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3-4-2025 FORMAL SESSION AGENDA
City of Virginia ��4Gtr1LA BF,gc�G Beach U - Z � "COMMUNITY FOR A LIFETIME o�g94 r 0F�`t, '9 �F BUR NA'S\ON City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 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 ivrouse@VBgov.com 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 jschulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias City Auditor Fax: 757-385-5669 Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda March 4, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FEDERAL GOVERNMENT AFFAIRS UPDATE 1:00 P.M. Anthony Bedell, Senior Corporate and Government Relations Director— Becker & Poliakoff Alfonso Lopez, Senior Corporate and Government Relations Consultant— Becker & Poliakoff B. TOURISM ADVERTISING CAMPAIGN 1:30 P.M. Nancy Helman, Director—Convention and Visitors Bureau Delceno Miles, Chair—Advertising Advisory Committee John Zirkle, Vice Chair—Advertising Advisory Committee C. ATLANTIC PARK UPDATE 2:00 P.M. Emily Archer, Deputy Director— Economic Development II. CITY COUNCIL LIAISON REPORTS 2:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:15 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 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 — REVEREND BETH ANDERSON PASTOR, COURTHOUSE COMMUNITY UNITED METHODIST CHURCH C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION — February 18, 2025 H. MAYOR'S PRESENTATION 1. PROCLAMATION — Developmental Disabilities Awareness Month Dr. Joyce Harvey, Chair - Community Services Board I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinance to AMEND City Code Section 10-1 re change of polling location for Precinct 0016 to Old Donation School at 4633 Honey grove Road and REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) 2. Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce Street to a Federal Agency for a five(5)year term re installation and operation of radio transmission equipment 3. Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kinston 4. Ordinance to AMEND City Code Section 34-70 re variances from the lifeguard requirement for certain condominium pools (Requested by Mayor Dyer and Council Member Cummings) 5. Ordinance to EXPAND the scope of the Towing Advisory Board re include review of police requested tows (Requested by Mayor Dyer and Council Members Remick and Schulman) 6. Ordinance to DIRECT the City Manager to proceed with School Zone Photo Speed Enforcement and DEDICATE any excess revenue from such program to Capital Project #100423 "Traffic Safety Improvements IV" 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Forestry and the City re purchase of Agricultural Reserve Program Easements 8. Ordinance to ACCEPT and APPROPRIATE $3,018,008.05 and $41,180.08 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Helene 9. Ordinance to ACCEPT and APPROPRIATE $929,280.37 and $19,292.80 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Milton 10. Ordinance to ACCEPT and APPROPRIATE $23,587.53 and $707.63 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L K. PLANNING 1. DAM NECK ASSOCIATES, LLC, for a Conditional Change of Zoning from a A-18 Apartment District & B-2 Community Business District to a Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Deferred from January 21, 2025) RECOMMENDATION: APPROVAL 2. VICTORIA WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A DISTRICT 5 (Deferred from February 4, 2025) RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • DEVELOPMENT AUTHORITY • GREEN RIBBON COMMITTEE • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. 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 March 4, 2025. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FEDERAL GOVERNMENT AFFAIRS UPDATE 1:00 P.M. Anthony Bedell, Senior Corporate and Government Relations Director— Becker & Poliakoff Alfonso Lopez, Senior Corporate and Government Relations Consultant— Becker & Poliakoff B. TOURISM ADVERTISING CAMPAIGN 1:30 P.M. Nancy Helman, Director—Convention and Visitors Bureau Delceno Miles, Chair—Advertising Advisory Committee John Zirkle, Vice Chair—Advertising Advisory Committee C. ATLANTIC PARK UPDATE 2:00 P.M. Emily Archer, Deputy Director— Economic Development II. CITY COUNCIL LIAISON REPORTS 2:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:15 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1 VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION — REVEREND BETH ANDERSON PASTOR, COURTHOUSE COMMUNITY UNITED METHODIST CHURCH C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION — February 18, 2025 H. MAYOR'S PRESENTATION 1. PROCLAMATION — Developmental Disabilities Awareness Month Dr. Joyce Harvey, Chair- Community Services Board CU _ �J Proclamation Whereas Developmental Disabilities Awareness Month recognizes and celebrates the invaluable contributions that people with intellectual and developmental disabilities offer to our community.Individuals with a developmental disability ofall ethnic, racial,social, educational,and economic backgrounds are treated equally, and all are valued members of society who find fulfillment in living everyday lives;and Whereas The City of Virginia Beach is committed to providing essential services to reduce barriers forpeople with developmental disabilities;and Whereas We encourage our community to support opportunities for individuals with developmental disabilities, including access to education, housing, employment,and recreational activities;and Whereas: We value opportunities for citizens with developmental disabilities to function as independently and productively as possible.with full inclusion;and Whereas: We value what is important to people with disabilities and their families who are striving for everyday lives no different than those of all other citizens;and Whereas: Early intervention, education, employment, and community-based services continue to be vital to enabling citizens with a developmental disability to lead full and purposeful lives;and Whereas: Increased public awareness about developmental disabilities will improve access to services,create new opportunities, and promote community integration and engagement. Now, Therefore,I,Mayor "Bobby"Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: Warch 2025 �Devekpwntaf0isaMmiesAwareness 9fonth In Virginia Beach,1 call upon all citizens,families, and friends to join us in celebrating this month and recognizing the efforts to fight against developmental disabilities. In Witness Whereof,I, have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Fourth Day of March, two thousand Twenty-Five. ,i Robert M. "Bobby"Dyer Mayor I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinance to AMEND City Code Section 10-1 re change of polling location for Precinct 0016 to Old Donation School at 4633 Honey grove Road and REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) 2. Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce Street to a Federal Agency for a five (5)year term re installation and operation of radio transmission equipment 3. Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kinston 4. Ordinance to AMEND City Code Section 34-70 re variances from the lifeguard requirement for certain condominium pools (Requested by Mayor Dyer and Council Member Cummings) 5. Ordinance to EXPAND the scope of the Towing Advisory Board re include review of police requested tows (Requested by Mayor Dyer and Council Members Remick and Schulman) 6. Ordinance to DIRECT the City Manager to proceed with School Zone Photo Speed Enforcement and DEDICATE any excess revenue from such program to Capital Project #100423 "Traffic Safety Improvements IV" 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Forestry and the City re purchase of Agricultural Reserve Program Easements 8. Ordinance to ACCEPT and APPROPRIATE $3,018,008.05 and $41,180.08 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Helene 9. Ordinance to ACCEPT and APPROPRIATE $929,280.37 and $19,292.80 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Milton 10. Ordinance to ACCEPT and APPROPRIATE $23,587.53 and $707.63 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L 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 67t' 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 Ginade Campus 53 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 Linkhom 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 Irney's Office CA16803 R-1 January 23, 2025 Witch Duck Point tiav9x'1:r'nd.•r;re© Pa :^•;Sat�FSch� AP b Env Does q H Eraert;l'trnert Q ayside Hip spool 4 t �%!byan 01 © O p ltar:ner s Cove Q ¢ Aoartment5 6. w Cinema Cafe Pembroke Meadows tiousu P4 ROSew00d MenAGO1L`r VILLA ��. YILLAO 1 *Bayside Si de ��W t 1td GreyN-Kim � s .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 N si 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 Technolo City Manager: 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: A, /,�!2T - 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. � 1A � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to Winter Storm Kingston MEETING DATE: March 4, 2025 ■ Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On February 18, 2025, effective on February 19, 2025, at 6:00 a.m., the City Manager issued a declaration of local emergency in response to the imminent threat of severe wind, freezing rain, heavy snow, and ice accumulation, and the loss or interruption of vital City services. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of the storm. ■ Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. That Code section also provides that the City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. The ordinance ends the emergency declaration effective February 22, 2025, at 6:00 a.m. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval Or City Manager: M91 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM 3 KINGSTON 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City 11 Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of 12 Emergency Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the imminent threat of severe wind, freezing rain, 16 heavy snow, and ice accumulation, the City Manager, as the Director of Emergency 17 Management, issued a Declaration of Local Emergency on February 18, 2025, effective 18 on February 19, 2025, at 6:00 a.m. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the City Manager on February 18, 2025, 25 a copy of which is attached hereto and incorporated by reference; and hereby ends the 26 declared emergency, effective February 22, 2025, at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Management Coordinator City ttorney's Office CA16823 R-1 February 18, 2025 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as Director of Emergency Management for the City of Virginia Beach,find the imminent threat of severe wind,freezing rain, heavy snow, and ice accumulation,along with the loss or interruption of vital City services posed by Winter Storm Kingston to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss,hardship or suffering. Therefore,pursuant to Code of Virginia§ 44-146.21,as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning February 19, 2025,at 0600 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations,and plans as may be necessary to adequately and appropriately respond to said Local Emergency. ,4-1 Patrick A. Duhaney, City Manager Director of Emergency Management February 18,2025 Date U_y cc gr fit i' It CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 34-70 of the City Code Pertaining to Variances from the Lifeguard Requirement for Certain Condominium Pools MEETING DATE: March 4, 2025 ■ Background: Virginia Beach City Code§ 34-70 pertains to lifeguard requirements for pools. All type 2 pools with 2,000 square feet water surface or more must have a lifeguard on duty at all times. Type 2 condominium pools that are between 2,000 and 3,000 square feet in size may apply for a variance from the lifeguard requirement from the Health Department. That variance provision has been in effect and remained unchanged since 2007. This amendment increases the maximum size pool eligible for a variance to 3,300 square feet. It is believed that this change will be applicable to a very limited number of pools in the City. ■ Considerations: Virginia Code § 15.2-1110 gives municipal corporations the authority to regulate the operation of pools, including private pools operated by clubs and associations. There is no state code regulation governing lifeguard requirements based on pool size or related variance procedures that would limit the City's ability to regulate either. The Health Department reviews pool variance requests and checks for compliance with the pool safety regulations that exist in City Code § 34-70. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Requested by Mayor Dyer and Councilmember Cummings Requested by Mayor Dyer and Councilmember Cummings 1 AN ORDINANCE TO AMEND SECTION 34-70 2 OF THE CITY CODE PERTAINING TO 3 VARIANCES FROM THE LIFEGUARD 4 REQUIREMENT FOR CERTAIN 5 CONDOMINIUM POOLS 6 7 SECTION AMENDED: § 34-70 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Section 34-70 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained to read as follows: 15 Sec. 34-70. Lifeguards. 16 (a) There shall be at least one (1) lifeguard on duty at all times when the type 2 pool is 17 of two thousand (2,000) square feet (185.79 square meters) of water surface or 18 more and when open for use. 19 . . . . 20 (e) Variance procedure for type 2 condominium pools: Owners of type 2 condominium 21 pools greater than two thousand (2,000) square feet and less than three thousand 22 three hundred (3,300) (3,4=) square feet may apply for a variance to the lifeguard 23 requirements of this section. 24 (1) Variances to the requirements of this section may be granted by the 25 administrative authority where: 26 a. The pool area is access controlled; 27 b. The entrance to and the pool area are under surveillance at all times when 28 the pool is open without a lifeguard; 29 c. Pool rules, which are distributed to all members of the condominium, state 30 that no minors under the age of 16 shall be in the pool area unless 31 accompanied by an adult when no lifeguard is provided; and 32 d. There are conspicuously posted legible signs that contain the following 33 language: 34 WARNING: NO LIFEGUARD ON DUTY. 35 MINORS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE THE POOL 36 UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT. 37 (2) The application for a variance to the administrative authority shall be on forms 38 provided by the administrative authority and must include: 39 a. A statement requesting specific times for the variance to apply and the 40 reasons for those times; and 41 b. The reasons why the public health and safety will not be jeopardized if the 42 variance is granted. 43 (3) Within a reasonable time, not to exceed sixty (60) days from the receipt of a 44 complete written application the administrative authority shall grant, deny or 45 grant with conditions such variance. The administrative authority shall 46 consider, in addition to the requirements of subdivision (e)(1), the following 47 factors: 48 a. Any circumstances unique to the applicant's facility, 49 b. The effects that the variance would have on the health and safety of the 50 public; and 51 c. Any other health and safety factors, as determined by the administrative 52 authority. 53 (4) The administrative authority shall notify the applicant in writing of the approval 54 of the variance, the effective date of the variance and the conditions attached 55 to the approval of the variance. Failure to comply with the conditions shall 56 result in the immediate revocation of the variance. 57 A denial of the variance shall also be in writing giving the reasons for the 58 denial. 59 (5) Each variance approved shall be conspicuously posted in public view in the 60 pool area. 61 (6) Variances expire on October 1 and must be applied for on a yearly basis. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: A�&�, City Attorneys Office CA16664 R-1 February 11, 2025 b 1, �! si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Expand the Scope of the Towing Advisory Board to Include Review of Police Requested Tows MEETING DATE: March 4, 2025 ■ Background: In 1993, a change to state law required local governing bodies to appoint an advisory board prior to adopting or amending any ordinance that regulates the use of tow trucks to enforce parking restrictions on private property. On July 6, 1993, the City Council established the Virginia Beach Towing Advisory Board for the purpose of(1) reviewing any proposed City Code amendment pertaining to the removal of unauthorized vehicles from private property (including the fees charged for such removal); and (2) making recommendations to the City Council regarding the provisions of any such amendment. The City Council subsequently amended the City Code to regulate the use of tow trucks to enforce parking restrictions on private property, but the City Council has not adopted an State law requires the City Council to seek the advice of a towing advisory board prior to adopting any ordinance regulating the removal of vehicles upon police request. At its January 17, 2024 meeting, the Towing Advisory Board unanimously adopted a request to have its authority expanded to make recommendations regarding the removal of vehicles upon police request. ■ Considerations: Police requested tows can occur in conjunction with traffic stops and DUI investigations, disabled vehicles on public roadways, and vehicle crashes and accidents. In the event of a crash or accident, the removal of a vehicle can be more involved than the removal of a vehicle from private property, e.g., removal of a vehicle from a ditch, cleaning a crash site. Virginia Code § 46.2-1217 states that prior to adopting an ordinance related to the removal of vehicles at police request, a local governing body shall receive advice from an advisory board with regard to the appropriate provisions of the ordinance. The proposed ordinance expands the scope of the Towing Advisory Board to allow it to provide advice to the City regarding police-requested tows. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance Requested by Mayor Dyer and Councilmembers Remick and Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK AND SCHULMAN 1 AN ORDINANCE TO EXPAND THE SCOPE OF 2 THE TOWING ADVISORY BOARD TO 3 INCLUDE REVIEW OF POLICE REQUESTED 4 TOWS 5 6 WHEREAS, in 1993, a change to state law required local governing bodies to 7 appoint an advisory board prior to adopting or amending any ordinance that regulates the 8 use of tow trucks to enforce parking restrictions on private property; 9 10 WHEREAS, on July 6, 1993, the City Council established the Virginia Beach 11 Towing Advisory Board for the purpose of (1) reviewing any proposed City Code 12 amendment pertaining to the removal of unauthorized vehicles from private property 13 (including the fees charged for such removal); and (2) making recommendations to the 14 City Council regarding the provisions of any such amendment; 15 16 WHEREAS, the City Council subsequently amended the City Code to regulate the 17 use of tow trucks to enforce parking restrictions on private property, but the City Council 18 has not adopted an ordinance to regulate police-requested tows of unattended, 19 abandoned, or immobile vehicles; 20 21 WHEREAS, state law requires the City Council to seek the advice of a towing 22 advisory board prior to adopting any ordinance regulating the removal of vehicles upon 23 police request; and 24 25 WHEREAS, the Virginia Beach Towing Advisory Board has requested that the City 26 Council expand the Board's authority to include reviewing any proposed ordinance 27 pertaining to the removal of vehicles upon police request and making recommendations 28 to the City Council regarding the provisions of any such ordinance. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRG►NIA: 32 33 That the scope of the Towing Advisory Board is hereby amended to include: 34 35 (1) reviewing any proposed ordinance pertaining to the removal of unauthorized 36 vehicles from private property and any ordinance pertaining to the removal of vehicles 37 upon police request; and 38 39 (2) making recommendations to City Council regarding the provisions of any such 40 ordinance(s). Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: "/M�- City Attorneys Office CA16407 R-1 January 29, 2025 r'r,?`'�' '.y ror ;gJ 43�ti a�µ,.•�a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Direct the City Manager to Proceed with School Zone Photo Speed Enforcement and to Dedicate Any Excess Revenue from Such Program to a Traffic and Pedestrian Safety Capital Project MEETING DATE: March 4, 2025 ■ Background: The City Council's Focused Action Plan includes two goals related to improving safe travel for the community and pursue a safe and healthy environment for residents and visitors. To that end, the Police Department looks for opportunities to make efficient use of technology to enhance traffic and pedestrian safety. As the term of the current PHOTOSafe contract nears its end, the solicitation for a vendor included as an option the use of photo speed monitoring. The Police Department briefed the City Council on this option at the February 18, 2025, Informal Session. The City Council directed staff to bring forward an ordinance that would provide policy direction regarding photo speed enforcement in school zones. The City Council further directed its desire that any revenues in excess of expenses for the photo speed enforcement in school zones be directed toward City Council's priority for neighborhood traffic calming and pedestrian safety improvements. Capital Project #100423, "Traffic Safety Improvements IV," provides for modification of existing roadways to enhance traffic safety, install sidewalks, and other traffic safety improvements. ■ Considerations: The attached ordinance directs the City Manager to pursue inclusion of photo speed enforcement in school zones in addition to PHOTOSafe. The ordinance directs any revenues in excess of expenses from photo speed enforcement shall be dedicated to Capital Project #100423, "Traffic Safety Improvements IV." Last, the City Manager is to seek further direction from the City Council prior to pursuing photo speed enforcement in work zones. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; Capital Project #100423; Virginia Code § 46.2-882.1 Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 40 1 AN ORDINANCE TO DIRECT THE CITY MANAGER 2 TO PROCEED WITH SCHOOL ZONE PHOTO SPEED 3 ENFORCEMENT AND TO DEDICATE ANY EXCESS 4 REVENUE FROM SUCH PROGRAM TO A TRAFFIC 5 AND PEDESTRIAN SAFETY CAPITAL PROJECT 6 7 WHEREAS, the General Assembly has authorized localities to undertake photo 8 speed enforcement in highway work zones and school crossing zones; 9 10 WHEREAS, the City Council desires to empower its public safety agencies to 11 make efficient use of technology to enhance traffic and pedestrian safety; 12 13 WHEREAS, Capital Project #100423, "Traffic Safety Improvements IV," provides 14 for modification of existing roadways to enhance traffic safety, install sidewalks, and other 15 traffic safety improvements; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The City Manager is hereby directed to pursue inclusion of photo speed 21 enforcement in school zones in addition to the current stop light enforcement 22 program (PHOTOSafe). Such photo enforcement program shall be undertaken in 23 conformity with Virginia Code § 46.2-882.1. 24 25 2. The revenues in excess of expenses from photo speed enforcement in school 26 zones in hereby dedicated to Capital Project#100423. 27 28 BE IT FURTHER RESOLVED, THAT: 29 30 Prior to pursuing photo enforcement in work zones, the City Manager is to seek 31 further direction of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVE TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police D partment e City Attorney CA 1682 R-2 February 21, 2025 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100423 itle:Traffic Safety Improvements IV tatus:Approved Category:Roadways lDepartmenv.Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 42,244,355 24,377,406 2,984,959 2,622,192 3,387,253 2,957,515 2,957,515 2,957,515 Description This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes.In FY 2023-24, $4.3 million was appropriated to this project from the sale of property to Dominion for their offshore wind project. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 07/16-06/30 6,309,803 Construction 07/16-06/30 31,728,016 Contingencies 07/16-06/30 4,206,536 Total Budgetary Cost Estimate: 42,244,355 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,786,633 Federal Contribution 4,857,123 State Contribution 473,132 Lease of Property 1,374,408 Sale of Property 4,753,059 Total Funding: 42,244,355 § 46.2-882.1. Use of photo speed monitoring devices in highway work zones, school crossing zones, and high-risk intersection segments; civil penalty. A. For the purposes of this section: "High-risk intersection segment" means any highway or portion thereof located not more than 1,000 feet from the limits of the property of a school that is part of or adjacent to an intersection containing a marked crosswalk that is identified in the manner provided in this section as one in which a traffic fatality has occurred since January 1,2014. "Highway work zone"has the same meaning ascribed to it in§ 46.2-878.1. "Photo speed monitoring device" means equipment that uses radar or LIDAR-based speed detection and produces one or more photographs,microphotographs,videotapes, or other recorded images of vehicles. "School crossing zone" has the same meaning ascribed to it in§ 46.2-873. "Vehicle speed violation"means a violation of this title resulting from the operation of a vehicle in excess of the speed limit, including a violation of§ 46.2-873 or 46.2-878.1. B. A state or local law-enforcement agency may place and operate a photo speed monitoring device in school crossing zones for the purposes of recording violations of§ 46.2-873 and in highway work zones for the purposes of recording violations of§ 46.2-878.1. A state or local law-enforcement agency may place and operate a photo speed monitoring device at a high-risk intersection segment located within the locality for the purpose of recording vehicle speed violations,provided that such law-enforcement agency certifies that a traffic fatality has occurred since January 1,2014, in such segment. C. The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a photo speed monitoring device,to be traveling at speeds of at least 10 miles per hour above the posted speed limit in the zone monitored by the photo speed monitoring device. Such civil penalty shall not exceed$100, and any prosecution shall be instituted and conducted in the same manner as prosecution for traffic infractions. Civil penalties collected under this section resulting from a summons issued by a local law-enforcement officer shall be paid to the locality in which such violation occurred. Civil penalties collected under this section resulting from a summons issued by a law-enforcement officer employed by the Department of State Police shall be paid into the Literary Fund. However, all civil penalties collected under this section resulting from a summons issued based on evidence obtained from a photo speed monitoring device placed and operated at a high-risk intersection segment shall be paid to the Commonwealth Transportation Board to be used for the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373. D. If a photo speed monitoring device is used,proof of a vehicle speed violation shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a law-enforcement officer,based upon inspection of photographs, microphotographs,videotapes, or other recorded images produced by a photo speed monitoring device, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs,videotapes,or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such vehicle speed violation. E. In the prosecution for a vehicle speed violation in which a summons was issued by mail, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in a manner constituting a vehicle speed violation,together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee,or renter of the vehicle(i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation or(ii)testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged vehicle speed violation, is presented,prior to the return date established on the summons issued pursuant to this section,to the court adjudicating the alleged violation. F. Imposition of a penalty pursuant to this section by mailing a summons shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed,nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. However, if a law-enforcement officer uses a photo speed monitoring device to record a vehicle speed violation and personally issues a summons at the time of the violation,the conviction that results shall be made a part of such driver's driving record and used for insurance purposes in the provision of motor vehicle insurance coverage. G. A summons for a vehicle speed violation issued by mail pursuant to this section may be executed pursuant to § 19.2-76.2.Notwithstanding the provisions of§ 19.2-76, a summons issued by mail pursuant to this section may be executed by mailing by first-class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of or accessible to the Department. In the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i)the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection E and(ii)instructions for filing such affidavit,including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in§ 19.2-76.3.No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration outside the Commonwealth and such person fails to appear on the date of return set out in the summons mailed pursuant to this section,the summons will be eligible for all legal collections activities. Any summons executed for a vehicle speed violation issued pursuant to this section shall provide to the person summoned at least 30 days from the mailing of the summons to inspect information collected by a photo speed monitoring device in connection with the violation. If the law-enforcement agency that was operating the photo speed monitoring device does not execute a summons for a vehicle speed violation issued pursuant to this section within 30 days from the date of the violation, all information collected pertaining to that suspected violation shall be purged within 60 days from the date of the violation. H. A private vendor may enter into an agreement with a law-enforcement agency to be compensated for providing a photo speed monitoring device and all related support services, including consulting, operations, and administration. However, only a law-enforcement officer may swear to or affirm the certificate required by this section. Any such agreement for compensation shall be based on the value of the goods and services provided,not on the number of violations paid or monetary penalties imposed. Any private vendor contracting with a law- enforcement agency pursuant to this section may enter into an agreement with the Department, in accordance with the provisions of subdivision B 31 of§ 46.2-208,to obtain vehicle owner information regarding the registered owners of vehicles that committed a vehicle speed violation. Any such information provided to such private vendor shall be protected in a database. I. Information collected by a photo speed monitoring device operated pursuant to this section shall be limited exclusively to that information that is necessary for the enforcement of vehicle speed violations. Information provided to the operator of a photo speed monitoring device shall be protected in a database and used only for enforcement of vehicle speed violations and enforcement against individuals who violate the provisions of this section.Notwithstanding any other provision of law, all photographs,microphotographs,videotapes, or other recorded images collected by a photo speed monitoring device shall be used exclusively for enforcing vehicle speed violations and shall not be(i) open to the public; (ii) sold or used for sales, solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the enforcement of a vehicle speed violation or to a vehicle owner or operator as part of a challenge to the violation; or(iv)used in a court in a pending action or proceeding unless the action or proceeding relates to a vehicle speed violation or a violation of this section,or such information is requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. Any law-enforcement agency using photo speed monitoring devices shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of$1,000 per disclosure. J. A conspicuous sign shall be placed within 1,000 feet of any school crossing zone,highway work zone, or high-risk intersection segment at which a photo speed monitoring device is used, indicating the use of the device. There shall be a rebuttable presumption that such sign was in place at the time of the commission of the speed limit violation. K. Any state or local law-enforcement agency that places and operates a photo speed monitoring device pursuant to the provisions of this section shall report to the Department of State Police, in a format to be determined by the Department of State Police,by January 15 of each year on the number of traffic violations prosecuted,the number of successful prosecutions, and the total amount of monetary civil penalties collected. The Department of State Police shall aggregate such information and report it to the General Assembly by February 15 of each year. 2020,c. 1232; 2024, c. 670. Lk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Forestry and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: March 4, 2025 ■ Background: In 2024, the Virginia Department of Forestry ("VDOF") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $161,128.57, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). Subject to the approval of the City Council, the City staff and VDOF have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the funding. The City previously approved the receipt of funding from the Virginia Department of Agriculture and Consumer Services ("VDACS") on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017, February 20, 2018, June 6, 2019, February 18, 2020, April 19, 2022, February 21, 2023 and February 20, 2024. However, by Chapter 146 of the 2024 General Assembly, the General Assembly transferred the duties of the Office of Working Lands Preservation from VDACS to VDOF and established the Virginia Farmland and Forest Land Preservation Fund within the State Treasury. ■ Considerations: The Agreement provides that VDOF will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, (6) public notice costs and (7) recordation fees. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of$161,128.57. s Public Information: No special advertising is required. Public information will be handled through the normal agenda process. r Recommendations: Adoption of Resolution k Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department QLv City Manager d-D 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF FORESTRY AND 5 THE CITY OF VIRGINIA BEACH REGARDING THE 6 PURCHASE OF AGRICULTURAL RESERVE 7 PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,786 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 1 of the 2024 Special Session 1 19 Acts of Assembly, appropriated $437,500.00 in the fiscal year ending June 30, 2025 to 20 the Virginia Farmland Preservation Fund for the continuation of a state fund to match 21 local governmental purchases of development rights program funds for the preservation 22 of working farms and forest lands; 23 24 WHEREAS, Section 10.1-1119.3 of the Code of Virginia authorizes the Virginia 25 Department of Forestry Office of Working Lands Preservation ("VDOF") to develop 26 methods and sources of revenue for allocating funds to localities to purchase agricultural 27 conservation easements; 28 29 WHEREAS, VDOF has determined that the City is eligible to receive contributions 30 of funds from VDOF in reimbursement for certain costs the City will incur in the course of 31 purchasing ARP easements; 32 33 WHEREAS, the City and VDOF desire to enter into an agreement wherein VDOF 34 will agree to reimburse the City for certain costs incurred by the City in the course of 35 purchasing ARP easements, up to a cumulative maximum amount of $161,128.57 for a 36 period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDOF, 39 entitled "Intergovernmental Agreement Between Virginia Department of Forestry and 40 The City of Virginia Beach," dated January 1 , 2025 (the "Agreement"), is on file in the 41 City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 46 WHEREAS, the City Council finds that the terms of the said Agreement are fair 47 and reasonable and would be of significant benefit to the City and its citizens by 48 providing an additional source of funds for the purchase of ARP easements. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH: 52 53 That the City Manager is hereby authorized and directed to execute the 54 Intergovernmental Agreement between the Virginia Department of Forestry and the City 55 of Virginia Beach, dated January 1, 2025, so long as the terms are in accordance with 56 the Summary of Terms attached hereto as Exhibit A and incorporated herein, and such 57 other terms, conditions, or modifications as may be acceptable to the City Manager and 58 in a form deemed satisfactory by the City Attorney, and to take such measures as are 59 necessary or advisable to implement the Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Forestry for their continued 66 commitment to the preservation of agriculture within the Commonwealth of Virginia and 67 the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2025. Approved as to Content: Approved as to Legal Sufficiency: G% Dept. of Agriculture City Attome CA16596 Nvbgov.comldfs I lappic000nskc"aMcycom32lwpdocsVd030tpD4210084181 b.doc R-1 February 18, 2025 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Forestry and the City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Forestry ("VDOF"). Background: Since 2008, the City has been approved to receive a total of $2,549,412.95 from Virginia Department of Agriculture and Consumer Services ("VDACS") for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 4/19/22 - 156,476.00 2/21/23 - 175,000.00 2/20/24 - 165,400.00 In 2024, the General Assembly transferred the duties of the office of Working Lands Preservation from VDACS to VDOF. City is now eligible to receive an additional $161,128.57 in VDOF funds. VDOF Responsibilities: VDOF will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $161,128.57 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDOF. • Utilize state funds to further protect agricultural lands by purchasing development rights to preserve working farm or forest lands. • Submit an annual progress report to VDOF each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDOF in an amount proportional to the VDOF contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (January 1, 2025 through January 1, 2027). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. 2 • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 3 ��gGINU rd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Helene Deployment MEETING DATE: March 4, 2025 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Tropical Cyclone Helene, VA-TF2 sent members with the Red and Blue IST, along with an 80-member Type 1 team to respond to this event. ■ Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $3,018,008.05. In addition, the department is entitled to $41,180.08 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The total cost of the deployment is $3,059,188.13. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: *0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 HELENE DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $3,018,008.05 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Helene. 12 13 2) $41,180.08 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Helene. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services " _C+fy orney's Office CA16820 R-1 February 18, 2025 rS `�.yb ♦ (4W j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Milton Deployment MEETING DATE: March 4, 2025 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Tropical Cyclone Milton, VA-TF2 sent members with the Red and Blue IST, along with an 80-member Type 1 team and a 17 member MRP-W team to respond to this event. ■ Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $929,280.37. In addition, the department is entitled to $19,292.80 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The total cost of the deployment is $948,573.17. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 MILTON DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 1) $929,280.37 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Milton. 12 13 2) $19,292.80 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Milton. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' orney' ffice CA16821 R-1 February 18, 2025 Nu 1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Disturbance Invest 94L Deployment MEETING DATE: March 4, 2025 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Puerto Rico Invest 94L Tropical Disturbance, VA-TF2 sent two members with the Red IST to respond to this event. ■ Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $23,587.53. In addition, the department is entitled to $707.63 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The total cost of the deployment is $24,295.16. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: lew 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL DISTURBANCE 3 INVEST 94L DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $23,587.53 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L. 12 13 2) $707.63 is hereby accepted from the Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Disturbance 17 Invest 94L. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's CWice CA16822 R-1 February 18, 2025 K. PLANNING 1. DAM NECK ASSOCIATES, LLC, for a Conditional Change of Zoning from a A-18 Apartment District & B-2 Community Business District to a Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Deferred from January 21, 2025) RECOMMENDATION: APPROVAL 2. VICTORIA WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A DISTRICT 5 (Deferred from February 4, 2025) RECOMMENDATION: APPROVAL 1. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 4, 2025 at 6,00 p.m.In the Council Chamber at City Hall, Building 1, 2- Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 4,2025. 2. Download WebEx and view the meeting at: hUps://vbgov.webex.com/weblink/reg ister/rf032381a94acccd3bbb7c479b 72d12a5 The following requests are scheduled to be heard: l Dam Neck Associates,LLC Property Owner: 6 Dam Neck Associates, LLC Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District) & Modification of Proffers Addresses:872&1089 Dam Neck Road,1064&1080 Dam Neck Station Road GPINs: 2415757941, 2415653990. 2415665412, 2415662427 City Council: District 5(Wilson) Victoria Walsh(Applicant&Property Owner) Conditional Use Permit(Short Term Rental) Address:917 Pack Avenue, Unit A GPIN: 24272444111085 City Council: District 5 (Wilson) 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 TOO 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 18&25,2025- 1 TIME EACH 0 AG2A P1 P1 0 B�2 B2 z Al2 o B2/IB'2 Al2 B2� o B2 B2 R10 B2R10 ❑ AG2 —Dam Neck Road_ AG2 AG2 Dam=Neck Road- B2 B2� �,� AG2 Q R�7.5 0 B'2 �`' / R5D Al2� R10 R10 R7.5 B2 AG2 �� �Al2 �� \ R�5D Q B2 N _+ I W I.'® site Dam Neck Associates, LLC Property Polygons 872 & 1089 Dam Neck Road, S Zoning 1064 & 1080 Dam Neck Station Road Feet Building 0 80160 320 480 640 800 960 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAM NECK ASSOCIATES, LLC [Applicant & Property Owner] Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed Use District) Modification of Proffers to a Conditional Rezoning for the property located at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road (GPINs 2415757941, 2415653990, 2415665412, 2415662427). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 4, 2025 (Deferred at the January 21 , 2025 CC Hearing) ■ Background: The applicant seeks a zoning change from Conditional A-18 Apartment District and Conditional B-2 Community Business District to Conditional B-4 Mixed Use District to develop a mixed-use project on approximately 71.2 acres located just east of the General Booth Boulevard and Dam Neck Road intersection. Additionally, a Modification of Proffers is requested to amend the proffers approved by the City Council in 2022. In 1994, City Council approved two rezoning requests: one from A-12 Apartment District to Conditional B-2 Community Business District for a commercial development at the northeast corner of General Booth Boulevard and Dam Neck Road, and another from A-12 Apartment District to Conditional A-18 Apartment District for up to 612 apartment units, yielding a residential density of 17.98 units per acre. A Modification of Proffers was approved in September 2022 to revise the site layout and building design for the 612 apartment units. As currently proposed, the development will be completed in two main phases. The eastern portion of the site, identified as Phase 1, will remain Conditional A-18 and will include a total of 314 residential units. The Modification of Conditions request relates to Phase 1 of the development and includes minor modifications to the site layout and proposed phasing lines. Furthermore, the request notes that a maximum of 314 residential units will be developed with Phase 1. The architectural style and building materials for Phase 1 will generally conform to the previously proffered building elevations which featured a neutral color scheme with a combination of high-quality fiber cement siding, stone veneer, and fiberglass shingles. The western portion of the site, identified as Phase 2, is proposed to be rezoned to Conditional B-4 and will contain a mix of commercial, residential, office, and recreational uses. The remaining 298 units approved in 1994 will be relocated to contiguous properties to the west and will be developed as part of Phase 2. Dam Neck Associates, LLC Page 2 of 7 The site is located within the 70-75 dB DNL and greater than 75 dB DNL noise zones, where residential uses are considered incompatible with Navy flight operations per Article 18 of the Zoning Ordinance. In 2023, the City Council amended Article 18 by adding Section 1804(e), which allows previously authorized dwelling units to be reconfigured or relocated, as long as they are not moved to a higher noise zone, accident potential zone, or clear zone, and any affected or changed units are reduced by 5 percent. As part of these requests, a portion of the residential units approved with the 1994 rezonings will be relocated to the contiguous western parcels, in compliance with Section 1804(e). Although 612 units were originally approved for the site, the 5 percent reduction will limit the total number of residential units to 597. Phase 1 (the eastern portion), approved in 2022, will include up to 314 units and will not be subject to the 5 percent reduction, as these units are not being altered or relocated with this application. The 298 units planned for Phase 2 will be subject to the 5 percent reduction, since they are proposed to be relocated to the western portion of the site, thus limiting Phase 2 to a maximum of 283 units. While specific uses and tenants have not been identified for the commercial areas of the project, Proffer 7 has been provided to ensure that all proposed uses are consistent with the land use table in Section 1804 of the Zoning Ordinance. In accordance with Section 904 of the Zoning Ordinance, buildings within the B-4 Mixed Use District that are located within 100 feet of an adjoining A-18 Apartment District are limited to a maximum height of 35 feet. The applicant is requesting a deviation, as permitted by Section 107(i) of the Zoning Ordinance, to instead allow building heights of up to 75 feet within this 100-foot area. The buildings in Phase 2 will range from three to five stories and will be in substantial conformance with the "Mixed-Use Building Character Imagery" exhibit, as proffered. A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum number of required parking spaces. Although 1,638 parking spaces are required for the mixed-use development, the study indicates that 1,419 spaces will be provided, resulting in a 13.4% reduction (219 spaces). As shown on the Conceptual Site Plan, all required bicycle parking spaces will be provided in compliance with the City Zoning Ordinance. Lastly, right-of-way improvements shown on the proffered Conceptual Site Plan include the installation of sidewalks along the full length of the Dam Neck Road and Dam Neck Station Road frontages, as well as the completion of the remaining portion of Dam Neck Station Road to connect General Booth Boulevard and Dam Neck Road. According to the Traffic Impact Analysis (TIA), the construction timeline for these improvements, including the extension of Dam Neck Station Road, will be determined during the site plan review. An updated traffic analysis will be submitted with each phase of development to be reviewed and approved by the Department of Planning & Community Development, in coordination with the Department of Public Works/Traffic Engineering, as noted in Proffer 8. Dam Neck Associates, LLC Page 3 of 7 ■ Considerations: The proposed development is consistent with the Comprehensive Plan's vision for the Suburban Area, which emphasizes creating and maintaining quality neighborhoods that are compatible with their surroundings. The proposed mixed- use development supports these objectives by reducing parking visibility, enhancing streetscapes, integrating pedestrian connections, and providing amenities like walking paths and potential connections to Red Wing Park. As noted above, the applicant seeks a deviation from the 35-foot height limit within 100 feet of the A-18 Apartment District, requesting up to 75 feet for buildings. This request is supported by Section 107(i) of the Zoning Ordinance, which allows deviations if they do not significantly impact surrounding properties. Staff believes and the Planning Commission concurred that the height increase will not negatively affect the area, as the site is surrounded by a City Park, a retirement community with 80-foot buildings, a school, and commercial property. The deviation also allows for better integration between the two phases of development, contributing to a more cohesive project. The parking study reviewed and approved by the Zoning Administrator for the development was based on a certain mix of uses specified in the study. A condition of the approval required the applicant to inform the Department of Planning & Community Development as uses and tenants are identified to ensure the mix of uses conformed to the parking study. Furthermore, any significant changes to the development plan and/or mix of uses would require submittal of a new parking study for review and approval. The applicant submitted a Traffic Impact Analysis (TIA), dated August 2024 and revised in December 2024, for review. This Analysis was based on the full build- out of the development and the improvements that would be required at full build- out. Since the development will be constructed in phases which will be driven by market demand, an updated traffic analysis will be submitted for each phase to the Department of Public Works/Traffic Engineering. Required improvements identified in the traffic analysis, including the extension of Dam Neck Station Road and intersection upgrades, must be completed and dedicated to the City before the issuance of a final certificate of occupancy for each phase. A Joint City-Navy Review Process Group meeting was held on July 30, 2024, to discuss the mixed-use development proposal. The Joint Review Process Group determined that a density of 5.27 units per acre (283 units) is the highest acceptable for Phase 2, in accordance Section 1804(e) of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Dam Neck Associates, LLC Page 4 of 7 ■ Recommendation: On December 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0 with 1 abstention. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM Conceptual Development Plan", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property, when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance, and the proposed 283 units reflects the five percent(5%) reduction required by Section 1804(e)(2)(ii). Proffer 5 A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any Dam Neck Associates, LLC Page 5 of 7 mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet (100') of the adjacent A-18 zoning lot (to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a)the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or (b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Modification of Proffers Proffer 1 A portion of the Property is hereby removed from the definition of "Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Dam Neck Associates, LLC Page 6of7 Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreements Minutes of Planning Commission Hearing Dam Neck Associates, LLC Page 7 of 7 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department /11 City Manager: Agenda I A•• Dam Neck Associates, CouncilPlanning Commission Public Hearing: December 11, 2024 V_B' City • Project Details East Request Cultivated Field/A-12 Apartment and AG-2 Conditional Rezoning (A-18 Apartment and B-2 Agricultural Community Business to Conditional B-4 Mixed Use) West Modification of Proffers Retail, fast-food Restaurant/ B-2 Community Business Staff Recommendation Approval 4 e Staff Planner + Marchelle Coleman n a Location h00000C READING RD K LN � SAKURA LN 872 & 1089 Dam Neck Road; and 1064&1080 Dam EAGLE WOOD DR Neck Station Road SNOWBIRD LN GP/Ns 01 2415757941, 2415653990, 2415665412, Axis CT FLEET DR r M 2415662427 _"� NECK RD y, CASUAL CT Site Size v 4? O •rF ?� Op 71.2 acres � GPy P� �s�N°a ��°a A/CUZ 70-75 dB DNL, Greater than 75 dB DNL EO'sO"RD,S �� sRe� Watershed Southern Rivers Existing Land Use and Zoning District Cultivated Field/A-18 Apartment and B-2 Community Business v . Surrounding Land Uses and Zoning Districts ' North noN� Red Wing Park/ P-1 Preservation South e r. Dam Neck Road Single-family dwellings, multi-family dwellings/ R- } 10 Residential, A-12 Apartment, AG-2 Agricultural, � � 4 i QAM NECK RD and R-51) Residential ;a; Dam Neck Associates, LLC Agenda Items 3 &4 page 1 of 38 Background SummaryofProposal • The applicant seeks a change in zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed Use District in order to develop an approximately 71.2-acre site located just east of the intersection of General Booth Boulevard and Dam Neck Road into a mixed-use development that will include commercial, office, recreational, and multifamily components. A Modification of Proffers is also requested to amend proffers approved by the City Council in 2022. • In 1994, City Council approved two rezoning applications, one from A-12 Apartment District to B-2 Community Business District to allow for commercial development at the northeast corner of General Booth Boulevard and Dam Neck Road and a second request from A-12 Apartment District to A-18 Apartment District to allow for the development of up to 612 apartment units adjacent to the commercial area, resulting in a residential density of 17.98 units per acre. • A Modification of Proffers was approved by City Council on September 20, 2022,to alter the 1994 proffered site layout and building design for the 612 proposed units. The applicant now seeks to amend the 2022 proffers to make slight adjustments to the site layout, specifying that the total number of units in Phase 1, located on the eastern 17.5-acre portion of the site, shall not exceed 314 and that the remaining 298 units will be relocated to one or more contiguous properties to the west. The applicant is also proposing a slight change in the phase lines for the proposed development.The eastern portion of the site, identified as Phase I, will remain Conditional A-18 Apartment District and will be developed with a clubhouse and recreational amenities in addition to the residential units, as previously proffered. • The site is located within the 70-75 dB DNL and greater than 75 dB DNL, where residential uses are deemed incompatible with Navy flight operations per Article 18 of the Zoning Ordinance. In 2023, the City Council approved an amendment to Article 18, adding Section 1804(e), to allow for the previously authorized dwelling units to be changed in form or relocated, provided they are not moved to a higher noise zone, accident potential zone, or clear zone and that any previously authorized dwelling units affected or changed by a discretionary action be reduced by 5 percent. Previously authorized dwelling units are defined as residential uses currently permitted or approved prior to December 20, 2005, either as a matter of right; subject to a conditional use permit or proffer agreement; or subject to any prior city council approval. Using this definition, the 612 units approved with the 1994 rezoning would be considered previously authorized dwelling units and the provisions of Section 1804(e)would apply. • As stated previously, a portion of the residential units previously authorized for the eastern portion of the site under the 1994 rezonings will be relocated to the contiguous parcels on the western portion of the site, in accordance with Section 1804(e) of the City Zoning Ordinance. • While 612 units were originally approved for the development, the 5% reduction regulations will limit the total of residential dwellings units for the entire site to 597 units since Phase 1 (eastern portion of the site), approved in 2022, will include no more than 314 units and do not have to be reduced by 5 percent since they are not proposed to be changed or relocated with this application. However, the 298 units initially proposed for Phase 2 that are to be relocated to the western portion of the site would be subject to the 5 percent reduction. As such, Phase 2 will be limited to a maximum of 283 units. Dam Neck Associates, LLC Agenda Items 3 &4 page 2 of 38 • The western portion of the site, identified as Phase 2, will be rezoned to Conditional B-4 Mixed Use District and will include a mix of commercial, office, recreational, and multifamily uses.Although specific uses have not been identified at this time, Proffer 7 has been offered to ensure that all designated uses be compatible with the land use table outlined in Section 1804 of the Zoning Ordinance. • Per Section 904 of the Zoning Ordinance, buildings within the B-4 Mixed Use District that are located within 100 feet of an adjoining A-18 Apartment district are restricted to a maximum height of 35 feet.The applicant is requesting a deviation, as allowed by Section 107(i) of the Zoning Ordinance, to permit building heights of up to 75 feet within this 100-foot area. The buildings within the mixed-use portion of the development referred to as Phase 2 will range in height from three to five stories. As outlined in Proffer 6, the applicant is requesting a maximum height of 75 feet instead of the 35 feet maximum required within 100 feet of the A-18 Apartment District. • The architectural style of the building materials for the multifamily development on the eastern portion of the site would be in substantial conformance with the building elevations previously proffered. The proffered exterior building materials feature a neutral color scheme with a mix of high-quality fiber cement siding, stone veneer, and fiberglass shingles.The architectural style and quality of building materials used for the mixed-use development on the western portion of the site will be in substantial conformance to the architectural exhibit entitled "Mixed-Use Building Character Imagery", as proffered with the current request. Further review will take place during the final site plan review process. • The proffered Conceptual Landscape Plan depicts the required streetscape,foundation, and interior parking lot plantings. Further details of the landscape plan will be reviewed as part of the final site plan submission. • As depicted on the Conceptual Site Plan, two vehicular ingress/egress points are proposed, one along Dam Neck Road and one along Dam Neck Station Road. • Right-of-way improvements depicted on the proffered Conceptual Site Plan include installation of sidewalks along the entire length of Dam Neck Road and Dam Neck Station Road frontages, and the construction of the remaining portion of Dam Neck Station Road to provide a connection between General Booth Boulevard and Dam Neck Road. As outlined in the Traffic Impact Analysis (TIA),the construction timeline for the remaining section of Dam Neck Station Road will be established during the site plan review. Additionally, each development phase will require an updated traffic analysis,which must be reviewed and approved by the Department of Planning & Community Development, in coordination with the Department of Public Works/Traffic Engineering. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces. While 1,638 parking spaces are required for the mixed-use development, the parking study indicates that 1,419 parking spaces will be provided, yielding a 13.4% reduction (219 spaces) from the required parking.As noted on the Conceptual Site Plan, all required bicycle parking spaces shall be provided to meet requirements outlined in the City Zoning Ordinance. • As the site is located in the 70-75 dB DNL noise zone and in the greater than 75 dB DNL, the applications were considered by the Joint City-Navy Review Process (JRP) Group. Section 1804(c) of the Zoning Dam Neck Associates, LLC Agenda Items 3 &4 page 3 of 38 Ordinance provides regulations that apply to discretionary development applications for uses within the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. Zoning History Map Key Request No. MDP Approved 09/20/2022 CRZ (A-12 Apartment to A-18 Apartment) 1 Approved 06/14/1994 CRZ (A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business) Approved 06/14/1994 2 CUP (Car Wash Facility) Approved 10/18/2022 3 CUP (Tattoo Parlor) Approved 05/16/2017 4 CRZ (AG-2 to Conditional R-51D Residential) Approved 09/20/2016 5 CUP (Tattoo Parlor) Approved 04/19/2016 CUP (Automobile Repair Garage) Approved 6 02/16/2016 MDC Approved 02/11/2014 CUP (Gasoline Pumps) Approved 01/09/1996 7 CUP (Child Daycare) Approved 03/12/2013 MDC Approved 07/06/2010 8 MDC Approved 02/08/2005 SVR Approved 06/11/2002 CUP (Mini-warehouse) Approved 10/09/2001 9 NON Approved 06/09/2009 CUP (Small Engine Repair) Approved 10 06/09/2009 SVR Approved 01/22/2002 11 CUP (Child Care Education Center) Approved 05/23/2006 12 REZ (AG-2 and R-10 Residential to R-7.5 Residential)Approved 02/10/2004 13 CUP (Church) Approved 09/10/2002 CUP (Motor Vehicle Rentals) Approved 09/25/2001 CUP (Indoor Recreation Facility) Approved 14 02/13/1996 CUP (Church) Approved 05/11/1993 CUP (Bulk Storage Yard) Approved 10/10/1992 Dam Neck Associates, LLC Agenda Items 3 & 4 page 4 of 38 Request Map Key `> �z L'` S,KURA�N ���,� —.T No. e 15 CUP(Fuel Sales in Conjunction with a •G2 e� P' Convenience Store) Approved 09/25/2001 _ CUP(Retirement Community) Approved m8 • 03/24/2001 16 MDC Approved 03/24/1998 ti 6 REZ (AG-2 to R-6 Residential)Approved & R,0 07/13/1987 - `� 17 CRZ (AG-2 to Conditional A-12 Apartment) 1��AG2� �4 R[J 1�/, 4 Approved 11/14/1995 6 A,2 18 REZ (AG-2 to R-6 Residential)Approved "G2 ��V�SLI 7 .. 6Z' A 12/16/1985 19 REZ (AG-2 to R-6 Residential)Approved 12/16/1985 Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON:Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • . • In Staff's opinion,these requests for a Conditional Rezoning to rezone approximately 53.7 acres from A-18 Apartment District & B-2 Community Business to Conditional B-4 Mixed-Use Business District and a Modification of Proffers are acceptable.These requests are in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.The Comprehensive Plan recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability of developments to maintain and enhance existing neighborhoods, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability.The Comprehensive Plan Policy Document also states that residential areas in the Suburban Area should provide "site and building design that is visually interesting, encourages greater social interaction and provides memorable character", a "a careful mix of land uses", and compatible infill development. In Staff's view, the proposed mixed-use development aligns with these policy guidelines, as it effectively minimizes parking visibility along streetscapes, emphasizes buildings along major roadways with internal connectors, includes a BMP to the north with walking paths for residents and guests, provides internal pedestrian connections between residential and commercial areas, and offers potential pedestrian connection to Red Wing Park to the north. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the number of parking spaces minimally required. Section Dam Neck Associates, LLC Agenda Items 3 &4 page 5 of 38 203(b)(11)grants the Zoning Administrator the authority to determine the final parking ratio for a development based on the review of a parking study. Staff has determined that, based on the Zoning Ordinance and the previously approved parking reduction for Phase I,the required parking for Phase 2 of the development is 1,638 spaces. As noted on the proffered Conceptual Site Plan, 1,419 spaces are provided, resulting in a reduction of about 13.4%. In Staff's view, this percentage aligns with other parking reduction requests previously approved by the Department of Planning & Community Development. As specific tenants or uses are identified for the development, the Department of Planning & Community Development must be notified and reserves the right to assess any potential impacts on the approval. Furthermore, as stated in the parking study determination letter, any significant changes to the development plan or the allocation of space for each use category will void the current parking study approval, necessitating the submission of a new parking study for review. More detailed information can be found in the Parking Study Determination Letter found on page 27 [strikethrough] 26 [end strikethrough] of this report. As noted above, the applicant seeks to develop buildings up to 75 feet in height when located within 100 feet of the A-18 Apartment District. While the required height within 100 feet of the A-18 Apartment District is 35 feet, the applicant is requesting a deviation to this requirement through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view, the proposed building height deviation will not result in any detrimental effects to the surrounding properties or negatively impact the aesthetics of the area.The property is surrounded by a City Park to the north, a retirement community to the east with several high-rise buildings that are approximately 80 feet in height, a school to the south across Dam Neck Road, and commercially zoned property to the west. Additionally, since the A-18 portion is Phase I of the overall development, the requested deviation will allow for better integration between the two phases that will contribute to a more cohesive development. The applicant submitted a Traffic Impact Analysis (TIA), dated August 2024, revised December 2024 [strikethrough] N9YeF l3eF 2 [end strikethrough] for review. It is the opinion of Staff that the traffic generated by this mixed-use development and 314 multi-family units within Phase I will result in a total of 16,773 average daily trips.All requirements outlined in the Manual on Uniform Traffic Control Devices(MUTCD)for signalization, signing, and pavement markings must be met prior to the City's acceptance of the entrance designs. These requirements will be reviewed during the site plan review process.As indicated on the proffered Conceptual Site Plan, the centerline radius of the curve in Dam Neck Station Road shall be 200 feet, as specified by VDOT for a local urban roadway with no superelevation. Additionally, as outlined in Proffer 8, the property may be developed in multiple phases. For each phase, an updated traffic analysis will be submitted to the Department of Public Works/Traffic Engineering as part of the site plan review. All required improvements identified in the updated traffic analysis will require approval from the Department of Planning and Community Development in consultation with the Department of Public Works/Traffic Engineering. Said improvements, including the remainder of the proposed Dam Neck Station Road extension(connecting General Booth Boulevard to Dam Neck Road) and improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections, which are described in the TIA dated August 2024, shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development. Dam Neck Associates, LLC Agenda Items 3 &4 page 6 of 38 Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment will be within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the school population. A Joint City-Navy Review Process Group (JRP) meeting was held on July 30, 2024, to discuss the mixed-use development proposal. Under Section 1804(e)(2)(iii) of the Zoning Ordinance, City Council may consider applications or modifications that allow previously approved dwelling units to be changed in form or relocated on contiguous properties. In 1994, 612 units were approved for the overall development, with a 2022 modification allowing for the development of 314 units on the eastern portion of the site. As a result, 298 units remain to be developed. However, pursuant to Section 1804(e)(2)(iii), any affected or changed dwelling units are subject to a 5% reduction, thereby reducing the Phase 2 development from 298 units to 283 units. The Joint Review Process Group determined that, based on the criteria for discretionary proposals, a residential density of 5.27 units per acre (283 units) is the highest acceptable density for Phase 2, consistent with the provisions of Section 1804(e)(2)(iii) of the Zoning Ordinance. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout and circulation. Further review will be conducted during the final site plan review process. The proffered Conceptual Site Plan shows a large stormwater retention pond on the northern side of the development. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for this site. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations, Staff recommends approval of these applications, subject to the proffers provided. Proffers (CRZ) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM Conceptual Development Plan", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Dam Neck Associates, LLC Agenda Items 3 &4 page 7 of 38 Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group(the "Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property,when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance, and the proposed 283 units reflects the five percent (5%) reduction required by Section 1804(e)(2)(ii). Proffers A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review(with the approval of the Director of the Department of Parks and Recreation),subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet(100')of the adjacent A-18 zoning lot(to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b)of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Dam Neck Associates, LLC Agenda Items 3 &4 page 8 of 38 Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a)the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or (b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Proffers D . The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 A portion of the Property is hereby removed from the definition of"Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." Dam Neck Associates, LLC Agenda Items 3 &4 page 9 of 38 Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Proffers (MD ' from 2022) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." Proffer 2 Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. Proffer 3 Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet (75'), in lieu of the thirty-five feet (35') otherwise required under Section 604(a) of the Zoning Ordinance." Dam Neck Associates, LLC Agenda Items 3 &4 page 10 of 38 Proffer 4 Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." Proffer 5 Proffer Number 13 is hereby added to the Original Proffers, and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as 'Phase 2' on the Concept Plan." Proffer 6 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Approved Proffers of 1994 Rezoning The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular, pedestrian and bike access, circulation, parking, landscaping, best management practices, as landscape features, and recreational amenities to better foster a sense of community. Proffer 2 Vehicular Ingress and Egress shall be limited to two (2) entrances from Dam Neck Station Road and one (1) existing entrance from Dam Neck Road. Proffer 3 A Community Building, including rental and maintenance offices, a recreational swimming pool serving the residents and child play areas (tot lots) shall be constructed in the areas depicted on the Conceptual Site Plan. Dam Neck Associates, LLC Agenda Items 3 &4 page 11 of 38 Proffer 4 A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed around the perimeter of the lake, with the path being connected to the jogging/bike path along Dam Neck Road. Proffer 5 A multi-purpose path and foot bridge shall be constructed across the natural area to Redwing Park as depicted on the Conceptual Site Plan, if all necessary permits are approved. Proffer 5 Sidewalks shall be constructed along the internal collector streets and shall connect with those along Dam Neck Station Road and Dam Neck Road. Proffer 7 All landscaping along Dam Neck Station Road and Dam Neck Road as depicted on the Conceptual site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. Proffer B Gateway treatments shall be constructed at one entrance from Dam Neck Station Road and entrance from Dam Neck Road, with monument style signage externally illuminated from ground level. Proffer 9 Two (2) multi-purpose green spaces shall be located adjacent to the Community Building as depicted on the Conceptual Site Plan and all areas designated as floodway or non-tidal wetlands shall be preserved for passive recreational uses. Proffer 10 The buildings shall be a mix of two (2) story, three (3) story and combination two (2) and three (3) story elements. Those buildings located adjacent to Dam Neck Road and Dam Neck Station Road shall contain a combination of two (2) and three (3) story elements, with the two (2) story elements located at the ends of the buildings. Proffer 11 Exterior surfaces of all buildings shall be in an earth tone color. On those structures located along Dam Neck Road and Dam Neck Station Road, no more than thirty percent (30%) of the exterior building material (excluding roofing) may be vinyl. Proffer 12 The total number of living units permitted to be constructed on the Property shall not exceed six hundred and twelve (612). Dam Neck Associates, LLC Agenda Items 3 & 4 page 12 of 38 Comprehensive Information The project falls within the Suburban Area, as designated by the Comprehensive Plan. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks residential uses to maintain and create neighborhood stability by developing cohesively arranged structures and streetscapes (p. 1-60). Based on the Comprehensive Plan Policy Document it states that residential areas in the Suburban Area should provide "site and building design that is visually interesting, encourages greater social interaction and provides memorable character", a "a careful mix of land uses", and compatible infill development (p. 1-61). Based on the Reference Handbook, this project does well in keeping the parking away from streetscapes with highlighting more buildings on major roadways and the internal connectors (p. B-6). The project also is utilizing the BMP on the north edge of the site as an amenity by adding walking paths which is aligned with the guidelines identified in the Handbook (p. B-7). In addition, the proposed internal pedestrian connections between residential and commercial areas, aide in decreasing the need for auto use within the site (p. B-6). ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed in detail below. The property abuts Redwing Lake and Red Wing Park to the north and is impacted by wetlands and floodplains. Pedestrian pathways are proposed to connect the development to Red Wing Park. All apartments and buildings are proposed outside of the Southern Watersheds buffer and floodplain areas. There are no known cultural resources on this site. Traffic Impacts/Transportation Traffic Counts Present Present Street Name Generated Traffic Volume Capacity Dam Neck Road 31,400 ADT1 39,700 ADT 1 Existing Land Use—0 ADT (based on vacant site) (LOS 4 "D") Existing Zoning z—33,660 ADT General Booth 50,900 ADT1 49,300 ADT 1 Proposed Land Use—2,088 ADT (314 multi-family Boulevard 4 „ units— Phase 1) (LOS D ) Proposed Land Use 3- 16,773 ADT 1 Average Daily Trips 'As defined by a 612 'As defined by 597 Office Space - Phase I multi-family units and multi-family units, & Phase II 53.7-acre zoned B-2 187,800 SF retail 'LOS = Level of space, & 180,000 SF Service Dam Neck Associates, LLC Agenda Items 3 & 4 page 13 of 38 Master Transportation Plan(MTP)and Capital Improvement Program(CIP) General Booth Boulevard, in the vicinity of this application, is considered a six-lane major suburban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way. Dam Neck Road, in the vicinity of the site, is a four-lane divided major suburban arterial. There is a fully funded CIP project scheduled for the General Booth Boulevard/Dam Neck Road intersection. This intersection improvement project will modify existing turn lane configurations to provide an additional left turn lane to southbound General Booth Blvd, and the existing channelizing island will be removed and an existing through lane will be converted to a second right turn lane to westbound Dam Neck Rd. Project improvements also include signal modifications, removing the existing channelizing right turn island, and extending the pedestrian crosswalk. This CIP project is scheduled to be in construction from August 2027 to August 2029. The proposed alignment of Dam Neck Station Road, which is shown on the MTP as a four-lane minor arterial roadway, runs through the proposed development site and this roadway was intended to act as a quadrant roadway, that would reduce traffic at the General Booth Boulevard/Dam Neck Road intersection. Over the years, the City has waited for this roadway to be built with the development of this site, but as of 2022, no plans had been approved for the development of the site. At this point the City developed a VDOT grant proposal for an intersection improvement project to add capacity to the Dam Neck Road/General Booth Boulevard intersection and funding was awarded to the City for design and construction in 2023. The improvement of the intersection will eliminate the City's need for the use of Dam Neck Station Road, and thus the Dam Neck Station Road project will be removed from the Master Transportation Plan with the 2025 update to the Comprehensive Plan. The road that is proposed to be built with this development on the Dam Neck Station Road alignment will therefore only need to serve the proposed uses that are either by-right or as approved in this Condition Rezoning application request. Traffic Engineering has reviewed the Traffic Impact Study (TIS), which was resubmitted to the City on December 8th, for The Farm proposed development and we have conditionally approved the findings of the TIS. We will be providing separate comments to the Consultant to address for final approval, but these comments will not have a significant impact on the results of the study. A summary of the improvements proposed with the full buildout of the site included with the TIS is included on page 31 of this report. There are no improvements recommended for Phase 12027 (314 apartments) of the development, except for the construction of the emergency access point on the north side of the Dam Neck Road/Upton Drive intersection. Phase 1 can be served via the existing full movement access point on Dam Neck Road to the east of Upton Drive. With the full buildout of the Farm development and the construction of all of the required roadway improvements as detailed on page 31, the Dam Neck Station Road signalized intersections at General Booth Boulevard and Dam Neck Road/Upton Drive will operate at acceptable levels of service. The General Booth Boulevard/Dam Neck Road signalized intersection, which will be improved with a City roadway improvement project beginning in 2027, will continue to operate at a Level of Service "D" in the AM peak hour and a Level of Service "E" in the PM peak hour. The TIS shows that the Farm generated traffic in this intersection will result in a 10 second increase in delay per vehicle in the PM peak hour. While that is a significant increase in delay, it is Dam Neck Associates, LLC Agenda Items 3 & 4 page 14 of 38 important to note that the by-right development of this site could result in even more traffic at this intersection. Active Transportation Plan The Active Transportation Plan recommends constructing a shared-use path along both sides of Dam Neck Station Road for improved interconnectivity, as well as upgrading the sidewalk on Dam Neck Road to a shared- use path. While the 2021 Active Transportation Plan proposes a side path along Dam Neck Road as the preferred bike-pedestrian facility, a shared-use path is preferred for this development due to its proximity to residential neighborhoods, Dam Neck Annex, commercial development, Ocean Lakes Elementary School, and Kiddie Academy. ImpactsPublic Utility Water There is an existing eight-inch City water main along Dam Neck Station Road and a 12-inch City water main along Dam Neck Road. The site must connect to City water. Residential and commercial uses must be metered separately. Sewer There is an existing eight-inch City sanitary sewer gravity main along Dam Neck Station Road and an existing 16-inch City sanitary sewer gravity main/study at the intersection of Dam Neck Road and Upton Drive. This site must connect to city sanitary sewer. Extension of public gravity sanitary sewer from Upton Drive and connection to the existing public sanitary sewer in Dam Neck Station Road will be required with this development, as was planned, and bonded to permit the 1987 subdivision and associated agreement. If the project will be constructed in phases, the extension of public sanitary sewer can be installed to the limits of the road extension for Phase I with full extension and connection to the existing upstream public sanitary sewer in Phase II. After connecting the upstream public sanitary sewer, the existing temporary private pump station must also be abandoned. School • . School Current Enrollment Capacity Generation 1 Change ' Ocean Lakes Elementary 553 students 615 students 68 students 68 students Corporate Landing Middle 1,035 students 1,082 students 26 students 26 students Ocean Lakes High 1,791 students 2,248 students 31 students 31 students "'Generation"represents the number of students that the development will add to the school. "'change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a mixed-use development on vacant land at the corner of Dam Neck Road and General Booth Boulevard. The eastern portion of the site (Phase 1) will include a multi-family Dam Neck Associates, LLC Agenda Items 3 & 4 page 15 of 38 community with clubhouse and recreational amenities. The western portion of the site (Phase 2) will include commercial, office, recreational, and residential uses. Stormwater runoff from the site currently drains to the existing creek on the north and east sides of the property. Stormwater runoff from the Phase I improvements will be collected into an underground detention stormwater management facility and wet pond that will treat for both water quality and water quantity before discharging offsite into an existing drainage ditch. The wet pond will be enlarged to accommodate the stormwater runoff from the Phase II development. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis, the DSC agrees that the proposed conceptual Stormwater management strategy can successfully comply with all stormwater regulations. Final design and detailed updates will be made during site plan submittal to ensure conformance with requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 71.2 acres (Phase I = 17.5 acres, Phase II = 53.7 acres) Pre-Development impervious area: Phase 1 = 0 acres, Phase II = 2.2 acres Post-Development impervious area: Phase 1 = 8.7 acres, Phase II = 25.2 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Pond and Underground Detention Description of outfall: Stormwater runoff from the site that enters into the wet pond and underground detention facility will discharge directly into an existing large drainage ditch that runs along the northern and eastern boundary of the property. Downstream conveyance path: This site is part of the Dam Neck Drainage Basin. Drainage from this site drains into Redwing Lake, through Ashville Bridge Creek, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Outreach Information Planning Commission • The applicant and the applicant's representative met with the Atlantic Shores Retirement Community on August 28, 2024, to discuss the details of the request and to answer questions. According to the applicant, no major objections were raised in regard to the proposed development. The applicant also met with Wellington at Dam Neck Condominium Association on November 13, 2024, to discuss the details of the proposal. Six individuals were in attendance with no major objections raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 11, 2024. Dam Neck Associates, LLC Agenda Items 3 & 4 page 16 of 38 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 27, 2024 and December 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on December 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 18, 2025 and February 25, 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 17, 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 28, 2025. Dam Neck Associates, LLC Agenda Items 3 & 4 page 17 of 38 SITE DAU: Kam. • TOTA.AREA 537-!AC EXISTING ZONING A-'.81&2 3 n:AR-NE•;LS PROPOSEOZONING 84CGNDTTONA. MULTI.f�MRY U'NiTS 2t,R @COMMERCIAL/RETAIL • COMMERCWlRETN- 1N.7WSF�/- y OFFICE ISCMSP.1. ru L i+Ea<'. �MII�PUSE r r PARKING PR(.'4ID'.D 1,410 '.'_ ',�'� , (0OFFICE oq Acts ®AMENITY L0..�'I:VeMt TSNSL'MO�T-LP I-ncuw.•AeM+K NI:./tF wA.Ktw:c•Lu @ DAM NECK STATION RD.(P4HUf,R OW) .: A;nkti[MFJuOlF.k�.l�.H.lr X4 F1d eACW(n TbU4s IK.'li'W. „ - f WALKING 7RA3 • :xaF�sera[bN•wewluA 1.Am ,-Lit s ki STORNWATJi MANAGEMENT w.7rt 1xl.sCvnK1. r.Ib.A w - " T_._*1 b 0SUR.ACE RURING E r k_., +r�au r„ ,.,` f. �... ` ...`.. " _. d. '.A Jaw' ,n ,�». .. +�•G ,A_::N'+�=E Vn•N lAwht ..Nf I M1 m rx ISA ' A, ..1 l � 8 t 0 e ., .f iJl(ii tom+-I j .-...,. D r •r jr rr LA `vild x+ate. z , a ID D Ln Ln a.aab.F THE FARM ,�n 'L' 0 3 4'* Conceptual Development Plan-June 3,2024 n TIMMONS GROUP 00 LA (p O W N W � T- 00 4�- r) L - • VA BEACH LANDSCAPE REQUIREMENTS CONCEPT PLANT SCHEDULE PAIKING LOT INTERIPT CALQ.LATCNS DJARAM/i0 aw_A PE9 Pd.Qr,h'G.iPAfi REIXARfO �h � • eruRF rRas • FAIOW LOT Rf-RRNCCARAG=REW RED./23705F t SF R 11'P PARKING WFSI � � '„` .r�wwnw..,�•I.....u...0 P0,ING LOT Wi RORCOVERAGE P"DED 6230 SF . i 3"Rcf RNNT iCF6 PARiIHrIG`TRl"ERIOR'RFE OIJAN',TY IirGIJIRED.21/TRFfS N2,57D 5f COVERAGE ffD."SJ SF"A-FD AREA: ••'•""•"^""^.."�•".'^ t. PARlING LOT MI'ERIOR TREE GIAM'.TY PPOYIDED 2R:TRH$ � � • • ipRF111px3(RPIUBENIMafi MTV .wTr.w...w...r • f• "q y� �Y _� "� .yt, f Aye. �bp K 5` • i ' P P4 CU D THE FARM _ 1 •'' 'ti 0 rrD D r'. TIMMONS GROUP h Conceptual Landscape Plan-June 3.2024 0 rD 0 w '^ w Q° r-- 00 A n G. s SITE DATA SUGGESTED PLANT SPECIES ",KAOt3TK vnwnaaa'ues 9RRING IDi IIfERK7R fdL-'UUTKYlt SITE DATA oa n�nm I 175-KMTED AREA Kr MRRNG swt ROJ W, -.)TA AWA IYi -Ar Ell"I ZL') r Au •RMR;VG lO"R.iFAO4CC,'cPAG:4ECLMFD d56;Y" Fb S R R31 Raw.SPAM. 3 d - OfA.A-f !IA Nl Ad n grRY'loVplf�F .MfilIVG lC"T1ER Oi C(TriAGF v4iR,DD.II,aLSF iARR nf.511RiM6W d)d WxMWAY[tRW YARR nf: ltp RtOJ�t-J dl' tGJgMw.imbRW YMY6JM IAPR�`tlIC`�AIFPO4 fR-G,dNfllYfAplRiD • varc-nGNOv1;W 531« gEgPgu�rYCR-dwc4us 05,110V:cMR LKaiISMRLMEIDARAI .dnl.dcuxxwod.uma.ww MkIVG LC'h TEA Di WE CLANTITY'f AND:t_G uvR.als.r..xs�IRnR�iNIY L'JI l4bENKEY-MYdRY MIX LCTC'R`AP"A-'OM 5Z. .R.w nR�'^J[x1LEVl[ WlJU1dp �, .. a� ti�.A ♦( .: ' d 1` R dt_ � b t Q d� r, r 1 ,f N >; /� , ��• U*'i WC+dID(��NrL7�Lg�Q�7C _ 1 �^ - ! .. i ,L11 0 Art At' D Ln _._.. v Ln THE FARM N 3 o LA m CONCEPTUAL SITE PLAN-June 3,2024 TIMMONS GROUP o LQ ^ wQ° r 00 41. n O O (D •1 1 11 � 1■ � u 1 t -�i�,t•°4.�lt N N ■ »u.&f•".-.•. i iGi..rr• . ■ ra•y�.: tl .n.n•...�ii�ii:. 1 ■ . ..1�. �Ci .� u■ ■ rrY•rr 11 I J;gllllr.11,11, 111 ■ t111W L:11111- I 1 ■ IIIIIII um• N 1111111 1111 � iu lr ulll� r i uu! -.11■■ 11■ II rn un Ieal lil Im :: In In — , nlllll u11111 iltllN LUNI IIIIIII '.�11111 nnl rT1 I I . tlll UII 1■/1 11 ll:..l� 1 r�i inn P"' I"_ I CZ, rl ti• II 0 BUILDING B-2 CONCEPTUAL STREET SIDE ELEVATION i : 11 II . H If r� 11 IY II 11 r it II ■ O f r ®rlii 1 11 it 10 Y caiiCi�ii��iui�l ■ N N li— �-- f r N u r ■ -• i•-• i I�I�rTili�il�i 1■Y ■�Gi a—.• i N N irG,'I�ii ITiili N N i-•-• 4�—; �iliiadN ■ •� ■Illl ilal 7:'.! Ill! ,, ■sill! IIl.! e ■II!1 r111I, N III !! 1 11 �.. ,wl �fli' l,:•.- 11 9l�1 .. �we r1 a T9 a rr (n a • 11111 p .. ■ li'', 1�I■�r ■: Y ■ 1 lil rr •Y 1�p,� Y■ � BUILDING B-2 i; ilii �t` : _�Q�s��l�e�f�' II' 'Q�.'��■. &+.:.'I%l,�t `.�ip'f'iirii 'u3111�t �$�.��.11, i� � ���� CONCEPTUAL • ■ 11 11 • p 1 ■ 11 N r m IIII 1, n: nIr :a a 1 (••;� ue n � � p 11 uj BUILDING B-2 CONCEPTUAL PKG LOT ELEVATION BUILDING B-2 CONCEPTUAL TYP.END ELEVATION BUILDING B-2 CONCEPTUAL ENTRY ROAD ELEVATION Lu •• 111 ■ 1111111 111:1 Ill:t A • if t 11 1R •�u .--C ::::1 :1�• -: �.I,Jt I�i : a ,,1 - �I:nliill I ■gt�4N"�'� ��L : ::: l . . LL ■ , :: IIII 1111111. 11111, Iln Inl Y. ■111■1 „ 11111111 L,:m uu yp 111111r 11 ■ ie -11 1 1 I'D � .. =R ;ram t = <,:, z - -0 CL > BUILDING C-2 CONCEPTUAL TYPICAL ELEVATION BUILDING C-2 CONCEPTUAL TYPICAL END ELEVATION • Ln 0 / 1 TOTALARfA 637.;.AC 'I a I aC ELDPABLE AREA Q 2 4-ACfi� ¢• / A A-16 TO RENAH 314 UWTS i I r may( a i 4 OEVELDENSM 7 U LVA Ac 1 f � Ij lil il�i t,ll/(� I A III iIJ+{ , o �J� I �mbb� - DfNSI II7�IIkA �j TOTAL AREA:71.2♦1-AC / TOTAL DEVELOPABLE AREA 90 4.I-AC Z / D / Di `^ N THE FARM N (D Conceptual Development Plan-June 27,2024 TIMMONS GROUP 0 w A w Q° r— 00 .4. 17 fD Residential Signage Character Imagery (Phase 1 Apartments Only) .,MWSIJOPPING •-- ,z:;w. CEIMA. • '�j Al LA twent- S v i • R , M ,ia�; W w4�o vllr . 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W 1 O A X .a n m . C N d � A T Ln � Dam Neck Associates, LLC Agenda Items 3 &4 page 26 of 38 Parking StudyDetermination CITY OF PLANNING&COMMUNITY DEVELOPMENT ZONING DIVISION V I RG I N I A pla n ninR.vi reinia bea ch.Qov - •� BEACH 2875 Sabre Street Suite#500 Virginia Beach,VA 23452-7365 November 14,2024 Robert P. Beaman III, Esq. Troutman pepper 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 Re: Parking Determination—The Farm at Dam Neck and General Booth, Phase 2 Mr. Beaman, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed development located at the intersection of Dam Neck Road and General Booth Boulevard, known as"The Farm."Section 203(b)(11)of the City Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio for a development upon review of a parking study. I have reviewed"The Farm Shared Parking Analysis," prepared by Timmons Group, dated November 3, 2024, and have approved the parking reduction as specified in the study. The submitted shared parking analysis is approved to allow for a total of 1,419 parking spaces for Phase 2 of the proposed development. The approval for Phase 2 is based on the development of 283 multi-family dwelling units, 187,000 square feet of commercial space, and 180,000 square feet of office space. The considerations used in my approval of the parking reduction are listed below. • A parking study was approved by the former Zoning Administrator, Hannah Sabo,for phase 1 of the development on July 15, 2022. The approved parking reduction was for 918 parking spaces to accommodate 612 dwelling units: a ratio of 1.5 spaces per unit. Since the approved parking reduction, the proposed development has been modified. Phase 1 of the development currently proposes 314 dwelling units, however, the parking ratio of 1.5 spaces per unit remains in effect. • Staff has determined that the parking required for Phase 2 of the development according to the Zoning Ordinance and prior approved parking reduction is 1,638 spaces Details of this determination are outlined below. 757-385-8548 1 KPKemp@vbgov.com N an n ina.virain iabeach.aov Dam Neck Associates, LLC Agenda Items 3 & 4 page 27 of 38 Parking StudyDetermination 0 344 parking spaces required for 283 multi-family dwelling units.The approved ratio in the previously approved parking study is 1.5 spaces per unit. There are 597 total dwelling units proposed,which would require 896 spaces. 552 spaces are included in Phase 1.The remaining spaces, 344, are required for Phase 2. c 748 parking spaces for 187,000 square feet of commercial space.The parking ratio for a shopping center is one space for every 250 feet of floor area. The commercial element of the development meets the definition of a shopping center in Section 111 of the Zoning Ordinance. o 546 parking spaces for 180,000 square feet of office space.The parking ratio for office space is one space for every 330 square feet of floor area • The parking study proposed 1,419 parking spaces for Phase 2 of the development. Based on the requirements of the Zoning Ordinance and prior approved parking studies,this is a 13.4 percent reduction from the required parking.This percentage is consistent with other parking reduction requests that have been approved by the Planning Department. • For the purposes of calculating the required parking in the Zoning Ordinance, restaurants and retail establishments(shopping center)both have a parking ratio of one space per 250 square feet. It is understood that restaurants may produce a higher parking demand than a typical retail establishment, as evidenced by a parking ratio of one space per 100 square feet for a stand-alone restaurant.As such,for the purposes of evaluating the parking demand based on the ITE Parking Generation Manual,51" Edition,this parking study separates restaurant use from retail use.As the restaurant use is a more intense parking demand, the size allocation for restaurants is intended to be the maximum that would be permitted in the development.The applicant notes that this is a conservative figure, and the actual square footage will likely be less. Details are shown below. o Total allotted commercial space is 187,000 square feet. o Total allotted retail space is 127,000 square feet. o Total allotted restaurant space is 60,000 square feet. • Review of the ITE Parking Demand tables(Tables 2 and 3 in the parking study) indicate that the reduced parking will be sufficient to accommodate the proposed uses. Details are shown below. 2875 Sabre Street,Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 &4 page 28 of 38 Parking StudyDetermination o Table Z Weekday ITE Parking Demand(*additional information provided by the Zoning Administrator) Use Size Spaces Residential total 597 units 783 spaces *Residential- Phase 2 only) *283 units *371 spaces Office 180,000 square feet 431 spaces Restaurant 60,000 square feet 539 spaces Retail 1 127,000 square feet 250 spaces Total 2,003 spaces ■ The residential parking demand above is calculated at 1.31 spaces per unit. Phase 1 of the development, which was previously approved, proposes 314 units. The remaining 283 units in Phase 2,when parked at a 1.31 ratio, has a demand of 371 spaces. Therefore, the total parking demand when considering only Phase 2 of the development is 1,591 spaces. ■ 1,419 spaces are proposed with Phase 2 of this development. Therefore, the overall reduction from the ITE generated parking demand for a weekday is 172 spaces, or 10.8 percent. c Table 3: Weekend ITE Parking Demand (*additional information provided by the Zoning Administrator) Use Size Spaces Residential 597 units 729 spaces *Residential- Phase 2 only) *283 units *346 spaces Office 180,000 square feet 51 spaces Restaurant 60,000 square feet 692 spaces Retail 1 127,000 square feet 372 s aces Total 1,844 space The residential parking demand above is calculated at 1.22 spaces per unit. Phase 1 of the development, which was previously approved, proposes 314 units. The remaining 283 units in Phase 2,when parked at a 1.22 ratio, has a demand of 346 spaces. • The total parking demand when considering only Phase 2 of the development is 1,461 spaces. • 1,419 spaces are proposed with Phase 2 of this development. Therefore, the overall reduction from the ITE generated parking demand for a weekend is 42 spaces, or 2.9 percent. 2875 Sabre Street,Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 & 4 page 29 of 38 Parking StudyDetermination • The ITE parking demands calculated in the tables above are based on the premise that each land use is operating independent of the others.Additionally, the overall demand assumes that each of the uses peak times occur concurrently. It is understood that the peak parking demands for specific uses will occur at different times/days throughout the week and weekend. Therefore, the actual parking demand at any one time will be less than the number of spaces shown above. By incorporating shared parking between the uses, the parking available after this reduction will accommodate the demand at any one time. The submitted parking shared parking analysis has been approved based on the identified areas dedicated to residential, retail, restaurant, and office uses.As specific uses/tenants are identified for the development,the Planning Department must be notified and reserves the ability to review any impact they may have on this approval. Specifically, if the area of restaurant use exceeds 60,000 square feet, a new parking study must be submitted to the Zoning Administrator for review. Based on the information provided in the submitted shared parking analysis, Phase 2 of The Farm development is approved for a parking reduction to 1,419 spaces to accommodate the multi-family, commercial, and office uses. Any significant changes to the development plan or areas of each use category specified in the study will void this approval, in which case a new parking study must be submitted for review. If I can be of further assistance, please contact me at(757)385-8548 or by email at kpkemp@vbgov.com. Sincerely, Kevin Kemp Zoning Administrator, City of Virginia Beach Cc: Marchelle Coleman,Planning Evaluation Coordinator Victoria Eisenberg, Deputy City Attorney Carrie Bookholt, Deputy Planning Director 2875 Sabre Street,Suite#500,Virginia Beach,Virginia 23452-7365 Dam Neck Associates, LLC Agenda Items 3 & 4 page 30 of 38 Summary ofImprovements Full Buildoutof The TIS for The Farm development includes the following proposed improvements at full buildout of the site,which will all be designed and installed by the developer: • General Booth Boulevard and Dam Neck Station Road o Install a conventional traffic signal o Protected only north and southbound left turns o Single northbound left-turn lane o Dual southbound left-turn lanes o Pedestrian accommodations (crosswalks and countdown heads) o With the improvements,the existing southbound merge lane on General Booth Boulevard will need to be removed. The outer through lane currently merges from approximately 350 feet north of Dam Neck Station Road and ends at the intersection with Dam Neck Station Road. • Dam Neck Station Road and West Hardee's Entrance o Close the existing median break to restrict the minor approaches to right-in/right-out operation. • Dam Neck Road and Upton Drive/Dam Neck Station Road Extended o Remove the gated entrance on Dam Neck Station Road and construct the southbound approach with one dedicated southbound left-turn lane,one dedicated through lane and one dedicated right-turn lane. o Restripe the northbound right only lane to a shared thru-right lane o Program the minor street approaches to operate under split phasing to reflect the additional intersection approach and optimize traffic timing splits to dedicate the maximum amount of green time available to the major street approaches while also providing adequate green time to both minor street approaches to ensure all movements operate effectively. o Modify the existing traffic signal to accommodate the improvements and upgrade the signal to include an eastbound right turn overlap, video detection,emergency pre- emption,and pedestrian improvements. • Construct the extension of Dam Neck Station Road as a five-lane section consisting of two ingress (northbound)and three egress (southbound) lanes between Dam Neck Road and the first access point (north of Buildings A and D on the conceptual plan). • Construct the extension of Dam Neck Station Road between the Phase 1 internal connection and the eastern Hardee's Entrance(approximately 1,400 feet) with the following: o A two-lane section consisting of one travel lane in each direction o Left turn lanes at major intersections o On-street parking on one or both sides o Sidewalks on both sides of the street o Pedestrian crosswalks at all intersections Dam Neck Associates, LLC Agenda Items 3 &4 page 31 of 38 Site • • 4 Dam Neck Associates, LLC Agenda Items 3 &4 page 32 of 38 Site • • nm w 2 Dam Neck Associates, LLC Agenda Items 3 &4 page 33 of 38 Disclosure Disclosure Statement X City rvf.u�vii¢Bed Planning&Community Development y The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name DAM NECK ASSOCIATES,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Robert P.Beaman,III,Esq.-Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Members:Red Wing Associates,LLC;BA-GB,LLC • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) McLeskey,Gold Key PHR,Franklin Johnston Group Management&Development,LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. t"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,(if)a controlling owner in one entity is also a controlling owner in the other entity,or(fill there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Revised 11.09.2020 ,� _A 11 P a g e Dam Neck Associates, LLC Agenda Items 3 &4 page 34 of 38 Disclosure Disclosure Statement X Planning&Community a Development N_3 g Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes K No • If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? C! Yes ❑No • If yes,identify the company and individual providing the service. Divaris Real Estate-Gerald Divaris,CEO(for commercial leasing) 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?W Yes ❑ No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman LLP,Patrick Shuler,CPA; FORVIS 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?It Yes ❑No • If yes,identify the firm and individual providing the service. EDSA(Kona Gray&Craig Stoner),Cox Kliewer(Herb Shartle&Lawrence"Duff'Kliewer) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Dam Neck Associates, LLC Agenda Items 3 &4 page 35 of 38 Disclosure Disclosure Statement AN Cvy ofvn�fo� Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO . If yes,identify the firm and individual providing the service. Timmons Group—Mark Richardson,Principal&John Zaszewski,Group Leader 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Robert P.Beaman,III,Esq.-Troutman Pepper Hamilton Sanders LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. DAM NECK ASSOCIATES,LLC,a Virginia limited liability company Applicant Signa Robert M.Howard,Authorized Signatory of Red Wing Associates,LLC,Member of Dam Neck Associates,LLC Print Name and Title 5-31-24 Date Is the applicant also the owner of the subject property? N Yes ❑NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ applicationsthat pertains to the No changes as of Date 02/18/2025 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 l P a g e Dam Neck Associates, LLC Agenda Items 3 & 4 page 36 of 38 Disc-losure Addendum to Disclosure Statement Dam Neck Associates, LLC Members: BA-GB,LLC Red Wing Associates,LLC Officers: There are no officers in Dam Neck Associates,LLC. Dam Neck Associates,LLC is member-managed. Red Wing Associates,LLC is authorized to sign on behalf of Dam Neck Associates,LLC as a member-manager. Red Wing Associates, LLC Members: TFJG Red Wing,LLC Bruce L.Thompson Ruffin Dam Neck,LLC Hospitality Investment Associates—Dam Neck,LLC Officers: There are no officers in Red Wing Associates,LLC. The manager of Red Wing Associates,LLC is Professional Hospitality Resources,Inc. This is provided in the operating agreement for Red Wing Associates,LLC. Professional Hospitality Resources,Inc.,is a non- member manager. Bob Howard,as Chief Investment Officer of Professional Hospitality Resources,Inc., signs on behalf of Professional Hospitality Resources,Inc. Dam Neck Associates, LLC Agenda Items 3 &4 page 37 of 38 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Dam Neck Associates, LLC Agenda Items 3 & 4 page 38 of 38 DAM NECK ASSOCIATES,LLC,a Virginia limited liability company; TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT(this"Agreement"),made this 31"day of May,2024,by and between DAM NECK ASSOCIATES,LLC a Virginia limited liability company("Grantor",to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee",to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those certain parcels located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 2415-75-7941-0000 (portion), 2415-65-3990-0000, 2415-66- 5412-0000, and 2415-66-2427-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property");and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to the Grantee, so as to change the classification of the Property from A-18 and B-2 to Conditional B-4;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes,including mixed-use purposes,through zoning and other land development legislation;and WHEREAS,Grantor acknowledges that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-4 are needed to cope with the situation to which the Grantor's rezoning application gives rise;and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map,in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property,all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force GPIN Nos.2415-75-7941-0000(portion);2415-65-3990-0000;2415-66-5412-0000;2415-66-2427-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning,site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govem the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled"THE FARM Conceptual Development Plan",dated June 3,2024,and prepared by Timmons Group(the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled"THE FARM Conceptual Landscape Plan", dated June 3,2024,and prepared by Timmons Group(the"Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. 3. The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates,LLC,entitled"Mixed-Use Building Character Imagery",and dated May 29,2024(the"Conceptual Elevation"),a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. 4. The number of dwelling units developed on the Property,when developed,shall not exceed a total of two hundred eighty-three(283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance,and the proposed 283 units reflects the five percent(5%)reduction required by Section 1804(eX2Xii). 5. A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for 2 trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. 6. Buildings on the Property that are located within one hundred feet 000')of the adjacent A-18 zoning lot(to the east of the Property)will be permitted to be up to seventy-five feet(75')in height, in lieu of the thirty-five feet(35')otherwise permitted under Section 904(b)of the Zoning Ordinance. 7. Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance,those uses designated as compatible with the>75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either(a)as of the date of this Agreement,or(b)by subsequent amendment to Section 1804, shall be permitted on the Property. 8. The Property may be developed in one or more phase(s). During the site plan review for each phase of development,an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (as determined by the Planning Department in consultation with the Traffic Engineering Department based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a) the remainder of the proposed Dam Neck Station Road extension(connecting General Booth Boulevard to Dam Neck Road),substantially as shown on the Concept Plan,and/or(b)improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024(the"Traffic Study"). 9. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: Name: Robert and Title: Authorized Signatory of Red Wing Associates LLC,Member of Dam Neck Associates LLC STAMCOMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3 1"day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates, LLC, a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 311 day of May, 2024. C nI _! U Notary Public (SEAL) My Commission Expires: 8-31-2026 KELLYA. NORDHUE8 Registration Number: 7507965 NOTARY PUBLIC REGISTRATION#7507965 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08/31/2026 4 EXHIBIT A Legal Description Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as all or a portion of Parcel(s) 9, 11, 12 and 13 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #200408170129717, said area being more particularly described as follows: Commencing at the northwest comer of Parcel 2 as shown on the aforementioned plat, at the southeast intersection of General Booth Boulevard and Dam Neck Station Road, thence with the southerly line of said Dam Neck Station Road S67°22'35"E, a distance of 230.7l'to a point, said point marking the true point and place of BEGINNING, thence from said point of BEGINNING, in a northeasterly direction crossing said Dam Neck Station Road N22° 37' 13"E, a distance of 80.00'to a point marking the southeast corner of Parcel 1 and the western line of Parcel 12,thence with the eastern line of said Parcel 1 N22°41' 12"E,a distance of 328.46',thence turning and with the northerly line(s)of Parcel(s) 12, 13, 9 and 11 the following ten(10)courses: 1)N82°50' 16"E, a distance of 73.35',2)S88°59'44"E,a distance of 132.30',3)S881 49'44"E,a distance of 252.301 , 4) S830 14' 44"E, passing a point marking the northeast comer of Parcel 12, and the northwest comer of Parcel 13 at 1.37', for a total distance of 134.00', 5) N88° 40' 16"E, passing a point marking the northeast comer of Parcel 13 at 7.57',passing a point marking the northeast corner of Parcel 9 an additional 402.86' for a total distance of 491.90', 6) N880 45' 16"E, a distance of 308.30', 7) S750 19'44"E, a distance of 179.30', 8) S66° 59' 44"E, a distance of 282.20', 9) SW 59' 44"E, a distance of 298.90', 10) S80" 24' 44"E, a distance of 248.80' to a point, said point marking the northeast comer of the property herein described,thence turning and with the eastern line(s)of Parcel 11 the following two(02)courses: 1)S 10"36'44"E,a distance of 581.80',2)S08° 11'06"W, a distance of 462.04'to a point on the northerly right-of-way line of Dam Neck Road, thence turning westward following said northern line of Dam Neck Road N88° 52' 19"W, a distance of 83.00'to a point, said point marking the southeast comer of exception, thence turning and departing said Dam Neck Road and with the eastern line(s) of said exception the following fifty four (54) courses: 1) NO1°22'19"W, a distance of 38.00', 2) N06°52'19"W, a distance of 129.00', 3) N69°26'50"W, a distance of 20.84', 4) S78"07'58"W, a distance of 30.58', 5) N00039'58"W, a distance of 8.36', 6) N82°35'02"E, a distance of 20.30', 7) N62"03'04"E, a distance of 29.81 , 8) N06°25'38"W, a distance of 100.001, 9)N09°55'38"W, a distance of 15.811 , 10)N08°19'22"E, a distance of 32.48', 11)N36°40'38"W, a distance of 21.38', 12)N79°42'53"W, a distance of 35.00', 13)N12°17'07"E,a distance of 88.94', 14)N86126'06"E,a distance of 32.18', 15)N01-11'06"E,a distance of 165.00', 16)N17"03'54"W,a distance of 37.92', 17)N41°03'54"W, a distance of 40.79', 18) N49°18'54"W, a distance of 110.001, 19) N48°03'54"W, a distance of 145.00', 20) N70°03'54"W, a distance of 10.00' 21) S89°56'06"W, a distance of 17.50', 22) S87°41'06"W, a distance of 17.50', 23) S63°26'06"W, a distance of 51.34', 24) S59°59'47"W, a distance of 97.73',25)N85°06'40"W,a distance of 69.26', 26)N48°48'51"W,a distance of 55.37', 27)N05°56'49"E, a distance of 58.10',28)N07°29'25"W,passing the approximate AICUZ line at 20.111, for a total distance of 72.74', 29)N08°22'37"W, a distance of 42.00', 30)N87°40'23"W, a distance of 5.18', 31) S43°07'23"W, a distance of 70.50', 32)N72°22'37"W,a distance of 51.01', 33)N59°52'37"W,a distance of 15.00',34)N27°22'37"W, a distance of 20.00',35)N07037'23"E, 5 a distance of 8.011, 36)N76°07'23"E,a distance of 79.79',37)N50°5237"W,a distance of25.00', 38)N78°52'37"W,a distance of 15.00`, 39) S67007'23"W,a distance of 85.00',40) S63007'23"W, a distance of 55.00,41)S57°07'23"W,a distance of 35.00',42)S75°07'23"W,a distance of 35.00, 43) N88°52'37"W, a distance of 17.50', 44) S22° 37' 23"W, a distance of 202.50', 45) S67122' 37"E,a distance of 57.00',46)S22°37'23"W, a distance of 223.92',47)SOl°32' 15"W,a distance of 238.73', 48) S881 27' 45"E, a distance of 63.99', 49) SO1° 32' 15"W, a distance of 18.561, 50) N88°27'45"W,a distance of 152.11',51)SO 1°32' 15"W,a distance of 56.94', 52)S01°32' 15"W, a distance of 68.00', 53) S88° 27' 45"E, a distance of 71.46', 54) SO1° 32' 15"W, a distance of 104.41', to the aforesaid northerly right-of-way line of Dam Neck Road, said point marking the southwest corner of said exception, thence turning and following said Dam Neck Road the following thirteen (13) courses: 1) N84° 23' 47"W, a distance of 43.84, 2) N88° 52' 19"W, a distance of 300.00',3)N451 14'09"W, a distance of 59.41',said point marking the future southeast terminus of Dam Neck Station Road, 4) N880 52' 19"W, passing a point at 80.00' marking the eastern line of Parcel 9 fora total distance of 82.00', 5) SO1° 07' 4l"W, a distance of 11.00', 6) S47°29' 31"W, a distance of 59.41', 7)N88° 52' 19"W, a distance of 48.97' 8)N84°40'40"W a distance of 150.40' 9) N88° 52' 19"W, a distance of 150.001, 10) S84° 35' 29"W, a distance of 96.63', 11) N88° 52' 19"W, a distance of 84.00', 12) N84° 40' 40"W, a distance of 150.40', 13) N881 52' 19"W, a distance of 220.02' to a point marking the southwest corner of Parcel 9 and the southeast comer of Parcel 10,thence turning and departing said northerly right-of-way line of Dam Neck Road and along the western line(s)of said Parcel 9 the following eight(8)courses: 1)NOl° 08" 01"E, a distance of I I0.00'to a point of curvature,2)along a curve to the left having a radius of 45.00', arc length of 70.69', delta angle of 90100,00", chord bearing of N43° 51' 59"W, and a chord length of 63.64'to a point of tangency, 3)N88°51'59"W,a distance of 104.97'to a point of curvature 4) along a curve to the right having a radius of 154.00', arc length of 57.76', delta angle of 21°29'24",chord bearing of N78°07' 17"W,and a chord length of 57.42'to a point of tangency, 5) N67° 22' 35"W, a distance of 139.63', 6) N22° 37'25"E, a distance of 487.83' to a point, said point marking the northeast corner of Parcel 3A and the southeast comer of Parcel 2, 7)N16°20' 32"E, a distance of 130.55', 8)N22° 37' 25"E, a distance of 50.00' to a point, said point marking the northeast corner of Parcel 2, said point marking the true point and place of BEGINNING and containing 2,338,266 square feet or 53.679 acres,more or less. 6 DAM NECK ASSOCIATES,LLC,a Virginia limited liability company; TO(SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 31' day of May, 2024, between DAM NECK ASSOCIATES LLC, a Virginia limited liability company, ("Grantor", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS,Grantor is the owner of the real properly described on Exhibit A attached hereto (the"Property"),which is subject to certain recorded proffered covenants,restrictions,and conditions pursuant to the Agreement by and between Bel-Aire, Incorporated, a Virginia corporation and Grantee dated'March 25, 1994,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office")in Deed Book 3402 at Page 489, as amended by the Modification of Proffered Covenants, Restrictions and Conditions by and between Dam Neck Associates,LLC,a Virginia limited liability company and Grantee dated June 28,2022,and recorded in the Clerk's Office as Instrument Number 202203050886(the"Original Proffers'); and WHEREAS, in conjunction with the re-zoning of a portion of the Property to a separate zoning classification,Grantor desires to amend and modify certain of the covenants,restrictions, and conditions set forth in the Original Proffers as provided herein; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or 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 Prepared by and return to: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 GPIN: 2415-75-7941-0000 use of the Property, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. A portion of the Property is hereby removed from the definition of"Property"under the Original Proffers. Accordingly; the "Property"subject to the Original Proffers (as modified by this Agreement)shall be as described on Exhibit B attached hereto. 2. Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 2024, and prepared by Timmons Group(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference." 3. Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property,when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers)will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." 4. Proffers 2,5,and 13 of the Original Proffers are hereby deleted in their entirety. 5. Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." 6. Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." 7. Except as expressly modified by this Agreement,all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia,in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. Page 2 The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 GRANTOR DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: /� C Name: Robert M. Howard Title: Authorized Signatory of Red Wing Associates LLC.Member of Dam Neck Associates LLC STATE/COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 311 day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates, LLC,a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 3 l'day of May,2024. Notary Public (SEAL) My Commission Expires: 8-31-2026 Registration Number: 7507965 KELLYA. NORDHUES NOTARY PUBUC REGISTRATION#75079M FLAOMMONWEALTH OF VIRGIN COMMISSION EXPIRES 08/3mem Page 4 EXHIBIT A ALL THAT certain lot,pieces or parcels of land with the improvements thereon,situate,lying and being in the City of Virginia Beach, Virginia and designated as"PARCEL 1 I"on that certain plat entitled"SUBDIVISION OF PROPERTY OF BEL-AIRE,INCORPORATED(D.B.2420,P.460) AND KING'S WAY CORPORATION(D.B.2420,P. 577)VIRGINIA BEACH, VIRGINIA,% dated July 27,2004 which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 200408170129717. Page 5 EXHIBIT B Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as a portion of Parcel 11 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument#200408170129717, said area being more particularly described as follows: Commencing at the southeast comer of Parcel 9 and the southwest comer of Parcel 11 as shown on the aforementioned plat, thence following the northerly right-of-way line of Dam Neck Road the following four(4)courses: 1) S881 52' 19"E, a distance of 80.00',2)S45° 14'09"E, a distance of 59.41', 3) S88° 52' 19"E, a distance of 300.00', 4) S84° 23' 47"E, a distance of 43.84' to the southwest corner of the exception, said point being the true point and place of BEGINNING, thence departing said northerly right-of-way line of Dam Neck Road and following the perimeter of the exception, the following fifty four(54) courses: 1)NO1° 32' 15"E,a distance of 104.411,2) N88° 27' 45"W, a distance of 71.46', 3) N01° 32' 15"E, a distance of 68.00, 4) NOl° 32' 15"E, a distance of 56.94', 5) S88°27' 45"E, a distance of 152.11', 6)NO1° 32' 15"E, a distance of 18.56', 7)N881 27'45"W, a distance of 63.99', 8)NO]'32' 15"E, a distance of 238.73', 9)N22°37'23"E, a distance of 223.92', 10) N67° 22' 37"W, a distance of 57.00', 11)N22° 37' 23"E, a distance of 202.50', 12) S88°52'37"E, a distance of 17.50', 13) N75°07'23"E; a distance of 35.00', 14) N57107'23"E, a distance of 35.00', 15) N63°07'23"E, a distance of 55.001, 16) N67°07'23"E, a distance of 85.00', 17) S78°5237"E, a distance of 15.00', 18) S50°52'37"E, a distance of 25.001 , 19) S76°0723"W, a distance of 79.79', 20) S07°37'23"W, a distance of 8.01', 21) S27°22'37"E, a distance of 20.00', 22) S59°52'37"E, a distance of 15.00', 23) S72°2237"E, a distance of 51.01', 24) N43°07'23"E, a distance of 70.50', 25) S87140'23"E, a distance of 5.18', 26) S08°22'37"E, a distance of 42.00, 27) S07°29'25"E, passing the approximate AICUZ line at 52.63', for a total distance of 72.74', 28) S05°56'49"W, a distance of 58.10', 29) S48°48'51"E, a distance of 55.371 , 30) S85°06'40"E, a distance of 69.26', 31)N59°5947"E, a distance of 97.73, 32)N63026'06"E, a distance of 51.34', 33)N87°41'06"E, a distance of 17.50', 34)N89°56'06"E, a distance of 17.501 , 35) S70°03'54"E, a distance of 10.00'36) S48003'54"E, a distance of 145.00', 37) S49°18'54"E, a distance of 110.00', 38) 941°03'54"E, a distance of 40.79', 39) S 17°03'54"E, a distance of 37.921 , 40)SO1°11'06"W,a distance of 165.00,41)S86°26'06"W,a distance of32.18',42)S12°17'07'W, a distance of 88.94',43) S79°42'53"E, a distance of 35.00', 44) S36°40'38"E, a distance of 21.38', 45) S08019'22"W, a distance of 32.48', 46) S09°55'38"E, a distance of 15.811,47) S06°25'38"E, a distance of 100.00',48) S62°03'04"W,a distance of 29.81',49)S82035'02"W,a distance of 20.30', 50) S00°39'58"E, a distance of 8.36', 51) N78°07'58"E, a distance of 30.58', 52) S69°26'50"E, a distance of 20.84', 53) S06°52'19"E, a distance of 129.00', 54) SO1°22'19"E, a distance of 38.00' to a point, said point lying on the northerly right-of-way line of said Dam Neck Road, thence following ten(10)courses: 1)N88°52'19"W, a distance of 104.18',2)N87°34'40"W, a distance of 75.21', 3) N83°00'46"W, a distance of 150.62', 4) N87°35'09"W, a distance of 150.011, 5) N43°13'39"W, a distance of 57.18', 6) N88°13'44"W, a distance of 79.90', 7) SO1°08'22"W, a distance of 9.05', 8) S46°50'38"W, a distance of 58.85', 9) N87°34'48"W, a distance of 227.45', 10) N84°23'47"W, a distance of 107.21' to a point, said point being the true point and place of BEGINNING, and containing 761,938 square feet or 17.492 acres,more or less. Page 6 Virginia Beach Planning Commission December 11, 2024 Public Meeting Items 3 & 4 Dam Neck Associates, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right, thank you, Madam Clerk. So, that concludes our consent agenda. The staff you've been working with will let you know when it will be in front of City Council. Our next order of business is the regular agenda. Madam Clerk, can you call the first agenda item, please? Madam Clerk: Items 3 and 4, Dam Neck Associates, LLC. Mr. Plumlee: Mr. Chairman, I'm going to abstain also from this matter being heard today. Mr. Alcaraz: All right, thank you. Mr. Beaman: Thank you, Mr. Chair, Madam Vice Chair, members of the Commission. For the record, my name is Rob Beamen. I'm a Virginia Beach land use attorney with the Troutman Pepper Law Firm, here today on behalf of the applicant, Dam Neck Associates. Joining me this afternoon are a couple of representatives of Dam Neck Associates,including Brian Cuffee and Lee Wessonage. I first wanted to take a moment to thank Kathy,Marchelle,and the rest of the planning team for all their work on this application. They've been kind enough to meet with us and work with us over the last several months, and their feedback has made this a better application. We certainly appreciate that. The property that's the subject of this application is a 70-acre parcel located near the intersection of Dam Neck and General Booth. It was originally zoned by City Council in 1994, kid of split-zoned, the eastern half was zoned for multifamily residential development A-18, and the western half zoned B-2 for commercial development. That sort of stayed in place until 2022, where the applicant came in, ingested a modification to the eastern portion of the property to substitute a slightly different layout and different architectural elevations for the multifamily residential component, and that application was approved in 2022. So, as of today, what you see on the screen right now is what is approved for the property. The eastern part has a specific site plan for multifamily residential. The western portion is zoned B-2 without a specific site plan. Last year, the City Council, in consultation with the Navy, amended the zoning ordinance to permit previously approved dwelling units to be moved across parcel boundaries, as long as they don't go into a different noise classification, and so long as there is a 5% reduction applied to those units, and that is exactly why we're here today. The purpose of this application is primarily to take a portion of the units previously approved for the eastern part of the site and move those over to the currently B-2 zoned portion of the site, to create a more vibrant mixed-use development instead of having the uses bifurcated on different sides of the property. In addition, we will apply the required 5%reduction,which is required into the code,which mean the reduction in 15 total units from what is currently approved on the property. In filing this application,we've worked closely with city staff to sort of put some additional meat on the bone in terms of a site plan for the western portion of the property. As I mentioned,it is currently B-2 without a site plan. We have proposed a conceptual site plan showing a layout that shows a very high-quality development with key features that are consistent with the comprehensive plan, and sort of what the planning folks for in this type of development, including a very prominent main street running down the middle of the community with buildings pulled up to the street,not only on Dam Neck, but surrounding the main street as well. You see the parking is located in the central portions of this site to keep it all for rights of way, and screen it from view. We also have a great deal of amenity open space in the northern part of the property, and a tremendous amount of pedestrian connectivity not only through the property itself connecting the various parts of the property, but up into the amenity space surrounding the lake,and as was mentioned earlier,we have a proffered connection to Red Wing Park as well. So,we believe this is a very high-quality development. We are excited about the possibility of moving forward with this, and we certainly appreciate your consideration today, and our team will stand by for any questions. Mr.Alcaraz: No questions? All right. We'll call you up after, we have a couple of speakers, I think,on this one. All right, Madam Clerk, speaker? Madam Clerk:At this time,we only have one speaker,and that is George Sheffield in opposition. Mr.Alcaraz: They're Virtual? Madam Clerk: I have down that it is in person. Mr.Alcaraz: What was the name again? Madam Clerk: George Sheffield. Mr.Alcaraz: Mr. Sheffield here? Madam Clerk: Okay. And that's all I have. Mr.Alcaraz: All right. Any commissioners would like to ask the applicant any questions? You do? Can you come back up? Thank you. Mr. Anderson: Hey, Rob. There was a discussion about phasing and traffic. Do you have an idea of phase I with the apartments and the mixed-use timeline? It all depends on -- Mr.Beaman: —market forces,yes,sir. The phase I is actually moving forward in the short term. We have a site plan actually filed with the city for the 314 units that are part of phase I. You can see phase one is greyed out on this picture. That is part of the original approval that we're not proposing to change at all as part of this application. That's why the site plan is in for that, that hopefully will be developed. Construction commence within the next year or so. On the western part of the site,we just anticipate uses coming online gradually as market forces dictate. Mr.Anderson: So,phase II wouldn't be all the buildings, it would be upon? Mr.Beaman: Correct. Not all at once. Yes, sir. Mr. Anderson: And then, second real quick, we discussed, and I think, but I wanted to ask you about the traffic, the intersection at General Booth with a traffic light, and that is going to be installed there as well, correct? Mr.Beaman: That's exactly right. So,we worked closely with Rick's team over the last several months, and have prepared a traffic study, and have agreed on a series of improvements that will be necessary to accommodate the additional traffic which will be produced by this development, which will include traffic signals at Dam Neck Station Road, which is the spine road running through our site, and at General Booth, and then Dam Neck Station Road and Upton as well. Mr.Anderson: Okay. Mr.Alcaraz: Any other questions from the commissioners? All right. You can be seated for now. We'll close, and if there's any discussion amongst the commissioners? None. If not, I'll entertain a motion. Mr. Coston: I move that we approve this agenda item. Mr.Alcaraz: I have a motion by Mr. Coston. Second by Mr. Anderson. Any other discussion? Ms. Byler, go ahead. Ms.Byler: I would just like to thank Mr. Beamen for the presentation and all of the discussion and the work that staff did on this. I visited the site, I studied everything, I was concerned about parking, and my concerns have been allayed by the fact that every time they come in for the new expansions and for the commercial use,the traffic will have to be analysed again, and the parking will have to be analysed again. With that assurance, this application has my support. Mr.Alcaraz: All right, thank you. Any other comments? All right,Madam Clerk. Ms.Eisenberg: I believe there's an abstention on this application as well. Mr.Alcaraz: He did already. Thank you. Mr. Plumlee abstains. Madam Clerk:The vote is now open. By a vote of 9 to 0,with one abstention from Commissioner Plumlee,Dam Neck Associates, LLC, has been recommended for approval. Mr.Alcaraz: All right,thank you. Vote Tall AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Proffers (CRZ) Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM Conceptual Development Plan", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "THE FARM Conceptual Landscape Plan", dated June 3, 2024, and prepared by Timmons Group (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates, LLC, entitled "Mixed-Use Building Character Imagery", and dated May 29, 2024 (the "Conceptual Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. Proffer 4 The number of dwelling units developed on the Property, when developed, shall not exceed a total of two hundred eighty-three (283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance,and the proposed 283 units reflects the five percent(5%) reduction required by Section 1804(e)(2)(ii). Proffer 5 A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas, together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. Proffer 6 Buildings on the Property that are located within one hundred feet (100') of the adjacent A-18 zoning lot (to the east of the Property) will be permitted to be up to seventy-five feet (75') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 7 Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance, those uses designated as compatible with the >75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either (a) as of the date of this Agreement, or (b) by subsequent amendment to Section 1804, shall be permitted on the Property. Proffer 8 The Property may be developed in one or more phase(s). During the site plan review for each phase of development, an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a)the remainder of the proposed Dam Neck Station Road extension (connecting General Booth Boulevard to Dam Neck Road), substantially as shown on the Concept Plan, and/or (b) improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled "The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024 (the "Traffic Study"). Proffer 9 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffers (MDP) Proffer 1 A portion of the Property is hereby removed from the definition of "Property" under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers (as modified by this agreement) shall be as described on Exhibit B attached hereto. Proffer 2 Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 2024, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 3 Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property, when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." Proffer 4 Proffers 2, 5, and 13 of the Original Proffers are hereby deleted in their entirety. Proffer 5 Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." Proffer 6 Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. OR �� OR -/OR ` OR OR OR 10�h Scree OR OR -o �,• R5S R5S •• A18 OR OR .3 % X � 1 t Norfolk �. th Scree Cr. Avenue 9 --- RT3 1 OR OR cv R5SR^5S c� N Site Victoria Walsh W E Property Polygons 917 Pacific Avenue, Unit A S Zoning Building Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VICTORIA WALSH [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 917 Pacific Avenue, Unit A (GPIN 24272444111085). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 4, 2025 (Deferred at the February 4, 2025 CC Hearing) ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom unit of the Pacific Place Condominiums located at 917 Pacific Avenue, Unit A. A Notice of Violation was issued on October 3, 2024, for operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. The site is not currently advertised and the last known documented stay took place September 13, 2024. ■ Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 25 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received regarding this request. ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 917 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. Victoria Walsh 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 dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Victoria Walsh Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Victoria Walsh Page 4 of 4 a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant & Property Owner: Victoria Walsh Planning Commission • 2025 V_B' CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) � F,►TN S� Staff Recommendation ' ��TN St h n Approval s I Staff Planner "�;i"s Alexis Bailey ✓'KE DR i%uEY L PINEWOOD DR �4 Location at NORFOLK AVE5 •T 917 Pacific Avenue Unit A st"st a gtNS j GP/N P '`�53' � �sN•s 24272444111085 �Nu,►�E > .t V� P •t Site Size rm ME P� Z+ •µLEY ROB 34,984 square feet 9m GA N1GN p0%% AVE ST" A/CUZ tERRA`E�� 65-70 dB DNL; Sub-Area 1 Watershed - Atlantic Ocean +.W •M 1 Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort SurroundingLand Uses and Zoning Districts 9 North e Multi-family dwellings, commercial parking lot/OR Oceanfront Resort " , , �.r►,,� South ' 9t'' DRFO � Street R L KAVE �, - . Municipal Parking Garage/OR Oceanfront Resort +� ! East Atlantic Avenue Retail Shops/OR Oceanfront Resort West Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort Victoria Walsh Agenda Item 15 page 1 of 13 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 917 Pacific Avenue Unit A. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on November 26, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Pacific Avenue. • A Notice of Violation was issued on October 3, 2024, for operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of December 30, 2024: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 13, 2024 No Short Term Rentals in the Vicinity P1 \\y C1 'H'ST! �`� � V ym T(H'S 1 Short Term Rentals v STR Permits(66) Victoria Walsh Agenda Item 15 page 2 of 13 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Victoria Walsh Agenda Item 15 page 3 of 13 Zoning # Request OR CUP(Short Term Rental) Approved 12/10/2024 10�HST CUP(Short Term Rental) Approved 12/10/2024 CUP(Short Term Rental) Approved 07/09/2024 OR 2 CUP(Short Term Rental) Approved 06/04/2024 71 CUP(Short Term Rental) Approved 05/21/2024 Rss OR CUP (Short Term Rental) Approved 05/21/2024 CUP(Short Term Rental) Approved 03/19/2024 -- _ CUP (Short Term Rental) Approved 11/14/2023 etoS, CUP (Short Term Rental) Approved 09/19/2023 NORF°L`ave CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 \ OR CUP (Short Term Rental) Approved 07/11/2023 \ m 1 CUP (Short Term Rental)Approved 05/16/2023 CUP (Short Term Rental)Approved 05/16/2023 CUP (Short Term Rental)Approved 07/12/2022 Application Types CUP (Short Term Rental)Approved 04/05/2022 CUP: MDC:Modification of Conditional Conditions CUP(Short Term Rental)Approved 11/09/2021 CUP(Short Term Rental)Approved 11/09/2021 Use Permit MDP:Modification of Proffers REZ: NON:Nonconforming Use CUP(Short Term Rental)Approved 04/06/2021 CUP(Short Term Rental)Approved 03/02/2021 Rezoning STC:Street Closure CUP(Short Term Rental) Approved 10/20/2020 CRZ: FVR: Floodplain Variance CUP(Short Term Rental)Approved 08/25/2020 Conditional ALT Alternative Compliance Rezoning SVR:Subdivision Variance CUP(Short Term Rental)Approved 08/25/2020 LUP: Land Use Plan CUP(Short Term Rental)Approved 06/11/2020 STR:Short Term Rental CUP(Short Term Rental)Approved 02/04/2020 CUP(Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 2 CUP(Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 Victoria Walsh Agenda Item 15 page 4 of 13 Evaluation • • The applicant is requesting to operate a one-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 25 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. All requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Victoria Walsh Agenda Item 15 page 5 of 13 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 917 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Victoria Walsh Agenda Item 15 page 6 of 13 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate Victoria Walsh Agenda Item 15 page 7 of 13 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 notinIz concerns about prior operation of a Short Term Rental without a Conditional Use Permit. • 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 18, 2025 and February 25, 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 17, 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 28, 2025. Victoria Walsh Agenda Item 15 page 8 of 13 LayoutSite v x 0 ' NORFOLK pv E �. 1 Victoria Walsh Agenda Item 15 page 9 of 13 Site • • Oil E i t A14 u Victoria Walsh Agenda Item 15 page 10 of 13 DisclosureDisclosure Statement StatementV-6- VIRGINIA BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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. APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Victoria Walsh Is Applicant also the Owner of the subject property? YesQ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo@ if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoE) If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, O O Mortgage through PNC Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M ay-2024 page 1 of 3 Victoria Walsh Agenda Item 15 page 11 of 13 DISCLOSUREDisclosure Statement SECTION 1: APPLICANT -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that al!information contained in this Form is complete,true,and accurate.I understand that,. upon receipt of notification that the application has been scheduled for public hearing, !am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. l � 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,(li) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101, FOR CITY USE ONLY: No changes as of(date): 2/13/2025 Alexis Bailey 2/13/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Victoria Walsh Agenda Item 15 page 12 of 13 • • 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. Victoria Walsh Agenda Item 15 page 13 of 13 STIR VICINITY MAP VICTORIA WALSH �L ,y .. IN RFOLK-A-VI 1 61N� , _�: Short Term Rentals PC 0 STR Permits(66) Virginia Beach Planning Commission January 08, 2025 Public Meeting Item # 15 Victoria Walsh Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Item 15 is Victoria Walsh Conditional Use Permit for Short Term. Thank you. If you would state your name for the record please. Ms. Walsh: Victoria Walsh. Mr. Coston: Are the conditions acceptable to you? Ms.Walsh: Yes,they are. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Mauch to read this item also into the record. Mr. Mauch: The applicant is seeking a conditional use permit for a short term rental at 917 Unit A on Pacific Avenue. The same, it is in the same complex as the last. The applicant is requesting a two-bedroom short-term rental within the Pacific Place condominium. Short term rentals are prevalent on this property, and a total of 25 conditional use permits, now 26 for the operation of the short term rentals. For that reason, we chose to put it on the consent agenda. Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items 3, 6, 7, 8, 9, 12, 13, 14, 15, 17, and 18. Ms. Cuellar: Thank you. Do I have a motion to approve by consent, I have a motion to approve by consent as read by the vice chair. Mr. Parks: Yes, I move to approve with the exception that we modify the hours of operation on item number nine. Ms. Cuellar: Thank you, Commissioner Parks. Is there a second? Mr. Anderson: Second. Ms. Cuellar: Second by Commissioner Anderson. Are there any commissioners abstaining from the vote on the consent agenda? Hearing none, the motion for approval of the consent agenda is made by Commissioner Parks and seconded by Commissioner Anderson. The vote is now open. Ms. Clerk: By a recorded vote of 11 to 0. Items 3, 6, 7, 8, 9, 12, 13, 14, 15, 17,and 18 have been recommended for approval by consent. Ms. Cuellar: Thank you. This concludes the consent agenda portion of our agenda. If you've had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you very much for your participation. You're welcome to remain at the meeting, either virtually or in person, but you're also free to leave. 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. The following conditions shall only apply to the dwelling unit addressed as 917 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 Bvler;George Alcaraz; Bryan Plumlee; Susan B.Hiooen;William Parks;Michael C.Mauch;Holly Cuellar Cc: Kathy M.Warren;Alexis Bailey Subject: Opposition-STR:917-A Pacific Ave(PC 1/8/25) Date: Wednesday,January 8,2025 7:52:41 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: Please consider this email a letter of opposition to the owner or owners of 917-A Pacific Avenue (Pacific Place Condos)obtaining a CUP for the following reasons: 1. The owners(one is a realtor)appear to be creating a fiction for the Planning Dept.that they purchased this property as a 2nd home. In fact,they purchased THREE VB investment properties in 2020 and 2021 and this is just one of them (917-A Pacific Ave, 304 28th St. Unit 207,& 304 28th St. Unit 304). 2. The owners obtained a CUP for their investment property located at 304 28th St. #207 (Playa Rana Condos)which confirms they had prior knowledge of STR requirements. The owners then violated STR regulation and conditions set forth by Council at that Playa Rana STR. They a) did not renew their CUP and operated without a CUP for over 2 years(sold it in Oct. 2024); b)violated occupancy condition of only 2 overnight guests per bedroom; and c) violated length of stay condition so they had>1 rental every 7 consecutive days. The STR Dept was aware of these violations. 3. There is a discrepancy between property and zoning records with regard to who owns this property. It is unclear if Dominic Mason and Victoria Mason were divorced, but this CUP application lists Victoria Walsh(Mason)as the applicant and Dominic&Victoria Mason as owners of the property. Both of them reside in NOVA or DC so neither can respond to STR problems within an hour's time (also a discrepancy in property records and zoning records addresses). 4. The owners' Pacific Place Airbnb, "Cozy Retreat-1 BD Condo, I Block from Beach!," appears to have been removed after a STR complaint was filed in August,2024 but reviews from that listing confirmed the owners operated the STR on Pacific Avenue beginning in April, 2021 and were accepting reservations through Feb. 2025. It appears the owners only applied for a CUP because they got caught operating without one. Allowing the owners to obtain a CUP after knowingly operating this illegal STR for almost 4 years does not provide other STR owners,who adhere to STR regulations and pay the required fees and insurance, equal protection under the law. The owners should not be rewarded with a CUP when they circumvented regulations they were well aware of. It is a mystery why the Planning Dept.would endorse this application. 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. L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • DEVELOPMENT AUTHORITY • GREEN RIBBON COMMITTEE • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. 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 March 4, 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:02/18/2025 PAGE: 1 R 11 T N H C' L M H C - R A 11 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 I K D E N N I. CITY COUNCI IS BRIEFINGS ADD WINTER STORM KINGSTON David Topczynski, ON Director—Emergency Management A. GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Director B. OCEANFRONT FREE PARKING IMPACTS LJ Hansen,Public (Requested by Mayor Dyer and Vice Mayor Works—Director Wilson) I I. CITY MANAGER'S BRIEFINGS A. TRAFFIC ENFORCEMENT CAMERAS William Zelms,Deputy Chief-Police 111. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 1V.- CERTIFICATION OF CLOSED SESSION CERTIFIED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y VII. A-F G. MINUTES APPROVED I1-0 Y Y Y Y' Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS February 4,2025 2• FORMAL SESSION APPROVED 1 1-0 Y Y Y Y Y Y Y Y Y l' Y 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 NO SPEAKERS PRECINCT 0016 AND REQUEST A WAVIER TO ADMINISTER A SPLIT PRECINCT FOR 0069 2. FEDERAL AGENCY TO BE GRANTED A NO SPEAKERS LICENSE TO A PORTION OF CITY PROPERTY 4535 Commerce Street inside the telecommunications room and under the spire atop the Westin Tower K.1. Resolution to AUTHORIZE an Amendment to ADOPTED,BY 1 I-0 Y Y Y Y Y Y Y Y Y Y Y the Term Sheet re redevelopment of Pembroke CONSENT Mall J CITY OF VIRGINIA BEACH A K SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:02/18/2025 PAGE: 2 R U T N H JH "' L M H C - R A U M E H G E M R C I D N E R M M O C N Y L S E I O U AGENDA H G E E O E C N S ITEM# SUBJECT MOTION VOTE I S R Y N N K D E K.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 40.89+/-acres of property from the Frank S. CONSENT Fountain Revocable Trust re maintaining and preserving a forested natural area and wildlife habitat in the Southern Rivers Watershed region K.3. Resolution to REQUEST the Virginia ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Department of Transportation(VDOT)to CONSENT ACCEPT additional streets re Urban Maintenance Payments KA. Resolution to REQUEST the Virginia ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Department of Transportation(VDOT)to CONSENT ACCEPT corrections/deletions to the road inventory re Urban Maintenance Payments K.5. Ordinance to APPROPRIATE$80,000 of fund ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y N' balance from the Police Federal&State Seized CONSENT Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police equipment K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $43,097 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY2024-25 Human Services Operating Budget re support the substance use disorders program K.7. Ordinance to TRANSFER$40,000 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund Reserve to the FY2024-25 CONSENT 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 1 .1. 33`"STREET,LLC for a Street Closure re two APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y N' (2)contiguous air rights parcels above 33'"'/: CONDITIONED Street adjacent to 3300&3330 Pacific Avenue and 305 359'Street DISTRICT 6 L.2. 33°d STREET,LLC for a Special Exception for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Alternative Compliance re construct a senior CONDITIONED living facility at 3330 Pacific Avenue,3300 Pacific Avenue,305 33rd Street,property east of 3300 Pacific Avenue and property west of 305 33'd Street DISTRICT 6 L.3. EVERGREEN VIRGINIA,LLC/ APPROVED/ 10-0 Y Y Y A Y Y Y Y N' Y N' EVERGREEN VIRGINIA,LLC& MODIFIED/ WINNER'S PROPERTIES,LLC for a CONDITIONED,AS Modification of Conditions to a Conditional Use AMENDED Permit re expand existing dealership at 3700& 3736 Sentara Way DISTRICT 3 1-4. KNOSOS,LLC for a Conditional Change of APPROVED/AS 11-0 Y Y Y Y Y Y Y N' Y Y Y Zonin¢from AG-1 Agricultural to Conditional PROFFERED,BY R-7.5 Residential re develop an eight-lot CONSENT subdivision at a parcel south of 2832 Bald Eagle Road DISTRICT 2 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:02/18/2025 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 L.5. WESTVIEW PLAZA ASSOCIATES,LLC APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Change of Zoning from B-2 PROFFERED,BY Community Business to Conditional A-24 CONSENT 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 1-6. VIBE 19,LLC for a Conditional Use Permit re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y short term rental at 1907 Cypress Avenue, CONDITIONED,BY Units 101-109,200,&300 DISTRICT 6 CONSENT L.7. Ordinance to ADOPT and INCORPORATE ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y into the Virginia Beach Comprehensive Plan, CONSENT 2016 re the Urban Forest Management Plan, 2023,which will supersede the Urban Forest Management Plan,2014(Deferred indefinitely from November 12 2024 L. APPOINTMENTS RESCHEDULED B Y C O N S E N S l S ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY&MANAGEMENT TEAM DEVELOPMENT 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 PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE ADVERTISING ADVISORY COMMITTEE Reappointed: 9-0 Y Y Y A Y Y Y Y A Y Y Amy Frostick— Representing Shore Drive Corridor/ Bayfront Area Delceno Miles— Representing Citizen with Advertising/ Marketing Experience Charles Thornton— Representing Sports Industry 3 Year Term 4/1/2025-3/31/2028 BAYFRONT ADVISORY COMMISSION Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y John Maas Unexpired term thru 6/30/2027 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:02/18/2025 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 I N N JI BEACHES AND WATERWAYS ADVISORY Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y COMMISSION John O'Neal— Representing District Unexpired term thru 7/31/2026 Michael Hall— Representing District 10 3 Year Term 2/18/2025-1/31/2028 CLEAN COMMUNITY COMMISSION Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y Cristin Pullman Unexpired term thru 3/31/2027 Reappointed: Maury Hill 3 Year Term 4/1/2025-3/31/2028 COMMUNITY ORGANIZATION GRANT Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y REVIEW&ALLOCATION COMMITTEE Carol Hickman— Representing At Large Member Unexpired term thru 8/31/2025 +3 Year Term 9/1/2025—8/31/2028 DEVELOPMENT AUTHORITY Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y Elwood Boone Unexpired term thru 8/31/2026 EASTERN VA REGIONAL INDUSTRIAL Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y FACILITY AUTHORITY Christian Green— Representing Alternate Member Unexpired term thru 5/31/2028 GREEN RIBBON COMMITTEE Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y Michael Anderson— Representing Planning Commission Unexpired term thru 2/28/2026 HEALTH SERVICES ADVISORY BOARD Reappointed: 9-0 Y Y Y A Y Y Y Y A Y Y Iva Robinett 3 Year Term 4/1/2025-3/31/2028 HUMAN RIGHTS COMMISSION Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y Bruce Meyer Darlene Colson Reappointed: Mark Stevens 3 Year Term 4/1/2025-3/31/2028 PLANNING COMMISSION Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y Walter Camp— Representing District 1 Unexpired term thru 2/28/2027 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:02/18/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 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 JI PUBLIC LIBRARY BOARD Reappointed: 9-0 Y Y Y A Y Y Y Y A Y Y Lynn Carwell Alexander McDaniel 4 Year Term 4/l/2025—3/31/2029 STORMWATER MANAGEMENT Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y IMPLEMENTATION ADVISORY GROUP George Alcaraz- Representing Planning Commission Jason Barney— Representing Env ironment/Resiliency Rick Boyles— Representing Resident Richard Bowie— Representing Real Estate/Development Carol Considine— Representing Environment/Resiliency David Dallman— Representing Engineering Consultant James Elam— Representing High School Student Karen Forget— Representing Environmental Protection Conservation Organization Mike Gerel— Representing Environmental Protection Conservation Organization Gavin Gerling— Representing High School Student Brad Martin— Representing Resident Bryan Peeples— Representing Land Use/Environment Attorney Chris Pocta— Representing Land Use/Environment Attorney Mark Ricketts— Representing Real Estate/Development John Zaszewski— Representing Engineering Consultant 6 Month Term 2/18/2025—8/31/2025 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:02/18/2025 PAGE: 6 R U T N H HH L M H C - R A W U M E H G E M RI C I D N E R M M OL C N Y L S E I O US AGENDA H G E E O E C N SO ITEM# SUBJECT MOTION VOTE I S R Y N N K D EN TRANSITION AREA/INTERFACILITY Appointed: 9-0 Y Y Y A Y Y Y Y A Y Y TRAFFIC AREA CITIZENS ADVISORY Michael Karstake COMMITTEE 3 Year Term 3/1/2025—2/28/2028 CITY COUNCIL LIAISONS: 9-0 Y Y Y A Y Y Y Y A Y Y STORMWATER MANAGEMENT Appointed: IMPLEMENTATION ADVISORY GROUP Barbara Healey Joshua F."Joash" Schulman L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 8:12 PM