary sewer gravity mains along Indian River Road.There is an existing eight-inch City sanitary sewer gravity main encroaching through the property within a 30-foot Public Utility Easement. School • . School Current Enrollment Capacity Generation 1 Change 2 Woodstock Elementary 687 students 653 students 18 students 18 students Kempsville Middle 720 students 737 students 7 students 7 students Tallwood High 1,880 students 2,074 students 8 students 8 students 1"Generation" represents the number of students that the development will add to the school. Z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant reported that they notified the surrounding property owners, inviting them to a meeting to discuss the proposal. The meeting took place on Tuesday, December 17, 2024 at 6:00 p.m. at the St. Matthews Catholic Church in Sherry Park.The applicant indicates that 70 to 80 people were in attendance and some raised concerns about traffic, affordable housing, and section 8 options. The applicant did their best to address all comments and concerns. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2024. • 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. Westview Plaza Associates, LLC Agenda Item 4 page 8 of 20 • 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, February 4, 2025 and February 11, 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 February 3, 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 February 14, 2025. 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'1 a Y0 9 R iel a 3a b viy 1 itl Pig b !13�i F3�i IN piai IaiII jq 3 9 g it i�i # FS iiAll IM » ��e 7F of � $1 , I I. .1...LI ..-I.LI1• ! TIMMONS GROUP TIDEWATER FINANCE COMPANY "" "•""'°"" EXISTING CONDITIONS --- • • • FEa r Proposed • " Multi-Family : tE 0c, "^ w c?•vn Development bJFHR ,1 • i 6528Indian River Rd. 6'OVAOJE=EVE Virginia Beach,VirginiaLeo` , N wI, ...�.w•. z t ecic .a+Ytr�sr.,rn 0 ` .� .., ,. ,.s •v�"'RsanTMa`'VO•0rs s.:us ,s t C tot;'r ` atre•mss wm.-w ion+smurv[s J t ..pass M.wsa. ---------------- 1 _ *•P wntlw .ww. FJERuREEn 6JF=�-� S s r, rl.- {• `l \ ao l� t `1 4.� `• t C t _ — rD �T r'...n- I� �� �._. ....� - .. _•� ..-. v � � `.� ` ftM OCCI�MiN� • - KimlepOorn sv•Ynr. ... 1. �„ �```+ � f��•� .uw uvfu+rc A{7'k: tJCRJUNIih ll'd D D yp'FRONTSMCKGO �-�[ - xetssv L{nu.vratms v - - nSNRt wT\aJIL: rOMZi•IQT� 1 Q / O rD Hl N r 0 A n Proposed Building Elevations a - LI••.'• CL 3 t z � J o IL Z I:IId1i � ., Yam- a O Z LL p i �k a .n M I1ti_tc i � D 9 ED IFT- L z4 S f E? T ;p r 9 a €+ tltlliill s LI ILEA.. � b Westview Plaza Associates, LLC Agenda Item 4 page 12 of 20 -3x2smal —i pandecKaamled __--capmoltling 'argW*&Tmd paW gale jamb a \ CAIU BLOCK _ IL \ FRONTWATION 8YD LOAD D PST NIC a00Bib18 sidexalk rap noldog CMU BLOCK Post bdla ds- •o c0 -._-�-... i'7 N P.WNGconcreteoerCNIL I Post bollards illE BFIAINN ��; M LOAD DU NIC cap MOWN CMU 9A0( V FIeOR M I— IFl1N MWATUN Ln r' N SCFLE3'8'= .0' (24'0G'SHEEn D a 4 e' Is UrD N as^n N�;to rssa ;atrkecwnox ;,ara ;>AtE :stn a ARTNERS On I I NNIVEIIElglDNLNC SO[[NOOLANNUIN. ty�pll� !fin ■MO {y r�-F £.IkH.tTt?!{PNi[Y/h1tY�'JP''IrM+n'+MiMrr rnbnam�Snbe}ih+ma�40 tpy:yrn4yeSrif anrl�!Mn'Ywr'hnna h.Rtrr•ge:•:nn'.Ah ruyb'�mr.aWtlN�lteorM Mb'rHvrrptfvptnlrA.'wLarrgWert+rihtcblHriNNm.�,v.�,.rr. CL LN t"F 0 m (n �1 N 3 r o � n Proposed Multi-Fam_i!y Development AExisting CBPA V Encroachment Exhibit 65M h7dian Ritwr R,ift7VN Virginia B lulr 4'irgtrtia LEGEND vm /��/ IJCR��6IFFEF ` / � p61M�rv�EkA046�0.fR tOUYJRF:�OHMDIE l 1 � 11 �%�,� .III , � •Yi �1 \� 94 1 tt ,4 KidepMorn , D _ O M N 3 r o � n Proposed CBPAEncroachmentExhibit k All S� W � , ? 8R 2 ( pp C Q� U E i? N Wk ^ i2 4 � 4W � w P q 3 1, I I a i NOV8135 341S.O P- Westview Plaza Associates, LLC Agenda Item 4 page 15 of 20 Site Photos �I 14� s r .a Westview Plaza Associates, LLC Agenda Item 4 page 16 of 20 Site • • T y„ Mw lull . _ a t. Westview Plaza Associates, LLC Agenda Item 4 page 17 of 20 Disclosure DisclosureVIRGINIA 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 Westview Plaza Associates, L.L.0 Is Applicant also the Owner of the subject property? Yese No© If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO If yes,name Representative: Alex Olson Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity S relationship with the applicant.(Attach list if necessary.) Manager-TMPR,LLC Managers:Raymond L.Gottlieb and Perry J Hohman 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©No(F) If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ.The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O Fulton Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © e Disclosure Statement I rev. May-2024 page 1 of 3 Westview Plaza Associates, LLC Agenda Item 4 page 18 of 20 Disclosure SECTION APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation (F) O KPMG Architect/Designer/Landscape Q O Humphrey Architects Architect/Land Planner Construction Contractor 01 0 Engineer/Surveyor/Agent 0 0 Kimley-Hom Legal Services Q 0 FriedenlSeerylNuckolslHahn 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. /C11, , -W-,— _"�/'��/.+e�..t /0( 7�.�Y Applicant Name(Print) Applicant Signature �y Date 1 Parent-subsidiary relationship"means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. z Affiliated business entity relationship"means a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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 total Government Conflict of interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date}. 1/29/2025 Marchelle L. Coleman _J129/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Westview Plaza Associates, LLC Agenda Item 4 page 19 of 20 M- • 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. Westview Plaza Associates, LLC Agenda Item 4 page 20 of 20 Prepared by and after recording return to: Carol W.Hahn(VSB No.30171) Frieden Seery Nuckols&Hahn P.C. 222 Central Park Avenue,Suite 1300 Virginia Beach,Virginia 23462 WESTVIEW PLAZA ASSOCIATES,L.L.C.,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ay day of JGem.,n, 202< by and between WESTVIEW PLAZA ASSOCIATES,L.L.C.,a Virginia limited liability company(the"Al2,1licant' and GRANTOR for indexing purposes) and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the "CW"and GRANTEE for indexing purposes). WITNESSETH: WHEREAS, Grantor owns three (3) parcels of property located in District#1 of the City of Virginia Beach, containing a total of approximately 9.944 acres(the"Parent Tract"); and WHEREAS, Applicant desired to rezone a portion of the Parent Tract comprised of approximately 9.085 acres(the"Pro ")more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference; and WHEREAS, Applicant has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the City so as to change the Zoning Classification of the Property from B-2 Community Business District to Conditional A-24; and WHEREAS, The City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Applicant acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effect of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Applicant's use of the Property is zoned; and GPINs: Portion of 1456-15-4603-0000 Portion of 1456-15-2963-0000 1456-15-6973-0000 1 WHEREAS, Applicant does hereby voluntarily proffer, in writing, in advance of and prior to the public hearing before the City,as a part of the proposed amendment to the Zoning Map,in addition to the regulations provided for the A-24 Zoning District and the adopted land use plan by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Applicant, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or quid fro duo 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 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 Applicant, their successors, representatives, assigns, grantees, and other successors in interest or title: 1. Applicant agrees to develop the Property substantially in conformity with the Land Use Plan entitled, "Proposed Multi-Family,Development , 6528 Indian River Road Virginia Beach ,VA" (the"Plan")prepared by Kimley-Horn and Associates,Inc,dated October 30,2024 and revised January 20, 2025, which Plan has been exhibited to the City Council and is on file in the Department of Planning,which is incorporated herein by reference. 2. Applicant agrees to develop the Multi-Family project substantially in conformity with the elevations entitled,"6528 Indian River Road Virginia Beach,VA"(the"Elevations")prepared by Humphreys&Partners Architects L.P.,,dated October 23,2024,which Elevations have been exhibited to the City Council and is on file in the Department of Planning,which is incorporated herein by reference.. It is recognized and understood that detailed building plans may change as the planning process progresses. The intent of the elevations is to demonstrate the architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. 3. The monument sign shall be located in substantial conformance with the proposed Land Use Plan entitled"Proposed Multi-Family Development, 6528 Indian River Road,Virginia Beach, VA" (the "Plan" prepared by Kimley-Horn and Associates, Inc. dated October 30,2024 and revised January 20,2025,which plan has been exhibited to the City Council and is on file in the Department of Planning,which is incorporated herein by reference.The sign shall not exceed six feet in height and shall be designed and constructed of materials that substantially match the building architecture. 4. Further conditions maybe required by the City during detailed Site Plan review and administration of applicable City Codes by all City agencies and departments. 2 The above conditions, having been proffered by Applicant and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, shall continue in full force and effect 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 subsequent written instrument amending the proffers is approved and executed by the record owner of the Property, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Applicant covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all:conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, Applicant shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of Applicant and the City. WITNESS the following signature and seal: Signatures on next page. 3 APPLICANT/GRANTOR: WESTVIEW PLAZA ASSOCIATES,L.L.C., a Virginia limited liability company By: TMPR,LLC, a Virginia limited liability company BY: �`� _.---. _(SEAL) Raymond L. Gottlieb,Manager of TMPR, LLC STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 20 day of ,206 by Raymond L. Gottlieb, Manager of TMPR, LLC, a Virginia limited liability company, as Manager of Westview Plaza Associates, L.L.C., a Virginia limited liability company. `�v"11 I" [SEAL] �� N�A G. S���oi :� ��,•.••••••••.•.�sy Nota , ublic • �' My Commission Expires:. 1 3t 7�a. V�• NOTARY •�� • PUBUC My Notary Public Registration Num er: v?jj3j2a_ REG.#213972 : Q MY COMMISSION Z EXPIRES 10/31/2028 Q� i Obi•. .•'�J� ��` 11118111100 1�T 0O```,` 4 EXHIBIT "A" ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto pertaining, situate in the City of Virginia Beach, Virginia, containing 9.945 acres, more or less, and being more particularly bounded and described as follows: BEGINNING at a point in the northerly line of Indian River Road which said point is at the intersection of the northerly line of Indian River Road and the westerly line of Military Highway, and from said point of beginning, along the northerly line of Indian River Road N 78 degrees 35' 30"W,a distance of 36.56 feet(erroneously reflected as 35.56 feet in source deed) to a point; thence N 6 degrees 3 V 20"E, a distance of 18.63 feet to the true point of beginning; and from said true point of beginning N 78 degrees 39' 50"W, a distance of 96.72 feet to a point; thence S 11 degrees 20' 10"W a distance of 20.00 feet to a point in the northerly line of Indian River Road; thence along the northerly line of Indian River Road N 78 degrees 39' 50"W, a distance of 92.45 feet to a point; thence continuing along the northerly line of Indian River Road, along the are of a curve to the right having a radius of 899.93 feet, an arc distance of 279.84 feet to a point; thence, continuing along the northerly line of Indian River Road,N 60 degrees 50' 50" W,a distance of 341.53 feet to a point;thence N 28 degrees 36' 30"E, a distance of 538.58 feet to a point;thence S 80 degrees 40' 50"E, a distance of 574.36 feet to a point; thence S 6 degrees 31' 20" W, a distance of 664.51 feet to the true point of beginning. Said property being also known, numbered and designated as "PARCELS 1, 2 AND 3", as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF DENNIS J. CARDOZA" , 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 145 at page 32. LESS AND EXCEPT THE FOLLOWING PROPERTY(KFC Ground Leased Premises): ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto pertaining, situate in the City of Virginia Beach, Virginia, containing 0.859 acres,more or less, and being more particularly bounded and described as follows: Being a.portion of the property conveyed to Westview Plaza Associates in Deed Book 2367, Page 1031 and being a portion of Parcel 1 and Parcel 2 "SUBDIVISION OF PROPERTY OF DENNIS J. CARDOZA, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA DATED FEBRUARY 20, 1980 BY BALDWIN AND GREGG, LTD." of the property of record at the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia in Map Book 145,Page 32,and more particularly described as follows: Beginning at an iron pin found on the northerly right-of-way of Indian River Road said point being±962' northwest from the intersection of Indian River Road and Military Highway (U.S. Route 13) thence with the property of Bertie M. Twyford N 28°36' 30"E 229.49' to an iron rod set; thence leaving the line of Twyford with a new division line the following four courses and distances, S 60°50'50"E 111.36' to a point; thence S 31°27'47" E 59.48' to a point; thence S 29009'10" W 170.14' to a PK nail set, thence S 60°50'50"E 32.00' to a PK nail set, thence S 29009'10" W 30.16' to a PK-nail set on the northerly right-of-way of Indian River Road. 5 Thence with the northerly right-of-way of Indian River Road, N 60°50'50" W 193.00' to the point and place of beginning containing 0.859 acres being a portion of the property conveyed to Westview Plaza Associates in Deed Book 2367, Page 1031 and known as a portion of Parcel I and Parcel "SUBDIVISION OP PROPERTY OF DENNIS J. CARDOZA, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA DATED FEBRUARY 20, 1980 BY BALDWIN AND GREGG,LTD."of record in Map Book 145,Page 32 in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia. IT BEING a portion of the same property conveyed to Westview Plaza Associates,a Virginia limited partnership,by deed from Dennis J. Cardoza and Susan J.Cardoza,his wife,dated September 24, 1984 and recorded October 15, 1984 in Deed Book 2367 at page 1031. (NOTE:Westview Plaza Associates, a Virginia limited partnership, is now known as Westview Plaza Associates, LLC Successor to Westview Plaza Associates by Articles of Organization filed on 01-08-97.) S!\Ciienm1239T001%czovng\Westview Plaza Associates,L.L.C.Proffers vl CLN 10.30d024.docx 6 Virginia Beach Planning Commission January 08, 2025 Public Meeting Item #04 Westview Plaza Associates, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much for everyone who came out today on this application. Our next item is item number four, Westview Plaza Associates,LLC. Welcome. Mr. Olson: Good afternoon, Commission. My name is Alex Olson, and I am a representative of Westview Plaza Associates. So, I'm here today,obviously you've seen the recommendation from staff. We've worked very hard on this for years. We've owned the site since the early 90s. You've seen what it sits, you've seen what it looks like today. We started out with a pre-application with this city staff,February of 2024,and have worked through about a dozen different land plans. And we've basically brought forth that land plan, that answers and, or exceeds a lot of the recommendations that we were asked from all of that. So, I'm happy to answer any questions on the project. I know there's opposition on it. I'm happy to respond to the opposition, but I really think that we've checked the boxes in network seed. Most of the stuff that we've been asked with. I've spoken with a few of you on the commission. I know there's were some follow-up items that I owed a couple of you all. And I know there were some specifically related to curb appeal, aesthetics, landscape and all that. So, I'm happy to address any questions that may come up. Ms. Cuellar: Thank you, Mr. Olson. We'll start then and open up the floor. Do any commissioners have a question for Mr. Olson? Commissioner Plumlee? Mr.Plumlee: We had discussed this at the informal meeting,and I think you were present to hear our discussion, and there was a reference made from the planner that, Ms. Coleman that there would be a revision between our hearing and counsel. Can you describe the revision? Just we have them on the record. Mr.Olson: Specifically, the revision would be for the entrances for the right in, right out. That is closer to military highway, and then the entrance further down where the stoplight is showing that those meet and meet the code requirements for commercial drive. Mr. Plumlee: Was there any additional buffer or landscaping that was going to be made in addition to what's shown on this? Mr. Olson: Yes, and yeah, and I think that was one of the items, I was waiting for little bit more specific feedback on the rear of the site. I would call it plan north. There's a 10-foot buffer requirement. We've put a 15-foot evergreen buffer. In there on the southern plan, southern part of the plan where you have Indian River Road. I think there was some feedback on that. There's a 30-foot buffer between the back of the curb, 8-foot curb that we're adding. There's a 30-foot buffer between there and where we can build buildings. We can enhance the landscaping there, and it's more of a sort of a progress plan. We have not engineered these plans. We have not finalized landscape plans. But we will take anything and everything in consideration. Mr.Plumlee: And can you describe because while these things get discussed at the informal and you would think that we don't have to repeat ourselves,it's actually not a public meeting. Can you describe some of the efforts you made to engage with the public to describe,the plan, and? Mr. Olson: The largest thing we did. The most material thing we did was hold a neighborhood meeting. We held that on December 17th. We probably had 70 to 80 people that were represented. We heard the people for probably to two to two and a half hours. I think there were probably seven to eight items,I think,that were brought up as issues in that. I think some of them were discussions on school overcrowding, traffic, security, management, buffers contamination, and some of those things. Mr. Plumlee: I'm sorry to interrupt, but there was also a theme that this should not be for affordable housing. Was that also indicated? Mr.Olson: There was discussions that they do not want affordable housing. I can't proffer that I can't do Section 8. That's illegal. It's a fair housing issue and I'm not willing to do that. But this is a market rate project. Mr.Plumlee: It's a market rate project. Mr.Olson: Yes sir. I'm not in the business of Section 8 housing. Mr.Plumlee: Okay. I don't have anything else. Ms.Cuellar: Are there any questions for the applicant? Yes. Commissioner Parks. Mr.Parks: Just to touch on what Commissioner Plumlee was talking about with the landscaping. There was also discussion about buffer between the existing KFC. Is that under consideration? Mr. Olson: I'm gonna work. I'm gonna work. We own that land and lease it to KFC, and I'm gonna work with that property, the lease on that and do a buffer. I think that benefits both our project and their project. Ms. Byler: I have one question, Mr. Olson. Could you just share with us, please, what your notification process was to the residents, and then specifically also in reference to the signage? Mr.Olson: So,we initially put the signs up per the required code. I honestly don't remember the exact date. We were notified on January 3rd that those signs were down when there was a planning commission tour. That same day, those signs went back up. We took the initiative to put a metal sign, zip tie it. Put it up there. It's missing again. When didn't take that down. So we did that. We reached out to the church that is in that neighborhood. They gave us notification. I believe there was a Facebook group. But to the best of my knowledge, 70 to 80 people showing up to a neighborhood meeting is people knew it was happening. Ms. Byler: Thank you very much. Ms. Cuellar: Was there someone on this side? Commissioner Anderson? Mr.Anderson: Sorry. How are you? Mr. Olson: Good. How are you? Mr.Anderson: Yeah,what was brought up about the KFC and the frontage and the landscaping? Are you talking about just the divide between your property and the KFC or frontage? Indian River Road frontage as well? Mr. Olson: I'm talking about both. Mr.Anderson: Okay. And I know we've discussed about the frontage on the whole property in front that we'd like to see a better landscaping plan before city council, if it's approved. Mr.Olson: Sure. Ms. Cuellar: Okay. Hearing no further questions, Madam Clerk, could you please tell us how many speakers we have as you call them? Mr. Olson,you can come back up after the speakers. Ms.Clerk: At this moment,we have five total speakers,and our first speaker is William Levanda. Ms. Cuellar: Thank you. Welcome. Mr.Levanda: Thanks for hearing me out. Ms.Cuellar: You could please state your name for the record. Mr.Levanda: I am William Levanda. I have lived in Sherry Park for right now for 43 years. My property adjoins the backside to the right of the retention bond. That's all wetlands back there. The problem we've got is like innovation and privacy with the back building. If it's three stories, you're going to be able to look right down in the neighbor's backyards. That's not really cool. I've talked to the neighbors. I've got over 83 people against it already. I went door-to-door. Traffic is an issue, or is going to be an issue. They didn't do any far as we know to go in there and really, check that out for us traffic wise going to military highway,right now it backs up a quarter mile at times. If they try to get out of there, I don't know how they're going to do that where it's set up now. The neighbors are,you know,worried about crime and everything else,but you really don't know what's going to happen. You don't. The other parts are like the contamination. I think Marcella gave you the pictures. Do you guys got them? Behind it because it's wetlands. You got those? Ms. Cuellar: Yes,we received your pictures. Mr. Levanda: If you want them,but that's up to you all. Anyways, like I said, I used to garden back there, and all the food and stuff, I used to give to the neighbors, the windows, people like that, that's going to end now when they do this, but that's progress. The thing about it too is, on, from the retention pond where the trees end and aback,there's no fencing. I don't know what kind of people are going to be moving in there. They can come right into my backyard. I've just had people back there recently. Over 43 years only got robbed three times. I think that's pretty good. But you don't know what kind of people you're getting in there. I even went in the woods. My daughter went through the swamp with boats picking up cans and bottles. So we got it pretty clean now for a while. The woods I've cleaned up, now we don't know what's going to happen. Who's going in there? You don't know who's behind you. I don't know,if I can build a fence because it's wetlands. So what do I do? I don't have much of it, I'm stuck between a rock and a hard place now, after 43 years. It's either, move is the only other thing I can do, but after 43 years, we do want to move. I love that place. It's great. The water behind me, when I moved there,you could see white sand. You got the pictures now,you see what it is. They just opened up that Elevation 17. I don't know if you guys or folks have a retention pond back there or not. I've already checked it out. There isn't any. That's the headwaters of this creek. That's where it starts out. I'm getting all this pollution back there. Ms.Cuellar: Thank you, sir. Mr. Levanda: Everybody that sees it, that's what I got to live with now. The more they build, there's got to be an end to this somewhere. We got to start cleaning up. I had the EPA out there. Ms. Cuellar: Well, I appreciate that, sir. And your time is up at this time, but thank you very much for expressing your concerns. Ms. Clerk: Our next speaker is Tracy Eagle Smith. Ms.Cuellar: Oh wait,pardon me. Did anyone have any questions for our next speaker? Mr. Plumlee: I did. Ms. Cuellar: Pardon me. Sir,would you please come back up? Thank you. Mr.Plumlee: I got a feeling he wasn't fmished. Mr.Levanda: I could be here for a while. Ms.Cuellar: Would you be kind enough to put your microphone a little closer? Mr. Plumlee: It's Mr. Levanda, is that correct? Mr.Levanda: Yes,Levanda. Mr. Plumlee: Lavenda, thank you. And a 43-year-resident. Can you, is the current aerial available to put up? That's it there— Mr. Levanda: The woods in the back,right side. Mr. Plumlee: The woods in the back,right side and where's your home? Mr. Levanda: That's mine. Mr. Plumlee: Over there to the right. Mr. Levanda: Yeah, in the back. Mr. Plumlee: Straight up. Okay. Can 1 ask you, you've mentioned the petition of 83 persons. What does the petition say? Mr. Levanda: It's against building it. You want a copy? Mr. Plumlee: Sure. That's fine. I think it's useful to actually see it. Ms. Alcock: Sir, if you could bring it over here to the clerk, and we'll circulate it to the entire. Thank you. Mr.Plumlee: Sorry, I set you up for that. Ms.Alcock: This was in the supplements. Mr. Plumlee: Thank you. And you had your issues that I heard. Just I want to make sure I heard them all was the invasion of your privacy from that side. There's both like an inability to have a privacy fence because the wetlands, but also the height of the building could invade. And then you are worried about safety. Mr. Levanda: I've had, yeah. I've had crazy people. I mean, it's, like I said, I can sit here and tell you stories. Mr. Plumlee: What is your access road to get to your neighborhood? Mr. Levanda: I come into the Sandra Lane, St. Matthew's Church. Mr.Plumlee: Okay. Mr. Levanda: The problem, I think,too,with the traffic that's going to be is you only got maybe 400 feet from that red light to Military Highway. Now, if they're trying to get out there in the morning,people already back up sometimes to the Sunoco. So how many people are going to get out of this development? Maybe two, three, between red lights. It's going to be a cluster mess. How active is, are the businesses in that shopping center right now? Mr. Levanda: In Westview, they're really, it's all only fmancial center right now. Mr.Plumlee: Okay. Ms.Alcock: So there 10 cars there at a time. Mr.Levanda: Yeah,they're all working from home now after the pandemic. Mr.Plumlee: You can't use your auxiliary memory. You have to give me the best you can from there. Mr.Levanda: That's my daughter. She always has to say something. Mr. Plumlee: I gotcha. Thank you so much. I appreciate you answering my questions. Mr.Levanda: Yep. Ms. Cuellar: Thank you. Are there any other questions for the speaker? Thank you very much sir. Mr.Levanda: Oh,also,can I add one more thing? We had the meeting of St. Matthew's Church the I TI of December. Our councilman was there. We were there. And actually, he told us this was going through. More or less, there's nothing we can do. And when I went to get these petitions, they said, Bill, you're doing this for nothing. They already said they're going through with it. They dotted all the Ts in the I's. Why did we even go to the meeting? That's all I can say. Thank you. Ms. Clerk: Our next speaker is Tracy Eagle Smith. Ms. Smith: Good afternoon. Thank you for the opportunity, everyone. I, my questions have already been answered, so I appreciate your time. I have nothing to add. Ms.Cuellar: Thank you very much. Ma'am, are you still there? Ms. Smith: Yes, I am. Ms. Cuellar: Yes, I am speaking in support or in opposition of the application. Ms. Smith: I'm neutral on this application. Ms. Cuellar: Thank you very much. Ms. Clerk: Our next speaker is Teresa Riddick. Ms.Cuellar: Good afternoon. Please state your name for the record. And if you'd be kind enough to move the microphone down so we can hear you clearly. There you go. Thank you. Ms.Riddick: Teresa Riddick. I own the property at 1164 Leland Circle. I'm directly across from this development and no,I've received no paperwork on the previous meeting. So,I did get a letter in the mail on December 23rd. So, my first time to all of this. I have reviewed the plans. My concerns are parking. I have 165 units, two cars per unit, 330 spaces is what I expect should be on the plan. What's on the plan is 308 spaces,which I hear is in accordance with city requirements. However,that's 22 spaces short. So,where's everybody going to park? So,the previous diagram I think you have,you can see where our Leland Circle is directly across from the light. So,when you're going to leave the apartment complex, you're going to come right to my house. Okay, and then we have a circle, and so there's Leland Circle starts here. So we know where the 22 spaces the visitors, and anyone else is going to go. Okay. So my request is that we get some kind of signage at the entrance of Leland Circle on both sides. It enters Indian River Road in two places that would say resident parking only,towing will be enforced. There is no other available parking. This development is surrounded by water, wetlands, two highways that go 45 miles an hour. So, it's not like you have a neighborhood where, some parking could spill out into the neighborhood. It's just not possible. So, we're just trying to avoid our problems in the future. If y'all could help us with this,that would be great. I did hear someone mentioned traffic. I do agree that when you are coming off military highway at 45 miles an hour, you're pulling on Indian River Road. Someone needs to stop to get into this complex. We need a turn in lane. I mean, the beautifying and making everything look pretty is great, but we do need a turn in lane. It's 165 units. People are going to constantly be stopping and the traffic will be flying. And of course, everyone's concerned about Section 8 housing. Is there any guarantee that you can give the residents that they would have to come back before you, before Section 8 housing could occur? So, that would be request, and there are many neighbors that did not know about this, so we, the person who is directly opposite of my home on Indian River Road and Leland did not know about this either. So those are our requests. The development does look aesthetically very nice. Ms. Cuellar: Thank you, Ms. Riddick, and if you just pause for a moment in case any of the commissioners have a question. Ms. Riddick: Okay. Ms. Cuellar: Commissioner Mauch. Mr. Mauch: Thank you for your comments. I do have a question about something you said. I just want to clarify with staff about parking. Is there a sufficient amount of parking and is it the numbers in which she had stated? Ms. Alcock: So, you have a parking requirement according to our ordinance, you'd be required to provide two parking spaces for the first 50 units and then 1.75 spaces for any unit above 50. So, it does meet the requirements as established in our ordinance. Ms.Riddick: It does. That's a true statement. But like I said,there is no overflow neighborhood for the additional cars to go to. Mr.Mauch: Traffic concerns,and the reason I'm gonna ask staff about this is just because I think it's going to be looking at the letter that was drafted for people to sign the petition. It had stated overcrowding of schools, Indian River Road traffic concerns, Bald Eagle concerns as well as invasion of privacy, and then the environmental concerns as well with the water. And I'll get to some of those when have some discussion. But since you had mentioned the traffic concerns, I want to make sure with staff that that in our report we get how many cars travel per day on a road, how much the capacity is. Not everybody gets the opportunity to see that. So, if staff would like to say what they've found about the traffic on the road,what the capacity is? What is the capacity it can handle,just to give some clarification for the public. Ms. Cuellar: Commissioner Mauch, so you're asking staff for clarification in response to Ms. Riddick? Mr. Mauch: Correct. Just because she had brought up the concerns of traffic and the turn lines because I know we had also gotten them. Ms. Cuellar: Ms. Alcock,could you address that? Ms. Alcock: But if we can have Rick Loman, the city traffic engineer, come up, he can address that. Ms. Cuellar: You can just stay. He's going to answer your question. Mr. Loman: Rick Loman, Public Works Engineering. So as far Indian River Road goes, the volume as of 2023 on Indian River Road was about 29,000 cars a day, and with the six-lane roadway that's out there, it's got the capacity, excuse me, about 55,000 vehicles a day. So Indian River Road itself is under capacity. The intersection, obviously intersections, they do create bottlenecks because you stop two big flows of traffic. But that intersection isn't one that we say this one's over capacity. This one is not one of the problem intersections in the city. As far as the right turn lane goes trying to find you. There you are. As far as the right turn lane goes we thought about that. It doesn't meet the warrants or it's fringe meets the warrants for a right turn lane, but the fact that the roadway is so under capacity, and it is a six lane road it gives us the ability to say, de facto,the out,the outside lane is going to be a right turn lane. And they've got two other lanes to use. Because the roadway is so far under capacity that, that's part of the decision that we use engineering wise, engineering judgment wise, and there isn't a lot of wetlands out there. So, to build a right turn lane,you'd be destroying,potentially you'd be impacting the environment. Ms. Cuellar: Thank you very much. Are there any additional questions for Ms. Riddick? Commissioner Plumlee? Mr.Plumlee: Ms.Riddick,I just wanted to give you an opportunity to explain the right turn lane and the queuing that you're concerned with from the traffic generated at this location. Ms. Riddick: Okay. When you're coming across a military highway. Okay. I see the first entrance that you have, okay, that's going to be 45 mile an hour traffic,you know,we're all flying across that intersection, and then someone's going to make a quick right turn, and we're,half of us are on our phones, you know that. That's where your first accident's gonna be. Okay, maybe because there's a light there at KFC, somebody will slow down. But that first one is going to be the potential to be where the accidents are going to be. Not to mention, somebody's got to stop at the red light to take a right, and they're going to be in a hurry, and someone could be stopping on their brakes to turn into the development. So that one's such a short distance from the intersection that could cause accidents. I mean, it's a potential, and a turn in lane, I know everybody wants more trees and everything to look pretty, but a turn in lane makes a lot of sense. Or you could make that first entrance maybe more of a slider entrance where,they can bow it a little bit instead of a turning lane, but bow it in so that. They're coming in a little quicker than just doing a direct stop and turn. But anyway, that's, that would be my concern. And you the property, it looks like you did do a 100-foot buffer, from what I could tell, as far as the environmental. If the, we're talking 22 spaces, so that everybody can have two spaces per. Okay if you could go maybe to a 50-foot buffer and allow them to do 22 additional spaces. It just makes sense. It's just common sense. We know people are going to have two cars or they're going to have a visitor. That's the reality of it all. And these aren't,this isn't an old complex. They're going to want 100%capacity. We know they're going to want to rent every one of these houses. And, it's just going to end up across the street. Oh,and I did request those signs. So,I would like to know if we could get some signage about residents only. Ms. Cuellar: Thank you very much, Ms. Riddick. Mr. Plumlee: Is that something the staff could tell us about whether that's possible? I'm not sure that is possible for based upon a project, is that a question y'all can answer? Ms. Riddick: I have seen similar signage from Norfolk. Ms. Cuellar: Okay. Mr.Loman: As far as the no park,the residents only in Virginia Beach,I mean their public streets. We don't sign streets except in very specific cases and that's by petition, and it's generally around high schools where you have the, where you have the high school students that will flood a neighborhood instead of paying the $20 for the permit, or in the case of like first colonial where there's not enough parking for all the students, and they just take over the whole neighborhood. So, we do restrict parking during school hours only but in general, no, we don't, they're public streets. Mr. Plumlee: But there's a petition process for that if it's. Mr. Lowman: Only if it's a public school. Mr.Plumlee: Oh,gotcha. Mr.Lowman: If it's a high school,but there is no,these are public streets, and the public has the right to use the streets and park on the streets as legal,legally park on the streets. Mr. Plumlee: Got it. Thank you. Ms. Cuellar: Thank you. Any other questions for Ms. Riddick? Thank you for being with us today. Ms. Clerk: Our next speaker is Jeannette Martin. Ms. Cuellar: Welcome. Please state your name for the record. Ms. Martin: I'm Jeannette Martin. I'm 3324 Melissa Street. Okay. Good afternoon, planning chair, members and planning staff. I'm here really today to share concern about the stormwater drain off in the area. And to ask that the stormwater issues be addressed with the highest scrutiny. As you know, stormwater runoff is a critical issue in all areas of Virginia Beach,but since at least 1990, the stormwater has destroyed the small waterway, including its natural life located at the back of the Sherry Park neighborhood, and that's the neighborhood directly behind the development. Much of the runoff from Indian River Road,when they repaved it many years ago, and with the building of St. Matthews, all that runoff was dumped into the small waterway. And it, actually the waterway runs along the side of my house, but it drains into the small waterway that leads into the Elizabeth River. So,the drainage into this waterway,the waterway for drainage was based on 1959 standards. Okay, so you know where I'm going. As they build, they just continue to dump in there. So, if you come and look at the waterway, and I would have brought pictures,I was really coming to get information today,but I really felt I needed to speak. But what that runoff has done, it has destroyed the waterway. The natural life is gone,except for the ducks. But it's gross, it smells, and the whole thing. And for over the years, I've been here when St. Matthew's was built. I came back a couple times and yes, we're going to address it,but it's never addressed. If you come to look at it right now, you wouldn't even believe the city had addressed the problem. So,what I'm really asking,you know, I'm all about Virginia Beach. I grew up here. It's the neighborhood I grew up in. My parents bought the house in 1959. It's my house. I love the neighborhood. I went to Kempsville High School, spent most of my career here,moved away for a while,and I'm back here. But I really would like all of Virginia Beach to be environmentally safe. I'd like it to be beautiful and enable a living shoreline. And so I bring you to the point, I'm looking at this, I,not even that I have the background, I mean, it's humongous,but I would like to be ensured that the drain off is not going to run into the waterway along the side of my house because those streets all connect to pipes. The original drainage was meant for our small neighborhood and now that everybody else is connected into it, it's destroyed it. Not to regress, but the city came out and put in two pipes saying that would address it. Well,that made it 10 times worse. Try to get somebody out there to fix it now. Everybody wants to give it to a different department. Nobody wants to fix it. So, I'm just asking for this development and I know you're smiling because you know exactly what I'm talking about, but for this development, I'm asking that we be assured that none of that runoff runs into the waterway that's adjacent. That's at the back of the neighborhood. Ms. Cuellar: Thank you, Ms. Martin. If you just pause for a minute, the commissioners may have a question for you. Commissioner Mauch? Mr. Mauch: I don't have a question, but I do want to talk about the stormwater runoff because I think that's very important, our city, and I'll continue to say this each meeting because a lot of people don't necessarily know this, but our city has adopted the one of the most stringent stormwater standards in the nation, where a 100 % of the water has to be retained on site through and through these two BMP's that they're going to have, it's where the runoff should go to,which will help filter anything out of the water that's being run off into those BMP's before it enters. I would suggest that,if you have the ability to reach out to our stormwater engineering department, and they can explain exactly what's going on. We have to take what the developer has given us, which is a very minimal stormwater management plan. But by the time it gets to going into their development phase,if this goes through they have to have a rigorous stormwater management plan that is to retain 100%of their water on site which is a benefit to that canal that's going right through there. It will not help any of the other stuff that's happened around it. But this site, currently all of the water just goes straight off the sides. And so this will help this property right here retain that water. Ms.Martin: And thank you for that,but where will that drain off eventually go because the pipes back there are,they're all pipes, and they can connect right to the ones that run along my property if somebody hasn't paid attention to that. And really, with all respect, we're told this every time, but if you came out and saw this waterway,you would not believe this is in Virginia Beach, sir. Mr.Mauch: I believe you. Ms. Martin: I mean, it's just sad, that we allowed this to happen. But again, I think sometimes things happen. I don't want to get into the politics of it all, but things happen. And I just ask that we really,I think this waterway's been damaged enough that we really make sure that the planning council,and who's ever in charge that no more water goes into waterway. It's off of Melissa Street. It takes in from Indian River Road. St. Matthews,you know,how big that is? And the little thing was designed for hoarder for the small neighborhood not for all this. So I agree with you, there's BMPs,but all that gets dumped somewhere. Where does it get dumped? And maybe we need to look at that. Mr. Mauch: Yeah. And again, I would definitely suggest reaching out to this to find out more of that information because they can explain it much better than you are. Ms.Martin: Yeah. And I just want you to know I did try,but I,1 couldn't get to anybody. That's why I'm here today. So, I'm letting you know that too. Ms. Cuellar: We're glad that you're here. Thank you very much. Ms. Martin: Okay. And thank you. I really appreciate. Ms. Cuellar: Pause for just one moment just in the event that we have any additional questions. No. Okay. Thank you very much, Ms. Martin. Ms.Martin: Thank you. Appreciate your time and your dedication. Ms. Cuellar: Thank you. Ms. Clerk: Our last and final speaker is Greg Schmidt. Ms. Cuellar: Welcome. If you would please state your name for the record. Mr. Schmidt: Sure,Greg Schmidt, and I'm actually the civil engineer for the project with Kimley Horn. I appreciate y'all's time today. I'd like to kind of stand by for any questions. I know there's been a number of things that have come up. If you have anything specific you would like me to address,I'm happy to shoot my shot. Ms. Cuellar: I think as a point of order, we would have the applicant, if I could just get some direction then for Ms. Eisenberg, the applicant would come back to rebuke. And then if we have a specific question for you,we could ask. Mr.Alcaraz: I have a question. If you can just summarize the stormwater real quick. Mr. Schmidt: So, in summary, with a new development or a redevelopment, we're actually required to decrease the amount of pollutant load and stormwater quantity, the amount of volume of water going into the waterway by 20% for a project of this size. So, there will be a 20% improvement. That will go through the rigorous review at the city engineering development services department during the site plan process. Ms.Cuellar: Okay, Commissioner Hippen. Ms. Hippen: Would you please address the statements that people would be able to look down into backyards from the apartments and explain why that is or is not true? Mr. Schmidt: The buildings will be designed to have a peak of 45 feet. That would set the third floor at roughly 30 feet. We have a 50-foot setback basically provided from the nearest building to the single family, which equates to roughly a 100-foot distance from the nearest single-family unit to the nearest multifamily unit. There are existing mature trees that are on the adjacent properties that we will not be disturbing that I would say are at least 40 feet, if not taller. We are adding the additional buffer, and I do want to clarify that the area that is not hatched by green in the plan itself, the area that is the aerial itself will remain undisturbed. We will not be touching that area. So,those will remain as those 40, 50, 60-foot-tall mature trees. Ms. Cuellar: Thank you. Commissioner Parks. Mr. Parks: Greg,do you guys have any preliminary stuff? I know Rick talked about traffic,but have you guys looked at that? I know. That was a big point of discussion that has been brought UP. Mr. Schmidt: Sure, and from a transportation planning perspective, we look at this project for what it is in terms of the existing land use or land use potential based on the zoning. So in reality, this is actually a down zoning from both a zoning ordinance perspective,and from a transportation planning perspective where this would create less traffic. It does not trigger the amount of traffic in the peak hour to warrant a full traffic impact analysis, but what we are committed to and is in the staff report is analysing the operations of the signal at the main entrance to the apartments. And we will be doing that concurrent with the site plan process, collecting data to analyse the operations. I know one of the speakers lives on Leland Circle. We will be analysing those left turn movements into and out of the signal to make sure those operations are aligned. Mr.Parks: Just to be clear,it would be less traffic than if it was redeveloped as another shopping center by right use. Mr.Schmidt: Sure. Yes. In the buy right use scenario,we're talking roughly 3,500 average daily trips with the proposed development plan,we're talking about 1,100 trips. Ms.Cuellar: Okay. Thank you very much. Commissioner Estaris? Ms. Estaris: Yes. I truly appreciate the submissions for the petitions and the images that were submitted, but I was awaiting for someone to address what was submitted in the second supplement, and I thought it was Mr. Lavenda who had done the petition. There was also images of oil in the water. Can someone explain that or would you like to explain that further as to what that is in those images? Mr. Schmidt: The oil? Ms.Estaris: Yes,there's images of oil. Mr. Schmidt: I cannot explicitly state that there is an illicit discharge from this particular property. We are not aware of that. We have not been notified of anything like that. Ms.Estaris: So that has not been reviewed? Mr. Schmidt: In terms of oil being present in the waterway, not as it specifically relates to this project,no. Ms. Alcock: So, Commissioner Estaris, that's something that our inspectors went out to do the inspection. They went out on 12/30,December 301, and they intend to go out again just to follow- up, but they were not able to have sourced that back to this site, to this property, but we are, it is something we're keeping an eye on. But based on our inspections, it doesn't come. It doesn't. It's not the result of anything happening on this subject site. Ms.Estaris: Okay,thank you. Ms.Cuellar: Commissioner Plumlee? Mr. Plumlee: You went through it quickly, but I just want to highlight. You said a reduction of 20% with regards to volumes leaving this site. Is there also going to be additional permeable surface as a result of this project as compared to the current condition? Can you describe that? Mr. Schmidt: Yes sir, I appreciate that question. Within the resource protection area alone, we are increasing the amount of green area, landscaped area by 8,000 square foot from what is there today. On the property as a whole for the proposed development project, we are increasing green area or landscaped area by 20,000 square feet from the existing condition. Mr.Plumlee: Thank you. Ms. Cuellar: Commissioner Anderson. Mr. Anderson: There was something brought up about what from the resident right behind on your buffer zone, and there was not going to be, or cannot have a fence there. Is that correct? It only can be evergreen trees? Mr. Schmidt: That is not correct. And Mr. Anderson, the client, and I believe this commitment was made at the community meeting, is committed to adding a fence, a privacy fence as city code permits. If we can extend it into the resource protection area with limited or no tree clearing, we will. But we are committed to adding that to the plan as part of the proffers. Mr. Anderson: And would that be just on the back side of the property? Or is that going to be down the side? Coming by the KFC? Mr. Schmidt: I've never had good luck with a single-sided fence. They tend to blow over. So, I think we would have to have some sort of return down the side property lines that likely will occur in front of the RPA. As mentioned,the RPA is really the most critical piece of stormwater erosion control, all of that on this project. So not disturbing that as paramount. But we are committed to adding a fence. We will share the limits of that fence on the plan moving forward. Okay. Thank you. Ms. Cuellar: Any other questions? Thank you very much. Mr. Schmidt: Thank you. Ms. Cuellar: Mr. Olson. You now the opportunity to come back and rebuke. Mr. Olson: Thank you. I think we've heard from everybody that's sort of been involved in this from the neighborhood. Traffic engineers,our engineer that we've brought to the table. I'll speak really quickly to parking on site. This project at 165 apartments will be approximately 40% one bedroom apartments. So, if you look at the amount of traffic that comes in here, it is going to be less than the 308 parking spaces that we have. We own other multiple,we own multiple apartment projects, and we have never had an issue with anything in the 1.75. And I think we're, our ratio right now is 1.87 parking spaces per unit. So that's an operations item. And it's an item that, that we'll handle if it happens,but I do not believe it will happen. Traffic obviously by right, trips per day is significantly higher than what the by, what the trips per day will be with what we're going to. So hopefully that, that will sort of calm some of the questions on that, and then stormwater, I think you heard the engineer, you heard the questions we're required to do it. I don't have an option. So, I'm doing to do what I'm required to do, and that's it. So, if unless there's any other questions, I appreciate you all's time and hope we can move to approve this. Ms.Cuellar: Thank you. Mr Olson. Are there any additional questions? Commissioner Plumlee. Mr.Plumlee: So,the concerns that we've heard are invasion of privacy,parking, the traffic lane, stormwater and stormwater quality. But the last one that Mr. Lavenda brought up was safety and crime. You've managed these facilities. They've been placed near single family communities. Can you describe your experience with regards to increase crime as a result of doing these? Mr. Olson: We don't typically see that. We even, forget about the crime question. What we do, whether it's brought up or not, we have courtesy officer concessions that we provide to police officers with police vehicles. We offer them concessions. We have a full CCTV controlled access on our site,which is how we run the project for security basis. We also have on site management? Yes, they're there from 9 to 5, typically Monday through Friday, maybe some altered hours on Saturday and Sunday. If there is, we're vested in this project, and we've invested in it for a long time. If there's a crime problem, I'm hiring a third party service. If there's a crime problem, I'm paying the City of Virginia Beach off duty officers to come to my site. I will not let it just perpetuate and be a bigger issue. So that's,yes. No,we take it very seriously. Mr. Plumlee: Would you venture to guess that perhaps having a blighted old building there now may be of a greater risk than having a well-populated,well-appointed new community. Mr. Olson: Sure. Ms. Cuellar: Okay. Having no further questions at this time, I welcome a motion or comment. Commissioner Byler. Thank you, Mr. Olson. Ms. Byler: I have general comments. Not for you, sir, but thank you. So once again,this gives me considerable thought. We have to balance. I will say that I've walked the site, I've inspected it myself and as a property owner, real estate broker, a resident of Virginia Beach, this site is benefiting no one currently. It is not an asset to the neighborhood. It is not an asset to the property owner. It's not an asset to the City of Virginia Beach, or the community at-large. So,how do we take a piece of property that's fully paved and has all kinds of runoff right now and turn it into something that we can all benefit from? That will be an asset to the neighborhood, an asset to the property owner,an asset to the city. So,it's zone B2,that's for commercial retail use and everything I've heard and all my experience tells me if we develop this into B2 retail,another shopping center, it's going to have a greater impact on the neighbors who have concerns than if we put it into residential. We know that we need residences, and this is a lovely, at least aesthetically property projection. Nobody likes change. And I'm sorry that an empty parcel has to change. But I will say, unlike the previous application, it's not a forest. It's not a habitat for squirrels and birds. It's an eyesore, to be honest. So, I'm tending to support this unless someone says something that changes my mind. Ms. Cuellar: Thank you,Commissioner Cromwell. Ms. Estaris: I would say, I would ditto Commissioner Byler on that. We tend to review commentary extensively, especially with all these submissions,and I appreciate the time and effort that the residences nearby had put forth. I see you went from 47 signatures to 83 signatures. I know you extensively reviewed and actually submitted images as well. But as you would also agree is that property has sat there for so many years. And imagine that it maintained the B2 status. And you talk about traffic and you talk about safety and security, all those would be an increased enhanced tremendously. So, someone to come and develop this with you, not only aesthetically, but the fact that they're vested in the project. Your petition to because of the Eagle Nest was actually,we reviewed that an informal session, and that was not the case. We have reviewed the schools, and according to the review, it would be additional possibly 18 students. We reviewed the safety and security where Mr. Olson has says that he would put a CCTV and also has reduced rent for officers and first responders. So, he's actually trying to help, bring something wonderful for that community, and something very much needed, especially housing and to have a market rate housing is incredible too. So, I'm of the view it is, I live in this area, so I see it often, and so it's very much a need, and I appreciate a developer coming in and to look at rezoning this. So based on the considerations and the opposition heard, I'm making a motion to recommend the staff recommendation of rezoning this area and also accepting the proffers unless I hear otherwise from any other folks that would like to present. Ms. Cuellar: Thank you, Commissioner Estaris. Is there a second? And then we will have additional discussion. Ms. Hippen: Okay. I'm going to second with a couple of things. Number one, I do not believe that these apartments are going to be looking down into private homes. I,too,have walked around that area, though. I don't live in district one. I live nearby in district seven. And that is an area that I, that I do go around frequently. I know the area well. I know that has been a blighted shopping center or strip mall for a while. A while. I personally believe that developing this, I think you've got a very willing person here that's developing this, and they're very informative. Sorry,your signs got stolen. That's just the way it is. But I believe that this would be good for the area and that it will not increase. What's the woodchucks? The woodchucks are with, where the Woodchuck Elementary School is and the college park. I don't think that this is going to overrun that area. I think this will be good for the area. It will be good for the city in the long run, and I think they will be good neighbors. So, with that, I do second the motion. Ms.Cuellar: Thank you, Commissioner Hippen. Commissioner Plumlee? Mr. Plumlee: I echo the positive comments, but I want to recognize that Mr. Lavenda, Ms. Riddick that you all came here and engage with the city. This is a big city, over 5000 people working in the city. It's a large place with complex features and difficult to understand how it all fits together. I'm learning every day. I feel like being on this commission,I'm sort of drinking out of a fire hose of knowledge coming at me, and so I applaud you. Stay vigilant with your rights. Don't leave the area because there's going to be multifamily down the street. I think you will see the benefits that they're being described. But I really do appreciate you coming and expressing yourself very well,but I will support this motion. Ms. Cuellar: Thank you very much. Is there any additional discussion? Commissioner Mauch? Mr.Mauch: Kind of to piggyback off what he said,I want to make sure that everybody's concerns have been heard and, talking with traffic engineering of the parking and traffic on the streets Section 8 is something that we just can't, put in and talk about. So, it's not within our purview. So, stormwater has been talked about, and also I want to ask that the new signatures be put into the record on what he had given us, because I believe we had 42 signatures at the time when we received it. Now there's 80 plus. And then I think there was one thing that wasn't addressed and it was the privacy issue. And this is a question because I don't know,but from staff, if they were to build by right what's the highest, they could build, if we know that off the top of our head? Because I see on the elevations that they have here, I believe that it's going 45 feet to the very tip top. Ms.Hippen: We did address privacy and we talked about the 40-foot trees that are still there,the height of the buildings. So, we did address privacy, but the question about by right height is a good question. Mr. Mauch: Yeah. And if we can't fmd it in a timely manner, it's fine. I just want to make sure that we can get back to the person who had asked that question just to make sure that they understand that it's probably going to be within that 10-foot range or so. Ms. Cuellar: It was Mr. Lavanda. Mr.Mauch: Yes. With that being said I am going to support this as well. Ms. Cuellar: Thank you, Commissioner. Is there any further discussion? Oh, excuse me, Ms. Alcock. Ms. Alcock: So section 904B of the zoning ordinance, when you have a zoning lot that is zoned B-2, as the subject property currently is, and it's adjacent to a residential lot,it would be restricted to a height of 35 feet. Ms.Cuellar: Thank you very much for that. Mr. Mauch: Really quick, while you have that, what would the setback be on that? Ms.Alcock: And let me provide actually one more point to that. That would apply to the portion of the lot that is within 100 feet of the residential properties. Mr. Mauch: Okay. Thank you. Ms. Cuellar: Hearing no further discussion, are there any planning commissioners abstaining from the vote? Hearing none,we have a motion on the floor to approve this application moved by Commissioner Estaris and seconded by Commissioner Hippen. Ms. Clerk: The vote is now open. Ms. Cuellar: Commissioner Estaris? Ms. Clerk: By a recorded vote of 11 to 0, item number 4, Westview Plaza Associates, LLC, has been recommended for approval. Ms. Cuellar: I want to thank everyone who came out today and to speak on this application. Vote Tall AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 Applicant agrees to develop the Property substantially in conformity with the Land Use Plan entitled, "Proposed Multi-Family Development, 6528 Indian River Road Virginia Beach,VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc, dated October 30, 2024, which Plan has been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. Proffer 2 Applicant agrees to develop the Multi-Family project substantially in conformity with the elevations entitled, "6528 Indian River Road Virginia Beach, VA" (the" Elevations") prepared by Humphreys & Partners Architects L.P., dated October 23, 2024, which Elevations have been exhibited to the City Council and is on file in the Department of Planning which is incorporated herein by reference. It is recognized and understood that detailed building plans may change as the planning process progresses. The intent of the elevations is to demonstrate the architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. Proffer 3 The monument sign shall be located in substantial conformance with the proposed Land Use Plan entitled "Proposed Multi-Family Development, 6528 Indian River Road, Virginia Beach, VA" (the "Plan") prepared by Kimley-Horn and Associates, Inc. dated October 30, 2024, which plan has been exhibited to the City Council and is on file in the Department of Planning, which is incorporated herein by reference. The sign shall not exceed six feet in height and shall be designed and constructed of materials that substantially match the building architecture. Proffer 4 Further conditions may be required by the City during detailed Site Plan review and administration of applicable City Codes by all City agencies and departments. SCPP�g�FFER , .,a.M Proposed Multi-Family N5CP1o0?_SEjg �. i �' 100'WETLAND \ Development BUFFER 65281ndian River Rd. I j �� ✓W OPAQUEFENCE Virginia Beach, Virginia \ rMaECF wTA �' � - _._ _._._. _ _ � ,.,..�.o... ,• cuRRENr zoNND Aae / M,N°MMDOBIIn KLVAED �LRE,9ACAE 1 /,� '/ M •�� 1`,\ TDTFL PaoPORED UnTe HEINETA NET e< ".1%,PfR f RRRA�SAU.EAOE AORE6�R DATA S (l I }.JLII1:. _ ,,�\ REO4RED. oR.x66PACFA UNT8, PROroSED. SMSPACEI tRe,yA pIC MEFFlR6T 50 650E 50 SPF4E51ER UNT FOR ALL IMTSNFkCE UNTO _J� - _..,. .,. Bln'cAf PMRNG LL RE0—I,SPAOEs' ^ VOE9 ELCYttE PMpNG PRO1l6PACf5 G V VI V LM— -RN BE FO NA—1 SPA[E6 4R W APA 6TRLCT _ 0 op _ PrsELLI«ARYm 1 O \ THEL YS D OFTNS SITE. 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Name Address Phone 1 S�ter'✓ ve- '757-3 3 75 / 2 Z&2 '/J n1 - 73 3 t to �V�1�u r,-F;�i J r � . r ,� .V /4v c- 7S/�7 -t 3 4 ;CM 1 kl! 'T�y :/�r1-1'e 1 7 y 7/ 6 2-0 7 Lam,, kfw4tr_"' 1ii he r(V 4v V f3 8 t Gh wvv I1 1 I cre V61VA -gel_ q s lole> �?�_ Y1 Lon i ILL, ` P--i N-0 , �)92iefj yn 7S•7-751 Z�SZ 1)13 io TS^ M a- 64 12 r �'' —)3 13 oY t s cl e n 4,h s 14 7 � IOLAV-6 � 15 Or/' ' `' ►'h (t-e- 757 `t -q lay-1 3 is ��; Vic:, ( ,1"' rl(aa 1���✓/ Y�U'e 17 A ,i*r 1 v 2ern�'�C'L /!p�• Sht�2fL� �/ . 55' - Ca�ej 3 S cc 19 L: �i`� t113 /Volan_a&f. ?s?-• a1,, 3 � a 20 r..� � �Gvr�1 111 z- 4101Gn / f V 9 2 3 Yil t 4 Petition to stop the development of 6528 and 6544 Indian River Road owned by Westview Plaza Associates into three story apartment buildings. Reasons against this development are:Overcrowding of schools,Traffic overcrowding on Indian River Road, Wetlands contamination, Encroachment on bald eagle nesting spots, Invasion of privacy. Name Address Phone -7S7-353-S1 Oq 3 Lindy lr�a i�( 333azlyj; ;ss� S-/. ✓�txh 73� ,j ' s "tA"� 11'(L`5S c, - 17 8 v J 11 3 /Vt Cass rj-0127 S?S //d0 , o 9 t G 461r !�YIS ZZ, 'a ),Z/��fi 12 U i16� C U ( I kS ti C4 57- 7( 1 14 Cl A! -17;,z c>4, 717 1s «{ Jl:2�JVt�Lrs�,� L1 "5 37'� t � � 17 °F J`C�� �/�'���j �, it 18 1L bti; 4y39) 7 i' to 19 " - tQAV �.. 7 s 7- aZ 2-� p 7 �t 20 Petition to Stop the development of 6528 and 6544 Indian River Road owned by Westview Plaza Associates into three story apartment buildings. Reasons against this development are: Overcrowding of schools,Traffic overcrowding on Indian River Road, Wetlands contamination, Encroachment on bald eagle nesting spots, Invasion of privacy. Name Address Phone 1 j;,yrlt4 6gg :e f-i6iD 520 -(aes-r+Mp"; /4`l� �'� �+=t-� (7s7) 3l�' y�'L 2 A e— 'v 19 W� 'TF?SInN-14 Ay'R- uA3UAC!-� '151 Yl 9-4G0c� 3 /l�•� l V'11-ams 5316 kAcresse C k VD.,,.a Beet,h,VA_23161 ('75-7) 35-76( 5 '( n•�5 �' bE !4 Zo Ott oar` , ?3 "is `751— 04-o H5Z 6 ash I�cv 122�, Zl , su i' 7 .,06DT LfA" A't2E6NR8-j 320'CZ S6irg+ UA&Ae-tQ 67.1-7 5 /Yy0 8 �4d1,� ASSIe1 �r3yY L/r?4n o►ve (' +� �a�k � (7S�� .7 JAI '' /`.'_ l 75 ����Jyl9 10 G ,(_ Ti- L-(YGS Sir 1 �' �Q- Yi fefch 5a,-6 12 ,A(,r+M1a1 OOO CS t7 3 bm .13 AG 6A0ET-T auk v6 OA- -ttc5ohiu Z> 240/' 55g6 14 ,?A�11 ' S� �J�J� QCLOwIVItiy) A1fC , 0'F- y 7S-7761-9,( 6n 15 40 1�r—o-- _� rl S QG(cGl-k , 1� 16l 17 18 \70,3 el—, 0 X1.) Doti moad-I)C?,- y,,-15 yA- 20 ���>o t.1 S . eo r 131 L kJ% N � ���1s_ 7-57"75K -oca5� Mit'o to stop the develQP.ment of 6528 and 6544 Indian River Road owned by Westview Plaza Associates into three story apartment buildings. Reasons against this development are: Overcrowding of schools,Traffic overcrowding on Indian River Road, Wetlands contamination, Encroachment on bald eagle nesting spots, Invasion of privacy. Name Address Phone 2 �D h r, I 0 ro -9CC 0#C 1)or)oAJ C-'• VA,&.aCk 4 all 1AX, Lito 5 - ; Q lac `T�;" Ck[2-2222 6 7 L)-(61 YA(A ki ku V1 g r' Le Cove a3�t�► lS �0`�-1 Zak 8 L 1.6 i s a ra ck 3 3 7 N(«r- 9 � C r R )dam 7 - I-Pb 710 7 10 A-Aku V 'Z SIB . -1fi .7�- b�LI 11 -" 1 S7 (Outg tD l 6 69 12 13 14 15 — 16 17 18 19 20 --- - -- ---- --- _— Petition to stop the development of 6528 and 6544 Indian River Road owned by Westview Plaza Associates into three story apartment buildings. Reasons against this development are: Overcrowding of schools,Traffic overcrowding on Indian River Road, Wetlands contamination, Encroachment on bald eagle nesting spots, Invasion of privacy. Name Address Phone IA5s .,� A� z E m;1� ! h 1 !�� her , Xvf, V 3 -�31-10 IS 7_�3�-`! Of e 3 S& S!����� � I� I/ S , �r�r' � it r M day —)S? J`Y*32 4 ✓6P t�c ��ilz f ;/ E y 5�- 75y� 55 5 ,c h; r�Py �_fD55 1 W /-wale rl--e ,a,3�1�� q5q"41d 9 -q�A9 6 L kv. G. Ci�.,.f s L1 �*3 iJ �1�, �1 � � '-t t..,-t I- I- 4.�;'t l 7 1 g a1aN / 4 yA✓ S L v6 2- 7 9 A�, i ,gyv�s /� 7-5 sy ��,y ✓- Z3 S�d`9S- 10 11 12 13 14 15 16 17 18 19 20 � �\ . . . :s, .. . � . ?3� \2 . . - , Ilk 16� i Y a , 2� c x« � � » ^ � . 2»?� > �� \ � . � \° «,:y : . . :�. , . .»��. . . . « - _ . . . > . . . �. .. OR OR h=street '� OR O R OR OR t � e N re OR OR street �� -- Agth Street cv u� OR OR 19th OR OR N ® site VIBE 19, LLC W E Property Polygons 1907 Cypress Avenue, S Q Zoning Units 101-109, 200, & 300 Building Feet 0 2550 100 150 200 250 300 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIBE 19, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1907 Cypress Avenue, Units 101- 109, 200, & 300 (GPIN 2417970315). COUNCIL DISTRICT 6 (Remick) MEETING DATE: February 18, 2025 ■ Background: The applicant is requesting 11 Conditional Use Permits to operate 11 Short Term Rentals, 9, three-bedroom units and 2, two-bedroom units located at 1907 Cypress Avenue, Units 101-109, 200, and 300. The site is currently vacant and is under site plan review for the proposed development. ■ Considerations: The applicant is requesting to operate 9, three-bedroom and 2, two-bedroom Short Term Rentals. The 11 units require one parking space per bedroom for a total of 31 required spaces which is met onsite by including the garage parking for the three-bedroom units. All requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. A letter of opposition was received about the request stating concerns with possible discrepancies in information provided to the City by applicants regarding their STR applications, owners not abiding by conditions of CUPs approved by the City, and discrepancies in information regarding bedroom counts and parking. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The following conditions shall only apply to the dwelling units addressed as 1907 Cypress Avenue Unit 101-109, 200, and 300 and the Short Term Rental use shall only occur in the principal structures. VIBE 19, LLC Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. 3. The dwelling units shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and VIBE 19, LLC Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all VIBE 19, LLC Page 4 of 4 sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning Department City Manager: /PI Agenda • Applicant & Property Owner: VIBE 19, LLC Planning Commission • 2025 CouncilCity • (Remick) V-B- Project Details Request Conditional Use Permit (Short Term Rental) 3 Staff Recommendation ` Approval St a,�,4 Staff Planner Alexis Bailey Location 1907 Cypress Avenue, Units 101-109, 200, & 300 GPIN 24179703150000 Site Size C� 21,829.20 square feet AICUZ e 70-75 dB DNL Watershed - n Chesapeake Bay ., p Existing Land Use and Zoning District Wooded lot/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts � ; . North 04 Apartments, Vacant Building/OR Oceanfront ` Resort South ., Skate Park/OR Oceanfront Resort ;1 East Cypress Avenuea, Retail Establishment/OR Oceanfront Resort West Eating and Drinking Establishment/OR Oceanfront Resort VIBE 19, LLC Agenda Items 19-29 page 1 of 19 Background SummaryofProposal • The 21,829.20 square foot parcel is zoned OR Oceanfront Resort District. • The parcel is currently a vacant wooded lot. • Staff inspected the site on November 26, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Cypress Avenue. • No past violations or City Council action is on this site. • Since this site is currently vacant and the subject units are proposed to be constructed, this property would not be considered grandfathered. • Known Short Term Rental activity as of December 6, 2024: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity VVS I �y Short Term Rentals 0 STR Permds(135) G VIBE 19, LLC Agenda Items 19-29 page 2 of 19 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Short Term Rental Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Details 101 102 103 104 105 106 107 108 109 200 300 Number of bedrooms: 3 3 3 3 3 3 3 3 3 2 2 Maximum number of guests permitted after 6 6 6 6 6 6 6 6 6 4 4 11:00 P.M. Number of parking spaces required (1 3 3 3 3 3 3 3 3 3 2 2 space per bedroom) Number of parking 3 3 3 3 3 3 3 3 3 2 2 spaces provided on site VIBE 19, LLC Agenda Items 19-29 page 3 of 19 HistoryZoning # Request q 6 zutr+ss 1 ALT Approved 07/3/2018 \ �' ALT Approved 03/17/2015 CUP (Outdoor Recreational Facility) Approved " 12/1/2015 `" OR 2 CUP(Off-Site Parking Lot)Approved 07/05/2000 20s"Sz CUP(Recreational Facility of an Outdoor Nature (Skateboard Ramp)) Approved 02/09/1993 OR 3 CUP (Outdoor "Green Market")) Approved 4 8 07/03/2012 4 CUP (Flea Market)Approved 05/25/2010 isvAS1 5 5 CUP(Outdoor Farmer's Market) Approved OR 04/14/2009 \OR 7 CUP(Motor Vehicle Rentals) Approved 1 6 12/06/1994 CUP (Athletic Club in Conjunction with Retail Application Types 7 Shops) Approved 04/13/1987 CRZ. STC:Street Closure CUP(Multiple Family Dwellings) Approved Conditional FVR: Floodplain Variance 01/12/1987 Rezoning ALT Alternative Compliance 8 CUP (Off-Site Commercial Parking Lot)Approved MDC: SVR:Subdivision Variance 02/09/1987 Modification LUP: Land Use Plan CUP:Conditional Use Permit of Conditions STR:Short Term Rental REZ. Rezoning MDP: Modification of Proffers NON: Nonconforming Use Evaluation • • • The applicant is requesting to operate nine, three-bedroom Short Term Rentals and two, two-bedroom Short Term Rentals at 1907 Cypress Avenue Unit 101-109, 200, and 300. The nine townhome style units and two apartment style units are currently in site plan review. The nine, three-bedroom Short Term Rentals are required to have three off-street parking spaces per unit, totaling 27 parking spaces. All 27 parking spaces will be accommodated on site by parking one vehicle in each of the units' one-car garage and by parking two vehicles in each of the units' two-car driveway. The two, two- bedroom Short Term Rentals are required to have two off-street parking spaces per unit, totaling four parking spaces. All four parking spaces will be accommodated on site by parking two vehicles in each of the units' two assigned parking spaces. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably be met and that the use of the property at this location for Short Term Rentals is appropriate.The site is centrally located in the ViBE Creative District and is in close proximity to the amenities offered at the Oceanfront. VIBE 19, LLC Agenda Items 19-29 page 4 of 19 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 1907 Cypress Avenue Unit 101-109, 200, and 300 and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. 3. The dwelling units shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. VIBE 19, LLC Agenda Items 19-29 page 5 of 19 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. VIBE 19, LLC Agenda Items 19-29 page 6 of 19 b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns about the operation of other Short Term Rentals by the same developer. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2024. • 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, February 4, 2025 and February 11, 2025. VIBE 19, LLC Agenda Items 19-29 page 7 of 19 • 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 February 3, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on February 14, 2025. VIBE 19, LLC Agenda Items 19-29 page 8 of 19 .� Qlp; �. �ry �i�ain 'HONrje hr��ain Site Layout & Parking Plan E �Y Cs I 94®OLOLL621NSMf0alSNI A l'VZ-GOVid J i r ('•' V '� R a0� U '•y V Y' Ndid 39f1 ltlNOLLN7N0o tit, +F f L_J Is, is p Mi j[to O �r3 >_cu N � t >1 cu U 0- elf (L till rn M M ----j ' � E _ u — E o f [i,511 )I illy 'PIN ll f : t �jrj ! t! r, VIBE 19, LLC Agenda Items 19-29 page 9 of 19 u a) m rj CI C, Lu E a) J/1 j/ c (V IIN-) tl 11Vflr NV c 211k7I_ iS>JL tv I\rt) i I K-n, _ N.-Id cj() CZ L S%Yld acou 77T LOW RIVE (.... : Z rcuca A ,�4"" AA C wa 3NM rt —�i I-AR T" lo" PSP—d EVftd Avall IVR9 ;o T.WID 77 CD Gy-W) 0 NVII XX' NMIB IVI K 0 CD S.LON Ali ri T 7= LM 6 a I ("4-W) r��c D-.L z W-14 NC2 1 M.411 1 IVI v "MM 'r. • S310S NV!d I. ..I pqmj SIC I Y—'. vl VI8V 1771-7rUTIN—P, slol HOCC rG WINDOW SC ICDULC AREA CALCULA-IONS ' * Nis 13A-11 r - T 1 9"D tMitT.A.v�,�YS NI•+'K d I1111 - I I ux A,n PLAV N LS ^ T .. iut:se o.w.t G:u..u..�s Tr_+mexoi + or. `w W.•1 / JS•X>f WT JL C:314?..,A[)IS=.-Y. .��. - �' �' ', + -- j t ay l .•y r___.- __._ •f , I[9..TV.Sil, AQ4R OIt�PId11X)9�•WM[N M:Yl, � l' AK X 6t 1 IN,r I 4 Y T•4 I Y 1 e {7MAI N" KLY NO1-S /� � STAIR � .i YI .IiTX v f n eTL L FTy ]J a. CI r.L e♦ _ n�yt ..�: 4RD FLOOR PUN _ RDCL'PI AN S t[I_M431;:ll•.11 Alxl,.h,Pe Q� Tgrl�Gi I. _ ..a .l ifI v>ry uo.r•eaXr,n-.ar,o,w r v Eb Tr.r.+a•n.lun-wv:.Asc•r�.w GW LC DOOR SG CDUw,, wu Iiurri Set ' I.IIa wn kl _ MARY B{;°�m � 3A'H �D(lBON I r ra f I n rn HAIH YYY111 +NG _ - 4 I _ _ �• l,T'..i. COY%RCIA_ T�_ II f of _ WA 1 R'Jtl1 _a I•.u:w� a,AXxxn Ir IUTTWIXvm nb 2_ei. .. `Y r•Y � r, �nXr re•+ x.�Xy� s>..rr.ay. 11H°.•llri A IOe)A TOT:!Me iR rSSiR Alfl2 -n ;I ON R.MS SECOND BOOR'_ANaST f�QR?'AN -IaI c) f2 1 t c -6 X t a u -0ID y U rr (D W m N N N O ~ r N fv r lD lD f� 6T 30 ZT @Bed 6Z-61 swall epua2V Jll '6T 381n �Lm Tit L 1 1 i 343 y k •o ra3 t `st L MI f, A ir5 — i i I I a H > g� c Cypress Avenue Townhomes 9ARDMN DESIGN P.C. 'zi � r ¢ bp '�. &Retail Space 2.s 1 l� . . 190CYP_n ; VM-Bash.V.W.23451 . 6Z 10 ET a2ed 6Z-6Z Sw@11 epuaSV Dll `6i 391A 4 ' T„ r � a a 2 y _— n i Lj EPI" gg i nt- W I rf a: Y3 , Y r• rc F—y — YQ I I JUJ I_J. a N $ x •, Cypress Avenue Townhomes a�oouly DESIGN P.c a= � C-5 ro &Retail Space V,�y Bade.VFyna 23451 Elevations ", isrccn'waen x 13w �toei ,4 C') z ex a a�edg�ieh1M p 4 N c 'Ord N'D63CI NnO l t�.OWW sawoyutiw enuanV ssaldAo ; a a A Q �� i; WX 11 5, - ii11 z 111 M a , r r 'vR A GGG.F 955 o I - - N VIBE 19, LLC Agenda Items 19-29 page 14 of 19 6110 SZ @Bed 6Z-6T SW@11 epua2V Jll `6T 391A - 1-911 - ® zLLNil LL FMI In 01 LP L—`I - EDs - — 7 - ICI a- '- g C Cypress Avenue Townhomes �RDWN°�cN rc. a -ig _N P pp ,gad &Retail Space Site • • m i 3k J R v W '.,fit P yr,• VIBE 19, LLC Agenda Items 19-29 page 16 of 19 Disclosure OF DisclosureVIRGINIA 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 Councii, boards, commissions, or other bodies. SECTION "APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Vibe 19, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso No0 If no,Property Owner most complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO 1j yes,name Representative: R. Edward Bourdon,Jr., Esq. 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 o parent-subsidiory'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Members:ORP Ventures,Managing Member:Steven W.Bishard:John K.Bishard:and Kenneth F.Hunt(individually), Member Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes© No(�) it fz'.s, narre the official or employe:,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 andjor 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.) t ! 0 TowneBank Real Estate Broker/Agent/Realtor O 0 Disclosure Statement i rev. May-2024 page I of 3 VIBE 19, LLC Agenda Items 19-29 page 17 of 19 Disclosure SEC •N 1: APPLICANT DISCLOSURF continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Archltect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Gaddy Engineering Semim, Legal Services 0 O R.Edward Bordon'it. Esq and Harry R.Purkey Jr.,Esq. APPLICANT CERTIFICATION READ.,1 certify tnot ali rnformotron contained in this norm is compiere,true,andarcurote,l understand that, upon receipt of notificotion that the application has been schecluted for public hearing,I onlresponsiblefor updating the,nformotion provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 1 l Steven W Bishard ,• „I!;);i+ j ; 10/28/2024 Applicant Name(Print) Applicant Signature Date '"Parent-subsidiary relationship"means"o relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporotion."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(i)one business entity has a controlling ownership interest in the other business entity,(i!) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shored management or control between the business entities.Factors that should be considered in determining the existence of on offrliared business ent!ty relationship include that 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 share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§1.1-3101. FOR CiTY USE ONLY: No charges as of(date): 1/28/2025 Alexis Bailey --1/3112425 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 1 of 3 VIBE 19, LLC Agenda Items 19-29 page 18 of 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIBE 19, LLC Agenda Items 19-29 page 19 of 19 Virginia Beach Planning Commission January 08, 2025 Public Meeting Items # 19-29 VIBE 19 Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Clerk: Our last and final items are items 19 through 29, VIBE 19, LLC. Mr. Bourdon: Madam Chair,you've had quite a first meeting as chair. Ms. Cuellar: I have quite a team, so thank you. Mr. Bourdon: I think we've all just conspired to make it quite a day. Alright. Mr Jester wanted me to express his appreciation and thank you all for your intention to that application. It was, it was not an easy one either. So thank you. Alright. So, for the record, Eddie Bourdon, Virginia Beach Attorney, representing VIBE 19, LLC, Steve and Ben Bouchard,Josh Moto with VIBE 19 or with the Bouchard are here on, and I recognize it, and I'm gonna just do a very quick, it's recommended for approval. All are the same. All the conditions are acceptable. And you're going to vote have to,vote on each one individually,but and I would just adopt what I'm saying to each of the applications, but this is a development. They're gonna be breaking ground on in about probably three months, two and a half, three months depends on if it stays this cold for another couple of months, it might be later, but this spring and it's a mixed, it's really multifamily with a mixed use element out on Cypress and a beautiful project on not a beautiful piece of property,but it's in a great location. Super location as far as the sports complex and the convention center. So it's a great place for a short-term rental. It's not in the middle of a neighborhood either. It's gonna be a big upgrade for that piece of property and all the conditions is recommended are acceptable. That's about all I need to say. I don't know if y'all have questions. Ms. Cuellar: Are there any questions for Mr. Bourdon? Commissioner Plumlee? Mr.Plumlee: So this is unusual for us. This is a new site with new units,all of them intended to be put to the short-term rental. Is that fair or are there others that are not going to be? Mr. Bourdon: They will all be short-term rentals, but there's very likely to be winter months when they'll be long-term rentals. It will just depend on what the demand is. It's not, there's not an expectation at this location that there's likely to be enough demand for to stay short-term during the winter months. But a lot of that will depend on how well the sportsplex,the sports center does at bringing large event,not events,but large competitions in the winter months. But that's the idea, if there's enough demand for it,there'll be short-term at all times. But the other side of the coin is it's a perfect location for condoing and selling the units at some point as well. So in terms of nothing's permanent, and that's, that this situation where that today with where it's located and what's around it,they think that's the best way to go. But there's there are other options,depending upon how the market goes moving forward. Mr. Plumlee: Is the VIBE 19, LLC going to be the operating company that manages the short- term rentals? Mr. Bourdon: The Bouchard's have their own professional management company that they own with professional management. They don't do it themselves. That's a part of their whole corporation. Mr.Plumlee: So VIBE 19,LLC,will have a contract with whatever maintenance company would be obligated to perform the maintenance. Is that fair? Mr. Bourdon: It's fair from a corporate standpoint, but it's going to be the same people that are ultimately up here at the top of the pyramid. Mr.Plumlee: And they will attend to it as any of their other rental properties and be available at all times to provide,responses to the city of their complaints deal with all of that? Mr. Bourdon: 100% and they've been doing this. They have a large number. They did have a 3rd party managing them very well for many years. That gentleman has retired to Spain or moved to Spain. Steve indicated he must have been the one making all the money, but no they have realtors,professional managers that's their whole job. Mr.Plumlee: I don't have any other questions. Ms. Cuellar: Any additional questions? I'd like to entertain a motion. Mr. Plumlee: I'd like to move to approve this, and I'll tell you why I thought this should be a hearing. We're being overwhelmed in our district with rentals and with short-term rentals in particular, and I wanted this, the council will not see what we discuss informally. They only see what is said here. So we got a chance for the applicant to say this on the record,so they can witness it, and what's going to be heard, and it may draw more attention to it, but I think it's important, I was asking one of our young planning staff members,wouldn't it be nice to have a place like this to live? Yeah, was the answer was. And where are you going to find that in our community? They're going and going. It's getting harder and harder. So I'm approving it because it is the zoned area. It has the parking. It meets the requirements, but that's it. That's why. Ms. Cuellar: Thank you very much. Is there a second? Mr. Alcaraz: Second. Ms. Cuellar: Second by commissioner Alcaraz. Are there any commissioners abstaining? Any further discussion? We have a motion for approval by Commissioner Plumlee, seconded by Commissioner Alcaraz. Ms. Clerk: The vote is open. By a vote of 10 to 0, item 19 through 29, VIBE 19, LLC has been recommended for approval. Ms. Cuellar: Thank you very much, Madam Clerk,and I want to thank everyone for participating today. Mr. Plumlee: I'll make things longer either, but so you're able to approve all of them in one motion when they're separate applications. Ms. Cuellar: Yeah, we put them in a block 19. Mr. Alcaraz: It's one location. It's one site. It's one owner. It's okay. Ms. Cuellar: Our meeting is adjourned. Thank you. 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 following conditions shall only apply to the dwelling units addressed as 1907 Cypress Avenue Unit 101-109, 200, and 300 and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short- Term Rental purposes. 3. The dwelling units shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Kyle Kenney To: John H.Coston:Naomi Estaris:John Cromwell: Michael Anderson;Kathryn Byler;George Alcaraz;man Plumlee: Susan B.Hiooen:William Parks: Michael C.Mauch: Holly Cuellar Cc: Kathy M.Warren;Alexis Bailey Subject: Opposition to CUP Apps: 1907 Cypress Ave Date: Wednesday,January 8,2025 11:22:48 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chairperson Cuellar,Vice Chair Coston, and Planning Commission Members: I apologize to all for this last minute correspondence,but I do not subscribe to the Pilot and just became aware of the applications set for today's hearing(did not recognize owner name). I hope you will consider delaying your vote on the many CUP applications for the properties located at 1907 Cypress Avenue. I believe you would benefit from someone looking into the STR business practices of John K. Bishard,his agents,and the many corporations he owns or is affiliated with before recommending approval of any more of his CUPS. I believe it would also give the owner time to address the items below. I believe you will find a pattern of: 1. Discrepancies in obtaining Planning/Zoning permits and what the property description is after the project is completed. 2. Changes& improvements to the properties which are not submitted to Assessor's office and which result in inaccurate assessments. 3. Inaccurate information on CUP applications which is used for CUP approval and future renewals. 4.Not abiding by conditions recommended by Planning staff and Planning Commission or set forth by Council. 5. Complaints which were mysteriously not entered into the STR system or almost immediately closed with a reason of"No Violation" or "Closed-Owner Complied" and with no physical inspection of the property. 6.Not FULLY complying with regulations after a complaint is filed and opened by the STR Dept. 7. Discrepancies on rental websites with regard to bedroom counts,required parking spaces related to bedroom counts,and additional, leased parking or lack thereof. 8. Identifying bedrooms as something other than bedrooms which results in more revenue for the owners and more overnight guests and vehicles in our neighborhoods. 9. STR signs which are not posted on a permanent structure in a conspicuous location. Most are on wood stakes in the yard or in the driveway which can be moved, removed,or obscured by parked vehicles, shrubbery, and trees. 10. Delays in obtaining CUPS or renewals after Council approval (coming in and out of compliance). Just a few examples of the above issues include: 408-A& B 25th Street STRs-Owner Beach Borough Development LLC A)Applied to build two, 3 bdrm STRs but built 4 bedroom STRs B)Applied for 4 bdrm CUPs in 2021 but for 3 bdrm CUPS in 2023 &2024 C)Advertising&operating 4 bdrm STRs on VRBO,Airbnb, &Bishard Vacation websites 2021-current D) STR sign not affixed to houses or permanent structure E)May,2022 STR complaint not entered into system F)2023 Insufficient parking complaint closed with no violation-parking requirements based on 3 bdrm CUP renewal when 4 spaces are required (and not available). 2310 Bayberry St.-Owner ORP Ventures,LLC A)Purchased&renovated a 4 bdrm property B)Applied for CUP renewal of a 4 bdrm STR but operating a 6 bdrm STR(renewal based on inaccurate bedroom count) C) STR advertised as 6 bdrm rental which accommodates 16+overnight guests on Airbnb, VRBO,and Transcendent Stays (Mr. Bishard's vacation rental website). 2 bdrms are identified as "bunk rooms" instead of bdrms D)Nov. 2023 complaint, including CUP bdrm discrepancy,opened&closed within 48 hrs with no apparent physical inspection of property 607 20th St.-Owner Ocean Rental Properties,LLC A)City records reflect property is a 3 bdrm-1 bath house but STR advertised as 4 bdrm-1.5 bath STR B) Unclear if owner obtained permits for structural changes but changes& improvements are not reflected in property or tax records C)Applied for 3 bdrm CUP but operating 4 bdrm STR on Airbnb, VRBO,&Transcendent Stays(Mr. Bishard's vacation rental website) D)Delays in the CUP process. Council approved CUP in 2020 but no CUP app until 2021 & this 2021 CUP was not renewed until 2023. E)Parking plan& liability insurance based on 3 bdrm property F) STR sign not affixed to house or permanent structure. Your commission is at a disadvantage when asked to make recommendations for CUPS which come before you on any given month because past problems connected to an owner are identified by a different address. It is unclear how many STRs the Bishards and their associates own and/or manage in VA Beach because they operate under many corporate names (most recently VIBE 19, LLC). Before approving any more CUP applications submitted by this owner and/or his corporations, it seems prudent to determine the legal status of the STRs they already own and operate. It is my understanding that STRs may not be legal if the CUP application is based on inaccurate information or the owner does not submit an amendment for changes. It is unclear if and why real estate investors and developers are receiving preferential treatment in the STR process, but that is what other STR owners and their property managers discuss amongst themselves. It is assumed they have personal and professional ties to and influence in the community and are not being held to the same standard as smaller, "mom and pop" operations. If this is the perception in our community, it does not seem unreasonable to assess the possibility of another jurisdiction looking into the business practices of the companies who own and operate many STRs which appear to have many potential violations. Thank you for the opportunity to provide information about these owners and this property. I am not providing my address since complainants are supposed to have anonymity when they report STR problems. All information contained in this email was gleaned from public websites, rental websites,property records,and VB's citizen Accela portal. STR VICINITY MAP VIBE 19, LLC - \ � 0 l � t 3 �,H-5r � _ _ n � • O ti Short Term Rentals 0 STR Permits(135) o Nu 6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016, THE URBAN FOREST MANAGEMENT PLAN, 2023, WHICH WILL SUPERSEDE THE URBAN FOREST MANAGEMENT PLAN, 2014 MEETING DATE: February 18, 2025 (Deferred at October 15, 2024 & November 12, 2024 CC Hearings) ■ Background: The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long-term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. Although the city lost 1.34% of the Urban Tree Canopy (UTC) between 2012 and 2018, the plan maintains the goal of achieving 45% UTC by 2045. The Urban Forest Management Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virigina Beach Comprehensive Plan, 2016, superseding the Urban Forest Management Plan, 2014. A copy of the plan is provided. ■ Considerations: Internal and external stakeholders were part of the plan creation, and public engagement was completed through in-person meetings and an online survey. Staff is unaware of any opposition to the proposed amendment. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 1. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Urban Forest Management Plan, 2023 Page 2 of 2 Urban Forest Management Plan, 2023 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager. #9 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE URBAN FOREST MANAGEMENT PLAN, 2023, 4 WHICH WILL SUPERSEDE THE URBAN FOREST 5 MANAGEMENT PLAN, 2014 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Urban Forest Management Plan, 2023 has been developed with 11 extensive input from the community and stakeholders, including two public meetings 12 and an online public survey; and 13 14 WHEREAS, the revisions to the Urban Forest Management Plan were necessary 15 to identify immediate and long-term priority actions to preserve, expand, and diversify a 16 sustainable urban forest for Virginia Beach.; and 17 18 WHEREAS, the Urban Forest Management Plan, 2023 should be adopted and 19 incorporated as part of the Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the Urban Forest Management Plan 2023 and its 28 incorporation into the Comprehensive Plan 2016. Such document is attached hereto 29 and made a part hereof, having been exhibited to the City Council and placed on file in 30 the Department of Planning and Community Development. 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of__ _- 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY-. - - t/A Planning Dep rtment Rj Attorney's Office CA 16625 R-1 August 15, 2024 2 Agenda Item 1 A•• of Planning Commission PublicSeptember 1 The Urban Forest Management Plan, 2023 An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016, the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 Summary of • The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long- term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth.The Parks and Recreation Department asks that the Planning Commission approve the updated plan to be incorporated into the Virginia Beach Comprehensive Plan. Recommendation Staff recommends approval of this ordinance to adopt and incorporate the Urban Forest Management Plan, 2023 into the Comprehensive Plan, 2016, and replace the Urban Forest Management Plan, 2014. City of Virginia Beach Agenda Item 1 page 1 of 3 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Madam Clerk: The first item is item#1,City of Virginia Beach. Ms. Costanza: Good afternoon. My name is Brooke Costanza. I'm the City Arborist for Virginia Beach. I'm here to present the Urban Forest Management Plan for 2023. We would like this incorporated into the fuller comprehensive plan for the city. We have done a couple of urban tree canopy or a few urban tree canopy studies. The last one we did was in 2018, and comparing that to 2012, we actually have lost 1.4% of our urban canopy. So, what this document does is it goes through guidelines on how the city can achieve a goal of 45%urban tree canopy by 2045 that was established by city council in 2014. We are keeping that goal for this particular document as well. We have gone through some internal review and public engagement. We have had a couple of public meetings to present this to the public. We also have presented this to the Open Space Committee. We also have shared it throughout the city, throughout all the departments, and have had lots of good comments come back, and we have modified that document based on their comments that have come back. Ms. Cuellar: Okay. Thank you very much. Are there any questions of the applicant from the planning commission? Commissioner Plumlee? Mr. Plumlee: Hey there,how are you today? Thank you so much for your work. I really do appreciate it. I had brought up at the informal some concerns about the stakeholders involvement in the creation of the document. Do you know when it was advertised to the public for comment, this particular version 2023? Ms. Constanza: Yes,we advertised that November last year. Mr. Plumlee: November of last year? Ms. Costanza: Correct. Mr. Plumlee: And were the meetings with the stakeholders,were those also held last year? Ms. Constanza: Yes. Internally, they were done at the end of summer of last year. For the public, it was done in the fall. So October-November, November is when we actually had the public meetings, and we had a an online survey up for, I believe it's three months from November until January, and advertise that online as well. Mr. Plumlee: Okay. That's good to hear. There were several objectives set forth that are called measurable objectives,and I had asked you this question in the in the informal because I was concerned about these being mandates, but I think you are pointing out that these are objectives,and not necessarily mandates. Can you explain that, and that because it may come up in the future as to whether or not these are mandates,but it's being presented to us as these are objectives, and I want to get your position on that. Ms. Constanza: Yes, so a few of those statistics in there are stating that you have to, I think you presented, you have to plant this many acres in order to achieve the skull, and that's if we don't follow, certain objectives, we don't do tree preservation, then we would have to plant this many acres in order to achieve that goal because we are losing this amount of acreage per year,but a lot of those objectives are things that we are already doing when it comes to future considerations. Those are just things that we're going to look at in the future. So, I don't know if that kind of answers your question. Mr. Plumlee: Just being specific. So, it says implement measures to preserve 350 acres of urban tree canopy in any given year. That is not a mandate,is what you're saying? Ms. Constanza: That is not a mandate. Mr. Plumlee: It would also require that we're properly tracking, and that we have the facility to properly track whether or not we are in fact destroying more than 350 or whether we're getting close to that. What are the tracking measures that are going to be put in place so that we know because this is sort of real time,right? So, we're getting these applications coming in, and we need to take out 10 acres of trees in order to construct something that's being requested. How will we be able to know where we are on our goal of 350 acres? Ms. Constanza: Sure. One thing that we're doing for city property, we can't necessarily do this on private property, but we are tracking all tree removals, and tree plantings on city properties. Another thing that we're doing, we just had a flyover to measure the tree canopy in Virginia Beach. It's called LiDAR. It's basically a laser that comes through,measures the elevation of basically everything. Then you compare it to a heat tracking map. So, we're doing that every,we did it six years ago. We're doing it again now,so we're doing that every so often so we can track the percentage over time on private and public lands. Mr. Plumlee: We also have a request for a strategy to have a thousand acres of tree preservation, and/or planting each year for the next 13 years. That's also part of the objectives. Would that also fall under the same sort of tracking method that you just described? Ms. Costanza: Yes, we track all of our tree planting, tree preservation as well, but all of our tree planting is tracked on a map called VB Trees that we created in- house with our GIS team. Mr. Plumlee: Where I would be hard pressed to know where we would be in our immediate process of considering applications. If we're doing this on an every five or six year basis where we do a heat map, I can't, the LiDAR project, which I think are expensive, and take some time to perform, how are we going to make real time decisions knowing where we're coming out on the preservation or the destruction side with regards to this objective. Ms. Costanza: So you're saying because of the large time frame between those studies, it's hard to make a decision, a policy decision or a decision on your behalf, right? It is a hard question,right? Because a lot of that tree removal is done on private property,which is something that we can't necessarily track. So, I would say we have a public access map. So, you can actually track the tree removals versus tree plantings, and that actually counts it per year, or even you can do a six month time frame, and it'll show you how many removals versus plantings we've had on city property. When it comes to private property,we do not have that kind of control. Mr. Plumlee: So that's what worries me about having these goals set. These objectives in this fashion because we're putting it up against measures. Let's think about this, it's 2023, we're already into the 2014 plan, quite a distance, or no, I'm sorry, this is a 2024. It's the 2023 document being updated in 2024, that was actually the 2022 document, but we're doing it for 2014, and if it were going to be another five years down the road before we know city wide where we are in our accounting of trees, and as you say, we can't track that on private property, the usefulness becomes problematic in my view, and that's just an opinion on my part. One other question,one subject question was I believe in the 2023 version,I still have the 2022 in front of me because I couldn't get printed out in time to 2023. There is a proposal to have sort of a tree bank for lack of a better phrase, in-farm regions of our city for tree plantings to offset impacts of development. Can you describe that? Ms. Costanza: So I believe that was in the future considerations. So the future considerations are more ideas that were taken from maybe other localities that are something to think about in the future instead of something that we want to implement right now. This is something, that would be something that we'd have to talk to a lot of different stakeholders about. These are just ideas that are included in the document,so that we can talk about them later. Mr. Plumlee: So it was for the purpose because it was listed along those objective measurables or what is it measurable objective. It was listed among those in the 2023. I did catch it online. Has there been any discussion about incentivizing private landowners throughout the city to plant trees? And, there were discussions of tax credit and tax incentives. Had there ever been any discussion among the public in general that if you're a landowner, and you'd like to improve your property with a tree that there could be some credit given for that effort? Ms. Costanza: I have heard that somebody did bring it before. I'm not sure if it was city council that they did bring an easement idea before City Council, where if you have a certain canopy of tree on your private property,then you would get some kind of tax break of some sort,the property tax I'm assuming. We also do have that idea in the document for future considerations as well. Mr. Plumlee: I noticed the explanation about the impacts of 100 trees, 105 trees per acre on average, having a drainage effect of 100,000 gallons of stormwater in our city, and stormwater is a very significant problem throughout the city, and so I really do appreciate this plan, and find some real positive to it. Obviously,I see some weaknesses on measuring this goal as we go through, but whatever we can do to advance the technology of tracking our canopy, I think would be of high importance. Thank you very much. Ms. Cuellar: Are there any other questions from commissioners? Madam Clerk, do we have any speakers? Madam Clerk: Yes,we have one speaker, Eddie Bourdon. Mr. Bourdon: Thank you, Madam Chair. I'll be brief. I'm not opposed to this at all. and I've served on the Green Ribbon Committee since its inception, and I did confirm that we heard a little bit about this update at a meeting that was dominated by discussion of the trees that we need to plant that Dominion Power is paying for because of the clearing for the large transmission line serving the offshore wind energy project. This didn't get a lot of my focus, and I haven't been available to until yesterday to try to look this up. I had my secretary look it up, and all we could find was the 2022 update. I'm again, not opposed to this at all, and as Billy Allman's who's here and our committee has been very supportive of the of some of the ideas, many of the ideas in here and most importantly, to follow on Mr. Plumlee's comments, at the state level we have been attempting,and we may soon get stormwater credit for trees,which is a financial incentive, and on the Green Ribbon Committee has been my advocacy, and I'm pretty much everyone agrees that we need to incentivize this not so much tell people what they can and can't do with their trees,because then the trees will be gone pretty fast when you start going down that road. So, the incentives, and I know Rob Goodman's been working on to try to get a plan in place to save live oaks and things like that, which all these are very good things, and I'll end this by simply saying, the document that you're voting on, my secretary, who's good on the computer,not me could not find,we found the 2022, and personally, I didn't have a chance to read it for other reasons, but, and I would like the opportunity to read it,but that can happen between now and City Council as far as I'm concerned, I'm not here to oppose or, what y'all wish to do,but the ideas,there are a lot of ideas,most of them are very good, mandates are not a good idea in my view. Thank you. Ms. Cuellar: Thank you. Thank you, Mr. Bourdon. Are there any questions for the speaker? Any additional speakers, Madam Clerk? Madam Clerk: No. Ms. Cuellar: Okay. I'd like to open up the floor for discussion or to entertain a motion. Ms. Byler: I move that this ordinance be adopted, and incorporated into the Virginia Beach Comprehensive Plan. Ms. Hippen: Second. Ms. Cuellar: I have a motion by Commissioner Byler. for approval of this item to be adopted into the comprehensive plan. Second by Commissioner Hippen. Discussion? Having no discussion,we can open the vote. Madam Clerk: The vote is now open. Item#1 has been recommended for approval by a vote of 7 to 1. Ms. Cuellar: Thank you very much. Madam Clerk, if you call our next agenda item number,please. Vote Tall AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Esta ri s X Hippen X Mauch X Parks X Plumlee X " say • „,p,aaaaNN"�sa.. • ..` fir.•..�� u 9 .. �,. �'� • , � _, s. r� H ]yam.. •`� � � .. ��.A•,! -` x ,;; . - ; UPDATE 2023 It kk it • lb ♦ • E Acknowledgments Parks & Recreation Public Utilities Michael Kirschman I Director of Parks and Recreation William Christian I Engineer III Shirley Deibler I Deputy Director of Parks and Recreation James Plaatsman I Engineer II Frank Fentress I Park and Landscape Services Administrator Brooke Costanza I CityArborist Virginia Beach Public Schools Susan French I Former City Arborist Melisa Ingram ( Executive Director of Facilities Services Symsi Denson I Park and Landscape Coordinator Tim Cole I Former Sustainability Officer Rob MacPherson I Landscape Architect Kyle Gilmer I Former GIs Analyst Corinna Green I Planner III Jay Brewster I Plannerll Housing and Neighborhood Preservation Robert Buchardt I Inspector Supervisor Wells Freed I Housing Code Administrator Brian Crouch I Landscape Inspector II Jeff Klindienst I Landscape Inspector ll Agriculture Mary Prier I Former Marketing Manager(in memoriam) Jenny McPherson I Rural Community Coordinator Public Works City Attorney's Office Michael Mundy I Stormwater Program Manager(Engineer IV) Greg Surber I Associate City Attorney Sue Kriebel I Former Stormwater Engineer(Engineer Ill) Brian Proctor I Traffic Engineer(Engineer IV) The Center for Geospatial Information Services Tim Copeland I Real Estate Agent Zand Bakhtiari I GIS Systems Analyst It Tara Copeland I Media and Communications Coordinator David Arnold I Former GIS Production Manager(Systems Analyst 111) Planning Consultants Seth Edwards I Development Services Center Administrator Stromberg/Carrigan&Associates,Inc. Carrie Bookholt I Development Services Center Deputy Director WPL Site Design Jeff Klindienst I Landscape Architect Kevin Kemp I Zoning Administrator PJ Scully I Planning Evaluation Coordinator 2023 Urban Forest Management Plan 2 Table of Contents ' Acknowledgments 2� dgm Table of Contents..................................................3 Overview .................................................................4 ro I t d n uction............................................................ The UTC Assessment.............................................................7 z Jain Benefits of Single Trees...................................... 8 y Benefits of Trees as a Forest............................. 9 E _ 2 ' Tree Metrics 11 r Mapping Gain & Loss .........................................14 Public Engagement.............................................19 Management & Collaboration 20 YNext Steps............................................................22 Future Considerations.......................................26 -= Conclusion ............................................................31 ..r Morshview Pork,Virginia Beach,VA 2023 Urban Forest Management Plan 3 M Overview Purpose of the UFMP Update Mission Strive to maintain that annual tree canopy loss is not greater than the annual tree canopy gain,therefore The purpose of the Virginia Beach Urban Forest The mission of the Plan Update is to preserve and expand resulting in a net gain. Management Plan Update is to identify immediate the City of Virginia Beach's urban forest and cultivate its and long-term priority actions to preserve, expand, stewardship for an adaptable, healthy, sustainable, and Greatly expand and proactively undertake tree and diversify a sustainable urban forest for Virginia vibrant community. preservation,replacement planting,and reforestation Beach. This document updates the previous Urban efforts. Forest Management Plan adopted in 2014. It provides Vision a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, By 2045, Virginia Beach will achieve 45% tree canopy and recommendations for managing and collaborating coverage by planting,nurturing,and protecting a diverse, Measurable Objectives with partners and stakeholders on positive urban forest regenerative urban forest in partnership with the local Establish tree replacement equivalency in terms growth. community, which includes residents, business owners, of size, maturity, ecological benefit, and economic developers, nonprofit organizations, and government value for use in assessment of replanting efforts, entities. Virginia Beach will be a model city for tree reforestation,and potential tree replacement bonds. management and green infrastructure that supports the long-term health,well-being,and adaptability of the city, Ensure adequate resources, human and otherwise, its environment,its residents,and its economy. to track and record real-time tree loss and tree planting, building on the efforts currently in place '• fl Plan Priorities specifically for City property, to be able to better project actual UTC loss and gain in between periodic ,,, • •. ,!. -,_ _. — € y Acknowledging a nearly 2,082-acre net loss of Virginia aerial assessments. Beach's urban forest infrastructure between 2012 and +� 2018, which significantly impacts the health, safety, and Implement active measures to preserve and protect welfare of the Virginia Beach community,we will: Virginia Beach's existing urban forest so that no more than 353 acres (the current average yearly gain) of Accept that unless a shift in community philosophy, UTC are lost in an given year to ensure that the City r P Y P P Y, Y 9 Y Y public policy,and tree infrastructure valuation occurs, is not losing more tree canopy than it is gaining. ' the measurable Urban Tree Canopy (UTC) goal of 45%reaffirmed in this plan will likely not be achieved. Develop a detailed schedule and strategy to achieve a 45%tree canopy by 2045,with the understanding • Preserve and protect Virginia Beach's existing urban that a multi-faceted approach including tree " forest infrastructure preservation,education and tree planting is essential to mitigate yearly loss. Minimize the foreseeable impacts to the existing urban forest infrastructure. Outline a yearly preservation and/or planting strategy to maintain 45% tree canopy once the target has been reached. The Urban Forest in the Pembroke Area,Virginia Beach,VA 2023 Urban Forest Management Plan 4 Introduction What Are the Urban Forest and the Change Assessment completed for the City of Virginia events and maintaining the integrity of the land on which Urban Tree Canopy? Beach by the University of Vermont Spatial Analysis the city sits.Acting as natural stormwater infrastructure, Laboratory,a conservative estimate for a the average tree a healthy urban forest prevents excess runoff, reduces The U.S. Forest Service's 2011 Vibrant Cities & Urban canopy size of an individual tree in the city was 414 square sudden flood effects,and filters out pollutants from paved Forests report defines urban forests as"systems of trees, feet. From this average canopy size, the approximate surfaces before they reach larger bodies of water. other vegetation,and water within any urban area. They number of trees can then be estimated. According to can be understood as dynamic green infrastructure that the 2012-2018 Tree Canopy Change Assessment, there In highly developed areas,the urban forest also lowers air provides cities and municipalities with environmental, are approximately 6.6 million trees estimated to exist in temperatures and reduces the urban heat island effect by economic, and social benefits. Urban forests are forests Virginia Beach. releasing moisture into the atmosphere,providing shade, for people." In other words, the urban forest is more and absorbing reflective heat from impervious surfaces than just a collection of trees. It comprises the trees Why Is the Urban Forest and structures,which can reduce energy consumption and and everything integral to their ecosystem within our costs.Additionally,the urban forest has positive economic So Important.7 and social effects, such as increasing property values, community. According to the U.S. Forest Service, urban forests "include urban parks, street trees, landscaped A healthy urban forest is vital for maintaining the quality of boosting activity in commercial districts, strengtheningcommunity engagement and pride,encouraging physical boulevards, gardens, river and coastal promenades, life in Virginia Beach,defined broadly as the city's public activity, and discouraging crime. Many of these benefits greenways, river corridors, wetlands, nature preserves, health,safety,and welfare.The direct and indirect benefits were discussed in the 2014 Urban Forest Management shelter belts of trees, and working trees at former of an urban forest are numerous,but one important benefit plan, which found that apartments and offices rent industrial sites."As the 2014 Urban Forest Management is the ability of a healthy urban forest and its root system Plan noted, Virginia Beach's urban forest is a vital to intercept rainfall and absorb millions of gallons of more quickly and have a higher occupancy rate when component of the city's infrastructure, as important as stormwater per year.In aloes-lying city like Virginia Beach, surrounded by a tree canopy and that homes planted withtrees sell more quickly and are worth more money than efficient transportation and clean water. with an average elevation of 12 feet above sea level, those without. Urban tree canopy, or "UTC" for short, has a more interception of stormwater is crucial to mitigating flood quantifiable definition than urban forest.It is blanket term ..,a for measurable tree coverage in a given area, referring to the size, in square feet or acres,of the layer of leaves, ' branches,and stems of trees that cover the ground when '"`" � •�r ��- s�„ rt' viewed from above.Based on the 2012-2018 Tree Canopy A healthy Urban Forest functions as 0. a network of green infrastructure �..: that provide a broad set of systemic community-wide economic, health, ` and safety benefits. r Red Wing Park,Virginia Beach,VA 2023 Urban Forest Management Plan 5 The UTC F, Virginia Beach's il . Urban Tree Canopy (UTC) _ - h t=A=='a �� �a¢ •'r The review of Virginia Beach's urban tree canopy in -• "� "{ this Plan Update builds upon and refines findings in the „X University of Vermont Spatial Analysis Laboratory's 2012- 2018 Tree Canopy Change Assessment.The assessment z � x established metrics and used tree coverage data from x � r 2012 and 2018 to estimate the change in Virginia Beach's UTC over that six-year time frame. Using LiDAR(light detection and ranging)aerial mapping technology, the data from the 2012-2018 assessment Y indicated that Virginia Beach's UTC, based on total land `' 196,598 acres coverage, dropped from 41.7%to 40.3%(a total of 1.34% a net reduction). Relative to the total tree canopy area,this would equate to a 3.2% loss, which amounts to 2,082 net acres of tree canopy. This equates to approximately 219,105 trees. a ►`'. The goal of this plan is to achieve a 45% Urban Tree • Canopy(UTC)by the year 2045. 41,724 ; acres 154,874 acres ' A 40% tree canopy was a goal for municipalities f previously set as a benchmark in a 1997 article from American Forests Magazine, a publication of the oldest national non-profit conservation organization in the US. American Forests also cites a national analysis by U.S. } Forest Service researchers specifying that "a 40-60 �' t percent urban tree canopy is attainable under ideal 62,443 I CANOPY conditions in forested states."Given that Virginia Beach is acres located in a forested region,40%should be the baseline for the UTC in the city, with 45% being the target goal ' recommended in the 2014 Urban Forest Management Virginia Beach's UTC Coverage ire2018 Plan and reiterated in this Plan Update. 2023 Urban Forest Management Plan 6 ■ Assessment Benefits of Trees and the Urban Forest Environmental& Health ■ Improve air quality by absorbing and filtering The City of Virginia Beach calculated the value of the Virginia Beach's urban forest contributes to the city's pollutants ecosystem services provided by its existing UTC to overall sustainability as a community and to the quality of ■ Reduce greenhouse gases by direct carbon be almost $446M in 2018 USD annually based on the life of its residents.The path to a sustainable community, sequestration and through avoided carbon emissions benefits derived from an average tree with a 414-square as defined by the Urban Sustainability Directors Network from reduced energy use foot canopy.In 2022,this would equate to roughly$493M. (USDN), includes the common elements of "a healthy ■ Save energy by directly shading building and through The economic values of Virginia Beach's ecosystem environment, a strong economy, and the well-being of the cooling a ects of transpiration services are based on the cost of obtaining these same people living in the community." The tree canopy plays ■ Mitigate overall air temperature extremes and reduce services without the benefit of having trees. Without numerous roles within the city and affects all areas of urban"heat island"effect trees, additional infrastructure such as filtration systems, sustainability, including but not limited to stormwater ■ Help manage stormwater,reduce flooding,and check dams, and ponds,would need to be built to meet improve water quality management, energy use, air and water quality, wildlife ■ Support wildlife populations and overall biodiversi state and federal environmental quality standards for ry habitat, public health, economic viability, social equity, stormwater mitigation and erosion control. Without trees, and overall livability. ■ Reduce ultraviolet radiation levels air y pollution and ambient temperatures would be far Economic less mitigated through transpiration. Whole ecosystems Since trees are the defining element of the urban forest, , Save energy and cut costs for summer cooling(shade) would be greatly affected, with no trees contributing to it is important to establish the value that a tree provides and winter heating(windbreak) pollination and fewer habitats for insects, mammals, to the community. There are both direct and indirect ■ Increase property values,benefiting homeowners and and birds. The local lumber industry and various other benefits from trees, and these benefits compound increasing local tax revenues tree byproducts would essentially cease to exist. The when trees are working together in the same area. The ■ Boost commercial district activity wellbeing of the public would also suffer from lack of trees "natural capital" of the urban forest can be categorized, ■ Support green industry jobs in streets and open space. These would be just a few of as with other contributing factors, to a community's . Reduce cost to taxpayers for traditional"gray" the ramifications of not having trees,and they underscore overall sustainability, into environmental, economic, and infrastructure(like treatment plants and stormwater the value of trees in our city. social benefits.These benefits are collectively known as pipes) ecosystem services, which are often defined as direct ■ Supply wood products—ranging from recycled A summary of the annual value of the ecosystem services and indirect contributions of natural systems to human material such as mulch,to hardwood furniture,and provided by the city's UTC is outlined below: well-being — in other words, any positive benefit that fuel for energy production wildlife or ecosystems provide to people. Social ■ Promote public health and well-being In The Sustainable Urban Forest: A Step-by Step m Encourage physical activity by creating Approach, published by the Davey Institute and the U.S. attractive,shaded outdoor spaces Ecosystem Forest Service, Urban Forester Michael Leff summarizes . Discourage crime and create safe ; Service the ecosystem services provided by trees: places to gather increased Property Value $199,337,587 ■ Strengthen community engagement Stormwater Runoff Reduction $142,815,001 and revitalize neighborhoods Electricity Conservation $39,516,769 ■ Promote social equity and Y p Air Quality Improvement $30,087,746 environmental justice for neglected communities Natural Gas Conservation $18,648,412 ■ Supply healthy edibles—fruit and nuts CO, Reduction $15.535,459 ■ Provide solace,spiritual sustenance, Total Annual Ecosystem Services $445,940,973 and a sense of places„� • _01s ssn 2023 Urban Forest Management Plan 7 ■ -..O-e n of i is of bin le Trees u Water Quality Habitat&Diversity &Water Table Management Total savings benefit Total savings in $67.87 per "Stormwater Runoff Reduction" 0 10-yr old tree $21.74 per tree Stormwater Absorption Soil Stability& Erosion Control ® :. Benefits in Savings in "Air Quality Improvement" "Energy Conservation" of $4.58 per tree $8.85 per tree Pollination Urban Heat Island +� Reduction `~ d N Air quality improvement Human Health, ±' Estimated increase in Reduction in through Carbon Dioxide(CO2) Safety&Wellness "Property value" "Carbon Dioxide" reduction/carbon sequestration = N $30.34 per tree $2.36 per tree O to � c m 13% E U 44.7% 0 0 F > = v 14& w w ,; 3.5% wM @ 32% 6.8% Environmental&Health Benefits ofA Tree in Virginia Beach Economic Benefits ofA Tree in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 8 ■ Benefits of Trees as a Forest 1 of 2 Environmental & Health Benefits Pollination Soil Stability& Erosion Control Water Duality &Water Table Management Urban Heat Island Reduction Air quality improvement through Carbon Dioxide(CO2) reduction/carbon sequestration Human Health, Safety&Wellness Habitat& Diversity 4�„ ., i ffollows.&, a •s 10 , Environmental&Health Benefits of the Urban Forest in Virginia Beach. 2023 Urban Forest Management Plan 9 N Benefits of Trees as a Forest 2 of 2 Economic Benefits Benefits in "air quality improvement" $30,087,746 OsavingsI& Savings in "Energy Conservation" Total savings in $58,165,181 ""stormwater runoff reduction I Reduction in $142,815,001 "Carbon Dioxide" Estimated increase $15,535,459 "Property value" $199,337,587 Ilk, I I I � I C , r f x r , 'Y Economic Benefits of the Urban Forest in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 10 ■ Tree Metrics r Establishment of Assessment Metrics s �.. The City of Virginia Beach used the UTC metricsestablished in the 2012-2018 University of Vermont assessment for the basis of quantification. The following information provides an updated understanding of the current state of Virginia Beach's UTC. The UTC quantification metrics found in the University of Vermont assessment establish a consistent methodology for performing future citywide UTC assessments as the city strives to reach its 45%UTC goal by the year 2045. As touched upon in the Introduction of this Plan Update, 2,$00 SF 414 square feet is an average derived from University Z (Largest Single Tree Size) of Vermont data for the purposes of UTC estimates. This is a tree at approximately 10 ears' growth and is tL --" "" PP Y Y 9 t7 i•-� �� —�; a more conservative estimate than the 828 square feet average tree canopy size used in the 2014 Urban Forest Q i Management Plan. W i i An Individual Tree N The area of an individual tree was The following graphics highlight the tree size used for N estimated at 414 square feet and assessment,the number of trees in an acre,the number liJ of trees lost from 2012 to 2018, and the total value of MJJ used as a conservative basis of ecosystem services lost as a result of lost trees over the E.. measurement for the UTC. A 414 same time period. It is important to note that tree loss is --•--- square foot canopy size is what one would find on a 10-year-old canopy immediate, in contrast to tree gain.It can take at least 10 414 SF years to grow a new tree large enough to provide similar tree. (Average tree size used for measurable value of the ecosystem services to a more UTC assessment) mature tree. Calculation must account for the 10 years it would take for a tree to effectively replace the dollar value lost during the same assessment period. 16 SF (Smallest Single Tree Size) SF=Square Foot Measured by LiDAR 2023 Urban Forest Management Plan 11 //fftf\fff\/\f■/f■■/Nf/f■■ffff/f/Nf/t/ffffff/■ tf■■■■\/!•■ftf\■ff\/\fffif■/\/\ftffflftff/\/f\/!■ ur■.u■r■raorourro■oor■oo■uouwuvn •- • -- • - tuu\ff f\uuff/onli\lff lr!u■frWf!l■Onff■R■r\!M ffufftu\\/f■f■fu■nff/\rf\■o■f\■\■rf■utff fof•f lolff lfr fuffl frffutlff rtf fNu■■u■■u u•■r■u■■ffufrf/to r ■■ ■ ■ o /\ ff■f!/ uuuu■ !!a !!!!!!!!!!a Mu \oruoor ! !f■ ■■ ! nfwuruNrNflfultm \fN=■ nff\ t fr/■f■f 11 ■■.■■.■.■■.r■..■■■■.■....■■r■■■rrrrr■■■■■.■..■■.. \/\/\f\f\f!flftf\■■f\f\f\f!f!f\fifffff\f\/!ft\/\f _ ■rru■ruu■0000ruu■■■or■■orooruuru■ • •• \/!Off■■!flff■■■■/\/\f\fffOft/\fi/\fn\fif■Off/!• uruu■■■uoo■uarrouuu■■rrouuu■uor ■■tf\/\f\/\ff■fftf■■■/\/\ff/!•fft/tfff\/\f■■■\■f/ • • •. • r rLJL �r ruuua■■■oo■ruruuuu■■u.r■r■r■r■orro■ [4 [4 !ff/t/\/\/f/f/fN/i/i/f/\/\/t/tr!/!�!/\/\ft•!t/\■ • • • • • iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii • •• • • - • -- r-J � �` � �� � : Lj � j jr6.jrJL r r 66 i■tr■f■fo/f■l!f■�u/■rl!frfo/!lrl f■fu/f■■f/uuff\\\ff■f■f\\uofff■o■rf ff■uf\u■■■uf!■!f•ufufllt ffuf■ftrt fufufttl■rfufr■tt/ofof\\\f/ufr\\!ofr■f trtotffaf iiuufuf ilu■/uf■t■v\/uff o\\\/uff\fr\ufufftft lirlr fuufftt\/r/rf or■raororruroruaw■rurruou■orrruorr ...■!ff•f/tf■■ff\■\/fft/iftffffff/\/lftf\ftff\/t ' • '' • • •. oo■u■■ouuuuu■o■rurouuuorrruour ■/\■tf!■!■ift/fftf■f\ff/lffflftfif\ftftf■ftft\f\/ \/\flftflflf■fff\f■f\ffftflflf\f\f\f!f!flfff\\f!f r jr IF jr jr,,jr jr jr'jr jr, er• � z !■\■■oaffuoirltuf■■•rf6 i 6, 6 � , ■rfuuufu/■r\u■\o/fr/r■\\o\urfr//r\o\■\ufu/furfui■tfu■urrfr!■uu/u■u■f!■uu/uf■■ur\■t four/ufoirfiuf■u/ufrffr\rau/■fufu■\rtr/ufu■rurft■rfuf■f■uufir■ur■/rf■■or\rtrlrafua/rfoot■loffr/uf■■uufl■u/ufo/oof■\■fa/r/r■nofof■tofu� 6 6 6 /frflr■tnrrtufur/fo■u\nrto•■r/fr•u/utfuofu■off\r\our/ofu■u/\\or\\/ fN•/rr■u ■r 61 & ■f■NfiN/Nn■NNNft/iflNNNffN/O\NNnlf■ vouv■ruor■■oururwuuarrurvuuuurr 6 ` w ■nNfnumunfununnfnunff/NNus on • ....o`..o,..o f..o 0...05..01.o..... „o oc or os on oc nz of �' ' • 10 20 30 40 50 40 3 0 0 to 1 z0 30 40 50 40 30 20 t0 �.. .. . ...„,.. ........ .........,. ■ J Tree Metrics 3 of 3 YEARLY VALUE OF TREES CUMULATIVE LOSS OF VALUE LOST PER YEAR FROM 2012-2018 FROM 2012 THROUGH 2O18: 1 - - 2012-2013: $2,478,477 1 , 4 , � 1 2013-2014: $4,956,953 f 1 � 1 ' 1 1 1 y 2014-2015: $7,435,430 F LJ 1 BASED ON A 2015-2016: $9,913,907 414 SF TREE SIZE ❑❑❑F] --"----"; 2016-2017: $12,392,383 1 36,518, TREES LOST PER YEAR X $67.87 2017-2018: $14,870,860 1 1 1 $2,478,477 PER YEAR $52,0489010 1 1 Total loss from 2012 to 2018 ---; Value of Tree Loss Between UTC Assessments $193909425,406 TREE Total loss from 2012 to 2045 _ The amount of net tree loss as (assuming the same rate of toss) measured in acres can be tabulated $67.87 VALUE PER YEAR to show approximated value in trees If steps are taken to achieve from2012to2018.Projecting the rate the 45% goal by 2045, of loss forward without intervention shows the compounding loss as & if the rate of tree loss is eliminated, an opportunity cost which would the City will gain roughly otherwise be attributed to various City services. $291 30,747,303 in equivalent value Values are in 2018 USD 2023 Urban Forest Management Plan 13 M Mapping Gain & Loss Changes in the UTC As a continuation of the assessment/management/collaboration model —. established in the 2014 Urban Forest Management Plan, the current extent and condition of the UTC was assessed for both geographical First Landing North losses and gains.This section details the changes in the UTC from 2012 State Park to 2018 and highlights the areas of the city where such losses and gains ; were observed. Broad Bay \ I_AleCreek;"' 1 r s {�NeStern Lynnh�ve», y Currently, UTC loss is outpacing UTC gain by twofold.At the current ,.. River. \ ��• � t en _ pace and with no proactive plan or policy measures,the UTC would River•Eastern Lynnhay G decrease to roughly 34.3%by 2045. This would amount to a net loss r, of over 800,000 trees or roughly 7,600 acres between 2022 and 2045,which is roughly equivalent to 13%of the existing tree canopy. f Norfolk � WolfsnareCreek Thalia,Creek 5000 ,Naval Air, Ocean front 1 Station Q. Eiizabet`." Oceans �+ London Bridge Creek 4000 1/ 3000 ' � ,'� - , "Darn Neck •r Upper North Landing'River w. 2000 " " 1UpperWestNeck Creeks I t . Chesapeake � - - 1000 r a� LEGEND: t Gain 0 a, Gain Loss Loss Z12/saes I,M4- Virginia Beach Tree Canopy Change in Acres front 2012 to 2018. 0 1 2s" S mi - Partial Virginia Beach Map of Tree Canopy Change front 2012 to 2018. 2023 Urban Forest Management Plan 14 ■ Mapping Gain Tree Canopy Gain Per Zoning District Change from 2012-2018-Gains During the six-year period between the two aerial assessments of the UTC in 2012 and 2018, there were certain areas of the city that First Landing North experienced gains in the UTC. Total gains equated to 353 acres per State Park year, on average. These gains, though small, were significant in the residentially and agriculturally zoned properties in the southern half of +d Bay -7 Virginia Beach away from urban development. Agricultural timbering Little Creek `" 9 Y P 9 g Western Lynnhaven a Enlarged 9' activities occur not onlyon agriculturally zoned land but on land zoned River Eastern L nnhaven '�• 9 Y v Plan North for single-family residential as well.The categorizations used in the map River O on the right represent zoning districts rather than land use categories.It �m is recommended that additional analysis be completed that also looks at land use in order to fully assess sources of loss. Norfolk Wolfsnare Creek Thalib Creek 1.6% I jNaval Air ._ Ocean-front . Station Elizabeth River OCeana London Bridge CO",* 3.0% 0 Dam Neck Enlarged Upper North Landing River Br I Plan South 16 A Upper West Neck 79.4% Creek Virginia Beach Tree Canopy Gain By Percentage front 2012 to 2018. Zonina Cateaories Chesapeake Single Family Residential" Parks or Open Space 1,685 acres 33 acres Multi-Family Residential Industrial 63 acres 210 acres - Commercial Right of Way 52 acres 78 acres 8 1 2S SMI ngn F-Ily y mnea land is inclarlMCate r itnin _-- Single Famlty Resiriential Zoning Category Partial Virginia Beach Map of Tree Canopy Gain front 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 15 ■ Mapping Loss Tree Canopy Loss Per Zoning District Change from 2012-2018-Losses Tree loss reflected in the UTC assessment was over twice the amount of _ �= tree gain from 2012 to 2018.As with the gains,losses occurred primarily First Landing North on residentially and agriculturally zoned properties. However, there State Park were also significant losses of UTC acreage in rights-of-way and, to a lesser extent, in multifamily and commercial zones. In rights-of-way 337 !_B�ad Bay acres of UTC were lost with 315 aggregate acres lost in the multifamily Little Creek Western Lynnhaven ° r.a Enlarged and commercial zones.Much of Virginia Beach's existing development is River Eastern Lynnhaven Plan North located in the Lynnhaven River watershed where over 2%(roughly 759 River r acres)of UTC loss occurred. Norfolk WolfsnareCreek 1.5% Thalia Creek Naval Air, Ocean-front Station Elizabeth River Oceana ' London Bridge Creek Dam Neck Enlarged Upper North Landing River 7 Plan South Upper West Neck 78.1% Creek Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Zonina Categories Chesapeake Single Family Residential' Parks or Open Space 3.282 acres 63 acres Multi-Family Residential Industrial 175 acres 205 acres - Commercial Right of Way 142 acres 337 acres 0 1 2S 5 mi `Agn-Itmally—ed land is indAed within —— Single Family Residential Zoning ceegory Partial Virginia Beach Map of Tree Canopy Loss from 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 16 ■ Mapping Gain & Loss Enlarged Plan North Enlarged Plan South 40 E s1 Pi[lay GrovA- C. hurch ay ct[#f ! A Tree Canopy Gain-Lynnhaven Watershed Area B Tree Canopy Gain-Southern Rivers Watershed Area w► ,v Iw116 ri lir 4+ *AI 49 * ` .I fir °� { C Tree Canopy Loss-Lynnhaven Watershed Area p Tree Canopy Loss-Southern Rivers Watershed Area 2023 Urban Forest Management Plan 17 ■ M i n N t Luss ;.y Coun�.iI Distriut N� Tree Canopy Net Loss Per Council District Change from 2012-2018-Net Loss There was net loss of Urban Tree Canopy during the six-year period between the two aerial assessments from 2012 and 2018. The map First Landing North to the right shows how this relates to the Council Districts,which were State Park newly created in 2022. Each district is shown with its own percentage 9 of Urban Tree Canopy coverage in 2018 relative to its current district 35.24% boundaries,and the percentage of net loss from the two assessments is (-2.25%) 6 shown below the UTC percentage. 8 r. 54.26% n The bar chart below shows for each district, the approximate acres of t 886% (-1.65%) C UTC gained or lost between the two different assessments. 4 Norfolk 25.26% (-2.78%) 3 30.11% Naval Air 32.65% (-2.11%) Station Oceana (-2.58%) Approximate Tree Canopy Loss/Gain 5 in Acres by Council District 10 40.26% zsoo 20.89% (-0.80%) 7 (-0.92%) 2000 1,985 34.02% ■Gain ■Loss < o, 1500 N 1,314 u Q 1000 Chesapeake 500 399 356 2 318 286 182 il 4yr11�.74% 57 78 41 J S8134 84 75 4885 (-0.88%) 0 m' ■' �, .I ■I ■' .■ 1 2 3 4 5 6 7 8 9 30 0 1 2.5 5 mi Districts Partial Virginia Beach.Map of Tree Canopy Net Loss from 2012 to 2018 by Council District. 2023 Urban Forest Management Plan 18 �u : fic n a ement PPol- 49 Public Engagement for the Urban Forest Management Plan . W I Update s�, ! - Meetings: s On November 14th and November 29th of 2023, Public Meetings occurred at the Great Neck Recreation Center and the Princess Anne Recreation Center,respectively. Surveys were handed out at the meetings and made available online through January,2024. ■'; An Survey Results: a,i► The survey consisted of 13 questions completed by 58 participants.Approximately 60%of them had some familiarity with the concept of an Urban Tree Canopy(UTC).Half of them felt they had a strong understanding of the importance and benefits of a healthy UTC. About 85%expressed interest in learning more about tree care,planting,and conservation. Over 80%of the participants prioritized planting new trees"everywhere",with schools,residential ' areas, parks, and waterways being the next top choices.The preferences for tree preservation areas mirrored these results,with"everywhere"leading,followed by residential and commercial Public Meeting at the Princess Anne Recreation Center,November 29,2023. areas,waterways,and parks. When asked about actions to prioritize for the UTC,the respondents'top choice was to modify ordinances and design guidelines to recognize trees as infrastructure.This was followed by the desire to plant more trees in socio-economically disadvantaged areas, increase the care for Question#4:Where would you like to see more trees preserved? large or heritage trees, and establish a tree mitigation fund that would require all projects to compensate for city trees removed. ReSIdential areas In response to an open-ended question,the respondents identified new development as the most Mdustriat! significant threat to existing trees. Other threats mentioned included lack of knowledge, costs, `om"1 el., potential storm damage,invasive plants,and maintenance issues.The respondents perceived the water»= greatest challenges to planting new trees to be costs,followed by maintenance,lack of education, buftc and difficulties in finding suitable locations or sites. Roadways ■� Regarding the feasibility of the Next Steps outlined in the report,the respondents believed that Schools _ targeting public lands for maximum tree cover was the most feasible, followed by multi-level education programs and the formalization of a tree tracking and removal notification system. parks In terms of Future Considerations,the respondents felt that the most feasible approach was to educate City departments and the development community about the UTC.This was followed by Everywhere the idea of incentivizing tree protection through land development ordinances and promoting a Other(pleau property owner tax incentive education program. specify) 0% 10% 20% 30% a0% 50% 60% 70M, 80. 90% 100% A majority of the respondents were in favor of participating in tree-based tax incentive programs for planting on private property,including their own property. Example of one of the survey questions and compiled results. 2023 Urban Forest Management Plan 19 Manallement & Collaboration The Goal Moving Forward The current plan establishes a goal of 45%tree canopy Virginia Beach's urban forest is a dynamic asset that coverage by 2045. The existing tree canopy is nearly 1 requires a multi-pronged approach to mitigate tree million trees short of this goal, necessitating planting of loss (preservation) and promote tree gain (planting), to Between 2012 and 2018, the City of almost 40,000 trees per year until 2045 in order to reach minimize tree conflicts with other assets, and to ensure Virginia Beach had a net loss of 1.347. the desired tree canopy coverage.Meanwhile,the City is the health and longevity of trees in the community. also losing roughly 36,000 trees every year on average. Everyone has a role in managing the urban forest, and in its Urban Tree Canopy, which is Steps taken to achieve the 45% tree canopy coverage management of the urban forest will achieve the greatest equivalent to 219,105 trees or roughly should account for not only the gap between the existing success and community support as a collaborative effort 2,082 acres. and desired canopy,but also this current rate of decline. between all stakeholders,from the municipal government to homeowners to developers. Current Tree Canopy in 2022* Yearly planting required to achieve /� y� % UTC by 2045 36k annual loss 76k Trees Alk j 36k replacement 61 't000 if yearly tree loss remains the same acres or 6 40k trees*4M trees •Projected 2022 tree canopy based on average yearly loss from 2012.2018 if yearly tree loss is reduced to zero 2023 Urban Forest Management Plan 20 a + m ' r.� tom,• i a � _,. . ram,:p: _• .-�" ..,�.�°--a ' � ' a' A"'-+� ;�, ri n Y ' ✓, u Next Steps 1 of 4 Next Step #1: Keep Doing What's Working Targeted Goal: Build upon and carry forward the successful elements of the sustainability model established in the 2014 Urban Forest Management Plan, and more recent and groundbreaking achievements ,�`Y►' r' ► made since embarking on this current plan beginning in 2021. i Desired Outcomes: s ■ Tree Mapping / Inventory — Continue and advance tree mapping for new installations, -�: replacements,and maintenance of trees. 31 ■ Inventory Trees — Continue the Virginia Beach Tree Inventory for trees and extend the { inventory to include available parcels for reforestation, preservation, and temporary holding nurseries. ■ Tree Canopy Loss Mitigation—Continue to implement and apply the new City Policy for tree loss mitigation based on acre,caliper size,or specimen. ■ Collaboration&Engagement-Expand on the success of events like Arbor Day and Treetopia and multiply recent efforts on the website and branding that have a high response rate. R� Tools& Techniques S ■ Review the most recent strategies and successes toward UTC preservation which have occurred a since the most recent UTC assessment. ■ Find ways to summarize these achievements and broadcast this information to other City Departments in order to solicit help and spur improvements. .;. ■ Pre-plan the next UTC Assessment collection and the next Urban Tree Forest Management Plan Update with the knowledge learned since 2021. 1 � ra �.w Municipal Center champion Tree,the Chbiese Jlr,Vilgini'r Beach,V4. 2023 Urban Forest Management Plan 22 Next Steps 2 of 4 Next Step #2: Undertake A Multi-Level Educational Program Targeted Goal: Greatly increase community and stakeholder understanding of the problem of tree canopy loss and the need for and benefits of a healthy,growing tree canopy in Virginia Beach. `.� Desired Outcomes: ■ A seamless connection to constituents, City staff, and elected officials about the UTC and % documentation of each meeting occurrence. ■ The establishment of a network of organized constituent groups such as members from the Master Gardeners'Tree Stewards project supporting the allocation of City resources to t0 , implement the vision of this Plan Update will have taken place. ■ Formation of several formalized projects,actions,and partnerships will have been established over the next five years. Partnerships would ideally involve an organized constituent group with members such as residents, business owners, and developers who are committed to not cutting down trees and who can become advocates for budgetary and staff resources. Tools & Techniques - ■ Expand current branding and public relations initiative for the educational program and various implementation initiatives to foster greater awareness of the importance of the tree canopy to the environmental,economic,and social health of Virginia Beach. 24 ■ Formalize the current educational program crafted for the various stakeholder groups who can have the greatest effect on maintaining the citys tree canopy,including residents,business owners,developers,government staffers,elected officials,and the tree service industry. ■ Perform outreach with formalized groups to establish a partnership network. ■ Utilize a multi-generational approach to tap into younger residents'interest in the environment and to senior citizens'interest in supporting community benefits and beautification. "t +v` f � M w . ✓ Jk MAI +.. ad�ds .�taarl6`ri .{ Princess Anne Commons Arbor Day Celebration,Virginia Beach,VA. 2023 Urban Forest Management Plan 23 Next Steps 3 of 4 Next Step #3: ` Target Public Lands for Maximum Tree Cover Targeted Goal: Prioritize public resources on increasing UTC on public lands,where there is the greatest ability to permanently protect the urban forest. Desired Outcomes: a� :. ■ The City and its partners will take steps to maintain and preserve public lands. Tools&Techniques d s. .. ■ Record formal protection covenants on public woodlands. ■ Allocate annual capital resources for tree plantings. ■ Pursue funding through government and foundation grants to leverage city funds in maximizing the number of annual tree plantings. • Map all areas on public lands, including those owned and managed by non-City public entities,where unforested areas could be planted with trees. ■ Consider Open Space funds for acquisition of forested parcels or those that might be suitable for tree planting. ■ Implement a capital improvement project that includes funding for a targeted number of planted trees per year and that leverages city funds with potential rant opportunities that P P Y g ry P g PP 'i- could speed up or improve the outcomes of tree planting projects. a: ■ Coordinate with Department of Parks and Recreation staff to maximize tree cover in all park improvement projects. 1 � ■ Apply for grants for Natural Area preservation. r � ;.x, y .,•ip View of the forest at Marshview Park and Ouds Creek. 2023 Urban Forest Management Plan 24 Next Steps 4 of 4 Next Step #4: " F Formalize Tree Tracking And Removal Notification System ;., C4 00,J) Desired Outcomes: # ° o p - ■ Tree planting and removal will be documented and tracked citywide. cc o- o °,u 9 �� ° ■ The Urban Forest will be established as a public service utility/resource. ° �a&, �-�.G ° o �°° ■ A combination of reporting methods and tracking/management platforms will be utilized to ° ° U ` establish an information clearing house for the Department of Parks and Recreation. dy c: n"O c 0 �f? ' �' ° J ■ The trackingstems currently used for trees on City-owned owned properties will be deployed �? ° n systems Y t3'- P P a 0s o' o throughout the city to better gauge the state of the UTC in between aerial assessments. &'� � ��c{; o �> ICY o ° ° , (' o p Tools&Techniques xt ° ° , �ob° ■ Further develop an electronic tree removal permitting process for the tree service industry for 0 Q� gi , ° ,N ° c o tree removal on City Property. ` a m _ o o` ■ Record and document all approved site plan tree inventories and preservation plans for City . o © r �T �: o ,a trees for more thorough tracking. ° g 0, ■ Explore tree tracking and management software for use beyond just City-owned properties. �� ■ Provide access to tree mapping and inventory layers in GIS to other departments for M oo ,it f" coordination and awareness of the tree maps. ■ Enlist additional seasonal staff that can be wholly designated to inventorying trees City wide. 4. r ! ■ Consider programs like Tree Keeper and Capterra to help with assembling and reporting data , collected in the tree inventories. ■ Map and Measure Trees by Council District for the ability to compare and prioritize UTC - goals. Proposed Scheduled 19 Plantec Warranty Replacement Hold Warranty Correct o w' Q Exist;ng Tree Excerpt from Parks&Landscape Services'VBTrees Mapping Application 2023 Urban Forest Management Plan 25 future %.onsiweratiuns 1 of 4 Future Consideration #1: Inform Other City Departments and the Development Community About the UTC Goals and Tree Mitigation Policy Desired Outcomes: ■ The City culture should better embrace the city's trees and urban forest as public infrastructure and as a public resource providing a public service. ■ The Tree Planting, Preservation and Replacement ordinance in the City Code should be updated to better support the UTC and other current best practices. ■ City's Landscaping Guide and Tree Planting, Preservation, and Replacement documents should be updated and coordinated between all City departments with regard to tree planting and preservation. e Tools&Techniques ■ Establish a city-wide replacement standard for tree removal and replacement on all new site . plans and subdivision plans based on the recent State Ordinance Model(SB537) that passed in 2022. The new language in State Code,Section 15.2-961 suggests a tree canopy coverage . .� ranging from 10%-20%based on development intensity. ■ Update standards and requirements for tree protection and preservation to meet with w ever-advancing technology, and apply them to all land use and zoning classifications for development. 4 ■ Extend bonding based on the recently passed City policy to cover both new plantings and tree preservation for all site plans and to enforce tree preservation plans submitted with site plans. ■ Clarify guidance language that is based on the use of trees as a visual, spatial, and aesthetic quality for new development. ■ Hold regular training and briefings with various City departments on the City policies and - — goals for the UTC and correlative tree mitigation. W 4 Victoria Park Neighborhood,Virginia Beach,VA 2023 Urban Forest Management Plan 26 ruture Consiuerations 2 of 4 Future Consideration #2: Incentivize Tree Protection Through The Land Development Ordinances Targeted Goal: Explore zoning tools and techniques that could provide incentives, like development density bonuses, for achieving greater than the minimally required tree canopy on land development a plans. In addition,tree preservation would be incentivized more than tree planting, and fees in lieu of tree planting or preservation would not yield additional bonuses but would be required if minimum tree canopy requirements cannot be achieved on the proposed site. Desired Outcomes: ■ The zoning, subdivision, and site plan ordinances will include provisions for certain zoning ` districts or overlays that allow for development density bonuses (increase height or number of units,for example)if base tree canopy requirements are exceeded by a certain percentage. ■ New development where it is not possible to meet tree planting requirements onsite should G ` fund tree planting efforts offsite.That funding should pay for enough tree planting to provide an equivalent percentage of tree canopy coverage as required by its zoning designation. i Tools&Techniques TRFc i ■ Decide which areas of the city would benefit most from an increased tree canopy, higher FF3 4 MAN 't'16Y ii � I�1 11{��I�Ty✓^ density,or additional housing,and consider implementing a zoning overlay that incentivizes higher tree canopy percentages in exchange for development incentives. ■ Adopt a formal tree mitigation/preservation credit process by enacting Code that mirrors the recently passed State model ordinance(SB537). ate? t "� •, + � �. -:� ■ Promote a CIP Tree Fund that developers can pay into when meeting tree planting requirements onsite is impossible. Payment in lieu should support planting at least as many trees in appropriate locations as would have been required onsite for a particular development. ■ If trees must be removed for a development, incentivize the removal of smaller, less mature trees s o that replacement of them could achieve the same canopy size,resulting in less net loss to the UTC. ■ Use Stormwater Credits as an incentive for tree preservation as metrics become available for y the stormwater quality and quantity benefits of preserving large groups of mature trees.This �. '.. work is being conducted by researchers at Virginia Polytechnic Institute and State University. ` r Tree Preservation Area on a Construction Site,Virginia Beach,VA 2023 Urban Forest Management Plan 27 ruture Consiuerations 3 of 4 Future Consideration #3: Establish a Tree Protection Easement Program. Targeted Goal: Creating a mutually beneficial program that allows property owners to institute protective easements or covenants in exchange for property tax relief is a method for protecting trees(at least for a set duration of time). Desired Outcomes: ■ A program that incentivizes property owners of all land use types to implement protective easements or covenants for the preservation of trees will be established, with property tax relief provided to participants. This would function similar to the City's Agriculture Preserve Program. ■ While property owners with forested tracts of 20 acres or more may benefit from lower real estate taxes,owners with mixed use of cropland and forest land may also be interested to take advantage of this land use value taxation if they qualify based on sufficient acreage amounts. Tools&Techniques ■ Establish a set of program guidelines that provides property tax relief for property owners who enter into easement agreements or covenants to preserve mature tree canopies. ■ Directly promote the easement program first to the city's many property owners who have larger tracts of land that abut against waterways,intact woodlands,and other fragile environments. ■ Once a critical mass of interest develops, begin promoting the program to other areas where the preservation of the tree canopy would aid in reducing fragmentation of the urban forest. ■ Seek to replicate natural and managed reforestation processes on both green development and t. redevelopment sites. ■ Tree protection and reforestation easements would be set up in perpetuity,however,a strategy should be developed for ongoing tree survivability,forest quality,inspection,and maintenance P g g ty 9 tY� P of the easements in order to ensure annual tax reliefs are merited for the life and quality of the resource. Considerations could include location of the tree with respect to property lines as -_ ,. well as value and health of the tree. Town.Center Urban Trees,Virginia Beach,VA 2023 Urban Forest Management Plan 28 uture (Co'onsi%merations 4 of 4 Future Consideration #4: rr, Establish a Property Owner Tax Incentive Education Program. "{ , Targeted Goal: q t3J y `:P There are federal tax incentivizes for reforestation projects,including projects which are a part of timbering operations.Establishing a program that educates property owners and connects them with resources to promote reforestation can aid in offsetting timbering impacts,especially in the southern areas of the city. Desired Outcomes: ■ A program that connects timbering operations and rural property owners to tax incentive opportunities related to reforestation will be promoted and managed. a ■ New development will result in a net gain in the UTC by requiring developers who are not able to meet tree planting requirements to fund tree planting efforts in more suitable locations or by allowing developers to replant trees of the same total inches in diameter as the removed 1 trees. IM1 )� Tools&Techniques ■ Reach out directly to rural property owners and timber companies to gauge interest and obtain support for the city's reforestation efforts. Inform these stakeholders about the federal tax incentives available for reforestation projects. ' ! ■ Promote the existing Agricultural Reserve Program and the fact that tree planting is an eligible agricultural activity for participation in the program. ■ The state's new model tree preservation and replanting ordinance (SB537) allows for reforestation on other site in lieu of preservation on the development site under certain circumstances. This framework should be used to aid in reforestation efforts city-wide in concert with federal tax incentivization programs. I r 1 #,r ■ The federal tax incentives in Virginia go beyond just education and many are tied to various state and federal agencies. In general terms,the costs of reforestation are tax deductible up to ' � r•f t ' a certain dollar amount per property. Y Chinkapin Oaks at Lark Downs Park at the Kempsuille Rec Center,Virginia Beach,VA 2023 Urban Forest Management Plan 29 �ti � _ ' r s If r .g .. � -• Pam„ex. ti t. kY r a„ r m - . 'A'w s L P r } f Conclusion w In conclusion, the Virginia Beach Urban Forest Management Plan Update is a comprehensive strategy aimed at preserving, �r�w � _ ;, III R • expanding, and diversifying the city's urban forest. Recognizing the significant loss of the urban forest infrastructure, the plan outlines immediate and long-term actions to achieve a r: sustainable and vibrant urban forest. The vision is to reach 45% tree canopy coverage by 2045 through a community-wide effort ,b involving residents, business owners, developers, non-profit organizations, and government entities. The plan emphasizes the need for a shift in community philosophy and public policy towards tree infrastructure valuation. It sets clear priorities and measurable objectives, including tracking real-time tree loss and r gain, and undertaking significant tree preservation, replacement planting, and reforestation efforts equating to a net increase of roughly 40,000 trees (376 acres) every year until 2045. The ultimate goal is to transform Virginia Beach into a model city for tree management and green infrastructure, enhancing the health, well-being, and adaptability of the city, its environment, and its residents. This plan serves as a testament to the city's commitment to its urban forest, recognizing it as more than ' - just a collection of trees, but a dynamic green infrastructure ` that provides significant environmental, economic, and social benefits. s �n Urban Trees at Thalia Creek,Virginia Beach,VA 2023 Urban Forest Management Plan 31 M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • COMMUNITY POLICY & MANAGEMENT TEAM • DEVELOPMENT AUTHORITY • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • GREEN RIBBON COMMITTEE • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PLANNING COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 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 February 18, 2025. 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:02/04/2025 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. CITY COUNCIL'S BRIEFINGS A. GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Director B. 2200 PARKS AVENUE PROPERTY UPDATE Emily Archer,Deputy (Requested by Mayor Dyer,Vice Mayor Wilson Director—Economic and Council Members Berlucchi and Remick) Development II. CITY MANAGER'S BRIEFINGS A. PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV.- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VII. A-F G. MINUTES APPROVED 9-0 Y Y Y Y Y Y Y Y A Y A B B 1. INFORMAL AND FORMAL SESSIONS S S January 21,2025 T T A A I I N N E E D D J.1. Ordinance to AMEND the City Code Section 2- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 90 re restriction on certain political activities CONSENT by City Employees J.2. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Use Agreement with the Virginia CONSENT Beach Department of Public Health re temporary use of City-Owned property at 2425 George Mason Drive J.3. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE an Agreement with the School Board CONSENT and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals J.4. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 5136 Fletchers Arch from Josue A.Miranda and CONSENT TRANSFER $334,000 from CIP#100399 "Strategic Development Projects",$10,000 from CIP#100577"Strategic Site Acquisition",and $53,981 as Pay-As-You Go funds from the General Fund Reserve for Contingencies to CIP #100204"Historic Kempsville" 1 CITY OF VIRGINL9 BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:02/04/2025 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 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 L N J.5. Ordinance to ESTABLISH Capital Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100692, "Virginia Beach Boulevard and CONSENT Independence Boulevard Pedestrian Crossings" and ACCEPT and APPROPRIATE$3,023,734 from the Virginia Department of Transportation (VDOT)re roadway safety J.6 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $161,553 from the Virginia Department of Health, CONSENT Office of Emergency Medical Services to the FY2024-25 Emergency Medical Services Operating Budget and AUTHORIZE a local match of$161,553 re implementation of the EMS Pharmacy Program J 7. Ordinance to TRANSFER $21.8-Million from ADOPTED,BY I I-0 Y Y Y Y Y Y Y Y Y Y Y Capital Project #100058 "Centerville Turnpike CONSENT Phase III" to Capital Project #100381 "Shore Drive Corridor Improvements Phase III";$4.2- Million from Capital Project #100058, "Centerville Turnpike Phase III"and$1,729,564 from Capital Project#100518"Royal Palm Arch Water System Rehabilitation"to Capital Project 100387"Shore Drive Water Line Improvements Phase III";and ACCEPT and APPROPRIATE $2,051,586 in reimbursement revenue from Hampton Roads Sanitation District to Capital Project#100448"Various HRSD Coordination" K_1. PRINCESS ANNE WITCHDUCK APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES 1 LC for a Subdivision Variance CONDITIONED,BY Section 4.4(b)of the Subdivision Regulations re lot CONSENT width at 5160 Princess Anne Road DISTRICT3 K.2. CHASE A. EISENBERG & VICTORIA R. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y EISENBERG for a Subdivision Variance(4.4.(b) CONDITIONED,BY ofthe Subdivision Regulations re lot width for the CONSENT property located directly South of 1984& 1992 Gum Bridge Road DISTRICT 2 K 3 MICHAEL RAY KAYLOR & VIRGINIA APPROVED/ I I-0 Y Y Y Y Y Y Y Y ROXANNE KAYLOR, TRUSTEES UNDER CONDITIONED,BY THE KAYLOR FAMILY TRUST (DATED CONSENT MAY 25,2018)for a Street Closure re on-half of an unimproved,unnamed alley,adjacent to the rear of 630 Surfside Avenue DISTRICT 5 K4 BORN PRIMITIVE, LLC / MODERN APPROVED/ II-0 Y Y Y Y Y Y Y Y Y Y Y SAVAGE INVESTMENTS, LLC, for a MODIFIED/AS Modification of Proffers to a Conditional Change PROFFERED,BY of Zoning re amend the previously approved CONSENT conceptual site plan, building elevations,and renderings for the property located at 1469,1477, &1489 Virginia Beach Boulevard,parcel directly East of 1469 Virginia Beach Boulevard,and parcel directly West of 1425 Virginia Beach Boulevard DISTRICT 6 I CITY OF VIRGINLA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:02/04/2025 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 K.5. COMMONWEALTH BREWING APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY,LLC,for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re craft CONDITIONED,BY brewery at 2440&2444 Pleasure House Road CONSENT DISTRICT 9 K 6 DANIEL RYAN WILDER & TOP NOTCH APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y CYCLES,LLC,for a Conditional Use Permit re CONDITIONED,BY auto repair garage at 2608 Horse Pasture Road, CONSENT Suite 104 DISTRICT 5 K 7. SHINE PRO / TIMBERLAKE SHOPPING APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTER ASSOCIATES LLC,for a Conditional CONDITIONED,BY Use Permit re car wash facility at 4329 Holland CONSENT Road,Suite 772 District 10 K 8. GREEN CLEAN HOLLAND,LLC/ALP& APPROVED/ 9-'_ Y Y Y Y N Y Y Y N Y Y ALEX ASLAN for a Conditional Use Permit re CONDITIONED car wash facility at 4245 Holland Road DISTRICT 10(Deferred from January 21,2025) K9_ JEFF HAMILTON fora Conditional Use Permit APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re short term rental at 933 Pacific Avenue,Unit CONDITIONED,BY A District 5 CONSENT K 10 VICTORIA WALSH for a Conditional Use DEFERRED TO I 1-0 l' Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 917 Pacific MARCH 4,2025,BY Avenue,Unit A DISTRICT 5 CONSENT K.11. OREN ROBBINS / OREN ROBBINS & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CAMILLE BRITT ROBBINS for a Conditional CONDITIONED,BY e Permit re short term rental at 613 22nd Street CONSENT DISTRICT 6 K.12. OVJ PROPERTY RESOURCES, INC., / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y OWEN JOHNSON for a Conditional Use Permit CONDITIONED,BY re short term rental at 4005 Atlantic Avenue, CONSENT Unit 219 DISTRICT 6 L. APPOINTMENTS RESCHEDULED B Y C O N S G N S U S 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 EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE 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:02/04/2025 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 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 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 7:05 PM OPEN DIALOGUE 2 SPEAKERS 7:12 PM