City Council - Formal Session

Regular Meeting

Virginia Beach, VA · October 15, 2024

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTCHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES October 15, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - CONFERENCE ROOM - 1:30 PM 1. COMMUNITY CHAPLAINCY PROGRAM Dr. Barrelevia Evans, Virginia Beach and Hampton Roads Mayoral Commission Dr. Tymon Moore, Virginia Beach and Hampton Roads Mayoral Commission (Requested by Mayor Dyer) 2. COASTAL STORM RISK MANAGEMENT STUDY UPDATE 2:00 PM Keith Lockwood, Chief, Water Resources Division – US Army Corps of Engineers Kristin Mazur, Coastal Storm Risk Program Manager – US Army Corps of Engineers 3. URBAN FORESTRY & TREE MITIGATION PLAN UPDATE 2:45 PM Michael Kirschman, Director – Parks & Recreation Frank Fentress, Park and Landscape Services Administrator – Parks & Recreation (Requested in FY 2024-25 Reconciliation) II. CITY MANAGER'S BRIEFING 1. NIMMO VII-B UPDATE 3:15 PM L.J. Hansen, Director – Public Works Toni Utterback, City Engineer – Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION 4:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION - COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION Certify Closed Session G. MINUTES 1. INFORMAL and FORMAL SESSIONS October 1, 2024 2. FORMAL SESSION October 8, 2024 H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project I. PUBLIC COMMENT 1. 2025 DRAFT LEGISLATIVE AGENDA J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Ordinance to ADD City Code Section 17-7 re nighttime use of City Libraries property Ordinance to AMEND City Code Chapter 6, Article 1 re obstructing and contaminating the waterways Resolution to RATIFY amendments to the Community Services Board Bylaws Resolution to DIRECT the City Manager to impose conditions upon the City’s future financial support re Something in the Water Festival Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road Ordinance to AUTHORIZE temporary encroachments into a 20’ City-owned drainage easement and a 5’ City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re maintain existing concrete ramp and timber floating dock with a lift, and construct and maintain a vinyl bulkhead (DISTRICT 8) Ordinance to ACCEPT and APPROPRIATE $142,074 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE one (1) full-time position re support substance use disorder clinical services Ordinance to ACCEPT and APPROPRIATE $80,000 from the Virginia Department of Criminal Justice Services to the FY 2024-25 to the Police Department Operating Budget re purchase equipment to reduce violent crime Ordinance to ACCEPT and APPROPRIATE $74,588 from the United States Department of Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER $24,863 within the FY 2024-25 Police Department Operating Budget to provide the required local grant match re marine patrol equipment Ordinance to ACCEPT and APPROPRIATE $37,431 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2024-25 Commonwealth’s Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing for the Virginia Beach Drug Court Ordinance to APPROPRIATE $4.3-Million of fund balance from the General Fund to the FY 2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project #100664 “Virginia Beach 5/31 Memorial” re construction of the Virginia Beach 5/31 Memorial L. PLANNING BEACH FRAMING AND DRYWALL, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re replace an existing mobile home with a single-family dwelling for a parcel directly East of 1924 Gum Bridge Road DISTRICT 2 RECOMMENDATION STAFF - DENIAL PLANNING COMMISSION - APPROVAL SUGAR PLUM, INC. for a Modification of Proffers re bakery specializing in dog treats and similar products at 1361 Laskin Road DISTRICT 6 (Approved February 10, 1998) RECOMMENDATION: APPROVAL FERBER COMPANY CENTRAL, LLC, / LYNNHAVEN BOA L, LLC & LYNNHAVEN BOA Q, LLC for a Modification of Proffers re redevelop the site with an eating and drinking establishment with a drive-thru at 2061 Lynnhaven Parkway DISTRICT 7 (Approved July 14, 1998, September 25, 2001, and September 23, 2003) RECOMMENDATION: APPROVAL 4th GENERATION HOME BUILDERS, LLC for a Conditional Change of Zoning from PD-H1 Planned Unit Development to Conditional A-18 Apartment District (Amendment to Land Use Plan) re develop a 25-unit residential townhouse condominium community for a parcel on Commuter Drive, directly East of 1436 South Independence Boulevard DISTRICT 10 RECOMMENDATION: APPROVAL MELLIE VALIANOS-REYNOLDS / VALIANOS PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit and a Conditional Use Permit re automobile repair garage at 619 London Bridge Road DISTRICT 3 (Approved 1978) RECOMMENDATION: APPROVAL AARON C. DAVENPORT / AARON & KENDRA DAVENPORT for a Conditional Use Permit re short term rental at 421 22nd Street DISTRICT 6 RECOMMENDATION: APPROVAL TRAVIS SMITH / TRAVIS & ELIZABETH SMITH for a Conditional Use Permit re short term rental at 304 28th Street, Unit 205 DISTRICT 6 RECOMMENDATION: APPROVAL Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 RECOMMENDATION: APPROVAL M. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** Packet Pg. 5 6.H.1 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) Packet Pg. 6 6.H.1 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) Packet Pg. 7 6.H.1 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) Packet Pg. 8 6.H.1 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) Packet Pg. 9 6.H.1 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) 6.H.1 Packet Pg. 10 Communication: PROPOSED CHARTER AMENDMENT (PUBLIC HEARINGS) 6.H.2 Packet Pg. 11 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 12 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 13 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 14 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 15 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 16 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 17 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 18 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 19 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 20 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 21 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 22 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 23 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 24 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 25 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 26 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 27 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 28 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 29 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 30 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.H.2 Packet Pg. 31 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS) 6.I.1 Packet Pg. 32 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 33 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 34 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 35 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 36 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 37 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 38 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 39 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 40 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 41 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 42 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 43 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 44 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 45 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 46 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 47 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 48 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 49 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 50 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 51 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 52 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 53 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.I.1 Packet Pg. 54 Communication: 2025 DRAFT LEGISLATIVE AGENDA (PUBLIC COMMENT) 6.K.a Packet Pg. 55 Attachment: Ordinance to Add City Code Section 17-7 Nighttime Useof City Library property (4238 : Ordinance to Add City Code Section 17-7 6.K.a Packet Pg. 56 Attachment: Ordinance to Add City Code Section 17-7 Nighttime Useof City Library property (4238 : Ordinance to Add City Code Section 17-7 6.K.a Packet Pg. 57 Attachment: Ordinance to Amend City Code Chapter 6, Article I of the City Code, Pertaining to Obstructing the Waterways and Contaminating 6.K.a Packet Pg. 58 Attachment: Ordinance to Amend City Code Chapter 6, Article I of the City Code, Pertaining to Obstructing the Waterways and Contaminating 6.K.a Packet Pg. 59 Attachment: Ordinance to Amend City Code Chapter 6, Article I of the City Code, Pertaining to Obstructing the Waterways and Contaminating 6.K.a Packet Pg. 60 Attachment: Ordinance to Amend City Code Chapter 6, Article I of the City Code, Pertaining to Obstructing the Waterways and Contaminating 6.K.a Packet Pg. 61 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 62 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 63 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 64 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 65 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 66 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 67 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 68 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 69 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 70 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 71 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 72 Attachment: Resolution to Ratify Amendments to the Bylaws of the Community Services Board (4257 : Resolution to Ratify Amendments to the 6.K.a Packet Pg. 73 Attachment: Resolution to Direct the City Manager to Impose Conditions upon the City's Future Financial Support for the Something in the 6.K.a Packet Pg. 74 Attachment: Resolution to Direct the City Manager to Impose Conditions upon the City's Future Financial Support for the Something in the 6.K.a Packet Pg. 75 Attachment: Resolution to Direct the City Manager to Impose Conditions upon the City's Future Financial Support for the Something in the 6.K.a Packet Pg. 76 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 77 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 78 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 79 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 80 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 81 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 82 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure 6.K.a Packet Pg. 83 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 84 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 85 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 86 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 87 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 88 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 89 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 90 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 91 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 92 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 93 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 94 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 95 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 96 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 97 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 98 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 99 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 100 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 101 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 102 Attachment: Ordinance to Authorize Temporary Encroachments into a 20’ City-owned Drainage Easement and into a 5’ City-owned Drainage 6.K.a Packet Pg. 103 Attachment: Ordinance to Accept and Appropriate Funds to Support Substance Use Disorder Clinical Services and Training and to Authorize a 6.K.a Packet Pg. 104 Attachment: Ordinance to Accept and Appropriate Funds to Support Substance Use Disorder Clinical Services and Training and to Authorize a 6.K.a Packet Pg. 105 Attachment: Ordinance to Accept and Appropriate Virginia Department of Criminal Justice Grant Funds to Combat Gun Violence (4258 : Ord to 6.K.a Packet Pg. 106 Attachment: Ordinance to Accept and Appropriate Virginia Department of Criminal Justice Grant Funds to Combat Gun Violence (4258 : Ord to 6.K.a Packet Pg. 107 Attachment: Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds Within the FY 2024-25 Operating Budget of the Police 6.K.a Packet Pg. 108 Attachment: Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds Within the FY 2024-25 Operating Budget of the Police 6.K.a Packet Pg. 109 Attachment: Ordinance to Accept and Appropriate Funds for the Virginia Beach Drug Court and to Authorize a Grant Match (4239 : Ordinance 6.K.a Packet Pg. 110 Attachment: Ordinance to Accept and Appropriate Funds for the Virginia Beach Drug Court and to Authorize a Grant Match (4239 : Ordinance 6.K.a Packet Pg. 111 Attachment: (NEW NEEDED) Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating 6.K.a Packet Pg. 112 Attachment: (NEW NEEDED) Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating 6.K.a Packet Pg. 113 Attachment: (NEW NEEDED) Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating 6.K.a Packet Pg. 114 Attachment: (NEW NEEDED) Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating 6.K.a Packet Pg. 115 Attachment: (NEW NEEDED) Ordinance to Appropriate $4,300,000 from the Fund Balance of the General Fund to the FY 2024-25 Operating BEACH FRAMING AND DRYWALL, LLC FOR A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE REPLACE AN EXISTING MOBILE HOME WITH A SINGLE-FAMILY DWELLING FOR A PARCEL DIRECTLY EAST OF 1924 GUM BRIDGE ROAD DISTRICT 2 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 116 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH FRAMING AND DRYWALL, LLC [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) for the property located directly east of 1924 Gum Bridge Road (GPIN 2411262111). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 15, 2024  Background: The applicant is seeking a subdivision variance to replace an existing mobile home on the subject property with a new single-family dwelling. The subject property was created by deed on January 29, 1988 (Deed Book 2706, Page 2068), which constituted an improper subdivision of land since any parcel created after 1953 required approval and recordation of a subdivision plat to legally create the parcel. The property is located within the AG-2 Agricultural Zoning District, which requires a minimum of one acre in lot size and 150 feet in lot width for residential lots. The subject parcel has a lot area of 0.22 acres and lot width of 74 feet when measured at the front setback. These dimensional deficiencies necessitate the need for a subdivision variance before a plat can be approved.  Considerations: Although it was not recorded with the City until 1988, the deed that created the parcel was originally written and notarized in 1960. At that time, the property was zoned Agricultural Unrestricted, allowing lots of any size to be created so long as residential structures were setback at least 75 feet from any right-of-way under 50 feet in width. Had the parcel been recorded at that time, it would have met the applicable dimensional requirements. However, when the deed was recorded in 1988, the zoning of the parcel had changed to AG-2 Agricultural and was subject to different dimensional requirements, which it did not meet. A mobile home has been present with a Health Department approved septic system since 1965. The right-of-way of this section of Gum Bridge Road is 42 feet wide, as such, a right- of-way dedication is needed to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and width to 70 feet. Due to the substandard size of the lot, additional variances for the front and side yard setbacks will be required from the Board of Zoning Appeals prior to the construction of the proposed single-family dwelling. Further details pertaining to the application, as well as Staff’s evaluation, Packet Pg. 117 6.L.a Beach Framing and Drywall, LLC Page 2 of 2 Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) are provided in the attached Staff Report. There is no known opposition to this request and staff has received a petition of support with 6 signatures.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, “Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T. Tatem, Sr.”, prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 118 6.L.a Agenda Item 11 Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Applicant & Property Owner: Beach Framing and Drywall, LLC Planning Commission Public Hearing: September 11, 2024 City Council District: District 2 (Henley) Project Details Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) Staff Recommendation Denial Staff Planner Aubrey A. Trebilcock Location Parcel directly east of 1924 Gum Bridge Road GPIN 2411262111 Site Size 0.22 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Mobile Home / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, cultivated field / AG-2 Agricultural South Gum Bridge Road Single-family dwelling / AG-2 Agricultural East Single-family dwelling / AG-2 Agricultural West Single-family dwelling / AG-2 Agricultural Beach Framing and Drywall, LLC Agenda Item 11 page 1 of 14 Packet Pg. 119 6.L.a Background & Summary of Proposal Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) • The applicant is seeking a subdivision variance to replace an existing mobile home on the subject property with a new single-family dwelling. The subject property was created by deed on January 29, 1988 (Deed Book 2706, Page 2068), which constituted an improper subdivision of land as a subdivision plat was required in 1988 to legally create the parcel, is required before proceeding with the redevelopment plan. • The deed that created the parcel was originally written and notarized in 1960. The property was zoned Agricultural Unrestricted at the time. This zoning allowed for lots of any size to be created so long as residential structures were setback 75 feet from rights-of-way under 50 feet in width. The deed was not recorded with the City until 1988, at which point the Zoning for the subject parcel had changed to AG-2. • The property is located within the AG-2 Agricultural Zoning District, which requires a minimum of one acre in lot size and 150 feet in lot width for residential lots. The subject parcel is only 0.22 acres in size and 74 feet wide when measured at the front setback. These dimensional deficiencies necessitate the need for a variance for plat approval. • The Real Estate Assessor describes this parcel as vacant residential land; however, there is a residential trailer present that is in use. The applicant states that this trailer has been present and serviced by a Health Department approved septic system since 1965. • In addition to this subdivision variance, the proposed dwelling will require variances from the Board of Zoning Appeals for setbacks in the front and side yards to comply with other dimensional requirements of the AG-2 Zoning District. • The right-of-way section of Gum Bridge Road that fronts the subject property is 42 feet wide. A right-of-way dedication is needed to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and a 70-foot lot width. Beach Framing and Drywall, LLC Agenda Item 11 page 2 of 14 Packet Pg. 120 6.L.a Zoning History Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Map Key No. Request SVR (Lot Width Reduction) 1 Approved 01/15/2019 This Subdivision Variance concerned 7 parcels that were improperly created by a partition plat in 1971 that was not approved by the Planning Department. At the time of the partition plat, 4 of the 7 parcels would have met the minimum lot area and lot width requirements. The variance application combined the three nonconforming parcels to meet the current AG-2 Zoning standards. As the other 4 parcels would have been conforming at the time of their creation, and the proposal reduced the total number of lots from 7 to 5, approval of a variance was supported by Staff and granted by City Council on January 15, 2019. Application Types SVR: Subdivision Variance Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to legalize a parcel that was improperly created by deed in 1988. The deed was originally drawn up and signed in 1960, but was not recorded with the City until 1988. In 1960, the property would have been zoned Agricultural Unrestricted. This zoning allowed for lots of any size to be Beach Framing and Drywall, LLC Agenda Item 11 page 3 of 14 Packet Pg. 121 6.L.a created so long as residential structures were setback 75 feet from rights-of-way under 50 feet in width. At the time the parcel was created by deed in 1988, it was still When the deed was recorded and the parcel was Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) created in 1988, however, the parcel was zoned AG-2 Agricultural and the same dimensional standards that exist today applied. There are no geographic or environmental factors that limit the size of the lot or impact how its lot area or lot width are calculated. A residential trailer has been present since at least 1965 when it was granted a permit by the Health Department for a septic system. At that time, the parcel was zoned Agricultural Unrestricted, which allowed for any use so long as residential structures were placed more than 75 feet from rights of way of less than fifty feet. While the use would have been permitted under this the Zoning designation at the time, the trailer did not and does not comply with the minimum front setback for a residential structure. As the parcel is only .22 acres in size, with a substandard lot width of 74 feet, meeting the setbacks of the AG-2 Zoning District, which has a minimum lot area of 1 acre and lot width of 150 feet, would continue to be an issue. The proposed dwelling will also require modified front and side setbacks to be approved by the Board of Zoning Appeals, which indicates approval of this lot would result in a difficult building envelope for any future redevelopment. An eight-foot-wide right-of-way dedication will also be required to bring this section of Gum Bridge Road up to the minimum standard of 50 feet wide for a residential use. This will further reduce the lot size to .205 acres and a 70-foot lot width. In Staff’s opinion, the application does not meet the five findings of fact necessary for the granting of a subdivision variance. When the parcel was created improperly by deed, the same AG-2 zoning standards that are applicable today were in effect. This parcel was not designed to comply with those regulations. Approval of this application would result in further complications as there is a challenging building envelope that may require zoning variances to be issued for any future dwelling. As a result, Staff is recommending denial of the application; however, should Planning Commission and/or City Council elect to approve the request, Staff recommends the conditions below. Recommended Conditions 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, “Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T. Tatem, Sr.”, prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Beach Framing and Drywall, LLC Agenda Item 11 page 4 of 14 Packet Pg. 122 6.L.a 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 Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rural Area. The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no cultural resources of note present. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Gum Bridge Road No Data Available No Data Available Proposed Land Use 2 – 10 ADT 1 Average Daily Trips 2As defined by a single-family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Gum Bridge Road is considered a two-lane local rural roadway. The right-of-way in front of 1926 Gum Bridge Road is only 42 feet wide, and therefore with this subdivision, a 8 foot right-of-way dedication will be required to bring the right-of-way width to 50 feet. It appears that the right-of-way on the south side of the road measures 25 feet from the centerline of the road, so that is why all 8 feet must be dedicated from 1926 Gum Bridge Road. There is no CIP project slated for this roadway. Beach Framing and Drywall, LLC Agenda Item 11 page 5 of 14 Packet Pg. 123 6.L.a Public Utility Impacts Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Water City water is unavailable. Sewer City sanitary sewer is unavailable. Public Outreach Information Planning Commission • Staff has received one petition of support which contains 6 signatures from four different addresses. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. Beach Framing and Drywall, LLC Agenda Item 11 page 6 of 14 Packet Pg. 124 Existing Site Layout Existing Mobile Home Beach Framing and Drywall, LLC Agenda Item 11 page 7 of 14 Packet Pg. 125 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) 6.L.a Proposed Layout Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Proposed 1,120 sq. ft. SF Dwelling .2 1 Acre Parcel Beach Framing and Drywall, LLC Agenda Item 11 page 8 of 14 Packet Pg. 126 Proposed Elevations Beach Framing and Drywall, LLC Agenda Item 11 page 9 of 14 Packet Pg. 127 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Site Photos Beach Framing and Drywall, LLC Agenda Item 11 page 10 of 14 Packet Pg. 128 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Disclosure Statement Beach Framing and Drywall, LLC Agenda Item 11 page 11 of 14 Packet Pg. 129 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Disclosure Statement Beach Framing and Drywall, LLC Agenda Item 11 page 12 of 14 Packet Pg. 130 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Disclosure Statement Beach Framing and Drywall, LLC Agenda Item 11 page 13 of 14 Packet Pg. 131 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Beach Framing and Drywall, LLC Agenda Item 11 page 14 of 14 Packet Pg. 132 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and AG2 AG2 Gu m Br idg eR oa d AG2 Site Property Polygons Zoning Building Beach Framing and Drywall, LLC Parcel on Gum Bridge Road, directly east of 1924 Gum Bridge Road μ Feet Packet Pg. 133 0 10 20 40 60 80 100 120 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 11 Beach Framing and Drywall, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. We'll now move to our next agenda item. Madam Clerk: Item #11, Beach Framing and Drywall, LLC. Mr. Bourdon: Again, for the record, Eddie Bourdon, Virginia Beach Attorney. I'm here now representing Beach Drywall, which Michael J. Wilson, who is the actual single member, LLC, who's the owner this piece of property. I have handouts. If any of y'all did not receive the email that my secretary sent out late yesterday afternoon, did does anyone need that information in paper form? Again, I apologize for the tardiness in getting the information out that's on my unexpected travel plans, but this is all information that was provided with the application, or totally within the frame of knowledge of the staff, and frankly the presentation that the informal this morning was hit the mark that I had concerns about when I was finally able to review the staff report on late Sunday. This is a complicated application. There's a lot of history involved that most of you all haven't had because you haven't been on the planning commission, but so long and these circumstances go back to a timeframe in the 50s, early 60s, all the way through the mid-70s, where we had a subdivision ordinance that required subdivision plats that people didn't do including lawyers in many instances. So what that's done and most of these have been getting cleaned up over the last number of decades is, what's happened is that these properties that were subdivided by deed rather than by subdivision plat when somebody would come in to add to their property, another building on their property or they went to sell their property, pretty much from the mid early 80s on, they wouldn't be able to, until they recorded a subdivision plat, they wouldn't be able to get a permit. They wouldn't be able to sell their property, and in the overwhelming majority of those circumstances, the lots met, still met, or the property sizes still met the requirements of the zoning that was in place then as it had at the time they've created the lot, but in a number of instances throughout the city, that wouldn't be the case because the zoning dimensional changes, zoning districts have changed at numerous times over the course of history, and you'll have a house on a lot that was created by deed, not by plat, and when it was discovered, the zoning had changed on the property. The dimensional requirements had changed on the property, and that resulted in the folks having to not only record a subdivision plan, they had to come up with a subdivision variance because the property didn't comply with at that time when they, when it was discovered, didn't comply with the requirements for lot size, and again, done scores and scores of these over all the decades, I've been doing this, and so this one is, somewhat unique, and I do respect that, but the facts still bear out that there's a hardship here, and I believe a subdivision variance is warranted. I provided you all with a write up from a subdivision variance application that I represented directly across Packet Pg. 134 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) the street from this property. On this property in Gumbridge Road is in a section that is very largely rural residential folks in the, down the county often refer to it as Tatum Town, little town. It's because there's lots of, home sites in that area, and this property was, is African American family, the Tatums who own this property, very, highly educated, highly motivated people. Very good land. Not like some circumstances where the land wasn't well drained, et cetera. It is an area that has had housing developing on it for some time. As is pointed out in the information I provided to you the property, and as Aubrey just mentioned this morning, property was zoned AU Agriculture Unrestricted in essence, it's agriculture, and you could do anything on the property. There were no dimensional requirements, no use restrictions, until 1968. In 1960, the elder Tatum's deeded to Fred Tatum this piece of property, and in 1965, it's James and Annie Tatum, and that deed is a completely legitimate deed executed, and notarized by Mr. Dolly, The Dolly family, prominent families in agriculture in the southern part of the City of Virginia Beach. Fred Tatum took title. at that time by this deed, but he didn't record it. Again, that doesn't mean that the conveyance didn't occur. You don't have to record a deed. Now, it's not a real good idea not to, but candidly, and I wasn't in a position to know this back in 1960, since I was four years old, but the reality is that a lot of the African-American community throughout the South, and the country even as a whole, but especially in the South, didn't necessarily understand, or more importantly, didn't necessarily trust the government, and they sometimes wouldn't record documents. Okay? I don't know what Mr. Tatum's motivation in not recording was, but it's not necessarily a wise thing to do, but the deed wasn't recorded, but again, the property, did exist. It was deeded. He had a trailer on the property from 1965 on with a septic tank. Now my client all these years later has purchased the property, he did not know of the problems that existed at the time, and that, quite frankly, is the fault of who represented him at the time who should have been able to figure that out, but again, this day and age with title companies doing closings who don't represent the buyers at all that's going to happen, but fortunately, most of these have been cleared up, and this is just one because Mr. Tatum owned the property so long, and lived in it, that it's just now coming about. So as his, as I've explained in here, and I've provided you with the information from the 2017 application, which I think is, should, if you have a chance to read it, if you haven't I think would be somewhat illuminating, and I've provided you with a copy of the deed, and I've provided you with a copy of that Tatum Plat. The Tatum plat is a Tatum plat that divided all this property in 1970-71. However, it's a part, it is labeled as a partition plat. However, Kay Wilson, and I researched this separately many years ago. There was no, we can find no record that there was ever a partition suit. There was no judicial order. There was no court order that anyone can find, but the plat was recorded, and properties were conveyed off of it, and houses were built on many of the lots, and in 2017, I went through the whole number of all the houses on these lots. The deeds that were recorded from that plat, which was not a subdivision plat, conveyed, property legally, and some of those have been back, and gotten variances later, and there are more that will be coming. Packet Pg. 135 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) They're the same scenario for all intents and purposes legally as this. It's the deed off of that partition plat that created the property by deed because that plat is not a subdivision plat. This is in my view, exactly the same legal scenario, and poor Mr. Wilson bought the plot, bought the lot, having every belief from his representative, from the real estate people who sold him the lot, that he could build a very small, but a small very affordable house on this property. He went immediately to the health department. They gave him a permit to put a septic system in for the old one because it was an upgrade from the old one, and he has done that, and that caused a considerable cost in addition to the purchase of the property, and he's now going through this process to get a submission variance, the setback issue. I'm sorry, I could talk a lot about this, but I'll be happy to answer any questions. If any of you have any questions about anything. Mr. Plumlee: Just quickly, so the community is in support of this. Is that fair? Mr. Bourdon: That's correct, and we have one member who actually was able to come. So there's had doctor's appointments today. We have a petition from the community. There's no opposition. Jay has been to all of the neighbors. There's no one opposes it, and the one side where there's a 10-foot setback shown the trailer has been eight feet off that property line since 1965. Okay, the other side where there's 20 foot setback supposed to be, the house is 23 feet off. It's just a porch, that's not. The front, the house itself is 48 feet, now the setback is 50 in the front. The house is 48 feet from the road, but we're dedicating another eight feet, and now the little stoop is technically in the, and I've done variances, they approve stoops in the setback all the time. Mr. Plumlee: Okay. I'm just trying, if we were to recommend the council, there's one more body you have to clean. Are there any other permits out there to obtain or variances to obtain? Mr. Bourdon: I believe council could actually approve the setbacks that are in this application, but because staff was not in favor of it, that wasn't included, but there's my hope that we can get council to do to include the approval of the setbacks, but we could go to the board of zoning appeals. If council approves the division of the, the legalization of this property, then we'd have to record a plat, and then we could go to the board of zoning appeals, and get, I'm confident that the board of zoning appeals would approve the variance that would be necessary. Mr. Plumlee: Just to give you an opportunity, this says in the staff report, the parcel was not designed to comply with the regulations and approval of the app would result in further complications as there is a challenging building envelope that may require zoning variances to be issued for any future dwelling. Mr. Bourdon: The dwelling is the dwelling that's in this application, it's can, if you approve the variance, it should be conditioned upon the dwelling that's, that is shown Packet Pg. 136 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) on the plans. I think in the conditions that are set forth, I'm sure that is exactly what the conditions dictate, is that it be this plan? Mr. Plumlee: Therefore, if there were any variances going forward in the future, they would be required to come back here for this body, and the city council for future consideration. Mr. Bourdon: Only if they weren't, which they'd have, only if they were going to encroach further into the setbacks and what's shown on there. Mr. Plumlee: Which they wanted to build a bigger place. They have to come back. Mr. Bourdon: That's correct. That's exactly right. They couldn't do anything without coming back to this process to build bigger. If for some reason, which I don't anticipate at all to be the case, the board of zoning appeals said, well. one side where the porch is encroaching into the 20 foot setback, we'd like you to remove that or something, then that would just be removed, that would not have to come back to this body. Mr. Plumlee: What I'm hearing is, as for the hardship, the hardship was based upon the failure of the documentation to be properly done at a time. Not created by this particular applicant. Mr. Bourdon: Solely because the deed wasn't recorded. Had the deed been recorded, none of this process would have been necessary at all. Ms. Cuellar: Madam Clerk. Do we have any speakers on this agenda item? Madam Speaker: There are no speakers at this time. Mr. Bourdon: One of the neighbors is here to speak of her being in favor of it, but I don't think that's necessary. I just want to recognize her time for coming down. Ms. Cuellar: As a point of clarification from our attorney, should the neighbor wish to speak, would she be able to come forward now? If you could please state your name for the record. Ms. Tatum: My name is Sandy Tatum Gray. I remember sitting there doing these minutes in the 80s when Grover Wright would go at Nancy Parker. Does anybody remember that? Anyway, I go way back here. I'm living right now on my grandpa's homestead, which is 1972. Back in the day, it was Route 3 Box whatever. Next door to where I was raised, my father was a was my Uncle Fred, who lived in this trailer. He was his executor, and he's the one who received the property when Uncle Fred passed away. In the family, there were ten boys and three girls. They all got property on Gumbridge Road. That's why they called it Tatum's Town. All raised their families there. Uncle Fred, Uncle Julian, those are the two brothers that never married and there were three trailers at the end of that street before Dolly Packet Pg. 137 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Road that was my Uncle Fred's, which is the property in question across the street from him was Uncle Julian, and then my Aunt Ruby who had a vacation home when she came up from Greensboro, and as long as I can remember, that's where those three stayed, and I've got pictures, I actually have a family picture of the Tatums when they went to resolve my grandpa's will after he passed, and it's taken inside my Uncle Fred's trailer. If anybody wants to see any of that, I have it here with me, but I can I can certainly attest to the fact that there was a trailer on that property, the septic tank that was the original, on that property, my dad and my Uncle Rusty put in for Uncle Fred, so he could have his own place, and he was never more proud than to have that trailer to call home because he was, like I said, on his own his whole life, he was an introvert lonely guy, but happier, never happier than when he was with his family. Ms. Cuellar: Thank you very much. Are there any questions for the speaker? I'd like to open up the floor now for any further discussion or entertain a motion. Mr. Coston: I'd like to move to approve this thing, but before I do that, I'd like to say that there are plenty circumstances, especially in the county that we will never be able to fix or will never get around to spending the money to fix them, and the term existing nonconforming applies here because it's something we can't fix, but it's been that way forever, and I would move to approve it. Ms. Cuellar: I have a motion from Commissioner Coston to approve this. Do I have a second? Mr. Plumlee: Second. Ms.Cuellar: I have a second by Commissioner Plumlee. Is there any further discussion? Staff will now call for the vote. Madam Clerk: The vote is now open. By a recorded vote of 8 to 0, item #11, Beach Framing and Drywall, LLC has been approved. Ms. Cuellar: Thank you very much. We have one more agenda item number. Madam clerk, could please call that. Packet Pg. 138 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) Vote Tally AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. When the Property is platted, its boundaries shall be drawn substantially as shown on the exhibit entitled, “Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of Property Located on Gum Bridge Road for Benjamin T. Tatem, Sr.”, prepared by Fox Land Surveying, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. An eight-foot-wide right-of-way dedication must be made along the frontage of Gum Bridge Road to allow the right-of-way to meet the 50-foot right-of-way width requirement for servicing a residential lot. Packet Pg. 139 Packet Pg. 140 6.L.a Attachment: PLA - 01_ARF Package for Beach Framing and Drywall, LLC (4249 : Beach Framing and Drywall, LLC (Applicant & Property Owner) SUGAR PLUM, INC. FOR A MODIFICATION OF PROFFERS RE BAKERY SPECIALIZING IN DOG TREATS AND SIMILAR PRODUCTS AT 1361 LASKIN ROAD DISTRICT 6 (APPROVED FEBRUARY 10, 1998) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 141 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUGAR PLUM, INC. [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1361 Laskin Road (GPIN 2417293117). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024  Background: The applicant is requesting a Modification of Proffers for the property located at 1361 Laskin Road in order to reuse an existing 4,200 square-foot building as a bakery specializing in dog treats and similar products. The property was conditionally rezoned in 1998 from O-2 Office to Conditional B-1A Neighborhood Business and included proffers that severely restricted the permissible uses on the property, as well as the overall building design and site layout. The applicant is requesting to remove the restrictive use proffers and instead permit uses that are permissible by-right or with a conditional use permit in the B-1A zoning district. No site alterations or additions will be made with this proposal. The applicant also proffers the existing site layout and the building, with the understanding that surface cosmetic changes may be made to the building’s exterior. Sufficient parking is provided on site.  Considerations: This property is included in the boundaries of the Hilltop Strategic Growth Area (SGA), as defined by the Comprehensive Plan. The Hilltop SGA is envisioned as a regional commercial destination that blends high-end retail and national chains with local businesses in a dense, multi-modal corridor with well-designed pedestrian connections to nearby residences. This proposed modification of proffers will create more opportunities for reuse of the site that are complementary to the goals of the Hilltop SGA, including the applicant’s stated intention of expanding their local bakery business. Properties immediately adjacent to 1361 Laskin Road are zoned O-2 Office, Conditional B-2 Community Business, and Conditional B-1 Neighborhood Business, and is in the vicinity of The Canopy, an approved multi-use development. The applicant’s request is compatible with current and desired future conditions along Laskin Road. The original proffers were likely intended to be deferential to the residential development near this corridor; however, in Staff’s opinion, those restrictions no longer serve the current goals for this corridor. Furthermore, permitted uses in the B-1A Zoning District are intended to provide areas where limited commercial development can be dispersed to support the needs of nearby residential Packet Pg. 142 6.L.a SUGAR PLUM, INC. Page 2 of 2 neighborhoods. The applicant’s modified proffers will also ensure that hours of Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers operation are still compatible with residential areas but will provide flexibility for reuse of the property. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. Proffer 1: The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and façade of the Property shall be permitted. Proffer 2: The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. Proffer 3: The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B- 1A Limited Community Business District.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 143 6.L.a Agenda Item 6 Applicant and Property Owner: SUGAR PLUM, INC. Planning Commission Public Hearing: September 11, 2024 Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers City Council District: District 6 (Remick) Project Details Request Modiﬁcation of Proﬀers Staﬀ Recommendation Approval Staﬀ Planner Elizabeth Nowak Location 1361 Laskin Road GPIN 2417293117 Site Size .47 acres AICUZ 70-75 dB DNL; Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former retail building / Conditional B-1A Limited Community Business Surrounding Land Uses and Zoning Districts North Laskin Road Single-family dwellings / R-20 Residential South Multi-family dwellings / A-12 Apartment East Bakery / B-1 Neighborhood Business West Oﬃce / O-2 Oﬃce SUGAR PLUM, INC. Agenda Item 6 page 1 of 15 Packet Pg. 144 6.L.a Background & Summary of Proposal The applicant is requesting a Modiﬁcation of Proﬀers for the property known as 1361 Laskin Road in order Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers • to reuse the approximately 4,200 square-foot existing building as a bakery specializing in dog treats and similar products. • 1361 Laskin Road was conditionally rezoned from O-2 Oﬃce to Conditional B-1A Neighborhood Business in 1998. The applicant at that time included several proﬀers governing permitted uses on the property: o Proﬀer 4 of the original proﬀers states that the property shall be utilized for a single retail women’s dress and apparel shop with operating hours from 9:30 a.m. to 8:00 p.m. o Proﬀer 5 states that the only uses which will be permitted in place of a retail women’s dress and apparel shop are those which are permitted within the O-2 Oﬃce Zoning District and are not prohibited within the B-1A Limited Community Business District. Proﬀers 4 and 5 of the original agreement severely restrict permissible uses on this property, including the potential to operate a bakery on site, which is a by-right use in the B-1A Business District. • Other proﬀers of the original agreement proﬀered the design of the building and the site layout. • At this time, the applicant seeks to modify the proﬀer agreement by removing the previous proﬀers and replacing them with general proﬀers related to retaining the existing building and site layout as they currently exist; to limit hours of operation (for any use) of the building to between 8:00 a.m. and 9:00 p.m.; and clariﬁcation that the building may be used for retail sales. • The only changes proposed by the applicant are to update the exterior of the building with colors to match their adjacent building at 1353 Laskin Road, where the applicant operates a traditional bakery. This new property will be an extension of their operations, including their skills-training program for individuals with disabilities. • Per Section 203(a)(29), one parking space per every 250 square feet of ﬂoor area must be provided. 17 parking spaces are required for this use. There are 16 regular parking spaces available on site and one ADA- accessible space, thereby meeting parking on site with a total of 17 spaces. SUGAR PLUM, INC. Agenda Item 6 page 2 of 15 Packet Pg. 145 6.L.a Zoning History Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Map Key No. Request MDP Approved 09/02/2014 1 CRZ (O-2 to Conditional B-2) Approved 01/03/2001 CRZ (O-2 to Conditional B-1A) 2 Approved 02/10/1998 1 2 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation In Staﬀ’s opinion, this request for a Modiﬁcation of Proﬀers is acceptable. This property is included in the boundaries of the Hilltop Strategic Growth Area (SGA), as deﬁned by the Comprehensive Plan. Hilltop is envisioned as a regional commercial destination that blends high-end retail and national chains with local businesses in a dense, multi-modal corridor with well-designed pedestrian connections to nearby residences. This proposed modiﬁcation of proﬀers will create more opportunities for reuse of the site that are complementary with the goals of the Hilltop SGA, including the applicant’s stated intention of expanding their local bakery business. Properties immediately adjacent to 1361 Laskin Road are zoned O-2 Oﬃce, Conditional B-2 Community Business, and Conditional B-1 Neighborhood Business, and is in the vicinity of The Canopy, an approved multi-use development. The applicant’s request is compatible with current and desired future conditions along Laskin Road. This property was rezoned 26 years ago from O-2 Oﬃce to Conditional B-1A Neighborhood Business. The Laskin Road corridor was in a much diﬀerent state of development then, though the property was part of a group of parcels zoned O-2 Oﬃce that predated much of the residential development that currently exists to the south. The original proﬀers were likely intended to be deferential to the residential development near this corridor; however, in Staﬀ’s opinion, those restrictions no longer serve the current goals for this corridor. The applicant’s modiﬁed proﬀers will ensure that hours of operation are still compatible with residential areas but will provide ﬂexibility for reuse of the property. Further, as the applicant is making no site or building changes, SUGAR PLUM, INC. Agenda Item 6 page 3 of 15 Packet Pg. 146 6.L.a the proﬀer regarding design and site layout will preserve the public’s opportunity to comment on future redevelopment. Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers As such, Staﬀ recommends approval of this application subject to the proﬀers and exhibits included below in the staﬀ report. Proﬀers The following are proﬀers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proﬀers in an attempt to “oﬀset identiﬁed problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proﬀers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proﬀer 1 The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and façade of the Property shall be permitted. Proﬀer 2 The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. Proﬀer 3 The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B-1A Limited Community Business District. Staﬀ Comments: Staﬀ has reviewed the Proﬀers listed above and ﬁnds them acceptable. The City Attorney’s Oﬃce has reviewed the agreement and found it to be legally suﬃcient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identiﬁes this area as being within the Hilltop Strategic Growth Area in an area designated for non-residential mixed use (p. 39). This mixed-use character is intended to contribute to the overall vision of Hilltop as a regional commercial center of both national and local retailers, which this application supports. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay. It is located outside the Resource Protection Area. There are no proposed site improvements with this application. There are no known historic or cultural resources that will be aﬀected by this project. SUGAR PLUM, INC. Agenda Item 6 page 4 of 15 Packet Pg. 147 6.L.a Traﬃc Impacts/Transportation Traﬃc Counts Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Street Name Present Volume Present Capacity Generated Traﬃc Laskin Road 27,800 ADT1 36,900 ADT 1* (LOS 2 “D”) No anticipated change 1 Average Daily Trips 2 LOS = Level of *55,500 ADT for Service future 6 lane road Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there are two, two-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a 160-foot right-of-way. There is a roadway CIP project under construction on Laskin Road in the vicinity of this application. Laskin Road – Phase IA (CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and First Colonial Road from I-264 to Laurel Lane. Construction of this project began in 2019 and is scheduled to be completed in 2024/25. Public Utility Impacts The site currently connects to the City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding the request and the date of the Planning Commission public hearing on September 2, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. SUGAR PLUM, INC. Agenda Item 6 page 5 of 15 Packet Pg. 148 6.L.a City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers • As required by City Code, the adjacent property owners were notiﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. SUGAR PLUM, INC. Agenda Item 6 page 6 of 15 Packet Pg. 149 Property Survey SUGAR PLUM, INC. Agenda Item 6 page 7 of 15 Packet Pg. 150 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Concept Site Plan Showing Parking SUGAR PLUM, INC. Agenda Item 6 page 8 of 15 Packet Pg. 151 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Site Photos SUGAR PLUM, INC. Agenda Item 6 page 9 of 15 Packet Pg. 152 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Site Photos SUGAR PLUM, INC. Agenda Item 6 page 10 of 15 Packet Pg. 153 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Disclosure Statement SUGAR PLUM, INC. Agenda Item 6 page 11 of 15 Packet Pg. 154 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Disclosure Statement Marchelle L. Coleman 9/24/2024 9/24/2024 SUGAR PLUM, INC. Agenda Item 6 page 12 of 15 Packet Pg. 155 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Board of Directors SUGAR PLUM, INC. Agenda Item 6 page 13 of 15 Packet Pg. 156 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Board of Directors SUGAR PLUM, INC. Agenda Item 6 page 14 of 15 Packet Pg. 157 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers 6.L.a Next Steps Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers • Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SUGAR PLUM, INC. Agenda Item 6 page 15 of 15 Packet Pg. 158 6.L.a R20 Ro ad i n Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Lask n Ro ad Laski B1 O2 Gay Drive B1A B1A O2 B2 O2 R10 A12 R10 Site Property Polygons Zoning Building Sugar Plum, Inc. 1361 Laskin Road μ Packet Pg. 159 Feet 0 15 30 60 90 120 150 180 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 6 Sugar Plum Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you. You may be seated. The next item is agenda item #6, Sugar Plum Bakery. Is there a representative here to speak on this? Mr. Garrington: Good morning, Madam Chair, members of the Planning Commission, for the record, Billy Garrington on behalf of the applicant. Applicant in this case is Sugar Plum Bakery, property known as 1361 Laskin Road. There are three proffers in the staff write up, and we're in total agreement with those, and I want to thank your staff for working with us on this piece of property, and we're in total agreement with the proffers, and we thank you for placing this on consent. Ms. Byler: Thank you. You may be seated. On this item, we've asked Commissioner Plumlee to please read it into the record. Mr. Plumlee: Thank you very much. This is an application for modification to proffer at 1361 Laskin Road for Sugar Plum Bakery Incorporated being the applicant. Our wonderfully informative staff provided us an excellent presentation on this item. There has been absolutely no objection placed to this, very minor modification of great importance to this applicant, and there were no objections from the members of the planning commission, and therefore it appears appropriate for the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. Ms. Byler: The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0, items 5, 6, 8, 9, and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming City Council meeting. Staff will Packet Pg. 160 6.L.a Attachment: PLA - 02_ARF Package for Sugar Plum Inc (4250 : SUGAR PLUM, INC. (Applicant & Property Owner) Modification of Proffers contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person, but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Vote Tally AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Proffers Proffer 1 The existing building and improvements to the Property shall remain, and no expansion or external construction to the existing single-story building shall be permitted. Changes to the exterior color scheme and façade of the Property shall be permitted. Proffer 2 The operating hours for the single-story building shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m. Proffer 3 The single-story building may be utilized for retail sales and any other uses permitted either by right or through conditional use permit, if granted, within the B-1A Limited Community Business District. Packet Pg. 161 FERBER COMPANY CENTRAL, LLC, / LYNNHAVEN BOA L, LLC & LYNNHAVEN BOA Q, LLC FOR A MODIFICATION OF PROFFERS RE REDEVELOP THE SITE WITH AN EATING AND DRINKING ESTABLISHMENT WITH A DRIVE-THRU AT 2061 LYNNHAVEN PARKWAY DISTRICT 7 (APPROVED JULY 14, 1998, SEPTEMBER 25, 2001, AND SEPTEMBER 23, 2003) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 162 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FERBER COMPANY CENTRAL, LLC [Applicant] LYNNHAVEN BOA L LLC & LYNNHAVEN BOA Q LLC [Property Owners] Modification of Proffers for the property located at 2061 Lynnhaven Parkway (GPIN 1475961048). COUNCIL DISTRICT 7 (Wooten) MEETING DATE: October 15, 2024  Background: The applicant is requesting a Modification of Proffers to develop this site with a Panera Bread restaurant. The property is located along Lynnhaven Parkway within the Salem Crossing Shopping Center. The property was rezoned from R-5D Residential to Conditional B-2 Community Business in 1998 with subsequent modifications in 2001 and 2003. The 1998 proffers permitted certain uses on the property, specifically preschool/childcare education centers, business studios, offices, clinics, and financial institutions. A former Bank of America previously utilized the now vacant building. The proposed modification will add eating and drinking establishments, as a permitted use on the site. The existing 3,000 square foot building will remain with some minor exterior renovations to include removal of the existing teller canopy, addition of a dumpster enclosure with the required screening, updates to the existing signage and overall color scheme, and installation of a new door on the east elevation. All existing landscaping on the site, which is heavily screened from Lynnhaven Parkway, will remain. Parking is deficient on the site by 8 spaces, with 30 spaces required and only 22 provided on site. However, there is a reciprocal easement on the property that allows additional shared parking on Parcel I within the shopping center. The shopping center currently has ample parking, with 372 parking spaces required and 531 spaces provided. The restaurant anticipates no more than 6 to 8 employees on a shift during peak hours. The additional 8 required parking spaces will be provided on the adjacent parcel of the shopping center and will have minimal impact on the overall parking for the shopping center.  Considerations: The proposed development is consistent with the Comprehensive Plan’s vision for the Suburban Area, as it pertains to infill development. The exterior changes proposed to the building are consistent with the Suburban Area Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines. As Packet Pg. 163 6.L.a Ferber Company Central, LLC Page 2 of 3 such, Staff and the Planning Commission concurred that the proposed modification Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability request will not negatively impact the surrounding properties, but rather will improve the aesthetics of the site with a restaurant that can be utilized by surrounding property owners, visitors, and residents. While the Conceptual Site Layout Plan submitted to the Planning Commission did not include a bike rack, to meet the City’s Active Transportation initiatives, the applicant revised the plan between Planning Commission and City Council to ensure that a bike rack was added to the plan. The updated plan which is included as an attachment, was submitted before the proffer deadline of 10 days prior to the City Council hearing. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. PROFFERS Proffer 1 That portion of Proffer numbered “1” in the 2003 Proffers applicable to PARCEL D (“Parcel D Site Plan”) is deleted and replaced with: 1. When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled “SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA”, dated 05-28- 2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (“hereinafter “PARCEL D LAYOUT”) Proffer 2 That Portion of Proffer numbered “3” in the 2003 Proffers applicable to Parcel D is deleted and replaced with: 3. When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Proffer 3 Proffer numbered “4” in the 2003 Proffers is deleted and replaced with: Packet Pg. 164 6.L.a Ferber Company Central, LLC Page 3 of 3 4. The exterior building materials, architectural design elements, and building Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled “Elevations – 2061 Lynnhaven Parkway” – 6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter “Panera Parcel D Elevations”). Proffer 4 Proffer numbered “9” in the 1998 Proffers is deleted and replaced with: 9. The only uses which are permitted on “PARCEL D” are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a financial institution; (iv) business studios; (v) offices; or (vi) clinics. Proffer 5 Except as modified or deleted herein, the remaining unchanged proffer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proffers, 2001 Proffers, and 2003 Proffers, are hereby ratified and affirmed.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing REVISED CONCEPTUAL SITE LAYOUT plan dated 05-28-2024, as revised 06- 24-2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 165 6.L.a Agenda Item 5 Applicant: Ferber Company Central, LLC Property Owner: Lynnhaven BOA L LLC & Lynnhaven BOA Q LLC Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Planning Commission Public Hearing: September 11, 2024 City Council District: District 7 (Wooten) Project Details Request Modiﬁcation of Proﬀers Staﬀ Recommendation Approval Staﬀ Planner Marchelle Coleman Location 2061 Lynnhaven Parkway GPIN 1475961048 Site Size 1.06 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Former bank / Conditional B-2 Community Business Surrounding Land Uses and Zoning Districts North Shopping Center / B-2 Community Business South Lynnhaven Parkway Restaurant / B-2 Community Business East Restaurant / B-2 Community Business West Retail / B-2 Community Business Ferber Company Central, LLC Agenda Item 5 page 1 of 22 Packet Pg. 166 6.L.a Background & Summary of Proposal • The applicant seeks to amend proﬀers associated with a Conditional Rezoning approved by City Council on Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability July 14, 1998 to rezone this property from R-5D Residential District to Conditional B-2 Community Business District to redevelop the site with an eating and drinking establishment with a drive-thru. The applicant is proposing to modify original proﬀers from 1998, as well as modiﬁed proﬀers approved in 2001 and 2003, to modify the site layout, renderings, landscaping, and proposed uses on this property in order to adapt a former Bank of America building for reuse as a Panera Bread restaurant with a drive thru. • The 1998 proﬀers include a proﬀer that governs the permitted uses on the property (PARCEL D), stating that the only uses which will be permitted on "Parcel D" are: preschool/childcare education center, business studios, oﬃces and clinics, or a ﬁnancial institution. Proﬀer 9 will be amended to add eating and drinking establishment with a drive thru as a permitted use. • As depicted on the conceptual site plan and proposed building elevations, the applicant proposes minimal changes to the site, but will remove the existing bank teller canopy that covers existing drive thru lanes. The applicant intends to reuse these lanes but will install an awning on the building to partially shelter the drive thru lane and cashier window. The building’s existing brick façade will remain with minimal changes to include building signage, window awnings, changing the color scheme, and proposed new door along the east elevation. • As stated previously, new signage is proposed on the building, as depicted on the proﬀered building elevations. The existing freestanding sign on the property will also remain but will be replaced with a new face to display the restaurant's logo, as shown on the proposed building elevations. The existing freestanding sign is neither internally nor externally illuminated. • Interior parking lot, building foundation plantings, and streetscape plantings will remain, as depicted on the conceptual site plan. A dumpster enclosure is proposed with the required screening plantings shown. The proposed landscaping appears to meet requirements set forth in the Site Plan Ordinance. • Section 203(a)(30) of the Zoning Ordinance requires a minimum of 30 parking spaces. 22 parking spaces to include two handicap spaces are proposed on the parcel per the concept plan. While all the required parking is not met on site, there is a recorded reciprocal easement agreement which allows shared parking on the adjacent parcel, thereby, meeting all parking requirements for this proposed use. • The proposed hours of operation will be from 6:00 a.m. to 10:00 p.m. daily with a total number of 25 employees. Six to eight employees are anticipated to work during peak hours. Ferber Company Central, LLC Agenda Item 5 page 2 of 22 Packet Pg. 167 6.L.a Zoning History Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Map Key No. Request CUP (Tattoo Parlor) Approved 04/04/2023 1 REZ Approved 10/14/2003 REZ Approved 07/14/1986 CUP (Church) Approved 04/14/1986 CUP (Tattoo Parlor) Approved 09/08/2022 CUP (Indoor Commercial Recreation Facility) Approved 09/10/2013 CUP (Indoor Recreation Facility) 2 Approved 10/11/2011 MDC Approved 02/27/1996 CRZ (R-5D to Conditional B-2 Community Business District) Approved 07/11/1995 3 REZ Approved 06/26/2007 MDP Approved 10/14/2003 MDP Approved 09/25/2001 4 CRZ (R-5D to Conditional B-2 Community Business District) Approved 07/14/1998 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation This request to modify the proﬀers to amend the conceptual site plan, building renderings, and proposed uses for Parcel D are acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to inﬁll development. The proposed building is consistent with the Suburban Area Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines, as the existing building will remain with minor changes. Staﬀ does not anticipate any diminished quality of the site as a result of this request, as the existing former bank building will remain but will incorporate minor changes to include the removal of the existing canopy, painting of existing awning along main front façade, new building signage, and a proposed new door along the Ferber Company Central, LLC Agenda Item 5 page 3 of 22 Packet Pg. 168 6.L.a east elevation. The proposed elevations show the existing red brick to remain, consistent with the architectural materials and design of the adjacent buildings in the vicinity. Staﬀ believes that the site layout will not be adversely impacted as all existing landscaping will be retained, meeting the requirements of the Site Plan Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Ordinance. In addition, the majority of the parking, totaling 22 spaces, will be provided on site. The other required parking spaces (totaling eight spaces) will be provided on the adjacent parcel within the shopping center, as permitted through the existing reciprocal easement agreement. The Salem Crossing Shopping Center requires 372 parking spaces, however, 531 parking spaces are provided. The additional eight required parking spaces will be provided on the adjacent parcel of shopping center and will have minimal impact on the shopping center’s parking, as suﬃcient parking is provided. In addition, the applicant will revise the plan between Planning Commission and City Council to include a bike rack to meet the bicycle space parking requirements. It is the opinion of Staﬀ that the traﬃc generated by this restaurant will result in a total of 1,636 average daily trips. Traﬃc Engineering Staﬀ reviewed the request and indicated while the proposal for an eating and drinking establishment with drive-thru will slightly increase the traﬃc volume, Lynnhaven Parkway is well under capacity and can easily accommodate the anticipated increase. Based on the considerations above, Staﬀ recommends approval of this request subject to the proﬀers listed below. Proﬀers The following are proﬀers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proﬀers in an attempt to “oﬀset identiﬁed problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proﬀers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proﬀer 1 That portion of Proﬀer numbered “1” in the 2003 Proﬀers applicable to PARCEL D (“Parcel D Site Plan”) is deleted and replaced with: 1. When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled “SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA”, dated 05- 28-2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on ﬁle with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (“hereinafter “PARCEL D LAYOUT”) Proﬀer 2 That Portion of Proﬀer numbered “3” in the 2003 Proﬀers applicable to Parcel D is deleted and replaced with: 3. When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Ferber Company Central, LLC Agenda Item 5 page 4 of 22 Packet Pg. 169 6.L.a Proﬀer 3 Proﬀer numbered “4” in the 2003 Proﬀers is deleted and replaced with: 4. The exterior building materials, architectural design elements, and building mounted signage of the existing Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modiﬁed, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled “Elevations – 2061 Lynnhaven Parkway” – 6/27/2024 which has been exhibited to the Virginia Beach City Council, is on ﬁle with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter “Panera Parcel D Elevations”). Proﬀer 4 Proﬀer numbered “9” in the 1998 Proﬀers is deleted and replaced with: 9. The only uses which are permitted on “PARCEL D” are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a ﬁnancial institution; (iv) business studios; (v) oﬃces; or (vi) clinics. Proﬀer 5 Except as modiﬁed or deleted herein, the remaining unchanged proﬀer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proﬀers, 2001 Proﬀers, and 2003 Proﬀers, are hereby ratiﬁed and aﬃrmed. Staﬀ Comments: Staﬀ has reviewed the Proﬀers listed above and ﬁnds them acceptable. The City Attorney’s Oﬃce has reviewed the agreement and found it to be legally suﬃcient and in acceptable legal form. 2003 Proﬀers Proﬀer 1 Proﬀer numbered "l" in the 2001 Proﬀers is amended to read: When the Property is developed, Parcels "B" and "C" shall be developed substantially as shown on the Exhibit entitled "PRELIMINARY SITE PLAN OF THE LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN", prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "Parcel A Site Plan"). Parcel "D" shall be developed substantially as shown on the exhibit entitled "BANK OF AMERICA LYNNHAVEN SQUARE NEW STORE", prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated June 27, 2003, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "Parcel D Site Plan"). Proﬀer 2 Proﬀer numbered "2" in the 2001 Proﬀers is deleted. Ferber Company Central, LLC Agenda Item 5 page 5 of 22 Packet Pg. 170 6.L.a Proﬀer 3 Proﬀer numbered 3 in the 2001 Proﬀers is amended to read: When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7- Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability ELEVEN", prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning. When Parcel "D" is developed, Parcel "D" shall contain landscaping features substantially in accordance with the Parcel "D" Site Plan. Parcels "B" and "C" shall contain a minimum of ﬁve percent (5%) of landscape and open space in addition to the 25' Landscape Buﬀer reference herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in eﬀect at the time of site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum ﬁve percent (5%) landscape/open space requirement referenced herein. Proﬀer 4 Proﬀer numbered "13" in the 1998 Proﬀers is amended to read: The external building materials and architectural design elements of the building depicted on the Parcel D Site Plan shall be substantially the same as shown on the exhibit entitled "ELEVATIONS', BANK OF AMERICA, LYNNHAVEN SQUARE SHOPPING CENTER, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated 7/29/03, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "Parcel D Rendering"). Proﬀer 5 All of the terms, conditions, covenants, servitudes and agreements set forth in the 2001 Proﬀers recorded in the Clerk's Oﬃce of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4514, at Page 0910, save and except, Proﬀer 1 as speciﬁcally amended and modiﬁed herein and Proﬀer 2 as deleted herein, shall remain in force and eﬀect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. Proﬀer 6 All of the terms, conditions, covenants, servitudes and agreements set forth in the 1998 Proﬀers recorded in the Clerk's Oﬃce of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587, save and except, Proﬀer 13, as speciﬁcally amended and modiﬁed herein, and Proﬀer 1, Proﬀer 2, Proﬀer 7, Proﬀer 8, Proﬀer 10, Proﬀer 12, Proﬀer 17, Proﬀer 18, and Proﬀer 19, as speciﬁcally amended, or deleted in the 2001 Proﬀers, shall remain in force and eﬀect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. Ferber Company Central, LLC Agenda Item 5 page 6 of 22 Packet Pg. 171 6.L.a 2001 Proﬀers Proﬀer 1 Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability "PROFFER I" is amended to read: When the Property is developed, parcels "B," "C," and "D" shall be developed substantially as shown on the exhibit entitled "PRELIMINAA'{ SITE PLAN OF THE VILLAGES OF LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN," prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "site plan"). Proﬀer 2 "PROFFER 2" is amended to read: When those portions of the Property designated Parcel "A" and Parcel "D" are developed, Parcel "D" shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN PARCELS A & D AT THE VILLAGES of Lynnhaven, for Sifen Incorporated", prepared by Porterﬁeld Design Center which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter "Concept Plan"}. Proﬀer 3 PROFFER 7" is amended to read: When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN," prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning. Parcels B, C, and D shall contain a minimum of ﬁve percent (5%) of landscape and open space area in addition to the "25' Landscape Buﬀer" referenced herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in eﬀect at the time of the site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum ﬁve percent (5%) landscape/open space requirement referenced herein. Proﬀer 4 "PROFFER 8" is amended to read: The only use which will be permitted on "Parcel A" is either a drugstore/pharmacy, an eating and drinking establishment without drive through windows, which does not require a conditional use permit, a convenience store and automobile services station, or a ﬁnancial institution. Proﬀer 5 "PROFFER 10" is amended to read: Each parcel shown on the Site Plan shall contain pedestrian ways connecting said parcels to one another and to the shared boundary with Salem Crossing Shopping Center as indicated on the Site Pinn. The pedestrian access ways which cross paved and/or vehicular areas, shall be delineated by the use of paver blocks or other similar architectural treatment. Ferber Company Central, LLC Agenda Item 5 page 7 of 22 Packet Pg. 172 6.L.a Proﬀer 6 "PROFFER 12" is amended to read: The external building materials and architectural design elements of the building depicted on Parcel "A" shall be substantially the same as shown on the exhibit entitled "7-ELEVEN Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability CONVE!'IIENCE STORE WITH FUEL STATION" dated July 2, 2001, which has been exhibited to the: Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning(hereinafter "Rendering"). Proﬀer 7 "PROFFER 17" is deleted. Proﬀer 8 "PROFFER 18" is deleted. Proﬀer 9 "PROFFER 19" is deleted. Proﬀer 10 All of the terms, conditions, covenants, servitudes and agreements set forth in "Proﬀered Covenants, Restrictions and Conditions" dated January 28, 1998, and recorded in the Clerk's Oﬃce in Deed Book 3938, at Page 1587, save and except, Proﬀer I, Proﬀer 2, Proﬀer 7, Proﬀer 8, Proﬀer 10, Proﬀer 12, Proﬀer 17, Proﬀer 18, and Proﬀer 19, as speciﬁcally amended and modiﬁed herein, shall remain in force and eﬀect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, his heirs. personal representatives, assigns, tenants, and other successors in interest or title. Proﬀer 11 Further conditions may be required by the GRANTEE during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 1998 Proﬀers Proﬀer 1 When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OF THE VILLAGES OF L YNNHAVEN, SALEM & LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter “Site Plan”). Proﬀer 2 When those portions of the Property designated Parcel "A" and Parcel "D'" are developed, they shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN PARCELS A & D AT THE VILLAGES of Lynnhaven, for Sifen Incorporated", prepared by Porterﬁeld Design Center which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter “Concept Plan”) Ferber Company Central, LLC Agenda Item 5 page 8 of 22 Packet Pg. 173 6.L.a Proﬀer 3 When Parcel "A" is developed and when Parcel "D" is developed. GRANTORS shall create the stormwater retention area, install the landscaping. brick columns and berming as depicted on the Concept Plan. The Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability stormwater retention area will be designed and engineered to feature areas of native wetland and riparian vegetation. In addition to engineering review. the plans for the stormwater retention area shall be reviewed and approved by the Planning Director or designee for consistency with this proﬀer. The sodded berms shall be a minimum of two feet (2') in height measured from a base elevation equal to that of the sidewalk within the Lynnhaven Parkway right-of-way adjacent to the area designated “25’ Landscape Buﬀer” on the Site Plan. Proﬀer 4 When Parcels "B" and "C" are developed, GRANTORS shall create a landscaped stormwater retention area within the area designated "25' Landscape Buﬀer" on the Site Plan, utilizing the same design, landscaping and brick columns utilized on Parcels ''A" and "D", as depicted on the Concept Plan. Proﬀer 5 At the time of the subdivision of the parcels shown on the Site Plan, GRANTORS shall record a no- ingress/egress easement along the portions of the parcels contiguous to Lynnhaven Parkway and Salem Road, except as allowed for ingress/egress as shown on the Site Plan. Proﬀer 6 The number of parcels shall not exceed the four (4) depicted on the Site Plan and no parcel shall be less than one acre in size. Proﬀer 7 Each parcel shall contain a minimum of ﬁve percent (5%) of landscape and open space area in addition to the "2S' Landscape Buﬀer" referenced herein and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in eﬀect at the time of the site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum ﬁve percent (S%) landscape/open space requirement referenced herein. Proﬀer 8 The only use which will be permitted on "Parcel A"' is either a drugstore/pharmacy, an eating a.11d drinking establishment without drive through windows. which does not require a conditional use permit, or a ﬁnancial institution. Proﬀer 9 The only use which will be permitted on "Parcel D" is either a preschool/child care education center, business studios, oﬃces and clinics, or a ﬁnancial institution. Proﬀer 10 Each parcel shown on the Site Plan shall contain pedestrian ways and a bike path connecting said parcels to one another and to the shared boundary with Salem Crossing Shopping Center as indicated on the Site Plan. The pedestrian access ways which cross paved and/or vehicular areas, shall be delineated by the use of paver blocks or other similar architectural treatment. Ferber Company Central, LLC Agenda Item 5 page 9 of 22 Packet Pg. 174 6.L.a Proﬀer 11 No parking spaces or dumpsters on the Property shall be located between Lynnhaven Parkway and/or Salem Road and the respective buildings on each parcel. Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Proﬀer 12 The external building materials, colors and architectural design elements or the building depicted on Parcel "A" shall be substantially the same as shown on the exhibit entitled "Walgreens Pharmacy Picture", dated 4/2/98, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning (hereinafter “Picture"). The architectural design elements of the non-brick portion of the building facade at the store entrance, as depicted on the Picture, shall be replicated on the corner of the building nearest the intersection of Lynnhaven Parkway and Salem Road. Proﬀer 13 The external building materials, colors and architectural design elements of the building depicted on Parcel "D" shall be those depicted and described on the Concept Plan. Proﬀer 14 The external building materials and colors used on the buildings constructed on Parcels "B" and "C" shall be the same building materials and colors used on the buildings on Parcels "A" and "D", excluding accents and windows. The architecture, including pattern of materials and design elements used, of the buildings on Parcels "8" and "C" shall be complementary to the architecture of the buildings on Parcels "A'' and "D''. Elevations and renderings of the buildings proposed for Parcels "B" and "C" shall be reviewed by the Planning Director or designee for compatibility prior to site plan approval. Proﬀer 15 No parcel shall contain more than one (I) principal building, however, for purposes of this proﬀer, an automated teller machine and its supporting structure shall net be considered an additional principal building. An automated teller machine may only be placed on any parcel after approval of a submitted site plan and rendering, by the Planning Director or designee based upon its compatibility with the architecture of the principal building and its compatibility with traﬃc circulation within the Property. Proﬀer 16 All freestanding signage shall be monument style, shall not exceed a height of eight feet (8'), and no portion of the signage on each sign shall protrude beyond the sign face area. Any freestanding sign constructed on a parcel shall have a brick base matching the brick on the principal building. No neon lighting visible from Lynnhaven Parkway, Salem Road, or adjoining property shall be permitted to be placed on the property. Proﬀer 17 The freestanding monument style sign shown on the Concept Plan for Parcel “A” and as depicted on the Picture, shall utilize a white background with red lettering. Proﬀer 18 The pedestrian entry feature to Parcel "A" at the corner of Lynnhaven Park way and Salem Road, as depicted on the Concept Plan, shall utilize pavers, stamped concrete or a combination of the two for the depicted Ferber Company Central, LLC Agenda Item 5 page 10 of 22 Packet Pg. 175 6.L.a walkway areas from the sidewalk within the City right-of-way, back to and around the "Annual Beds" surrounding the "Monument Sign". Proﬀer 19 Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability No automobile services station and no eating and drinking establishment with drive through windows shall be permitted on the Property. Proﬀer 20 The only uses which will be permitted on Parcel ·'B" and Parcel "C" are those which are permitted uses in the B-1A Limited Community Business District. Proﬀer 21 Further conditions may be required by the GRANTEE during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The Comprehensive Plan identiﬁes this area as being in the Suburban Area of the city. The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses (1-60). Commercial development, such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing, scale, and overall design. Outparcels redeveloped with facades on the primary street calm traﬃc and create a face to the development to prepare it for future uses” (p. 12). A “strong street edge” of outparcel redevelopment is seen as the steppingstone to begin and encourage redevelopment on the interior of the subject area. The applicant does not appear to be signiﬁcantly altering the layout of the site beyond the removal of the drive thru canopy. The elevations are standard and is appropriate architecture for the surrounding area. The proposal aligns with the appropriate land use and enhances the area by having ﬁlled a vacant outparcel to occupied with a few upgrades. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc Lynnhaven Parkway 24,200 ADT1 36,900 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 351 ADT Proposed Land Use 3 – 1,636 ADT Ferber Company Central, LLC Agenda Item 5 page 11 of 22 Packet Pg. 176 6.L.a 1 Average Daily Trips 2As deﬁned by an 3As deﬁned by an 4LOS = Level of approx. 3,000 square approx. 3,000 square Service foot bank with drive- foot fast food with Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability thru drive-thru Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP shows this segment of Lynnhaven Parkway as a four-lane minor arterial. There are no CIP projects planned for this area. Public Utility Impacts Water & Sewer The property is connected to City water and sewer. Water and sanitary sewer service must be veriﬁed and improved, if necessary, so that the proposed development will have adequate water pressure, ﬁre protection and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding the request and the date of the Planning Commission public hearing on August 26, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. Ferber Company Central, LLC Agenda Item 5 page 12 of 22 Packet Pg. 177 Proposed Conceptual Site Layout Ferber Company Central, LLC Agenda Item 5 page 13 of 22 Packet Pg. 178 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Proposed Building Elevation Ferber Company Central, LLC Agenda Item 5 page 14 of 22 Packet Pg. 179 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Proposed Building Elevation Ferber Company Central, LLC Agenda Item 5 page 15 of 22 Packet Pg. 180 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Proposed Dumpster Enclosure Ferber Company Central, LLC Agenda Item 5 page 16 of 22 Packet Pg. 181 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Site Photos Ferber Company Central, LLC Agenda Item 5 page 17 of 22 Packet Pg. 182 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Site Photos Ferber Company Central, LLC Agenda Item 5 page 18 of 22 Packet Pg. 183 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Disclosure Statement Ferber Company Central, LLC Agenda Item 5 page 19 of 22 Packet Pg. 184 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability 6.L.a Disclosure Statement 9/24/2024 Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Marchelle L. Coleman 9/24/2024 Ferber Company Central, LLC Agenda Item 5 page 20 of 22 Packet Pg. 185 Disclosure Statement Ferber Company Central, LLC Agenda Item 5 page 21 of 22 Packet Pg. 186 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ferber Company Central, LLC Agenda Item 5 page 22 of 22 Packet Pg. 187 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, B2 Pa rk wa y Ly nn ha ve B2 n B2 B2 A12 Site Property Polygons Zoning Building Ferber Company Central, LLC, a Delaware limited liability company 2061 Lynnhaven Parkway μ Feet Packet Pg. 188 0 15 30 60 90 120 150 180 6.L.a Virginia Beach Planning Commission September 11, 2024 Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Public Meeting Item # 5 Ferber Company Central, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Okay, thank you very much. We will now move to the consent agenda, and I've asked Commissioner Byler to serve as the acting vice chair to walk us through the consent agenda. Ms. Byler: Thank you, Madam Chair. Today we have four items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers signed up in opposition. The first item is agenda item #5, Ferber Company Central, LLC. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Ms. Byler. For the record, Eddie Bourdon, Virginia Beach Attorney representing Ferber Company Central, LLC. My client is in attendance today, and appreciates the kind words that you all had for this application in the informal. We appreciate being on the consent agenda. It's a modification of proffers. So, obviously there are conditions, and appreciate Marchelle’s work on this application. Thank you. Ms. Byler: Thank you, and are the conditions acceptable to your client? Mr. Bourdon: They're in our proffer agreement, so they are acceptable to us, yes. Ms. Byler: Thank you. You may be seated. Ms. Byler: We're going to go back to agenda item #5 to have that read into the record. Commissioner Byler is doing a great job. So we're just going to continue moving forward. Ms. Byler: Thank you. We've asked Commissioner Hippen to please read agenda #5, Ferber Company Central, LLC into the record. Ms. Hippen: The applicant seeks to amend proffers associated with the conditional rezoning approved by City Council on 14 July 1998 to rezone this property from R5-D residential district to conditional B2 community business district to redevelop the site with an eating and drinking establishment with a drive through. The applicant is proposing to modify original proffers from 1998 as well as modify proffers approved in 2001 and 2003 to modify the site layout, renderings, landscaping, and proposed uses on this property in order to adapt a former Bank of America building for reuse as a Panera Bread restaurant with a drive thru. Hearing no objections, this item is being placed on the consent agenda. Ms. Byler: Thank you, Commissioner Hippen. Packet Pg. 189 6.L.a Ms. Byler: The Planning Commission places the following applications on the consent Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0, items 5, 6, 8, 9, and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person, but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Vote Tally AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Packet Pg. 190 6.L.a Proffers Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability Proffer 1 That portion of Proffer numbered “1” in the 2003 Proffers applicable to PARCEL D (“Parcel D Site Plan”) is deleted and replaced with: When Parcel D is redeveloped it shall be developed substantially as depicted and described on the exhibit entitled “SITE PLAN FOR PANERA BREAD 2061 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA”, dated 05-28-2024, as revised 06-24-2024, prepared by CECS, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (“hereinafter “PARCEL D LAYOUT”) Proffer 2 That Portion of Proffer numbered “3” in the 2003 Proffers applicable to Parcel D is deleted and replaced with: When Parcel D is redeveloped, Parcel D shall contain landscaping features substantially in accordance with those depicted and described on the PARCEL D LAYOUT. Proffer 3 Proffer numbered “4” in the 2003 Proffers is deleted and replaced with: The exterior building materials, architectural design elements, and building mounted signage of the existing building, along with the dumpster enclosure, and existing free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added, or replaced, or renovated substantially as depicted and described on the three (3) page exhibit entitled “Elevations – 2061 Lynnhaven Parkway” – 6/27/2024 which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by referenced (hereinafter “Panera Parcel D Elevations”). Proffer 4 Proffer numbered “9” in the 1998 Proffers is deleted and replaced with: The only uses which are permitted on “PARCEL D” are (i) an eating and drinking establishment with a drive thru, (ii) a pre-school childcare education center, (iii) a financial institution; (iv) business studios; (v) offices; or (vi) clinics. Proffer 5 Except as modified or deleted herein, the remaining unchanged proffer covenants, restrictions and conditions applicable to Parcel D, as set forth in the 1998 Proffers, 2001 Proffers, and 2003 Proffers, are hereby ratified and affirmed. Packet Pg. 191 · · Packet Pg. 192 6.L.a Attachment: PLA - 03_ARF Package for Ferber Company Central, LLC (4251 : Ferber Company Central, LLC, a Delaware limited liability company (Applicant) Property Owners: Lynnh) 4TH GENERATION HOME BUILDERS, LLC FOR A CONDITIONAL CHANGE OF ZONING FROM PD-H1 PLANNED UNIT DEVELOPMENT TO CONDITIONAL A-18 APARTMENT DISTRICT (AMENDMENT TO LAND USE PLAN) RE DEVELOP A 25-UNIT RESIDENTIAL TOWNHOUSE CONDOMINIUM COMMUNITY FOR A PARCEL ON COMMUTER DRIVE, DIRECTLY EAST OF 1436 SOUTH INDEPENDENCE BOULEVARD DISTRICT 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 193 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 4TH GENERATION HOME BUILDERS, LLC [Applicant & Property Owner] Conditional Rezoning (PD-H1 Planned Unit Development to Conditional A- 18 Apartment District (Amendment to the Land Use Plan)) for the parcel on Commuter Drive, directly east of 1436 S. Independence Boulevard (GPIN 1476769961). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: October 15, 2024  Background: The applicant is seeking to remove the 2.29-acre parcel from the Timberlake Land Use Plan and rezone the site from PD-H1 Planned Unit Development District to Conditional A-18 Apartment District in order to develop a 25-unit townhome condominium community. The parcel is located off Commuter Drive, with S. Independence Boulevard to the west and Holland Road to the east. The parcel is currently vacant, with a retail and office building to the west, townhomes to the south, and a mini-warehouse and self-storage facility to the east. Five, three-story buildings are proposed, each with a maximum height of 35 feet. The proposed townhouse buildings will have a contemporary modernist design. Materials consist of white premium vinyl siding with horizontal and vertical lap and shake siding, dark brown trim accents, and earthtone brown and gray brick veneer. A 4.5 foot tall freestanding sign is also proposed at the entrance of the development. Each unit will have 2 parking spaces within the driveway in addition to proposed garage spaces. Units 1-16 will each have a rear loading, two-car garage and units 17-25 will have one front-loading garage each. 18 guest parking spaces are also proposed on the site. In addition to the required landscaping, the proffered plan also includes evergreen plantings along the perimeter of the site to provide screening from the adjoining property owners. A 5-foot wide sidewalk will be installed along the frontage of the site, where none exist today. In addition, two BMPs are proposed to address water quality and quantity on site.  Considerations: The proposed development is consistent with the Comprehensive Plan’s vision for the Suburban Area, as it focuses on creating great neighborhoods that maintain and enhance the existing neighborhood, are compatible with the surroundings, and provide quality and attractive buildings that provide effective buffering and livability. The proposed conditional rezoning Conditional A-18 Apartment District will remove Packet Pg. 194 6.L.a 4th Generation Home Builders, LLC Page 2 of 4 Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property the parcel from the Timberlake Land Use Plan and allow for the development of much needed housing in the central area of the City. Staff does not anticipate any negative impacts to the surrounding properties as a result of the proposed development and believes it will provide quality and attractive housing for citizens of Virginia Beach. Based on conversation at the Planning Commission Hearing, which included providing additional open space for the residents, the applicant agreed to revise the Conceptual Site Layout to include mulch paths around the BMPs in addition to the proposed benches for the residents and guests to use for walking dogs and for other leisure outdoor activities. However, after the hearing, the applicant was informed by their engineer that mulch paths would not be feasible since there was insufficient space between the proposed BMPs to provide the required separation between the paths and the BMPs. As such, the applicant revised the plan to include a dog park. The updated plan which is included as an attachment, was submitted before the proffer deadline of 10 days prior to the City Council hearing. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. One letter of support from the Jack Rabbit Storage business to the east was provided to Staff. There is no known opposition to this request.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. PROFFERS Proffer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proffer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference (the "Conceptual Layout Plan"). Packet Pg. 195 6.L.a 4th Generation Home Builders, LLC Page 3 of 4 Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proffer 3 When the Property is developed, it will have no more than twenty-five (25) 3- story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proffer 4 When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26- 24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proffer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) REVISED Conceptual Site Layout Plan dated April 26, 2024, as revised July 14, 2024 and July 15, 2024 Packet Pg. 196 6.L.a 4th Generation Home Builders, LLC Page 4 of 4 Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 197 6.L.a Agenda Item 3 Applicant & Property Owner: 4th Generation Home Builders, LLC Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Planning Commission Public Hearing: September 11, 2024 City Council District: District 10 (Rouse) Project Details Request Conditional Rezoning (PD-H1 Planned Unit Development to Conditional A-18 Apartment District)(Amendment to the Land Use Plan) Staﬀ Recommendation Approval Staﬀ Planner Marchelle Coleman Location Parcel on Commuter Drive, directly east of 1436 S. Independence Boulevard GPIN 1476769961 Site Size 2.29 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped lot / PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Commuter Drive Hampton Roads Transit / PD-H1 Planned Unit Development South Townhomes / PD-H1 Planned Unit Development East Mini-warehouse facility / PD-H1 Planned Unit Development West Retail / PD-H1 Planned Unit Development 4th Generation Home Builders, LLC Agenda Item 3 page 1 of 20 Packet Pg. 198 6.L.a Background & Summary of Proposal Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property • The applicant seeks to rezone a 2.29-acre property from PD-H1 Planned Unit Development District to Conditional A-18 Apartment District to develop a 25-unit residential townhouse condominium community at a density of 10.9 units per acre. • The 2.29-acre property is currently undeveloped and is designated within the Timberlake Land Use Plan (LUP) for commercial use. The Timberlake Land Use Plan was approved by City Council on June 14, 1971. Section 1110 of the Zoning Ordinance allows modiﬁcations to the land use plan through the Conditional Rezoning process; as such, the applicant seeks to amend the Timberlake Land Use Plan to remove this property from the regulations of the LUP. • The submitted Conceptual Site Plan depicts ﬁve, three-story multi-family buildings, and two stormwater management facilities that will be maintained by Condominium Association. Additionally, outdoor park benches are provided, as depicted on the Conceptual Site plan, near both of the proposed stormwater management facilities for residences and guests to utilize. Units 1 through 16 will have rear loading two-car garages with two parking spaces provided within the driveway and Units 17 through 25 will have one front entry loading garage with two parking spaces provided within the driveway. • The townhouses have a contemporary modernist design and will be clad with white premium vinyl siding with horizontal and vertical lap and shake siding, dark brown trim accents, and earthtone brown and gray brick veneer. At the tallest point, the buildings will be 35 feet in height, thus meeting the maximum height requirements in the A-18 Apartment District. • Interior parking lot and building foundation plantings are proposed along with streetscape plantings consisting of canopy trees and evergreen shrubs along Commuter Drive. The proposed landscaping appears to meet the requirements of the Site Plan Ordinance, however, a more detailed review of all screening and planting requirements will occur during ﬁnal site plan review. • Per Section 203(a)(12) of the Zoning Ordinance, two parking spaces per dwelling unit are required. Each unit will meet this requirement. In addition to the required parking, units 1 through 16 will have rear loading two-car garages and units 17 through 25 will have front loading one-car garages. There will also be 18 guest parking spaces throughout the community, as depicted on the Conceptual Site Plan. • A freestanding monument style sign is proposed at the entrance of the development. As proﬀered, the proposed signage will be no taller than four and half feet and will have with materials and colors to match the proposed buildings. The proposed signage meets the requirements of the Zoning Ordinance and includes the required landscaping around the base, as depicted on the Conceptual Site Plan. • Per the Code of Virginia Beach, Section 31-28(d), the City will not make refuse collections on private property. The applicant is aware and will be providing private services for the pick-up and disposal of trash and solid waste for this development. 4th Generation Home Builders, LLC Agenda Item 3 page 2 of 20 Packet Pg. 199 6.L.a Zoning History Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Map Key No. Request MDP (Amend Timberlake Land Use Plan – Automotive Service) Approved 10/12/2004 1 MDP (Amend Timberlake Land Use Plan – Car Wash Facility) Approved 09/09/2003 MDP (Amend Timberlake Land Use Plan – Mini-Warehouses) Approved 2 05/24/1994 CUP (Communication Tower) Approved 10/14/2008 MDP (Amend Timberlake Land Use 3 Plan – Commercial to Residential) Approved 01/18/1982 REZ (PD-H1 Timberlake Land Use 4 Plan) Approved 06/14/1971 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation In Staﬀ’s opinion, this request to modify the Timberlake LUP by rezoning this 2.29-acre parcel from PD-H1 Planned Unit Development to Conditional A-18 Apartment District to develop the site with 25 townhome units is acceptable. As per the Comprehensive Plan, the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reﬂects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide eﬀective buﬀering and livability. Staﬀ ﬁnds that the proposed building design and site layout is attractive and of good quality and deems this proposal consistent with the vision of the Comprehensive Plan for this area. As indicated in Section 1110 of the Zoning Ordinance, modiﬁcations to the land use plan are possible through either a zoning change or by a Conditional Use Permit. The applicant’s intent to amend the Timberlake Land Use Plan through the Conditional Rezoning process to remove this property from the plan is acceptable. As currently shown on the land use plan, the property is designated as commercial, which would allow for the 4th Generation Home Builders, LLC Agenda Item 3 page 3 of 20 Packet Pg. 200 6.L.a property to be developed with principal uses permitted in the B-1A Business District, due to the size of the property being three acres or below. The property has been vacant for decades and has never been developed Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property with a commercial development. The applicant’s request to remove the property from the land use plan to develop the site with townhouses provides much needed housing in the central area of the City and would not negatively impact surrounding properties but develop a vacant property with quality and attractive housing for citizens of Virginia Beach. The site is adjacent to a major transit hub and will abut another townhouse community that accesses S. Independence Boulevard. Information provided by the Virginia Beach City Public School Staﬀ indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of nine students: four students at the elementary school level, two students at the middle school level, and three students at the high school level. While the high school level is over capacity, it is within the acceptable utilization range of less than 10% of optimum capacity. Based on this, the proposal is not expected to negatively impact current student enrollment. It is the opinion of the City’s Traﬃc Engineering Staﬀ that the traﬃc generated by the proposed development will result in 180 average daily trips. According to the Public Works staﬀ, Commuter Drive has adequate capacity to support the proposed development. Since there are no existing sidewalks along Commuter Drive adjacent the property, a ﬁve-foot wide sidewalk will be installed, as depicted on the proﬀered conceptual site plan. In addition, the proposed access point along Commuter Drive meets the Public Works Design Standards Manual (PWDSM) for a commercial entrance with a width of 30 feet, 15-foot radius and 30-foot throat length. This site is located in the Chesapeake Bay watershed. As depicted, two stormwater management facilities are proposed to address water quality and quantity on the property. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above, Staﬀ recommends approval of the request subject to the proﬀers below. Proﬀers The following are proﬀers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proﬀers in an attempt to “oﬀset identiﬁed problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proﬀers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proﬀer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proﬀer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identiﬁcation sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted 4th Generation Home Builders, LLC Agenda Item 3 page 4 of 20 Packet Pg. 201 6.L.a and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on ﬁle with the Virginia Beach Department of Planning and is incorporated herein by this reference Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property (the "Conceptual Layout Plan"). Proﬀer 3 When the Property is developed, it will have no more than twenty-ﬁve (25) 3-story townhouse condominium units in ﬁve (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the ﬁve (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on ﬁle with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proﬀer 4 When the Property is developed, the community identiﬁcation sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the Virginia Beach City Council, is on ﬁle with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proﬀer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proﬀer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staﬀ Comments: Staﬀ has reviewed the Proﬀers listed above and ﬁnds them acceptable. The City Attorney’s Oﬃce has reviewed the agreement and found it to be legally suﬃcient and in acceptable legal form. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. 4th Generation Home Builders, LLC Agenda Item 3 page 5 of 20 Packet Pg. 202 6.L.a 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 Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the “Suburban Area”. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods”, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any signiﬁcant natural resources or cultural features associated with the site. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc Existing Land Use 1 – 0 ADT Commuter Drive No Data Available No Data Available Proposed Land Use 2 –180 ADT 1 as deﬁned by a 2.29-acre 2 as deﬁned by a 2.29-acre undeveloped parcel parcel with 25 townhouse dwelling units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Commuter Drive, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are planned for this area. Public Utility Impacts Water & Sewer There is an existing eight-inch City water main and an existing eight-inch City sanitary sewer main along Commuter Drive. The site must connect to City water and sewer. Water and sanitary sewer service must be veriﬁed and improved if necessary, so that the proposed development will have adequate water pressure, ﬁre protection, and sanitary sewer service. 4th Generation Home Builders, LLC Agenda Item 3 page 6 of 20 Packet Pg. 203 6.L.a School Impacts Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property School Current Enrollment Capacity Generation 1 Change 2 Kempsville Meadows 440 students 490 students 4 students 4 students Elementary Larkspur Middle 1,452 students 1,651 students 2 students 2 students Green Run High 1,749 students 1,716 students 3 students 3 students 1 “Generation” represents the number of students the development will add to the school. 2 “change” represents the diﬀerence between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding the request and the date of the Planning Commission public hearing on August 26, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. 4th Generation Home Builders, LLC Agenda Item 3 page 7 of 20 Packet Pg. 204 Proposed Conceptual Site Layout 4th Generation Home Builders, LLC Agenda Item 3 page 8 of 20 Packet Pg. 205 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Building Elevations 4th Generation Home Builders, LLC Agenda Item 3 page 9 of 20 Packet Pg. 206 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Building Elevations 4th Generation Home Builders, LLC Agenda Item 3 page 10 of 20 Packet Pg. 207 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Building Elevations 4th Generation Home Builders, LLC Agenda Item 3 page 11 of 20 Packet Pg. 208 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Building Elevations 4th Generation Home Builders, LLC Agenda Item 3 page 12 of 20 Packet Pg. 209 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Building Elevations 4th Generation Home Builders, LLC Agenda Item 3 page 13 of 20 Packet Pg. 210 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Proposed Freestanding Signage 4th Generation Home Builders, LLC Agenda Item 3 page 14 of 20 Packet Pg. 211 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Site Photos 4th Generation Home Builders, LLC Agenda Item 3 page 15 of 20 Packet Pg. 212 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Site Photos 4th Generation Home Builders, LLC Agenda Item 3 page 16 of 20 Packet Pg. 213 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Disclosure Statement 4th Generation Home Builders, LLC Agenda Item 3 page 17 of 20 Packet Pg. 214 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Disclosure Statement 4th Generation Home Builders, LLC Agenda Item 3 page 18 of 20 Packet Pg. 215 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property X Disclosure Statement 9/24/2024 Marchelle L. Coleman 4th Generation Home Builders, LLC Agenda Item 3 page 19 of 20 Packet Pg. 216 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property 6.L.a Next Steps Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4th Generation Home Builders, LLC Agenda Item 3 page 20 of 20 Packet Pg. 217 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home PDH1 Dr ive ut er mm Co PDH1 PDH1 PDH1 Site Property Polygons Zoning Building 4th Generation Home Builders, LLC Parcel on Commuter Drive, directly east of 1436 S Independence Boulevard μ Feet Packet Pg. 218 0 15 30 60 90 120 150 180 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 3 4th Generation Home Builders, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Madam Clerk, if you can call our next agenda item number, please. Madam Clerk: Item #3, 4th Generation Homebuilders, LLC. Mr. Bourdon: Madam Chair, for the record, Eddie Bourdon, Virginia Beach Attorney representing 4th Generation. John Oliveria principle, one of the principles of my client is here. Madam Clerk, are there any speakers at all on this application? Madam Clerk: Not at this time. Mr. Bourdon: No. Alright. So we're not aware if there have been any speakers in opposition or anyone in opposition. I know the commercial center directly to the west, there's no opposition from them. My clients have gone to the townhome condominium to the south, and spoken with their management company, and they're well aware, and the residents are well aware of the application, and don't have any opposition to it. The one thing that I will, a couple things I'll mention, on the plan as has been requested by some of the commission members, we will also include a mulch trail from existing sidewalks that are on in the case of the southernmost on two sides of the BMP. We will put a mulch trail around to connect the sidewalks along the southern side of the BMP, and at the eastern end, we'll do the same around that BMP as well, but as was referenced in the informal meeting property is very close to now Trashmore Park, which is I think one of the largest in the city, certainly utilized with lots of amenities, and it's a great location for this project. The landscaping on here is significant. I don't know if it's been really recognized, but there are evergreens that are being planted along the entirety of the Western, Southern, and Southeastern boundary of the property that most particularly will obscure the wall that is the outer boundary of the self-storage facility from the 1980s, the discussion about connectivity, the town home community to the south which was developed over 40 years ago, I believe is an old style RT two five with public streets, and this is a condominium with private streets. We haven't had any rezonings to do, the old style or each by everybody's townhouses on its own little lot. Those have not worked out well, historically. All the townhomes that have been developed in Virginia Beach over the course of pretty much the last 40 years that involved a rezoning to my personal knowledge, all been condominiums. None have been the subdivided townhome lots. Now there may have been some R2.5 zoning, and the PDH zoning that existed from the 70s or before that developed later, but as far as rezonings are concerned townhomes, we have not been rezoning properties to create individual townhome because that those we've had difficulty, and I'm not Packet Pg. 219 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property gonna name communities, but the city's had difficulty as a whole with how they're maintained, whereas the condominium ownership has worked out much better, and the condominium associations, they have to maintain all these common areas, and those have to be paid for by the unit owners, and in smaller condominiums and smaller homeowners associations in single- family situations, maintaining the open spaces, and BMP’s, and amenities gets to be expensive, and in many cases has not worked out traumatic very well. So, I think it's most important that these types of developments, infill developments, especially be in close proximity to what has worked out the best, and that is a larger regional parks that the city maintains. They get a lot of utilization rather than small parks that get very little utilization and become a burden to the homeowners. This is not a commercial development. This is a residential development. I am not the commercial, I don't remember the name of that I heard this morning of this plan. Candidly, I don't know that I've ever read it or seen it, but it only deals with commercial property. It doesn't deal with residential property, and this is an excellent location, an excellent infill, and it's something we very much need. The houses in this development will be in the low fours, which may not be under some people's definition. I actually think it's pretty close to being in the definition of an affordable house in Virginia Beach these days, but that's the price point that's anticipated, and I will be happy to answer any questions? We appreciate the staff's work on this application, and obviously the proffers are ours, and we will add the mulch pass between now and City Council. Ms. Cuellar: Are there any questions for the speaker from the Commission? Commissioner Plumlee? Mr. Plumlee: Thank you. Mr. Bourdon, I would like to first tell you my condolences because I know you had to attend your father's service, and this has come up on you quickly, and I just want to tell you from the bottom my heart, you’re a wonderful attorney, and I very much please express to your entire family, my condolences. Mr. Bourdon: Thank you, Mr. Plumlee. Mr. Plumlee: If I understand correctly what you're saying with regards to the townhome properties, as far as connecting to them because that was my concern, and that's in the commercial pattern book that we connect connections to the primary street with any nearby residential, and include comfortable shaded walking paths and pass through the stormwater amenities. Now you could interpret that as meaning. If that's only business to residential, it's not residential to residential, or you could say when you are in this district, connectivity is one of the strongest ideas behind residential development. We have two side by side residential communities, but we don't have a connecting road. We don't have a connecting road when there's only one road leading in and out of this development project, and from a public safety standpoint, as far as access emergencies that could arise, having that Packet Pg. 220 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property additional roadway is of significant importance. I didn't know whether or not those were private or public streets. It sounds like they're public streets. Mr. Bourdon: On the south side, they're public streets because you have to have street frontage to subdivide property on a public street. So the townhouses in the neighborhood to the south are on a public right of way, and there are individual lots with townhomes on them. This is a condominium with private streets, and not a public street, and to do a public street, you wind up with a 50 foot right of way with different setbacks, and you're talking about to do a public street, and put it through to that public street. First, the likelihood is very significant in my experience that older neighborhood would not want traffic going through its neighborhood, and in this case, because this property is on a major arterial, or a contributed to a major arterial, and basically a commercial area, for this size unit. number of units, you're not lacking in access as the traffic folks have said. So trying to put, and it's also close to again, major road with commercially decides there's fire apparatus available that the fire department won't have a problem serving this piece of property in any fashion. The only access that might be relevant in my experience would be a walkway going through, but to try to put it to, you can't have a private street, and a public street, and public traffic going across private street, and that's what's going to, it's just that we've done this. This isn't the first time this has happened, not by a long shot. Mr. Plumlee: You could place a public easement across the private roads for there to be public access. Mr. Bourdon: The city would have to come in and maintain it, and we'd have to have meet set public street with dedication the whole nine yards. Mr. Plumlee: I believe you were going to, or I'd heard that there was going to be an offer with regards to amenities on the side that were in addition to what's on the current plan. Is that accurate or not? Something around the BMP area, some sort of improvement? Mr. Bourdon: Oh, yes, I mentioned, we're going to add a mulch path. We've already, if you look at the plan there's sidewalks, the southern one, you've got sidewalks on the north and west side, and then we would connect a mulch path along the south side running up to the end of the sidewalk that extends over behind the first of the storage buildings, and then on the far eastern end, or northeastern end, we would go around. That's basically triangular. We put two sides on that with the mulch walkway to connect to the sidewalk that runs along the west side, so we'd have the ability to, for folks who want to walk their dogs, the units that back up to the commercial on the west side have a backyard. The other units that have the two car garage rear loading the elevations, you look at the nice elevations they face, the public street, and then the back of them, there is no backyard. So those are the folks that would have the more likelihood to utilize the green space to take a walk, take most of the time, walk your dogs, things of that nature, but all that Packet Pg. 221 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property landscaping around the property are all maintained by the Homeowner’s Association, as well as the BMP, the two BMPs, and so those are all costs and expenses that they have to bear as part of their monthly fee, the owners of the homes, which again have an effect on affordability. Trying to do it in a reasonable manner, and obviously the public sidewalk along commuter drive is all, we put that in, but that's maintained. It's in the public right away. It's maintained by the city. Mr. Mauch: I'm glad you brought up the commercial pattern book, and because there's so many different things that go that are involved in us making a decision, and we spoke about it earlier. It is my opinion that with this conditional rezoning, I feel like we're pulling it out of that commercial pattern book, That's where my headspace is at, and that it would be putting it now into the, zoning that it would be in. I would think that this would be more under the residential with an understanding that this area should have connectivity, and is that assumption of staff, is that assumption correct that we're pulling it out of the commercial area, and putting it into a residential? Ms. Bookholt: My review of the commercial area pattern book, this property is just outside of one of the study areas. It's not included in the Holland and Independent study area. Mr. Mauch: Okay. I think it's a very creative use of a small space that looks very similar to the surrounding neighborhoods. Ms. Cuellar: Are there any additional questions for the speaker? Thank you very much. I'd like to open up the floor now for discussion or to entertain a motion. Ms. Byler: I make a motion that the application be approved. Ms. Hippen: Second. Ms. Cuellar: The motion has been recommended for approval by Commissioner Byler, seconded by Commissioner Hippen. Is there any further discussion on this item? Mr. Plumlee: I would like to address this. The confusion over the pattern book, and the locations I think is significant in the way that we use our comp plan, and it needs tremendous clarity to become of any value in our process of evaluation, and I think this is an example of it, but more than that, I really want housing. I really want housing. Okay. I don't want to be the guy pushing developers out that are bringing housing particularly to an area like this, but I look around I say what are these folks gonna look at when they go into their houses, and they look out, and they see a mini warehouse with cinder block. I mean, there's not even a pretty mirror on any of it, you know. On the other side, they have this silver leaf parking lot for the Hampton Roads transit operation that's defunct currently. They're surrounded by highways basically, and it's going to be bigger. We've got the Holland Road Packet Pg. 222 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Capital Improvement Project coming to expand right in that area, so there's going to be more traffic, and they're surrounded, you know, encapsulated here, but still we need housing. So, so that makes me go vote for it because it's going to bring 25 units that can help people in our community right now, but I have concerns about the process of our evaluation, and our use of our comp plan, and I have concerns about this location. Mr. Bourdon is correct. He's an excellent advocate, that there is a park nearby, but how do you get there? You don't get there on a bike. You don't get there on foot. Not if you have any kind of common sense, so really, at least they're going to have a doggy path around the BMPs with a mulch walkway, and something of value. Let's just hope this is the igniter of some additional significant development for this shopping center location to bring redevelopment money, and with some reluctance, I'll support it. Ms. Cuellar: Thank you, Mr. Plumlee. Is there any further discussion? Staff will now call for the vote. Madam Clerk: The vote is open. By a recorded vote of 8 to 0, item #3, 4th Generation Homebuilders, LLC. has been approved. Ms. Cuellar: Okay, we're ready for the next agenda item. Vote Tally AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property is removed from the PDH-1 Zoning District and the use of the Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Packet Pg. 223 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Development District as adopted with the creation of this PDH-1 District, as they may have been previously revised. Proffer 2 When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units and open spaces areas substantially as depicted and described on the exhibit entitled, "CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by this reference (the "Conceptual Layout Plan"). Proffer 3 When the Property is developed, it will have no more than twenty-five (25) 3-story townhouse condominium units in five (5) buildings, with each townhouse unit containing a minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through 16 as depicted on the Conceptual Layout Plan shall have a two (2) car rear entry garage and the depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan shall have a front entry one (1) car garage. Each building shall utilize the quality architectural features, design elements and exterior building materials substantially as depicted and described on the five (5) pictorial exhibit designated "Timberlake Quay Townhome Elevations", which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Townhome Elevations"). Proffer 4 When the Property is developed, the community identification sign depicted on the Conceptual Layout Plan shall be externally illuminated and shall be constructed and maintained using the materials and dimension substantially as depicted on the Exhibit entitled "TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by this reference (the "Sign Elevations"). Proffer 5 When the Property is developed, the Grantor shall record a Condominium Declaration submitting all of the Property, and where applicable any easements outside the public rights of way, to a mandatory membership Condominium Unit Owners' Association which shall own and be responsible for maintaining all areas outside of the residential units. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Packet Pg. 224 6.L.a From: Marchelle L. Coleman Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property To: Marchelle L. Coleman Subject: FW: Rezoning Comments - GPIN 1476769961 Date: Wednesday, August 7, 2024 2:08:30 PM Attachments: image001.png From: Jack Aspinwall <jack@greatatlanticmgmt.com> Sent: Wednesday, August 7, 2024 1:06 PM To: Kristin A. Bauer <KBauer@vbgov.com> Subject: Rezoning Comments - GPIN 1476769961 CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello - I am the managing member of the Jack Rabbit Storage at 4293 Holland Road, Virginia Beach, 23452. We are the next door neighbor to parcel 1476769961 and we fully support its rezoning application. We hope the city will approve the rezoning. Thank you, Jack Aspinwall, MAI, CCIM I President 303 35th Street, Suite 101, Virginia Beach VA 23451 Jack@GreatAtlanticMgmt.com I (757) 473-8181 Packet Pg. 225 Packet Pg. 226 6.L.a Attachment: PLA - 04_ARF Package for 4th Generation Home Builders, LLC (4252 : 4th Generation Home Builders, LLC (Applicant & Property Owner) Conditional Rezoning (PD-H1 Planned U) MELLIE VALIANOS-REYNOLDS / VALIANOS PROPERTIES, LLC FOR A MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT AND A CONDITIONAL USE PERMIT RE AUTOMOBILE REPAIR GARAGE AT 619 LONDON BRIDGE ROAD DISTRICT 3 (APPROVED 1978) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 227 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MELLIE VALIANOS-REYNOLDS [Applicant] VALIANOS PROPERTIES, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit and Conditional Use Permit (Automobile Repair Garage) for the property located at 619 London Bridge Road (GPIN 1496876542). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: October 15, 2024  Background: The applicant is requesting to modify the conditions associated with a Conditional Use Permit for a Bulk Storage/Building Contractor’s Yard approved by the City Council in 1978. More specifically, the applicant seeks to remove Condition 5, which prohibits any building from being built within 600 feet of London Bridge Road, in order to construct a 2,400 square foot automobile repair garage on the site. The applicant is also seeking approval of a Conditional Use Permit for an automobile repair garage. The proposed automobile garage facility will be located adjacent to the existing bulk storage office which is currently occupied by shipping containers that will be removed from the site at the time of construction. The building will be a prefabricated metal building with two roll-up bay doors and two doors. The automobile garage will solely be used to maintain and repair vehicles stored in the bulk storage yard and will not be open to the general public. No additional employees are anticipated for the operation of the garage. The hours of operation proposed are Monday through Friday from 8:00 a.m. to 5:00 p.m. The applicant underwent a Navy Easement Compliance Review in May of 2024 where it was determined that the proposed use was permitted under the terms of the Grants of Easement.  Considerations: Staff finds the use to be compatible with the Comprehensive Plan’s recommendations for the West Oceana Special Economic Growth Area as well as with the AICUZ regulations and other industrial, warehousing, and repair uses located in this area of London Bridge Road. There are no adverse traffic impacts anticipated as the site will not be open to the public. At the time of the 1978 Conditional Use Permit, the site was larger with street line frontage on London Bridge Road requiring a deep setback to accommodate possible future development at Naval Air Station Oceana. In the early 2000s sites with street line Packet Pg. 228 6.L.a Mellie Valianos-Reynolds Page 2 of 4 frontage on London Bridge Road began to be developed with buildings fronting Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos London Bridge Road eliminating the need for a deep setback. For these reasons, Staff found, and the Planning Commission concurred, the requests to be acceptable. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to these requests.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. Conditions for Conditional Use Permit (Automobile Repair Garage) 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six- foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. Packet Pg. 229 6.L.a Mellie Valianos-Reynolds Page 3 of 4 Conditions for Modification of Conditions (Bulk Storage and Building Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Contractor’s Yard) 1. All previous conditions attached to the Conditional Use Permit for Bulk Storage and Building Contractor’s Yard approved on November 13, 1978, shall be deleted and replaced with the following conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six- foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of fifty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in eight at time of planting. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No sale of motor vehicles shall be permitted. 5. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 6. Standard improvements as required by the Site Plan Ordinance. 7. An acceptable sewage system to be approved by the Health Department. 8. Right-of-way improvements will be necessary on London Bridge Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 9. No sale or processing of scrap, salvage, or second-hand material will be permitted. 10. A fence or wall not less than six feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. Packet Pg. 230 6.L.a Mellie Valianos-Reynolds Page 4 of 4 11. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage on London Bridge Road (a 15-foot dedication and a 15-foot reservation) shall be dedicated and shall be reserved.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 231 6.L.a Agenda Items 8 & 9 Applicant: Mellie Valianos-Reynolds Property Owner: Valianos Properties, LLC Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Planning Commission Public Hearing: September 11, 2024 City Council District: District 3 (Berlucchi) Project Details Requests Modiﬁcation of Conditions Conditional Use Permit (Automobile Repair Garage) Staﬀ Recommendation Approval Staﬀ Planner Alexis Bailey Location 619 London Bridge Road GPIN 1496876542 Site Size 5.11 acres AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Bulk Storage and Building Contractor’s Yard / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Precision Drive Industrial Oﬃce / I-1 Light Industrial South Quality Court Industrial Oﬃce, warehouse / I-1 Light Industrial East Undeveloped lot / I-1 Light Industrial West Industrial Oﬃce / I-1 Light Industrial Mellie Valianos-Reynolds Agenda Items 7 & 8 page 1 of 17 Packet Pg. 232 6.L.a Background & Summary of Proposal • The applicant is seeking a Modiﬁcation of Conditions and a Conditional Use Permit to construct and Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos operate an Automobile Repair Garage at 619 London Bridge Road. • On November 13, 1978, City Council approved a Conditional Use Permit for Bulk Storage/Building Contractor’s Yard on this 5.11 acre parcel zoned I-1 Light Industrial. Condition 5 of the 1978 Conditional Use Permit restricted construction of any building within 600 feet of London Bridge Road. The applicant seeks to modify this condition to construct a 40-foot by 60-foot (2,400 square foot) automobile repair garage within this 600-foot buﬀer from London Bridge Road. The proposed building, as indicated on the elevation plan, will be 16 feet tall. • The site of the proposed automobile repair garage is currently occupied by shipping containers that will be removed from the property prior to the construction of the building. • The automobile repair garage will be used to service and repair equipment and vehicles stored on the bulk storage yard. The garage will not be open to the public. The automobile repair garage will be a prefabricated metal building with two roll-up bay doors and one two entrance doors. • There will be no additional employees. • The hours of operation will be Monday through Friday from 8:00 a.m. to 5:00 p.m. • Per Section 203(a)(24) of the Zoning Ordinance, the current oﬃce requires seven parking spaces and per Section 203(a)(16) of the Zoning Ordinance the proposed automobile repair garage would require three parking spaces. The site will meet and exceed the required 10 parking spaces by 49 spaces. • The site of the bulk storage yard is fully enclosed by a six-foot privacy fence, as conditioned in the existing Conditional Use Permit. • The site is located in the greater than 75 dB DNL and Accident Potential Zone -2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) and is encumbered by a Navy Restrictive Easement that limits use of the property to those considered compatible with Naval ﬂight operations. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 2 of 17 Packet Pg. 233 6.L.a Zoning History Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Map Key Request No. CRZ (B-2 Community Business District & I-1 Light Industrial District and 1 Conditional I-1 Light Industrial District) Approved 07/09/2024 CUP (Bulk Storage Yard) Approved 2 12/06/2022 CUP (Automotive Repair Garage) 3 Approved 10/01/2019 MDC Approved 02/16/2016 4 CUP (Outside Storage of Vehicles) Approved 05/12/1998 CUP (Bulk Storage Yard) Approved 08/12/2003 5 CUP (Contractor’s Storage Yard) Approved 02/24/1998 CUP (Bulk Storage) Approved 6 03/13/2001 CUP (Equipment Storage Yard with an 7 Oﬃce Warehouse) Approved 07/05/2000 CUP (Bulk Storage and Building 8 Contractor’s Yard) Approved 11/13/1978 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation In Staﬀ’s opinion, this request for a Modiﬁcation of Conditions and an Automobile Repair Garage is acceptable. This property is identiﬁed in the Comprehensive Plan as being within the Special Economic Growth Area (SEGA) 2- West Oceana. As mentioned previously, the property is also located in the greater than 75 dB noise zone of the AICUZ and the APZ-2, and encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site. The Comprehensive Plan supports development of this area Mellie Valianos-Reynolds Agenda Items 7 & 8 page 3 of 17 Packet Pg. 234 6.L.a consistent with the City’s AICUZ Ordinance and the City’s economic growth strategy, as preferred uses in the higher noise zones and the accident potential zones tend to be industrial in nature. The existing and proposed use of this site is consistent with other industrial, warehousing, and repair uses located in this area of London Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Bridge Road. The 1978 Conditional Use Permit evaluation does not provide any contextualization for the inclusion of Condition 5, which prohibits any buildings to be constructed within 600 feet of London Bridge Road. Possible explanations may be the sites proximity to Naval Air Station Oceana and close proximity to the residential dwelling that has since been demolished. At that time, the site was larger with street line frontage on London Bridge Road requiring a deep setback to accommodate possible future development at NAS Oceana. In the early 2000s sites with street line frontage on London Bridge Road began to be developed with buildings fronting London Bridge Road eliminating the need for a deep setback. As noted in the application, the applicant intends to only use the site for the maintenance and repair of vehicles stored within the existing bulk storage yard on the property. The site will not be open to the public and will not have any additional employees. A condition has been recommended by Staﬀ to ensure that the existing Bulk Storage Yard comes into compliance with today’s standards for screening Bulk Storage Yards. Category VI landscaping to include a minimum six-foot tall privacy fence with Category I plant material is required, per Section 228 of the Zoning Ordinance. While there is an existing six-foot privacy fence on the property, the property will be brought into compliance with Category I plantings to be installed along areas of the existing six-foot tall privacy fence that does not provide planting materials. In addition, the landscape plan shall include plantings on a minimum of ﬁfty (50) percent of the side of the building facing the Precision Drive right-of-way. The planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. The applicant is aware of and amendable to this condition. Further review of the landscaping will be completed during ﬁnal site plan review. Given that there are no adverse traﬃc impacts and that the use is compatible with the surrounding area and the AICUZ, Staﬀ recommends approval of this request subject to the conditions and exhibits below. Recommended Conditions for CUP for Automobile Repair Garage 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certiﬁcate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of ﬁfty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and Mellie Valianos-Reynolds Agenda Items 7 & 8 page 4 of 17 Packet Pg. 235 6.L.a shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Recommended Conditions for MDC of Bulk Storage and Buidling Contractor’s Yard 1. All previous conditions attached to the Conditional Use Permit for Bulk Storage and Building Contractor’s Yard approved on November 13, 1978, shall be deleted and replaced with the following conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certiﬁcate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of ﬁfty (50) percent of the side of the building facing the Precision Drive right-of- way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in eight at time of planting. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No sale of motor vehicles shall be permitted. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 5 of 17 Packet Pg. 236 6.L.a 5. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos 6. Standard improvements as required by the Site Plan Ordinance. 7. An acceptable sewage system to be approved by the Health Department. 8. Right-of-way improvements will be necessary on London Bridge Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 9. No sale or processing of scrap, salvage, or second-hand material will be permitted. 10. A fence or wall not less than six feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. 11. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage on London Bridge Road (a 15-foot dedication and a 15-foot reservation) shall be dedicated and shall be reserved. 1978 Conditional Use Permit Conditions 1. Standard improvements as required by the Site Plan Ordinance. 2. An acceptable sewage system to be approved by the Health Department. 3. Right-of-way improvements will be necessary on London Bridge Road; this includes the pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. No sale or processing of scrap, salvage, or second-hand material will be permitted. 5. No building is to be erected within 600 feet of London Bridge Road. 6. A fence or wall not less than 6 feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. 7. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 227.08 foot frontage of London Bridge Road (a 15-foot dedication and a 15-foot reservation). Comprehensive Plan Recommendations This project falls in the Suburban Area within the West Oceana Special Economic Growth Area (SEGA). The primary guiding principle for SEGA’s is to promote economic growth and value in special areas (p. 2-84). With the location of this property falling in the greater than 75 dB and APZ 2 of the Noise Zone of the AICUZ and an Mellie Valianos-Reynolds Agenda Items 7 & 8 page 6 of 17 Packet Pg. 237 6.L.a industrial use district, this is an acceptable location for this use. Additionally, this use aligns with the appropriate land use within the SEGA. Natural & Cultural Resources Impacts Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos The site is located in the Chesapeake Bay and is outside the Resource Protection Area. There are no known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc London Bridge Road 33,780 ADT1 36,900 ADT 1 (LOS 3 “D”) No Change Anticipated2 Precision Drive No Data Available 9,900 ADT 1 (LOS 3 “D”) No Change Anticipated2 1 Average Daily Trips 2As deﬁned by a repair garage and 3LOS = Level of proposed 2,400 existing bulk storage Service square foot auto yard Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a divided four-lane Major Suburban Arterial roadway that is included in the MTP as a future divided roadway with a bikeway on a 120-foot right-of-way section. No direct access from London Bridge is being proposed and direct access would not be allowed. Precision Drive is an undivided two-lane local industrial street that is not shown in the MTP and the section adjacent to the site is not aﬀected by any CIP projects. Public Utility Impacts Water The site is already connected to City water. There is an existing 8-inch City water main along Precision Drive and within a public utility easement along the western property line. Sewer The site is already connected to City sanitary sewer. There is an existing 8-inch sanitary sewer gravity main along Precision Drive and within a public utility easement along the western property line. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 7 of 17 Packet Pg. 238 6.L.a Public Outreach Information Planning Commission Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos • As required by the Zoning Ordinance, the public notice signs were placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding the request and the date of the Planning Commission public hearing on August 26, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 8 of 17 Packet Pg. 239 Proposed Site Layout Mellie Valianos-Reynolds Agenda Items 7 & 8 page 9 of 17 Packet Pg. 240 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Proposed Elevation Plan Mellie Valianos-Reynolds Agenda Items 7 & 8 page 10 of 17 Packet Pg. 241 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Proposed Building Renderings Mellie Valianos-Reynolds Agenda Items 7 & 8 page 11 of 17 Packet Pg. 242 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Site Photos Mellie Valianos-Reynolds Agenda Items 7 & 8 page 12 of 17 Packet Pg. 243 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Site Photos Mellie Valianos-Reynolds Agenda Items 7 & 8 page 13 of 17 Packet Pg. 244 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Disclosure Statement Mellie Valianos-Reynolds Agenda Items 7 & 8 page 14 of 17 Packet Pg. 245 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Disclosure Statement Mellie Valianos-Reynolds Agenda Items 7 & 8 page 15 of 17 Packet Pg. 246 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Disclosure Statement Mellie Valianos-Reynolds Agenda Items 7 & 8 page 16 of 17 Packet Pg. 247 6.L.a Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Mellie Valianos-Reynolds Agenda Items 7 & 8 page 17 of 17 Packet Pg. 248 6.L.a I1 Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds Precision Drive Precision Drive B2 I1 I1 Quality Court Quality Court Site Property Polygons Zoning Building Mellie Valianos-Reynolds 619 London Bridge Road μ Feet Packet Pg. 249 0 25 50 100 150 200 250 300 6.L.a Virginia Beach Planning Commission September 11, 2024 Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos Public Meeting Item # 8 & 9 Mellie Valianos-Reynolds Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Hippen. The next item is on the agenda as items #8 and #9, Mellie Valianos-Reynolds, property owner. Is there a representative here to speak on this item? Welcome. Please state your name for the record. Ms. Reynolds: Thank you, Madam Chair and Commission. Mellie Valianos-Reynolds. Ms. Cuellar: And are the conditions acceptable to you? Ms. Reynolds: Yes ma’am, they are. Ms. Byler: Thank you. You may be seated. We have asked Commissioner Parks to please read this into the record. Mr. Parks: Thank you. The applicant is seeking the modifications of conditions in the conditional use permit to construct and operate an automobile repair garage at 619 London Bridge Road. Condition 5 of the 1978 conditional use permit restricted construction of any building within 600 feet of London Bridge Road. The applicant seeks to modify this condition to construct a 40 foot by 60 foot automobile repair garage within 600 feet of London Bridge Road. The proposed building, as indicated on the elevation plan, will be approximately 16 feet tall. The site of the proposed automobile repair garage is currently occupied by shipping containers that will be removed from the property prior to construction of the building. The automobile repair garage will be used to service and repair equipment and vehicles stored in the bulk storage yard. The garage will not be open to the public. The automobile repair garage will be prefabricated metal building with two roll up bay doors and one entrance door. Hearing no objections and with a favorable staff report, we felt this was appropriate for the consent agenda. Ms. Byler: The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Packet Pg. 250 6.L.a Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0, items 5, 6, 8, 9, and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the remainder of the meeting, either virtually or in person, but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Packet Pg. 251 6.L.a Vote Tally Attachment: PLA - 05_ARF Package for Mellie Valianos-Reynolds (4253 : Mellie Valianos-Reynolds (Applicant) Property Owner: Valianos AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certiﬁcate of Occupancy that shows the following: a. The required Category VI landscaping along the existing minimum six-foot tall privacy fencing to meet current landscape screening standards for Bulk Storage Yards. b. A minimum of ﬁfty (50) percent of the side of the building facing the Precision Drive right-of-way shall be installed with plantings. Planted areas must be a minimum of three (3) feet in width and shrubs planted immediately adjacent to the building shall be a minimum of eighteen (18) inches in height at time of planting. 2. No sale of motor vehicles shall be permitted. 3. No outside storage or display of equipment, parts, tires, or materials shall be permitted on this site. 4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London Bridge Road or parked on the street along 619 London Bridge Road. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. Packet Pg. 252 AARON C. DAVENPORT / AARON & KENDRA DAVENPORT FOR A CONDITIONAL USE PERMIT RE SHORT TERM RENTAL AT 421 22ND STREET DISTRICT 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 253 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AARON C. DAVENPORT [Applicant] AARON & KENDRA DAVENPORT [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 421 22nd Street (GPIN 2427082711). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom single-family dwelling located at 421 22nd Street.  Considerations: The Short Term Rental request is for an existing 2-bedroom single-family dwelling, located within the Oceanfront Resort (OR) Short Term Rental Overlay District. The immediate surrounding area consists predominately of single-family and low- density multifamily dwellings. There are no current or past violations associated with this property and the 2 required parking spaces are provided on site. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 421 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Packet Pg. 254 6.L.a Aaron C. Davenport Page 2 of 4 5. This Conditional Use Permit shall expire five (5) years from the date of Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property 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. Packet Pg. 255 6.L.a Aaron C. Davenport Page 3 of 4 12. Accessory structures shall not be used or occupied as Short Term Rentals. Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form Packet Pg. 256 6.L.a Aaron C. Davenport Page 4 of 4 prescribed by the Planning Department and shall be provided during the Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 257 6.L.a Agenda Item 12 Applicant: Aaron Davenport Property Owner: Aaron & Kendra Davenport Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Planning Commission Public Hearing: September 11, 2024 City Council District: District 6 (Remick) Project Details Request Condi onal Use Permit (Short Term Rental) Staﬀ Recommenda on Approval Staﬀ Planner Garek Hall Hannigan Loca on 421 22nd Street GPIN 2427082711 Site Size 3,900 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Exis ng Land Use and Zoning District Single-family dwelling / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22nd ½ Street Single-family dwellings / OR Oceanfront Resort South 22nd Street Mul -family dwellings / OR Oceanfront Resort East Duplex dwelling / OR Oceanfront Resort West Mul -family dwellings / OR Oceanfront Resort Aaron Davenport Agenda Item 12 page 1 of 13 Packet Pg. 258 6.L.a Background & Summary of Proposal  This 3,900 square-foot parcel contains an exis ng Single-family dwelling and detached garage. The Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property parcel is zoned OR Oceanfront Resort District. According to City records, this dwelling was constructed in 1930.  The property lies within the Residen al Parking Permit Program (RPPP) boundary, where parking during the evening and overnight hours is prohibited. Based on this, Condi on 4 is recommended to prohibit the occupants of the STR from parking on the street during the restricted hours.  Staﬀ inspected the site on July 12, 2024, to observe site condi ons for this report.  Since this property was not registered with the Commissioner of the Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Condi onal Use Permit prior to opera ng.  Known Short Term Rental ac vity as of July 23, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity Aaron Davenport Agenda Item 12 page 2 of 13 Packet Pg. 259 6.L.a The applicant submitted a Conditional Use Permit for a Short Term Rental unit addressed 421 22 nd Street. The regulations for Short Term Rental use are identified in Section 241.2 and Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property  Number of bedrooms in the Short Term Rental: 2  Maximum number of guests permitted on the property after 11:00 pm (maximum 2 per room): 4  Number of parking spaces required (1 space per bedroom required): 2  Number of parking spaces provided: 2 Zoning History Map Key No. Request CUP (Short Term Rental) Approved 07/07/2020 CUP (Short Term Rental) Approved 1 07/07/2020 CUP (Short Term Rental) Approved 07/07/2020 2 NON Approved 04/10/2012 CRZ (A-12 to Condi onal RT-3) Approved 3 12/09/2008 4 NON Approved 11/28/2000 5 ALT Approved 03/11/2014 CUP (Short Term Rental) Approved 6 08/11/2023 Applica on Types CUP: Condi onal Use Permit MDP: Modiﬁca on of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Condi onal Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁca on of FVR: Floodplain Variance Condi ons ALT: Alterna ve Compliance Evalua on & Recommenda on In Staﬀ’s opinion, this proposed Short Term Rental unit is consistent with requirements of the Oceanfront Resort Short Term Rental overlay district outlined in Sec. 2303 of the City Zoning Ordinance, as well as Sec. 5.2 of the Oceanfront Resort district Form-based Code. Aaron Davenport Agenda Item 12 page 3 of 13 Packet Pg. 260 6.L.a The Short Term Rental request is for an exis ng 2-bedroom single-family dwelling, constructed in 1930 per City records, which is located in the 400 block on the north side of 22 nd Street. The exis ng dwelling is located within the Ocean Resort (OR) Short Term Rental Overlay District. The immediate surrounding area consists Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property predominately of single-family and low-density mul family dwellings. The subject dwelling unit has not yet been adver sed nor u lized as a Short Term Rental, according to City records and Host Compliance. Due to these factors, there is no previous history for Staﬀ to analyze regarding compliance with exis ng ordinances. The parking plan for this applica on provides the required two spaces in the driveway oﬀ of the alley and there is an addi onal space in the detached garage. For the reasons stated above, Staﬀ recommends approval of this request with the condi ons listed below. Recommended Condi ons 1. The following condi ons shall only apply to the dwelling unit addressed as 421 22 nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administra on) 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 Sec on 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Condi onal Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Condi onal Use Permit may be administra ve and performed by the Planning Department; however, the Planning Department shall no fy the City Council in wri ng prior to the renewal of any Condi onal Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, viola ons of its condi ons or viola ons of any building, housing, zoning, ﬁre or other similar codes. 6. No events associated with the Short Term Rental shall be permi ed with more than the allowed number of people who may stay overnight (number of bedrooms mes 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 Sec on 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 condi ons 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 no fy the new property owner of requirements ‘a’ through ‘c’ below. This informa on must be submi ed to the Planning Aaron Davenport Agenda Item 12 page 4 of 13 Packet Pg. 261 6.L.a Department for review and approval. This shall be done within six (6) months of the property real estate transac on closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property and b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registra on; and c) Proof of liability insurance applicable to the rental ac vity of at least one million dollars. 9. To the extent permi ed by state law, each Short Term Rental must maintain registra on 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 Sec ons 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collec on), 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 sec ons 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 loca on approved by the Zoning Administrator, that iden ﬁes 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) consecu ve days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental ac vity at registra on and renewal of at least one million dollars ($1,000,000) underwri en by insurers acceptable to the City. 16. There shall be no outdoor ampliﬁed sound a er 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property a er 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 mul plied by three (3). 18. The property owner, or their representa ve, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspec on shall include: 1) At least one ﬁre ex nguisher 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 construc on and interconnected. Units constructed prior to interconnec on 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 ac vated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Aaron Davenport Agenda Item 12 page 5 of 13 Packet Pg. 262 6.L.a Proper es managed by Short Term Rental Companies cer ﬁed by the Department of Planning shall only be required to be inspected every three years. The inspec on for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property prescribed by the Planning Department and shall be provided during the yearly permi ng process. Proper es may be inspected annually for compliance with the requirements above by cer ﬁed Short Term Rental Management Companies or Cer ﬁed Home Inspectors. The compliance inspec on shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspec on report shall be provided to the city every three (3) years indica ng all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspec on (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permi ed on each level of these structures and placards indica ng the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further condi ons may be required during the administra on of applicable City Ordinances and Standards. Any site plan submi ed with this applica on 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 Inspec ons Division, and the issuance of a Cer ﬁcate of Occupancy, are required before any approvals allowed by this applica on are valid. The applicant is encouraged to contact and work with the Crime Preven on Oﬃce within the Police Department for crime preven on techniques and Crime Preven on Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Aaron Davenport Agenda Item 12 page 6 of 13 Packet Pg. 263 6.L.a Public Outreach Informa on Planning Commission Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property  As required by the Zoning Ordinance, the public no ce sign(s) was placed on the property on August 15, 2024.  As required by State Code, this item was adver sed in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024.  As required by City Code, the adjacent property owners were no ﬁed regarding the request and the date of the Planning Commission public hearing on August 26, 2024.  This Staﬀ report, as well as all reports for this Planning Commission’s mee ng, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. City Council  As required by City Code, this item was adver sed in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024.  As required by City Code, the adjacent property owners were no ﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024.  The City Clerk’s Oﬃce posted the materials associated with the applica on on the City Council website of h ps://clerk.virginiabeach.gov/city-council on October 11, 2024. Aaron Davenport Agenda Item 12 page 7 of 13 Packet Pg. 264 Site Layout Aaron Davenport Agenda Item 12 page 8 of 13 Packet Pg. 265 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Site Photo Aaron Davenport Agenda Item 12 page 9 of 13 Packet Pg. 266 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Disclosure Statement Aaron Davenport Agenda Item 12 page 10 of 13 Packet Pg. 267 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Disclosure Statement Aaron Davenport Agenda Item 12 page 11 of 13 Packet Pg. 268 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Disclosure Statement 9/30/2024 Garek Hall Hannigan Aaron Davenport Agenda Item 12 page 12 of 13 Packet Pg. 269 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property 6.L.a Next Steps  Upon receiving a recommenda on from Planning Commission, this request will be scheduled for a City Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Council public hearing. Staﬀ will inform the applicant and/or their representa ve of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision le er from Staﬀ.  Once the condi ons of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁca on that the condi ons 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 condi ons may be required during the administra on of applicable City Ordinances and Standards. Any site plan submi ed with this applica on 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 Inspec ons Division, and the issuance of a Cer ﬁcate of Occupancy, are required before any approvals allowed by this applica on are valid.  The applicant is encouraged to contact and work with the Crime Preven on Oﬃce within the Police Department for crime preven on techniques and Crime Preven on Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Aaron Davenport Agenda Item 12 page 13 of 13 Packet Pg. 270 6.L.a A36 nue A12 Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron c Ave A12 A36 Balti S t re et d Hal f 22 n RT4 OR OR c Balti ue OR Aven St reet 22nd OR Site Property Polygons Zoning Building Aaron C. Davenport 421 22nd Street μ Feet Packet Pg. 271 0 10 20 40 60 80 100 120 AARON C. DAVENPORT STR VICINITY MAP Packet Pg. 272 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 12 Aaron C. Davenport Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. We have one more agenda item number. Madam clerk, could please call that. Madam Clerk: Item #12, Aaron C. Davenport. Ms. Cuellar: Mr. Davenport, if you could please come forward. Mr. Davenport: Thank you, Madam Commissioner, and fellow commissioners. My name is Aaron Davenport. I'm a retired Coast Guard service disabled Virginia vet. I want to thank Garrek Hannigan for his help with the application process. This is about I want to share about the property. This is a historic, almost hundred year, old classic 1930s 300 square foot Virginia Beach bungalow with a historic maple tree between a large two car garage, parking pads for almost three cars. My wife Kendra, and I bought this at during COVID, and put in thousands of dollars to restore the place, and to preserve this historic bungalow, and many of its really unique features. I'm proud to say today it's one of the nicest properties on the street. My family intends to keep this in the family. I have no intention to sell. A short-term rental gives the opportunity for my family, extended family, and friends to use this while it's a short-term rental. If it was long term, we wouldn't be able to use it as you know it's very small, and thank you for an opportunity to speak with you about this unique property. Ms. Cuellar: Do I have any questions for this speaker? Mr. Plumlee: Thank you, sir, for coming down today. I'm sorry you couldn't make it last time to present on your behalf. The parking in the back is accessible through the alley, is it either direction or is it a one-directional alley? Mr. Davenport: Actually it is two ways, but I wouldn't try to pass something. So 22 and a half street? Yes, that's two way. Mr. Plumlee: Okay, and there's also parking in the front street, 22nd street as well? Mr. Davenport: Yes, that's public parking, but I have an oversized garage that fits to, actually I have a 2500 Sierra with an eight foot bed, and I can fit in a king cabin, I could fit in the garage. So it's bigger than any other garage I've seen around, and it also has this a large parking pad with an apron around, so you can actually fit three cars, but we don't want that many people in this. That's why it's for two bedrooms. It's small, and we want to preserve this property. Mr. Plumlee: Have you been in touch with your immediate neighbors and surveyed their support of what you're doing? Packet Pg. 273 6.L.a Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property Mr. Davenport: Yeah, all around me is short-term rentals, and I've got McThrift at one end of the street and some other yeah, so there's short terms, there's one long term next, but right across is short-terms, there's a bunch of short-term rentals. Mr. Plumlee: And there have been some violations noted earlier, we had an informal proceeding and there were discussions about violations. Had that come up to you? Had anybody presented that to you as the owner there prior to today? Mr. Davenport: No. Ms. Cuellar: Any other questions from the commission? At this time, I'm going to open up the floor to entertain a motion and further discussion. Ms. Hippen: Move to approve. Mr. Plumlee: Second. Ms. Cuellar: We have a motion for approval by Commissioner Hippen, and a second by Commissioner Coston. Any further discussion? Mr. Mauch: I think there was some conversation about the maximum number of persons per room. Just for clarity, making sure it is three instead of two that was on our sheet. Ms. Bookholt: Yes, it's listed correctly in the conditions. It's max two per bedroom. Mr. Mauch: For the record, I just want to make sure that we all do understand that even though there are violations, there's some good short-term rentals out there, but I think it's incumbent upon our city to make sure that we're trying as hard as we can, knowing that we're understaffed in that position in that role to make sure that people are conforming as best as possible, and It'll be a growing concern as we approve more. Just wanted that known for the record. Ms. Cuellar: Thank you, and we certainly appreciate citizens such as Mr. Davenport coming forward today, filling out the required paperwork. Ms. Hippen: I want to put this on the record. The violations were not on Mr. Davenport's property. So, I moved to have this approved because I don't feel that he should be held up because of the violations of people around him. He's trying to do the right thing, and he's coming forward in the process, and I believe that's the reason why I moved to approve this. Mr. Plumlee: I agree with that sentiment. When you have property, and you're there at times, and not there at times, it's always good to know these things, and Packet Pg. 274 6.L.a these things were brought to us today. There was an objector at the previous Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property hearing, so we felt it necessary to address that issue, and they weren't your violations. It wasn't about your property. I just want to be clear about that. Ms. Cuellar: If there's no further discussion, staff will now call for the vote. Madam Clerk: Vote is now open. By a recorded vote of 8 to 0, Item #12, Aaron C. Davenport has been approved. Ms. Cuellar: Okay thank you very much. I'd like to thank everyone who participated today. I'd like to thank the staff, especially for preparing this agenda for us for the commissioners for their work, and I certainly on behalf of the commission, I'd like to thank Elizabeth Novak for her service to our city. It's certainly Virginia Beach's loss, and Norfolk's gain, but we know you're passionate about historic preservation, and they must be delighted that you can share, that you can share your talent with them. So thank you, and you're always welcome to come back on a Wednesday. So we'd love to see you again, and wish you all the best in your career. Our meeting is adjourned. Packet Pg. 275 6.L.a Vote Tally Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 421 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 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. Packet Pg. 276 6.L.a 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property 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 Packet Pg. 277 6.L.a effect at the of construction and interconnected. Units constructed prior to interconnection Attachment: PLA - 06_ARF Package for Aaron C. Davenport (4254 : Aaron C. Davenport (Applicant) Aaron & Kendra Davenport (Property requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Packet Pg. 278 TRAVIS SMITH / TRAVIS & ELIZABETH SMITH FOR A CONDITIONAL USE PERMIT RE SHORT TERM RENTAL AT 304 28TH STREET, UNIT 205 DISTRICT 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 279 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRAVIS SMITH [Applicant] TRAVIS AND ELIZABETH SMITH [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street Unit 205 (GPIN 24280028662005). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 15, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Playa Rana Condominiums located at 304 28th St, Unit 205.  Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 11 approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) 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. Packet Pg. 280 6.L.a Travis Smith Page 2 of 4 Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 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- Packet Pg. 281 6.L.a Travis Smith Page 3 of 4 Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be Packet Pg. 282 6.L.a Travis Smith Page 4 of 4 Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 283 6.L.a Agenda Item 10 Applicant: Travis Smith Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Property Owner: Travis Smith and Elizabeth Smith Planning Commission Public Hearing: September 11, 2024 City Council District: District 6 (Remick) Project Details Request Conditional Use Permit (Short Term Rental) Staﬀ Recommendation Approval Staﬀ Planner Alexis Bailey Location 304 28th Stret Unit 205 GPIN 24280028662005 Site Size 53,138 square feet (974 square feet unit) AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Condominium Complex / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street Hotel / OR Oceanfront Resort South 27th Half Street Single-family dwellings, Multi-family dwellings / A- 12 Apartment / A-36 Apartment East Restaurant / OR Oceanfront Resort West Artic Avenue Grocery Store and Single-family dwelling / OR Oceanfront Resort / R-5S Residential Travis Smith Agenda Item 10 page 1 of 14 Packet Pg. 284 6.L.a Background & Summary of Proposal Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street Unit 205. The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overﬂow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staﬀ did not discover any past violations or City Council action. • According to the applicant, this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of August 21, 2024 is shown in the chart below: REGISTERED WITH THE COMMISSIONER CURRENTLY ADVERTISED LAST KNOWN RENTAL OF THE REVENUE No N/A No Short Term Rentals in the Vicinity Travis Smith Agenda Item 10 page 2 of 14 Packet Pg. 285 6.L.a Summary of Proposal Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identiﬁed in Section 241.2 of the City Zoning Ordinance. Speciﬁc details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of oﬀ-street parking spaces provided: 1 Travis Smith Agenda Item 10 page 3 of 14 Packet Pg. 286 6.L.a Zoning History Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Map Request Key No. CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 07/09/2024 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved Application Types 06/01/2021 1 CUP: MDC: Modiﬁcation of CUP (Short Term Rental) Approved Conditional Conditions 04/06/2021 Use Permit MDP: Modiﬁcation of Proﬀers CUP (Short Term Rental) Approved REZ: NON: Nonconforming Use 04/06/2021 Rezoning STC: Street Closure CUP (Short Term Rental) Approved CRZ: FVR: Floodplain Variance 10/20/2020 Conditional ALT: Alternative Compliance CUP (Short Term Rental) Approved Rezoning SVR: Subdivision Variance 09/08/2020 07/25/2020 LUP: Land Use Plan CUP (Short Term Rental) Approved STR: Short Term Rental 09/08/2020 07/25/2020 CUP (Housing for the Elderly) Approved 04/23/1996 CUP (Short Term Rental) Approved 2 08/16/2022 FVR Approved 08/08/2006 CRZ (RT-3 Resort Tourist, A-36 Apartment and 3 A-12 Apartment to Conditional RT-3 Resort Tourist) Approved 05/09/2006 Travis Smith Agenda Item 10 page 4 of 14 Packet Pg. 287 6.L.a Evaluation & Recommendation Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of nine eleven approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall ﬁnd that there is no public inconvenience with the current parking design.” Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staﬀ recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Oﬀ-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, ﬁre or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Travis Smith Agenda Item 10 page 5 of 14 Packet Pg. 288 6.L.a Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Oﬃce and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (ﬁres on the beach), 12-43.2 (ﬁreworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identiﬁes the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor ampliﬁed sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Travis Smith Agenda Item 10 page 6 of 14 Packet Pg. 289 6.L.a 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 Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional carbon monoxide detectors are installed in accordance with the building code in eﬀect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every ﬂoor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certiﬁed by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certiﬁed Short Term Rental Management Companies or Certiﬁed Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 28, 2024 and September 4, 2024. Travis Smith Agenda Item 10 page 7 of 14 Packet Pg. 290 6.L.a • As required by City Code, the adjacent property owners were notiﬁed regarding the request and the date of the Planning Commission public hearing on August 26, 2024. Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on September 5, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 1, 2024 and October 8, 2024. • As required by City Code, the adjacent property owners were notiﬁed regarding both the request and the date of the City Council’s public hearing on September 30, 2024. • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on October 11, 2024. Travis Smith Agenda Item 10 page 8 of 14 Packet Pg. 291 Site Layout & Parking Plan Travis Smith Agenda Item 10 page 9 of 14 Packet Pg. 292 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Site Photos Travis Smith Agenda Item 10 page 10 of 14 Packet Pg. 293 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Disclosure Statement Travis Smith Agenda Item 10 page 11 of 14 Packet Pg. 294 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Disclosure Statement Travis Smith Agenda Item 10 page 12 of 14 Packet Pg. 295 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Disclosure Statement Travis Smith Agenda Item 10 page 13 of 14 Packet Pg. 296 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 6.L.a Next Steps Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Travis Smith Agenda Item 10 page 14 of 14 Packet Pg. 297 6.L.a OR nue Str eet Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth OR c Ave 28th Arcti Str eet OR 28th OR OR OR v fic A Paci OR et enue St r e A12 t alf Cour t h H A36 27 t r ee Reef A12 h S t 27t R5S OR Street OR 27th A12 P1 Site Property Polygons Zoning Building Travis Smith 304 28th Street, Unit 205 μ Feet Packet Pg. 298 0 20 40 80 120 160 200 240 Travis Smith STR VICINITY MAP Packet Pg. 299 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 10 Travis Smith Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is on the agenda as item #10, Travis Smith. Is there a representative here to speak today? Welcome. Please state your name for the record. Mr. Smith: Good afternoon. I'm Travis Smith. Ms. Byler: Thank you for being here. Are the conditions acceptable to you? Mr. Smith: Yes, ma'am. Ms. Byler: Thank you. You may be seated. We have asked Commissioner Plumlee to read this into the record. Mr. Plumlee: This is an application for short-term rental at 304 28th Street Unit 205. It appears by staff to meet all the requirements for short-term rental application. There were no prior violations indicated on this data sheet, and there was no objection either from the public or any member of the Planning Commission, and therefore it's appropriate for the consent agenda. Ms. Byler: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda items 5, 6, 8, 9, and 10. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Byler? Ms. Hippen: So moved. Mr. Plumlee: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on the any items on the consent agenda? The motion for approval is made by Commissioner Hippen, seconded by Commissioner Plumlee. Madam Clerk: The vote is now open. By a vote of 8 to 0, items 5, 6, 8, 9, and 10 have been recommended for approval on the consent agenda. Ms. Cuellar: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for participating today. You are welcome to join us for the Packet Pg. 300 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional remainder of the meeting, either virtually or in person, but certainly you are free to leave as well. Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Vote Tally AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental Packet Pg. 301 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 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). Packet Pg. 302 6.L.a Attachment: PLA - 07_ARF Package for Travis Smith (4255 : Travis Smith (Applicant) Travis & Elizabeth Smith (Property Owners) Conditional 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Packet Pg. 303 ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 RE THE URBAN FOREST MANAGEMENT PLAN, 2023, WHICH WILL SUPERSEDE THE URBAN FOREST MANAGEMENT PLAN, 2014 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 304 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016, THE URBAN FOREST MANAGEMENT PLAN, 2023, WHICH WILL SUPERSEDE THE URBAN FOREST MANAGEMENT PLAN, 2014 MEETING DATE: October 15, 2024  Background: The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long-term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city’s urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. Although the city lost 1.34% of the Urban Tree Canopy (UTC) between 2012 and 2018, the plan maintains the goal of achieving 45% UTC by 2045. The Urban Forest Management Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virigina Beach Comprehensive Plan, 2016, superseding the Urban Forest Management Plan, 2014. A copy of the plan is provided.  Considerations: Internal and external stakeholders were part of the plan creation, and public engagement was completed through in-person meetings and an online survey. Staff is unaware of any opposition to the proposed amendment. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report.  Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 1.  Attachments: Staff Report and Disclosure Statements Ordinance Minutes of Planning Commission Hearing Urban Forest Management Plan, 2023 Packet Pg. 305 6.L.a City of Virginia Beach – Urban Forest Management Plan, 2023 Page 2 of 2 Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 306 6.L.a Agenda Item 1 Applicant: City of Virginia Beach Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Planning Commission Public Hearing: September 11, 2024 The Urban Forest Management Plan, 2023 Request An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016, the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 Summary of Request The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long- term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city’s urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. The Parks and Recreation Department asks that the Planning Commission approve the updated plan to be incorporated into the Virginia Beach Comprehensive Plan. Recommendation Staﬀ recommends approval of this ordinance to adopt and incorporate the Urban Forest Management Plan, 2023 into the Comprehensive Plan, 2016, and replace the Urban Forest Management Plan, 2014. City of Virginia Beach Agenda Item 1 page 1 of 3 Packet Pg. 307 Packet Pg. 308 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Packet Pg. 309 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business will be the regular agenda. Madam Clerk, we're ready for the first item on the regular agenda. Madam Clerk: The first item is item #1, City of Virginia Beach. Ms. Costanza: Good afternoon. My name is Brooke Costanza. I'm the City Arborist for Virginia Beach. I'm here to present the Urban Forest Management Plan for 2023. We would like this incorporated into the fuller comprehensive plan for the city. We have done a couple of urban tree canopy or a few urban tree canopy studies. The last one we did was in 2018, and comparing that to 2012, we actually have lost 1.4% of our urban canopy. So, what this document does is it goes through guidelines on how the city can achieve a goal of 45% urban tree canopy by 2045 that was established by city council in 2014. We are keeping that goal for this particular document as well. We have gone through some internal review and public engagement. We have had a couple of public meetings to present this to the public. We also have presented this to the Open Space Committee. We also have shared it throughout the city, throughout all the departments, and have had lots of good comments come back, and we have modified that document based on their comments that have come back. Ms. Cuellar: Okay. Thank you very much. Are there any questions of the applicant from the planning commission? Commissioner Plumlee? Mr. Plumlee: Hey there, how are you today? Thank you so much for your work. I really do appreciate it. I had brought up at the informal some concerns about the stakeholders involvement in the creation of the document. Do you know when it was advertised to the public for comment, this particular version 2023? Ms. Constanza: Yes, we advertised that November last year. Mr. Plumlee: November of last year? Ms. Costanza: Correct. Mr. Plumlee: And were the meetings with the stakeholders, were those also held last year? Ms. Constanza: Yes. Internally, they were done at the end of summer of last year. For the public, it was done in the fall. So October-November, November is when we actually had the public meetings, and we had a an online survey up for, I believe it's three months from November until January, and advertise that online as well. Packet Pg. 310 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Mr. Plumlee: Okay. That's good to hear. There were several objectives set forth that are called measurable objectives, and I had asked you this question in the in the informal because I was concerned about these being mandates, but I think you are pointing out that these are objectives, and not necessarily mandates. Can you explain that, and that because it may come up in the future as to whether or not these are mandates, but it's being presented to us as these are objectives, and I want to get your position on that. Ms. Constanza: Yes, so a few of those statistics in there are stating that you have to, I think you presented, you have to plant this many acres in order to achieve the skull, and that's if we don't follow, certain objectives, we don't do tree preservation, then we would have to plant this many acres in order to achieve that goal because we are losing this amount of acreage per year, but a lot of those objectives are things that we are already doing when it comes to future considerations. Those are just things that we're going to look at in the future. So, I don't know if that kind of answers your question. Mr. Plumlee: Just being specific. So, it says implement measures to preserve 350 acres of urban tree canopy in any given year. That is not a mandate, is what you're saying? Ms. Constanza: That is not a mandate. Mr. Plumlee: It would also require that we're properly tracking, and that we have the facility to properly track whether or not we are in fact destroying more than 350 or whether we're getting close to that. What are the tracking measures that are going to be put in place so that we know because this is sort of real time, right? So, we're getting these applications coming in, and we need to take out 10 acres of trees in order to construct something that's being requested. How will we be able to know where we are on our goal of 350 acres? Ms. Constanza: Sure. One thing that we're doing for city property, we can't necessarily do this on private property, but we are tracking all tree removals, and tree plantings on city properties. Another thing that we're doing, we just had a flyover to measure the tree canopy in Virginia Beach. It's called LiDAR. It's basically a laser that comes through, measures the elevation of basically everything. Then you compare it to a heat tracking map. So, we're doing that every, we did it six years ago. We're doing it again now, so we're doing that every so often so we can track the percentage over time on private and public lands. Mr. Plumlee: We also have a request for a strategy to have a thousand acres of tree preservation, and/or planting each year for the next 13 years. That's also part of the objectives. Would that also fall under the same sort of tracking method that you just described? Packet Pg. 311 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Ms. Costanza: Yes, we track all of our tree planting, tree preservation as well, but all of our tree planting is tracked on a map called VB Trees that we created in- house with our GIS team. Mr. Plumlee: Where I would be hard pressed to know where we would be in our immediate process of considering applications. If we're doing this on an every five or six year basis where we do a heat map, I can't, the LiDAR project, which I think are expensive, and take some time to perform, how are we going to make real time decisions knowing where we're coming out on the preservation or the destruction side with regards to this objective. Ms. Costanza: So you're saying because of the large time frame between those studies, it's hard to make a decision, a policy decision or a decision on your behalf, right? It is a hard question, right? Because a lot of that tree removal is done on private property, which is something that we can't necessarily track. So, I would say we have a public access map. So, you can actually track the tree removals versus tree plantings, and that actually counts it per year, or even you can do a six month time frame, and it'll show you how many removals versus plantings we've had on city property. When it comes to private property, we do not have that kind of control. Mr. Plumlee: So that's what worries me about having these goals set. These objectives in this fashion because we're putting it up against measures. Let's think about this, it's 2023, we're already into the 2014 plan, quite a distance, or no, I'm sorry, this is a 2024. It's the 2023 document being updated in 2024, that was actually the 2022 document, but we're doing it for 2014, and if it were going to be another five years down the road before we know city wide where we are in our accounting of trees, and as you say, we can't track that on private property, the usefulness becomes problematic in my view, and that's just an opinion on my part. One other question, one subject question was I believe in the 2023 version, I still have the 2022 in front of me because I couldn't get printed out in time to 2023. There is a proposal to have sort of a tree bank for lack of a better phrase, in-farm regions of our city for tree plantings to offset impacts of development. Can you describe that? Ms. Costanza: So I believe that was in the future considerations. So the future considerations are more ideas that were taken from maybe other localities that are something to think about in the future instead of something that we want to implement right now. This is something, that would be something that we'd have to talk to a lot of different stakeholders about. These are just ideas that are included in the document, so that we can talk about them later. Mr. Plumlee: So it was for the purpose because it was listed along those objective measurables or what is it measurable objective. It was listed among those in the 2023. I did catch it online. Has there been any discussion about incentivizing private landowners throughout the city to plant trees? And, there were discussions of tax credit and tax incentives. Had there ever been any discussion among the public in general that if you're a landowner, and Packet Pg. 312 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to you'd like to improve your property with a tree that there could be some credit given for that effort? Ms. Costanza: I have heard that somebody did bring it before. I'm not sure if it was city council that they did bring an easement idea before City Council, where if you have a certain canopy of tree on your private property, then you would get some kind of tax break of some sort, the property tax I'm assuming. We also do have that idea in the document for future considerations as well. Mr. Plumlee: I noticed the explanation about the impacts of 100 trees, 105 trees per acre on average, having a drainage effect of 100,000 gallons of stormwater in our city, and stormwater is a very significant problem throughout the city, and so I really do appreciate this plan, and find some real positive to it. Obviously, I see some weaknesses on measuring this goal as we go through, but whatever we can do to advance the technology of tracking our canopy, I think would be of high importance. Thank you very much. Ms. Cuellar: Are there any other questions from commissioners? Madam Clerk, do we have any speakers? Madam Clerk: Yes, we have one speaker, Eddie Bourdon. Mr. Bourdon: Thank you, Madam Chair. I'll be brief. I'm not opposed to this at all. and I've served on the Green Ribbon Committee since its inception, and I did confirm that we heard a little bit about this update at a meeting that was dominated by discussion of the trees that we need to plant that Dominion Power is paying for because of the clearing for the large transmission line serving the offshore wind energy project. This didn't get a lot of my focus, and I haven't been available to until yesterday to try to look this up. I had my secretary look it up, and all we could find was the 2022 update. I'm again, not opposed to this at all, and as Billy Allman's who's here and our committee has been very supportive of the of some of the ideas, many of the ideas in here and most importantly, to follow on Mr. Plumlee's comments, at the state level we have been attempting, and we may soon get stormwater credit for trees, which is a financial incentive, and on the Green Ribbon Committee has been my advocacy, and I'm pretty much everyone agrees that we need to incentivize this not so much tell people what they can and can't do with their trees, because then the trees will be gone pretty fast when you start going down that road. So, the incentives, and I know Rob Goodman's been working on to try to get a plan in place to save live oaks and things like that, which all these are very good things, and I'll end this by simply saying, the document that you're voting on, my secretary, who's good on the computer, not me could not find, we found the 2022, and personally, I didn't have a chance to read it for other reasons, but, and I would like the opportunity to read it, but that can happen between now and City Council as far as I'm concerned, I'm not here to oppose or, what y'all wish to do, but the ideas, there are a lot of ideas, most of them are very good, mandates are not a good idea in my view. Thank you. Packet Pg. 313 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : City of Virginia Beach – An Ordinance to Ms. Cuellar: Thank you. Thank you, Mr. Bourdon. Are there any questions for the speaker? Any additional speakers, Madam Clerk? Madam Clerk: No. Ms. Cuellar: Okay. I'd like to open up the floor for discussion or to entertain a motion. Ms. Byler: I move that this ordinance be adopted, and incorporated into the Virginia Beach Comprehensive Plan. Ms. Hippen: Second. Ms. Cuellar: I have a motion by Commissioner Byler. for approval of this item to be adopted into the comprehensive plan. Second by Commissioner Hippen. Discussion? Having no discussion, we can open the vote. Madam Clerk: The vote is now open. Item #1 has been recommended for approval by a vote of 7 to 1. Ms. Cuellar: Thank you very much. Madam Clerk, if you call our next agenda item number, please. Vote Tally AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Packet Pg. 314 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : UPDATE 2 0 2 3 URBAN FOREST MANAGEMENT PLAN PARK & LANDSCAPE SERVICES | PLANNING, DESIGN & DEVELOPMENT PREPARED BY: Stromberg Garrigan & Associates, Inc. | WPL Site Design Packet Pg. 315 Acknowledgments 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Parks & Recreation Public Utilities Michael Kirschman | Director of Parks and Recreation William Christian | Engineer III Shirley Deibler | Deputy Director of Parks and Recreation James Plaatsman | Engineer II Frank Fentress | Park and Landscape Services Administrator Brooke Costanza | City Arborist Virginia Beach Public Schools Susan French | Former City Arborist Melisa Ingram | Executive Director of Facilities Services Symsi Denson | Park and Landscape Coordinator Tim Cole | Former Sustainability Officer Rob MacPherson | Landscape Architect Kyle Gilmer | Former GIS Analyst Corinna Green | Planner III Jay Brewster | Planner II Housing and Neighborhood Preservation Robert Buchardt | Inspector Supervisor Wells Freed | Housing Code Administrator Brian Crouch | Landscape Inspector II Jeff Klindienst | Landscape Inspector II Agriculture Mary Prier | Former Marketing Manager (in memoriam) Jenny McPherson | Rural Community Coordinator Public Works City Attorney’s Office Michael Mundy | Stormwater Program Manager (Engineer IV) Greg Surber | Associate City Attorney Sue Kriebel | Former Stormwater Engineer (Engineer III) Brian Proctor | Traffic Engineer (Engineer IV) The Center for Geospatial Information Services Tim Copeland | Real Estate Agent Zand Bakhtiari | GIS Systems Analyst II Tara Copeland | Media and Communications Coordinator David Arnold | Former GIS Production Manager (Systems Analyst III) Planning Consultants Seth Edwards | Development Services Center Administrator Stromberg/Garrigan & Associates, Inc. Carrie Bookholt | Development Services Center Deputy Director WPL Site Design Jeff Klindienst | Landscape Architect Kevin Kemp | Zoning Administrator PJ Scully | Planning Evaluation Coordinator 2023 Urban Forest Management Plan 2 Packet Pg. 316 Table of Contents 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Acknowledgments................................................ 2 Table of Contents...................................................3 Overview..................................................................4 Introduction............................................................. 5 The UTC. ................................................................. 6 Assessment.............................................................7 Benefits of Single Trees....................................... 8 Benefits of Trees as a Forest. ............................ 9 Tree Metrics............................................................ 11 Mapping Gain & Loss.......................................... 14 Public Engagement..............................................19 Management & Collaboration..........................20 Next Steps. ...........................................................22 Future Considerations........................................26 Conclusion............................................................. 31 Marshview Park, Virginia Beach, VA 2023 Urban Forest Management Plan 3 Packet Pg. 317 Overview 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Purpose of the UFMP Update Mission • Strive to maintain that annual tree canopy loss is not greater than the annual tree canopy gain, therefore The purpose of the Virginia Beach Urban Forest The mission of the Plan Update is to preserve and expand resulting in a net gain. Management Plan Update is to identify immediate the City of Virginia Beach’s urban forest and cultivate its and long-term priority actions to preserve, expand, stewardship for an adaptable, healthy, sustainable, and • Greatly expand and proactively undertake tree and diversify a sustainable urban forest for Virginia vibrant community. preservation, replacement planting, and reforestation Beach. This document updates the previous Urban efforts. Forest Management Plan adopted in 2014. It provides Vision a current assessment of the city’s urban forest and establishes a clear set of priorities, objectives, projects, By 2045, Virginia Beach will achieve 45% tree canopy and recommendations for managing and collaborating coverage by planting, nurturing, and protecting a diverse, Measurable Objectives with partners and stakeholders on positive urban forest regenerative urban forest in partnership with the local • Establish tree replacement equivalency in terms growth. community, which includes residents, business owners, of size, maturity, ecological benefit, and economic developers, nonprofit organizations, and government value for use in assessment of replanting efforts, entities. Virginia Beach will be a model city for tree reforestation, and potential tree replacement bonds. management and green infrastructure that supports the long-term health, well-being, and adaptability of the city, • Ensure adequate resources, human and otherwise, its environment, its residents, and its economy. to track and record real-time tree loss and tree planting, building on the efforts currently in place Plan Priorities specifically for City property, to be able to better project actual UTC loss and gain in between periodic Acknowledging a nearly 2,082-acre net loss of Virginia aerial assessments. Beach’s urban forest infrastructure between 2012 and 2018, which significantly impacts the health, safety, and • Implement active measures to preserve and protect welfare of the Virginia Beach community, we will: Virginia Beach’s existing urban forest so that no more than 353 acres (the current average yearly gain) of • Accept that unless a shift in community philosophy, UTC are lost in any given year to ensure that the City public policy, and tree infrastructure valuation occurs, is not losing more tree canopy than it is gaining. the measurable Urban Tree Canopy (UTC) goal of 45% reaffirmed in this plan will likely not be achieved. • Develop a detailed schedule and strategy to achieve a 45% tree canopy by 2045, with the understanding • Preserve and protect Virginia Beach’s existing urban that a multi-faceted approach including tree forest infrastructure preservation, education and tree planting is essential to mitigate yearly loss. • Minimize the foreseeable impacts to the existing urban forest infrastructure. • Outline a yearly preservation and/or planting strategy to maintain 45% tree canopy once the target has been reached. The Urban Forest in the Pembroke Area, Virginia Beach, VA 2023 Urban Forest Management Plan 4 Packet Pg. 318 Introduction 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : What Are the Urban Forest and the Change Assessment completed for the City of Virginia events and maintaining the integrity of the land on which Beach by the University of Vermont Spatial Analysis the city sits. Acting as natural stormwater infrastructure, Urban Tree Canopy? Laboratory, a conservative estimate for a the average tree a healthy urban forest prevents excess runoff, reduces The U.S. Forest Service’s 2011 Vibrant Cities & Urban canopy size of an individual tree in the city was 414 square sudden flood effects, and filters out pollutants from paved Forests report defines urban forests as “systems of trees, feet. From this average canopy size, the approximate surfaces before they reach larger bodies of water. other vegetation, and water within any urban area. They number of trees can then be estimated. According to the 2012-2018 Tree Canopy Change Assessment, there In highly developed areas, the urban forest also lowers air can be understood as dynamic green infrastructure that are approximately 6.6 million trees estimated to exist in temperatures and reduces the urban heat island effect by provides cities and municipalities with environmental, Virginia Beach. releasing moisture into the atmosphere, providing shade, economic, and social benefits. Urban forests are forests and absorbing reflective heat from impervious surfaces for people.” In other words, the urban forest is more and structures, which can reduce energy consumption and than just a collection of trees. It comprises the trees Why Is the Urban Forest costs. Additionally, the urban forest has positive economic and everything integral to their ecosystem within our community. According to the U.S. Forest Service, urban So Important? and social effects, such as increasing property values, boosting activity in commercial districts, strengthening forests “include urban parks, street trees, landscaped A healthy urban forest is vital for maintaining the quality of community engagement and pride, encouraging physical boulevards, gardens, river and coastal promenades, life in Virginia Beach, defined broadly as the city’s public activity, and discouraging crime. Many of these benefits greenways, river corridors, wetlands, nature preserves, health, safety, and welfare. The direct and indirect benefits were discussed in the 2014 Urban Forest Management shelter belts of trees, and working trees at former of an urban forest are numerous, but one important benefit Plan, which found that apartments and offices rent industrial sites.” As the 2014 Urban Forest Management is the ability of a healthy urban forest and its root system more quickly and have a higher occupancy rate when Plan noted, Virginia Beach’s urban forest is a vital to intercept rainfall and absorb millions of gallons of surrounded by a tree canopy and that homes planted with component of the city’s infrastructure, as important as stormwater per year. In a low-lying city like Virginia Beach, trees sell more quickly and are worth more money than efficient transportation and clean water. with an average elevation of 12 feet above sea level, those without. interception of stormwater is crucial to mitigating flood Urban tree canopy, or “UTC” for short, has a more quantifiable definition than urban forest. It is blanket term for measurable tree coverage in a given area, referring to the size, in square feet or acres, of the layer of leaves, branches, and stems of trees that cover the ground when viewed from above. Based on the 2012-2018 Tree Canopy A healthy Urban Forest functions as a network of green infrastructure that provide a broad set of systemic community-wide economic, health, and safety benefits. Red Wing Park, Virginia Beach, VA 2023 Urban Forest Management Plan 5 Packet Pg. 319 The UTC 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Virginia Beach’s Urban Tree Canopy (UTC) The review of Virginia Beach’s urban tree canopy in this Plan Update builds upon and refines findings in the University of Vermont Spatial Analysis Laboratory’s 2012- 2018 Tree Canopy Change Assessment. The assessment established metrics and used tree coverage data from 2012 and 2018 to estimate the change in Virginia Beach’s UTC over that six-year time frame. Using LiDAR (light detection and ranging) aerial mapping technology, the data from the 2012-2018 assessment indicated that Virginia Beach’s UTC, based on total land 196,598 acres coverage, dropped from 41.7% to 40.3% (a total of 1.34% net reduction). Relative to the total tree canopy area, this would equate to a 3.2% loss, which amounts to 2,082 net acres of tree canopy. This equates to approximately 219,105 trees. The goal of this plan is to achieve a 45% Urban Tree Canopy (UTC) by the year 2045. * A 40% tree canopy was a goal for municipalities previously set as a benchmark in a 1997 article from American Forests Magazine, a publication of the oldest national non-profit conservation organization in the US. American Forests also cites a national analysis by U.S. Forest Service researchers specifying that “a 40-60 percent urban tree canopy is attainable under ideal conditions in forested states.” Given that Virginia Beach is located in a forested region, 40% should be the baseline for the UTC in the city, with 45% being the target goal recommended in the 2014 Urban Forest Management Virginia Beach’s UTC Coverage in 2018 Plan and reiterated in this Plan Update. 2023 Urban Forest Management Plan 6 Packet Pg. 320 Assessment 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Benefits of Trees and the Urban Forest Environmental & Health The City of Virginia Beach calculated the value of the Virginia Beach’s urban forest contributes to the city’s ▪ Improve air quality by absorbing and filtering pollutants ecosystem services provided by its existing UTC to overall sustainability as a community and to the quality of life of its residents. The path to a sustainable community, ▪ Reduce greenhouse gases by direct carbon sequestration and through avoided carbon emissions be almost $446M in 2018 USD annually based on the benefits derived from an average tree with a 414-square as defined by the Urban Sustainability Directors Network from reduced energy use foot canopy. In 2022, this would equate to roughly $493M. (USDN), includes the common elements of “a healthy ▪ Save energy by directly shading building and through the cooling effects of transpiration The economic values of Virginia Beach’s ecosystem environment, a strong economy, and the well-being of services are based on the cost of obtaining these same people living in the community.” The tree canopy plays ▪ Mitigate overall air temperature extremes and reduce urban “heat island” effect services without the benefit of having trees. Without numerous roles within the city and affects all areas of trees, additional infrastructure such as filtration systems, sustainability, including but not limited to stormwater ▪ Help manage stormwater, reduce flooding, and improve water quality check dams, and ponds, would need to be built to meet management, energy use, air and water quality, wildlife state and federal environmental quality standards for habitat, public health, economic viability, social equity, ▪ Support wildlife populations and overall biodiversity stormwater mitigation and erosion control. Without trees, and overall livability. ▪ Reduce ultraviolet radiation levels air pollution and ambient temperatures would be far Economic less mitigated through transpiration. Whole ecosystems Since trees are the defining element of the urban forest, it is important to establish the value that a tree provides ▪ Save energy and cut costs for summer cooling (shade) and winter heating (windbreak) would be greatly affected, with no trees contributing to pollination and fewer habitats for insects, mammals, to the community. There are both direct and indirect benefits from trees, and these benefits compound ▪ Increase property values, benefiting homeowners and increasing local tax revenues and birds. The local lumber industry and various other tree byproducts would essentially cease to exist. The when trees are working together in the same area. The ▪ Boost commercial district activity wellbeing of the public would also suffer from lack of trees “natural capital” of the urban forest can be categorized, as with other contributing factors, to a community’s ▪ Support green industry jobs in streets and open space. These would be just a few of overall sustainability, into environmental, economic, and ▪ Reduce cost to taxpayers for traditional “gray” infrastructure (like treatment plants and stormwater the ramifications of not having trees, and they underscore the value of trees in our city. social benefits. These benefits are collectively known as pipes) ecosystem services, which are often defined as direct ▪ Supply wood products — ranging from recycled material such as mulch, to hardwood furniture, and A summary of the annual value of the ecosystem services and indirect contributions of natural systems to human provided by the city’s UTC is outlined below: fuel for energy production well-being — in other words, any positive benefit that wildlife or ecosystems provide to people. Social In The Sustainable Urban Forest: A Step-by Step ▪ Promote public health and well-being Approach, published by the Davey Institute and the U.S. ▪ Encourage physical activity by creating attractive, shaded outdoor spaces Forest Service, Urban Forester Michael Leff summarizes the ecosystem services provided by trees: ▪ Discourage crime and create safe places to gather ▪ Strengthen community engagement and revitalize neighborhoods ▪ Promote social equity and environmental justice for neglected communities ▪ Supply nuts healthy edibles — fruit and ▪ Provide solace, spiritual sustenance, and a sense of place *Values are in 2018 USD 2023 Urban Forest Management Plan 7 Packet Pg. 321 Benefits of Single Trees 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Water Quality Habitat & Diversity & Water Table Management Total savings benefit Total savings in $67.87 per “Stormwater Runoff Reduction” 10-yr old tree $21.74 per tree Stormwater Absorption Soil Stability & Erosion Control Benefits in Savings in “Air Quality Improvement” “Energy Conservation” $4.58 per tree $8.85 per tree Environmental & Health Benefits Pollination Urban Heat Island Reduction Air quality improvement Human Health, Estimated increase in Reduction in through Carbon Dioxide (CO2) Safety & Wellness “Property Value” “Carbon Dioxide” reduction/carbon sequestration $30.34 per tree $2.36 per tree Economic Benefits 13% 44.7% 3.5% 32% 6.8% Environmental & Health Benefits of A Tree in Virginia Beach Economic Benefits of A Tree in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 8 Packet Pg. 322 Benefits of Trees as a Forest 1of 2 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Environmental & Health Benefits Pollination Soil Stability & Erosion Control Water Quality & Water Table Management Urban Heat Island Reduction Air quality improvement through Carbon Dioxide (CO2) reduction/carbon sequestration Human Health, Safety & Wellness Habitat & Diversity Environmental & Health Benefits of the Urban Forest in Virginia Beach. 2023 Urban Forest Management Plan 9 Packet Pg. 323 Benefits of Trees as a Forest 2 of 2 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Economic Benefits Benefits in “air quality improvement” $30,087,746 Total savings benefit $445,940,973 Savings in “Energy Conservation” Total savings in $58,165,181 “stormwater runoff reduction” Reduction in $142,815,001 “Carbon Dioxide” Estimated increase $15,535,459 “Property value” $199,337,587 Economic Benefits of the Urban Forest in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 10 Packet Pg. 324 Tree Metrics 1 of 3 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Establishment of Assessment Metrics The City of Virginia Beach used the UTC metrics established in the 2012-2018 University of Vermont assessment for the basis of quantification. The following information provides an updated understanding of the current state of Virginia Beach’s UTC. The UTC quantification metrics found in the University of Vermont assessment establish a consistent methodology for performing future citywide UTC assessments as the city strives to reach its 45% UTC goal by the year 2045. As touched upon in the Introduction of this Plan Update, 414 square feet is an average derived from University of Vermont data for the purposes of UTC estimates. This is a tree at approximately 10 years’ growth and is a more conservative estimate than the 828 square feet average tree canopy size used in the 2014 Urban Forest Management Plan. An Individual Tree The area of an individual tree was The following graphics highlight the tree size used for estimated at 414 square feet and assessment, the number of trees in an acre, the number used as a conservative basis of of trees lost from 2012 to 2018, and the total value of measurement for the UTC. A 414 ecosystem services lost as a result of lost trees over the square foot canopy size is what one same time period. It is important to note that tree loss is would find on a 10-year-old canopy immediate, in contrast to tree gain. It can take at least 10 tree. years to grow a new tree large enough to provide similar measurable value of the ecosystem services to a more mature tree. Calculation must account for the 10 years it would take for a tree to effectively replace the dollar value lost during the same assessment period. 2023 Urban Forest Management Plan 11 Packet Pg. 325 Tree Metrics 2 of 3 6.L.a FROM 2012-2018 THE CITY HAD A NET UTC LOSS OF 1.34% Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Number of Trees In An Acre While the UTC Assessment data uses square feet and acres as a basis of measurement, providing the context of how many trees are in an acre can help to contextualize and scale the value of tree loss or gain. 1 ACRE = 43,560 SF = APPROX. 1051 TREES 1.34% = APPROX. 2,0821 ACRES LOST 1.34% = 219,105 TREES LOST EQUIVALENT TO EQUIVALENT TO 75% OF AN AMERICAN 1,578 AMERICAN FOOTBALL FIELD FOOTBALL FIELDS 10 20 30 40 50 40 30 20 10 10 20 30 40 50 40 30 20 10 414 SF TREE EQUIVALENT TO 10 20 30 40 50 40 30 20 10 10 20 30 40 50 40 30 20 10 2 PARKED CARS 60% OF AN INTERNATIONAL 1,249 INTERNATIONAL FOOTBALL FIELD FOOTBALL FIELDS 1 Values are rounded to the nearest whole number 2023 Urban Forest Management Plan 12 Packet Pg. 326 Tree Metrics 3 of 3 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Value of Tree Loss Between UTC Assessments The amount of net tree loss as measured in acres can be tabulated to show approximated value in trees from 2012 to 2018. Projecting the rate of loss forward without intervention shows the compounding loss as an opportunity cost which would otherwise be attributed to various City services. * Values are in 2018 USD 2023 Urban Forest Management Plan 13 Packet Pg. 327 Mapping Gain & Loss 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Changes in the UTC As a continuation of the assessment/management/collaboration model established in the 2014 Urban Forest Management Plan, the current extent and condition of the UTC was assessed for both geographical losses and gains. This section details the changes in the UTC from 2012 to 2018 and highlights the areas of the city where such losses and gains were observed. Currently, UTC loss is outpacing UTC gain by twofold. At the current pace and with no proactive plan or policy measures, the UTC would decrease to roughly 34.3% by 2045. This would amount to a net loss of over 800,000 trees or roughly 7,600 acres between 2022 and 2045, which is roughly equivalent to 13% of the existing tree canopy. Virginia Beach Tree Canopy Change in Acres from 2012 to 2018. Partial Virginia Beach Map of Tree Canopy Change from 2012 to 2018. 2023 Urban Forest Management Plan 14 Packet Pg. 328 Mapping Gain 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Tree Canopy Gain Per Zoning District Change from 2012-2018 - Gains During the six-year period between the two aerial assessments of the UTC in 2012 and 2018, there were certain areas of the city that experienced gains in the UTC. Total gains equated to 353 acres per year, on average. These gains, though small, were significant in the residentially and agriculturally zoned properties in the southern half of Virginia Beach away from urban development. Agricultural timbering A Enlarged activities occur not only on agriculturally zoned land but on land zoned Plan North for single-family residential as well. The categorizations used in the map on the right represent zoning districts rather than land use categories. It is recommended that additional analysis be completed that also looks at land use in order to fully assess sources of loss. B Enlarged Plan South Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Zoning Categories Partial Virginia Beach Map of Tree Canopy Gain from 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 15 Packet Pg. 329 Mapping Loss 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Tree Canopy Loss Per Zoning District Change from 2012-2018 - Losses Tree loss reflected in the UTC assessment was over twice the amount of tree gain from 2012 to 2018. As with the gains, losses occurred primarily on residentially and agriculturally zoned properties. However, there were also significant losses of UTC acreage in rights-of-way and, to a lesser extent, in multifamily and commercial zones. In rights-of-way 337 acres of UTC were lost with 315 aggregate acres lost in the multifamily C Enlarged and commercial zones. Much of Virginia Beach’s existing development is Plan North located in the Lynnhaven River watershed where over 2% (roughly 759 acres) of UTC loss occurred. D Enlarged Plan South Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Zoning Categories Partial Virginia Beach Map of Tree Canopy Loss from 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 16 Packet Pg. 330 Mapping Gain & Loss 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Enlarged Plan North Enlarged Plan South A Tree Canopy Gain - Lynnhaven Watershed Area B Tree Canopy Gain - Southern Rivers Watershed Area C Tree Canopy Loss - Lynnhaven Watershed Area D Tree Canopy Loss - Southern Rivers Watershed Area 2023 Urban Forest Management Plan 17 Packet Pg. 331 Mapping Net Loss by Council District 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Tree Canopy Net Loss Per Council District Change from 2012-2018 - Net Loss There was net loss of Urban Tree Canopy during the six-year period between the two aerial assessments from 2012 and 2018. The map to the right shows how this relates to the Council Districts, which were newly created in 2022. Each district is shown with its own percentage of Urban Tree Canopy coverage in 2018 relative to its current district boundaries, and the percentage of net loss from the two assessments is shown below the UTC percentage. The bar chart below shows for each district, the approximate acres of UTC gained or lost between the two different assessments. Acres Districts Partial Virginia Beach Map of Tree Canopy Net Loss from 2012 to 2018 by Council District. 2023 Urban Forest Management Plan 18 Packet Pg. 332 Public Engagement 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Public Engagement for the Urban Forest Management Plan Update Meetings: On November 14th and November 29th of 2023, Public Meetings occurred at the Great Neck Recreation Center and the Princess Anne Recreation Center, respectively. Surveys were handed out at the meetings and made available online through January, 2024. Survey Results: The survey consisted of 13 questions completed by 58 participants. Approximately 60% of them had some familiarity with the concept of an Urban Tree Canopy (UTC). Half of them felt they had a strong understanding of the importance and benefits of a healthy UTC. About 85% expressed interest in learning more about tree care, planting, and conservation. Over 80% of the participants prioritized planting new trees “everywhere”, with schools, residential areas, parks, and waterways being the next top choices. The preferences for tree preservation areas mirrored these results, with “everywhere” leading, followed by residential and commercial Public Meeting at the Princess Anne Recreation Center, November 29, 2023. areas, waterways, and parks. When asked about actions to prioritize for the UTC, the respondents’ top choice was to modify ordinances and design guidelines to recognize trees as infrastructure. This was followed by the desire to plant more trees in socio-economically disadvantaged areas, increase the care for Question #4: Where would you like to see more trees preserved? large or heritage trees, and establish a tree mitigation fund that would require all projects to compensate for city trees removed. In response to an open-ended question, the respondents identified new development as the most significant threat to existing trees. Other threats mentioned included lack of knowledge, costs, potential storm damage, invasive plants, and maintenance issues. The respondents perceived the greatest challenges to planting new trees to be costs, followed by maintenance, lack of education, and difficulties in finding suitable locations or sites. Regarding the feasibility of the Next Steps outlined in the report, the respondents believed that targeting public lands for maximum tree cover was the most feasible, followed by multi-level education programs and the formalization of a tree tracking and removal notification system. In terms of Future Considerations, the respondents felt that the most feasible approach was to educate City departments and the development community about the UTC. This was followed by the idea of incentivizing tree protection through land development ordinances and promoting a property owner tax incentive education program. A majority of the respondents were in favor of participating in tree-based tax incentive programs for planting on private property, including their own property. Example of one of the survey questions and compiled results. 2023 Urban Forest Management Plan 19 Packet Pg. 333 Management & Collaboration 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : The Goal Moving Forward The current plan establishes a goal of 45% tree canopy Virginia Beach’s urban forest is a dynamic asset that coverage by 2045. The existing tree canopy is nearly 1 requires a multi-pronged approach to mitigate tree million trees short of this goal, necessitating planting of loss (preservation) and promote tree gain (planting), to Between 2012 and 2018, the City of almost 40,000 trees per year until 2045 in order to reach minimize tree conflicts with other assets, and to ensure the desired tree canopy coverage. Meanwhile, the City is the health and longevity of trees in the community. Virginia Beach had a net loss of 1.34% also losing roughly 36,000 trees every year on average. Everyone has a role in managing the urban forest, and in its Urban Tree Canopy, which is Steps taken to achieve the 45% tree canopy coverage management of the urban forest will achieve the greatest equivalent to 219,105 trees or roughly should account for not only the gap between the existing success and community support as a collaborative effort 2,082 acres. and desired canopy, but also this current rate of decline. between all stakeholders, from the municipal government to homeowners to developers. 45% UTC by 2045 Current Tree Canopy in 2022* Yearly planting required to achieve 39.42% 36k annual loss 76k trees 36k replacement 61,000 acres or if yearly tree loss remains the same 6.4M trees 40k trees * Projected 2022 tree canopy based on average yearly loss from 2012-2018 if yearly tree loss is reduced to zero 2023 Urban Forest Management Plan 20 Packet Pg. 334 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Bald Cypress at Stumpy Lake Natural Area, Virginia Beach, VA 2023 Urban Forest Management Plan 21 Packet Pg. 335 Next Steps 1 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Next Step #1: Keep Doing What’s Working Targeted Goal: Build upon and carry forward the successful elements of the sustainability model established in the 2014 Urban Forest Management Plan, and more recent and groundbreaking achievements made since embarking on this current plan beginning in 2021. Desired Outcomes: ▪ Tree Mapping / Inventory – Continue and advance tree mapping for new installations, replacements, and maintenance of trees. ▪ Inventory Trees – Continue the Virginia Beach Tree Inventory for trees and extend the inventory to include available parcels for reforestation, preservation, and temporary holding nurseries. ▪ Tree Canopy Loss Mitigation – Continue to implement and apply the new City Policy for tree loss mitigation based on acre, caliper size, or specimen. ▪ Collaboration & Engagement - Expand on the success of events like Arbor Day and Treetopia and multiply recent efforts on the website and branding that have a high response rate. Tools & Techniques ▪ Review the most recent strategies and successes toward UTC preservation which have occurred since the most recent UTC assessment. ▪ Find ways to summarize these achievements and broadcast this information to other City Departments in order to solicit help and spur improvements. ▪ Pre-plan the next UTC Assessment collection and the next Urban Tree Forest Management Plan Update with the knowledge learned since 2021. Municipal Center Champion Tree, the Chinese fir, Virginia Beach, VA. 2023 Urban Forest Management Plan 22 Packet Pg. 336 Next Steps 2 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Next Step #2: Undertake A Multi-Level Educational Program Targeted Goal: Greatly increase community and stakeholder understanding of the problem of tree canopy loss and the need for and benefits of a healthy, growing tree canopy in Virginia Beach. Desired Outcomes: ▪ A seamless connection to constituents, City staff, and elected officials about the UTC and documentation of each meeting occurrence. ▪ The establishment of a network of organized constituent groups such as members from the Master Gardeners’ Tree Stewards project supporting the allocation of City resources to implement the vision of this Plan Update will have taken place. ▪ Formation of several formalized projects, actions, and partnerships will have been established over the next five years. Partnerships would ideally involve an organized constituent group with members such as residents, business owners, and developers who are committed to not cutting down trees and who can become advocates for budgetary and staff resources. Tools & Techniques ▪ Expand current branding and public relations initiative for the educational program and various implementation initiatives to foster greater awareness of the importance of the tree canopy to the environmental, economic, and social health of Virginia Beach. ▪ Formalize the current educational program crafted for the various stakeholder groups who can have the greatest effect on maintaining the city’s tree canopy, including residents, business owners, developers, government staffers, elected officials, and the tree service industry. ▪ Perform outreach with formalized groups to establish a partnership network. ▪ Utilize a multi-generational approach to tap into younger residents’ interest in the environment and to senior citizens’ interest in supporting community benefits and beautification. Princess Anne Commons Arbor Day Celebration, Virginia Beach, VA. 2023 Urban Forest Management Plan 23 Packet Pg. 337 Next Steps 3 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Next Step #3: Target Public Lands for Maximum Tree Cover Targeted Goal: Prioritize public resources on increasing UTC on public lands, where there is the greatest ability to permanently protect the urban forest. Desired Outcomes: ▪ The City and its partners will take steps to maintain and preserve public lands. Tools & Techniques ▪ Record formal protection covenants on public woodlands. ▪ Allocate annual capital resources for tree plantings. ▪ Pursue funding through government and foundation grants to leverage city funds in maximizing the number of annual tree plantings. ▪ Map all areas on public lands, including those owned and managed by non-City public entities, where unforested areas could be planted with trees. ▪ Consider Open Space funds for acquisition of forested parcels or those that might be suitable for tree planting. ▪ Implement a capital improvement project that includes funding for a targeted number of planted trees per year and that leverages city funds with potential grant opportunities that could speed up or improve the outcomes of tree planting projects. ▪ Coordinate with Department of Parks and Recreation staff to maximize tree cover in all park improvement projects. ▪ Apply for grants for Natural Area preservation. View of the forest at Marshview Park and Owls Creek. 2023 Urban Forest Management Plan 24 Packet Pg. 338 Next Steps 4 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Next Step #4: Formalize Tree Tracking And Removal Notification System Desired Outcomes: ▪ Tree planting and removal will be documented and tracked citywide. ▪ The Urban Forest will be established as a public service utility/resource. ▪ A combination of reporting methods and tracking/management platforms will be utilized to establish an information clearing house for the Department of Parks and Recreation. ▪ The tracking systems currently used for trees on City-owned properties will be deployed throughout the city to better gauge the state of the UTC in between aerial assessments. Tools & Techniques ▪ Further develop an electronic tree removal permitting process for the tree service industry for tree removal on City Property. ▪ Record and document all approved site plan tree inventories and preservation plans for City trees for more thorough tracking. ▪ Explore tree tracking and management software for use beyond just City-owned properties. ▪ Provide access to tree mapping and inventory layers in GIS to other departments for coordination and awareness of the tree maps. ▪ Enlist additional seasonal staff that can be wholly designated to inventorying trees City wide. ▪ Consider programs like Tree Keeper and Capterra to help with assembling and reporting data collected in the tree inventories. ▪ Map and Measure Trees by Council District for the ability to compare and prioritize UTC goals. LEGEND: Excerpt from Parks & Landscape Services’ VBTrees Mapping Application 2023 Urban Forest Management Plan 25 Packet Pg. 339 Future Considerations 1 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Future Consideration #1: Inform Other City Departments and the Development Community About the UTC Goals and Tree Mitigation Policy Desired Outcomes: ▪ The City culture should better embrace the city’s trees and urban forest as public infrastructure and as a public resource providing a public service. ▪ The Tree Planting, Preservation and Replacement ordinance in the City Code should be updated to better support the UTC and other current best practices. ▪ City’s Landscaping Guide and Tree Planting, Preservation, and Replacement documents should be updated and coordinated between all City departments with regard to tree planting and preservation. Tools & Techniques ▪ Establish a city-wide replacement standard for tree removal and replacement on all new site plans and subdivision plans based on the recent State Ordinance Model (SB537) that passed in 2022. The new language in State Code, Section 15.2-961 suggests a tree canopy coverage ranging from 10%-20% based on development intensity. ▪ Update standards and requirements for tree protection and preservation to meet with ever-advancing technology, and apply them to all land use and zoning classifications for development. ▪ Extend bonding based on the recently passed City policy to cover both new plantings and tree preservation for all site plans and to enforce tree preservation plans submitted with site plans. ▪ Clarify guidance language that is based on the use of trees as a visual, spatial, and aesthetic quality for new development. ▪ Hold regular training and briefings with various City departments on the City policies and goals for the UTC and correlative tree mitigation. Victoria Park Neighborhood, Virginia Beach, VA 2023 Urban Forest Management Plan 26 Packet Pg. 340 6.L.a Future Considerations 2 of 4 Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Future Consideration #2: Incentivize Tree Protection Through The Land Development Ordinances Targeted Goal: Explore zoning tools and techniques that could provide incentives, like development density bonuses, for achieving greater than the minimally required tree canopy on land development plans. In addition, tree preservation would be incentivized more than tree planting, and fees in lieu of tree planting or preservation would not yield additional bonuses but would be required if minimum tree canopy requirements cannot be achieved on the proposed site. Desired Outcomes: ▪ The zoning, subdivision, and site plan ordinances will include provisions for certain zoning districts or overlays that allow for development density bonuses (increase height or number of units, for example) if base tree canopy requirements are exceeded by a certain percentage. ▪ New development where it is not possible to meet tree planting requirements onsite should fund tree planting efforts offsite. That funding should pay for enough tree planting to provide an equivalent percentage of tree canopy coverage as required by its zoning designation. Tools & Techniques ▪ Decide which areas of the city would benefit most from an increased tree canopy, higher density, or additional housing, and consider implementing a zoning overlay that incentivizes higher tree canopy percentages in exchange for development incentives. ▪ Adopt a formal tree mitigation / preservation credit process by enacting Code that mirrors the recently passed State model ordinance (SB537). ▪ Promote a CIP Tree Fund that developers can pay into when meeting tree planting requirements onsite is impossible. Payment in lieu should support planting at least as many trees in appropriate locations as would have been required onsite for a particular development. ▪ If trees must be removed for a development, incentivize the removal of smaller, less mature trees so that replacement of them could achieve the same canopy size, resulting in less net loss to the UTC. ▪ Use Stormwater Credits as an incentive for tree preservation as metrics become available for the stormwater quality and quantity benefits of preserving large groups of mature trees. This work is being conducted by researchers at Virginia Polytechnic Institute and State University. Tree Preservation Area on a Construction Site, Virginia Beach, VA 2023 Urban Forest Management Plan 27 Packet Pg. 341 Future Considerations 3 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Future Consideration #3: Establish a Tree Protection Easement Program. Targeted Goal: Creating a mutually beneficial program that allows property owners to institute protective easements or covenants in exchange for property tax relief is a method for protecting trees (at least for a set duration of time). Desired Outcomes: ▪ A program that incentivizes property owners of all land use types to implement protective easements or covenants for the preservation of trees will be established, with property tax relief provided to participants. This would function similar to the City’s Agriculture Preserve Program. ▪ While property owners with forested tracts of 20 acres or more may benefit from lower real estate taxes, owners with mixed use of cropland and forest land may also be interested to take advantage of this land use value taxation if they qualify based on sufficient acreage amounts. Tools & Techniques ▪ Establish a set of program guidelines that provides property tax relief for property owners who enter into easement agreements or covenants to preserve mature tree canopies. ▪ Directly promote the easement program first to the city’s many property owners who have larger tracts of land that abut against waterways, intact woodlands, and other fragile environments. ▪ Once a critical mass of interest develops, begin promoting the program to other areas where the preservation of the tree canopy would aid in reducing fragmentation of the urban forest. ▪ Seek to replicate natural and managed reforestation processes on both green development and redevelopment sites. ▪ Tree protection and reforestation easements would be set up in perpetuity, however, a strategy should be developed for ongoing tree survivability, forest quality, inspection, and maintenance of the easements in order to ensure annual tax reliefs are merited for the life and quality of the resource. Considerations could include location of the tree with respect to property lines as well as value and health of the tree. Town Center Urban Trees, Virginia Beach, VA 2023 Urban Forest Management Plan 28 Packet Pg. 342 Future Considerations 4 of 4 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Future Consideration #4: Establish a Property Owner Tax Incentive Education Program. Targeted Goal: There are federal tax incentivizes for reforestation projects, including projects which are a part of timbering operations. Establishing a program that educates property owners and connects them with resources to promote reforestation can aid in offsetting timbering impacts, especially in the southern areas of the city. Desired Outcomes: ▪ A program that connects timbering operations and rural property owners to tax incentive opportunities related to reforestation will be promoted and managed. ▪ New development will result in a net gain in the UTC by requiring developers who are not able to meet tree planting requirements to fund tree planting efforts in more suitable locations or by allowing developers to replant trees of the same total inches in diameter as the removed trees. Tools & Techniques ▪ Reach out directly to rural property owners and timber companies to gauge interest and obtain support for the city’s reforestation efforts. Inform these stakeholders about the federal tax incentives available for reforestation projects. ▪ Promote the existing Agricultural Reserve Program and the fact that tree planting is an eligible agricultural activity for participation in the program. ▪ The state’s new model tree preservation and replanting ordinance (SB537) allows for reforestation on other site in lieu of preservation on the development site under certain circumstances. This framework should be used to aid in reforestation efforts city-wide in concert with federal tax incentivization programs. ▪ The federal tax incentives in Virginia go beyond just education and many are tied to various state and federal agencies. In general terms, the costs of reforestation are tax deductible up to a certain dollar amount per property. Chinkapin Oaks at Lark Downs Park at the Kempsville Rec Center, Virginia Beach, VA 2023 Urban Forest Management Plan 29 Packet Pg. 343 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : Urban Forest at Marsh View Park, Virginia Beach, VA 2023 Urban Forest Management Plan 30 Packet Pg. 344 Conclusion 6.L.a Attachment: PLA - 08_ARF Package for City of Virginia Beach - Urban Forest Management Plan (4256 : In conclusion, the Virginia Beach Urban Forest Management Plan Update is a comprehensive strategy aimed at preserving, expanding, and diversifying the city’s urban forest. Recognizing the significant loss of the urban forest infrastructure, the plan outlines immediate and long-term actions to achieve a sustainable and vibrant urban forest. The vision is to reach 45% tree canopy coverage by 2045 through a community-wide effort involving residents, business owners, developers, non-profit organizations, and government entities. The plan emphasizes the need for a shift in community philosophy and public policy towards tree infrastructure valuation. It sets clear priorities and measurable objectives, including tracking real-time tree loss and gain, and undertaking significant tree preservation, replacement planting, and reforestation efforts equating to a net increase of roughly 40,000 trees (376 acres) every year until 2045. The ultimate goal is to transform Virginia Beach into a model city for tree management and green infrastructure, enhancing the health, well-being, and adaptability of the city, its environment, and its residents. This plan serves as a testament to the city’s commitment to its urban forest, recognizing it as more than just a collection of trees, but a dynamic green infrastructure that provides significant environmental, economic, and social benefits. Urban Trees at Thalia Creek, Virginia Beach, VA 2023 Urban Forest Management Plan 31 Packet Pg. 345