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10-01-2019 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 461��'-B�4c, MAYOR ROBERT M. "BOBBY"DYER,At Large Jti ate- 4.••L VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 04 JESSICA P.ABBOTT,Kempsville-District 2 F fit/ MICHAEL F.BERLUCCHI,Rose Hall-District 3 j i1 BARBARA M.HENLEY,Princess Anne-District 7 �'" LOUIS R.JONES,Bayside District 4 - a JOHND.MOSS,At Large AARONR.ROUSE,At Large °' .0. 4.z0"5 GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMASL.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE.•(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR October 1,2019 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM 2019 SOMETHING IN THE WATER(SITW) A. AFTER-ACTION REPORT AND 2020 KICK-OFF Brian Solis, Assistant to Acting City Manager for Special Events B. EXPENSES AUDIT RESULTS Lyndon Remias, City Auditor C. CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS Dr. Vinod Agarwal, Old Dominion University IL CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Imam Rachid Khould Crescent Community C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 17, 2019 G. MAYOR'S PRESENTATION 1. FAITH WORKS COALITION DAY H. PUBLIC COMMENT 1. 2020 LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT City Council Members Resign to Run 2. CONSIDER SALE OF EXCESS PROPERTY 2224 London Street 3. PROPOSED FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-3 re Appointments to Boards and Commissions (Requested by Council Member Henley) b. 4-1 re Special Events Permits 2. Resolution to MOVE the November 5,2019,Regular Meeting of the City Council to November 12, 2019 (Requested by City Council) 3. Resolution to DECLARE November 15 —December 15, 2019, as Buy Local Month (Requested by Council Member Wooten) 4. Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow guided horse riding tours on the beach 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition,construction,renovation,rehabilitation and equipping of the approximately 186- Unit The Commons at Princess Anne Multi-Family Housing Facility 6. Ordinance to AUTHORIZE temporary encroachments into portions of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located the rear of 4321 Blackbeard Road re remove existing pier, construct and maintain proposed riprap revetment,timber pier and boat ramp and maintain the existing bulkhead and fencing 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States Coast Guard for up to five(5)years for 36 +/- square foot portion of City property located on the Jetty on the North side of Rudee Inlet re lighting, power supply equipment and associated navigational aids 8. Ordinance to APPROPRIATE $139,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant awards, canines, rifle mounted lasers, light replacements and tactical training 9. Ordinances to ACCEPT and APPROPRIATE: a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police Operating Budget and TRANSFER $25,917 within the FY 2019-20 Police Operating Budget to provide the required local grant match re marine patrol equipment b. $98,619 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2019-20 Human Services Operating Budget; AUTHORIZE one (1) full-time position and CONVERT one (1) part-time position to a full-time position re STEP-VA Primary Care Screenings Services Program c. $195,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY 2019-20 Human Services Operating Budget and AUTHORIZE two (2) full-time positions re STEP-VA Outpatient Behavioral Health Services Program d. $226,821.41 in developer contribution from Renaissance Apts. I, L.P. to CIP #2-025 Witchduck Road Phase II re construction of required improvements L. PLANNING 1. PETER COLEMAN & JOAN SHEPHARD for a Street Closure re one-half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. ROBERT & JANET KOTTKE for a Modification of Conditions re preschool/day-care facility at 2660 West Neck Road (Approved July 3, 2001) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CHESAPEAKE BAY FOUNDATION, INC. for a Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved December 11, 2012) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH DIGIPORTS,LLC/TAYLOR FARMS LAND COMPANY,LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 5. SHENELL LATHAM/DONG JO KIM for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. MICHAEL CARLSON / WILLIAM D. FRIERSON, III for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. CHRISTINA MARCHIONE / BRUCE & SUSAN WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road,Unit 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at 1505 Colebrook Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. T & S LAWN & LANDSCAPING, LLC for a Conditional Use Permit re bulk storage yard at 400 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. 10/1/2019 jag I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM 2019 SOMETHING IN THE WATER (SITW) A. AFTER-ACTION REPORT AND 2020 KICK-OFF Brian Solis, Assistant to Acting City Manager for Special Events B. EXPENSES AUDIT RESULTS Lyndon Remias, City Auditor C. CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS Dr. Vinod Agarwal, Old Dominion University II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Imam Rachid Khould Crescent Community C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 17, 2019 G. MAYOR'S PRESENTATION 1. FAITH WORKS COALITION DAY ‘****ai) (1.10.1.,..„.. r im q: as r ;y44 _fiea0fc+ tro NS pL Proclamation Whereas: Faith Works Coalition, Inc. has 'Joined Hands to Nelp Our Community"or aver 10 years, and has been committed to assist homeowners desperately in need of home repairs in the City of Virginia Beach;and 'Gtdrerea.n Faith Works mission promotes building community spirit through collaboration with other charitable and private organizations whose goals and objectives are aligned with theirs;and Whereas: 'This non-profit organization comprised of volunteers who devote their time and talent to repairing homes for the elderly, disabled, military retirees and families whose financial position clots not allow for costly home repair biffs;and, Whereas: Faith'Works builds on the willingness and desire to aid others in need in'Virginia Beach,and enhance the joy of fellowship inherent in faith based,volunteer community projects;and Whereas: Faith Works has also provided emergency relief through repair and reconstruction services in areas suffering from natural disasters;and Whereas: 'This unassuming organization has received accolades for their community achievement by Volunteer9(ampton Roads and statewide at the Virginia Neighborhood Conference;and Whereas: Faith Works Coalition was the recipient of our own Virginia Beach 9fuman Rights "Daniel M.Stone Ji'umanitanan)4 ward";and Whereas. Faith Works' projects result in vibrant community spirit, and improved neighborhoods instilling a renewed belief that all things are possible when people care for one another,and Whereas: 'This unique organization should 6e recognized for having recently completed a momentous 1000th home repair project through volunteer staff members,sweat equity and no government funding;and Whet= Faith Works truly is making a difference in peoples' quality of life, the home physical conditions,as well as neighborhood preservation;and Whereas: Faith Works Coalition,Inc.and its volunteers have embodied the qualities we seekas leaders in our community and have shown us their faith by their works. Now Therefore,I Robert M. Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: October 1, 2019 Faitfi Worljs Coalition Day In Virginia Beach,and!call upon our community to extend their gratitude and congratulations to our partner and friend on this day, and with all our"faith-and confidence to continue to build upon the future and do good Works" In'Witness Whereof I have hereunto set my hand and caused the Officia(Seal-of the City of Virginia Beach, Virginia,to be affixed this First day of October 2019. iy Robert M. 'Bobby"(Dyer Mayor H. PUBLIC COMMENT 1. 2020 LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT City Council Members Resign to Run 2. CONSIDER SALE OF EXCESS PROPERTY 2224 London Street 3. PROPOSED FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. 157. or 0� 1 at a I"0. • 411111.0 VB Strong DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2020 SESSION September 27, 2019 CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor Robert M. `Bobby" Dyer—At Large Vice-Mayor James L. Wood—Lynnhaven Jessica P. Abbott—Kempsville Michael Berlucchi—Rose Hall Barbara M. Henley—Princess Anne Louis R. Jones—Bayside John D. Moss—At Large Aaron R. Rouse—At Large Guy K. Tower - Beach Rosemary A. Wilson—At Large Sabrina D. Wooten—Centerville CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. — Senate District 6 Senator William R. DeSteph, Jr. — Senate District 8 Senator John A. Cosgrove, Jr. — Senate District 14 Delegate Kelly K. Convirs-Fowler—House District 21 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Cheryl Turpin—House District 85 Delegate Joseph C. Lindsey —House District 90 Delegate Robert S. Bloxom, Jr. —House District 100 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL ii CITY OF VIRGINIA BEACH-GENERAL ASSEMBLY DELEGATION ii SECTION 1.1-CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS 1. VOTING RIGHTS 6 SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 2. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 7 SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION 3. HIGH SPEED RAIL 8 SPONSORED BY CITY COUNCIL 4. MENHADEN FISHING REGULATION 9 SPONSORED BY CITY COUNCIL 5. CERTIFICATE OF PUBLIC NEED 10 SPONSORED BY CITY COUNCIL 6. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 11 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 7. FULL FUNDING TO THE STEP-VA PROGRAM 12 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE 13 SPONSORED BY CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL 15 SPONSORED BY VICE-MAYOR JIM WOOD 10.EQUALIZE"HOUSE BILL 599"FUNDING 16 SPONSORED BY VICE-MAYOR JIM WOOD 11.RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR 17 SPONSORED BY COUNCILMEMBER JOHN MOSS 12.PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN BY LAW ENFORCEMENT OFFICERS 18 SPONSORED BY VICE-MAYOR JIM WOOD III TABLE OF CONTENTS (continued) 13.FILM TAX CREDIT 19 SPONSORED BY CITY COUNCIL 14.DEFINITION OF SMALL BUSINESS 20 SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON 15.REQUEST TO AMEND 2019 ACTS OF ASSEMBLY,C. 793 TO ALLOW CDA FINANCING AND TO EXTEND THE DATE OF TAX INCENTIVE 21 SPONSORED BY COUNCILMEMBER JOHN MOSS iv SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS �`�:„.„ , 6 1. VOTING RIGHTS SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation, and it is the foundation of our democracy. Barriers to the ballot box harm our state and our country and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Additionally, the drawing of electoral districts can promote or depress voter turnout, depending in part on whether districts are drawn in order to respect the boundaries of localities,neighborhoods, and communities of common interest or are drawn primarily for political advantage. Increased voter participation strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: This was a part of your package last year and has been for several years through a joint initiative with the Human Rights Commission. The Human Rights Commission has asked for redistricting reform and removal of barriers to voter participation. Specifically, they are asking that the no excuse voting law passed in the 2019 session,be amended. That law would allow no excuse absentee voting beginning a week and a half on Saturday before the election starting in 2020. The Human Rights Commission is requesting it to be expanded to no excuse, in person, absentee ballot voting for the entire 45 days open for voting before the election. The General Assembly passed a first phase of amending the Constitution to create a non-partisan Redistricting Commission. The Human Rights Commission requests the General Assembly pass that same legislation during the 2020 session. The issue would then be put before the voters in the 2020 election. Assuming that those two actions are successful,when the General Assembly does redistricting of Congress and the Virginia House and Senate in 2021,the Redistricting Commission would begin the process. ft lA i ` z-.....!e I 2. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The Hampton Roads Region(along with New Orleans)is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now cause major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort,which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and northward, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly$250M per year in auction revenues through 2030 could be provided to Virginia. Request: The General Assembly is requested to adopt legislation.That would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, from 2012-2014 in RGGI states have cut pollution three times faster than non-RGGI states, and have had comparable bills for power to other areas. 18 3. HIGH SPEED RAIL SPONSORED BY CITY COUNCIL Background Information: The Virginia Department of Rail and Public Transportation (DRPT) is in the process of identifying funding sources to initiate a Tier II Environmental Impact Statement(EIS)within the next six years for the Richmond- Hampton Roads segment of the Southeast High Speed Rail (SEHSR)corridor. Approximately$27 million is needed to complete Tier II EIS.Two years ago we were successful in getting the General Assembly to require DRPT to update the costs of the Tier II EIS and also identify funding sources. Their report recommended that the Hampton Roads Transportation Planning Organization fund the Tier II EIS. The $27 million will suffice. HRTPO has fully allocated its RSTP and CMAQ monies for the next 6 years, and Richmond region, did not contribute any regional funds to either of their Tier II EIS efforts which are complete. Request: We request the Commonwealth fund a Tier II Environmental Impact Statement for High(ER) Speed Rail between Richmond and Hampton Roads. j{f �1G. j i�`+ ��l `�i ti ' 't 1 9 4. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL Background Information: A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species. Menhaden also provide a service in filtering the Bay water, second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the "Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast,but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole, rather than the needs of few. The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2018 legislative session similar to HB-822 or HB-160 introduced by Delegate Barry Knight,and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in SB-214 by Senator Cosgrove, in the 2018 Legislative Session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border and one mile in the Chesapeake Bay. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. O ;4 ;t I to 5. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator, introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however, other legislation is being studied over the period between the 2016 session and the 2019 session. There will most assuredly be legislation introduced in the 2019 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care, ensure provision of essential health services, fund graduate medical education, and maintain the fiscal stability of Virginia's community. - .-� ll 6. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY CITY COUNCIL&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation or gender identity in hiring and in housing as was proposed in legislation from Kelly K. Convirs-Fowler in the 2019 Session. N I• ` I12 7. FULL FUNDING FOR THE STEP-VA PROGRAM SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL Background Information: Almost 20%of adults in the Commonwealth have some kind of mental illness according to the Mental Health America 2019 Prevalence Report. Virginia is ranked 40th in the nation for mental health service and 40th among all states in access to care. The suicide rate is rising each year. More than 17% of inmates in the jail population have a mental illness with this number also rising each year. The need for a comprehensive, effective and accessible system of mental health services is quite clear. Without adequate treatment and support available in the community, many individuals living with mental illness struggle to remain safely in their own homes and communities. Some of the outcomes of an inadequate public mental health system include: frequent trips to hospital emergency rooms, homelessness, substance use disorders, suicide and incarceration among individuals with mental illness. STEP VA (System Transformation, Excellence and Performance in Virginia) was developed to address quality, access, accountability and consistency across all Community Services Boards (CSB). In 2015, DBHDS received a federal planning grant to lay the foundation for a behavioral health system that would be standardized in the provision of nine core services: • Same-day access • Primary care screenings • Outpatient behavioral services • Behavioral health crisis services • Peer/family support services • Psychiatric rehabilitation • Veterans' behavioral health • Case management for adults and children • Care coordination The 2017 General Assembly amended the code to implement the STEP VA System of nine services by 2021 with two of those services, Same Day Access and Primary Care Screening being implemented by 2019. As of 2019: Same Day Access and Primary Care Screening have been fully funded and are being implemented. Outpatient Services ($15M) and Crisis Services ($7.8M) have been partially funded. Full funding is still needed for the seven other services to be implemented by 2021 as mandated in the 2017 General Assembly session. Request: The City requests that the General Assembly provide full funding for the implementation of STEP VA System throughout the Commonwealth to ensure all nine Core Services are implemented by 2021. Cs, i f f 113 8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE SPONSORED BY CITY COUNCIL Background Information: In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on communication services with one statewide Virginia Communications Sales and Use Tax. This statewide tax imposed a 5% fee, which is collected from consumers by service providers and remitted to the state on a monthly basis. After collection by the state, the tax is then distributed to individual localities. Revenues from the Sales and Use Tax are in long-term decline. For example, Virginia Beach now brings in $6 million less per year than when the tax first went into effect over a decade ago. This $6 million decline is equal to a 20% loss in revenue over this period. As technology progresses,this revenue gap will only grow wider. The chart below shows actual revenues received by the City over the past decade. In total, the City averaged a 2.2% per year reduction in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2017-18. Virginia Telecom Tax: FY 08-FY18 30.0 30 Iii27.2 27.9 27.6 26.7 26.7 263 26.05.37240 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 ■Actual Consistent with these declines, the City has lowered, by a combined $1.5 million in Fiscal Years 2019 and 2020, its budgeted projections for Telecom Tax revenue. Should the present tax structure continue as is, the City will likely see a decline in this revenue source in Fiscal Year 2021 that would bring the total amount of revenue received by the City to under$23 million. FY 2019 Budgeted FY 2020 Budgeted FY 2021 Estimate (Using Historic Average) $23.8 million $ 22.4 million $22.9 million i REQUEST: The General Assembly is requested to restore funding to localities consistent with amounts received at the time of the formula's adoption in 2006. �a,....i 114 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES k � k.g j vz 115 9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In Virginia, public safety benefit programs have historically been designed specifically for firefighters and police officers. Most municipal EMS providers were either cross-trained as firefighters, volunteers or civilians. There was little attention given to governmental EMS workers. Virginia Beach has the largest with its cadre of medics within the Department of EMS. We currently have 65 officers or medics who are considered full time salary Emergency Medical Technicians for purposes of benefit calculations. However, those workers are not given the same protections of heart disease presumption that Fire and Police have. Request: The General Assembly is requested to modify Code of Virginia Title 65.2, Workers' Compensation, Chapter 3: Occupational Diseases §65.2-402(B) as follows: B. Hypertension or heart disease causing the death of or any health condition or impairment resulting in total or partial disability of(i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii) members of county, city or town police departments, (iv)sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (viz) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officers, (x)special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (, 4.1-100 et seq) of Title 4.1, (xi)for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in 065.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, av (xiv) campus police officers appointed under Article 3 ('23.1-1-809 et seq.)and(xv)full-time salaried Emergency Medical Technicians employed by the City of Virginia Beach. Of Chapter 8 of Title 23.1 and employed by any public institution of higher education shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. ^u e t.,., ''; tq7} �tl��t+ ' tr ' f' 116 10. EQUALIZE "HOUSE BILL 599" FUNDING SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In 1979, the Commonwealth of Virginia agreed to contribute funds to any locality in the Commonwealth with a police department. This was done through House Bill 599, codified in the Code of Virginia as §9.1- 165 through 172. The intent of this legislation was to help equalize state funding between jurisdictions with police departments and those with Sheriff's Offices. At the time of adoption, it was conveyed that the Commonwealth would grant localities with police departments a sum equal to 30% of their department's costs. In the case of Virginia Beach, neither goal has been meet. In Fiscal Year 2019, 599 allocations were roughly 60% of the amount the City received for the Sheriff's Office from the Commonwealth. As for the Police Department's total operating budget, the amount from the Commonwealth was equal to only about 10% of City's appropriations for the VBPD. The same disparity has been true for the Commonwealth at-large. Whereas general fund appropriations for Sheriff's Office (not including local jail per diem) are approaching $500 million, 599 funding for Police Departments is under$200 million. Further, the amount of 599 funding in FY 2020 is less than what existed in FY 2009 and other prior years. In addition, in code, the amount of funds distributed each year should be adjusted by a sum equal to the anticipated general fund revenue change in any given year. However, this requirement is one to which the state has not continually adhered; there is presently a $139 million gap between approved HB 599 funding and the amount that would have occurred from calculating 599 funding based upon anticipated state revenue growth every year since FY 2000. For example, while the official state General Fund growth forecast called for 3.4%growth between FY 2017 and FY 2018, 599 funding remained flat during the FY 2018 budget year. Similarly, while the official state General Fund growth forecast estimated 5.9% growth between FY 2018 and FY 2019, 599 funding allocations only increased 3.70% in FY 2019. For FY 2020, the state pre- programmed an increase in 599 funding at 3.90%, but did not adjust the amount in conjunction with the state's growth revenue. Request: The General Assembly is requested to increase funding to provide better parity between the appropriations for Sheriff's Offices and for Police Departments. Specifically, 599 funding is requested to increase in FY 2021 state budget to a baseline that is equal to the amount of actual revenue growth between FY 2018 and FY 2019,and then that sum should be increased by the official forecast growth figures for FY 2020 and 2021. '�`CNN 6(MZZ by`� ' - 'j 17 11. RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR SPONSORED BY COUNCILMEMBER JOHN MOSS Background Information: In 1987, the General Assembly added Section 3.02:2 to the City Charter. Section 3.02:2 provides a"resign to run"requirement of any member of the City Council who wishes to be a candidate for the office of mayor. In pertinent part, this requirement requires a sitting Councilmember to irrevocably resign his or her council seat as a condition to becoming a candidate for mayor. That resignation would be effective December 31 of the applicable year. This legislative request would impose a similar requirement if an at large Councilmember seeks to become a candidate for a residence district seat or if a resident district member seeks to become an at-large candidate. Request: The City Council requests the General Assembly enact an amendment to the City Charter that inserts the following text as new Section 3.02:3: A. In the event any councilmember from one of the residence districts shall decide during his term of office to be a candidate for an at-large seat, the councilmember shall tender his resignation as a councilmember not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilmember's intention to run for the at-large seat, shall require no formal acceptance by the remaining councilmembers, and shall be final and irrevocable when tendered. The unexpired portion of the term of any councilmember who has resigned to run for an at-large seat shall be filled at the same general election, or special election if the at-large seat is to be filled by special election. B. In the event any councilmember from one of the at-large seats shall decide during his term of office to be a candidate for a residence district seat, the councilmember shall tender his resignation as a councilmember not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilmember's intention to run for the residence district seat, shall require no formal acceptance by the remaining councilmembers, and shall be final an irrevocable when tendered. The unexpired portion of the term of any councilmember who has resigned to run for a residence district seat shall be filled at the same general election, or special election if the residence district seat is to be filled by special election. 118 12. PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN BY LAW ENFORCEMENT OFFICERS §23.1-602 SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In 1966,the General Assembly passed §23.1-602,which provides college tuition,including the cost of books and fees,paid for by the State, to any law enforcement officer working within the Commonwealth. Officers would be required to pursue a degree or certificate in a course of study relating to the field of law enforcement, and must attend an accredited institution of higher education within the Commonwealth. In return, officers would be required to remain employed in a law enforcement capacity for a period of at least as long as the length of the course of study taken, or repay the full amount of such tuition. This law has remained, unfunded, in the Code of Virginia since its creation. Our citizens deserve a highly professional, knowledgeable, and educated police force that enforces the law and investigates crime in a judicious and equitable manner. Training and education are crucial for the future success of our officers and our department. In today's policing environment, officers go above and beyond answering calls for help. They are leaders, problem solvers, counselors, and role models who are equipped with 21 st century skills that far surpass traditional police academy training. In short, the profession has evolved. The benefits of higher education reach beyond the impact it has on individual officers. A well-educated police force positively influences the future of our organization and our community. Continuous learning and self-improvement become engrained in all ranks, from officer to command staff, and within our culture. For these reasons and more,restoring funding for this statute is a worthy investment for both our officers and the citizens we serve. Request: The General Assembly is requested to consider funding this statute, for a trial period,to determine state-wide interest and administrative workload for the Department of Criminal Justice Services (program administrators). This pilot program would provide access to limited financial resources for specific localities within the Commonwealth,to include the City of Virginia Beach. We propose modifying the existing statute to reimburse tuition for attendance at an accredited in-state university or community college, up to the two- year associate's degree level. All other provisions of the existing statute shall remain unchanged. Upon completion of the pilot program, an evaluation will be conducted to determine program expansion and state- wide fiscal impact. N y� 1:11: 1 r ; r 1 19 13. FILM TAX CREDIT SPONSORED BY CITY COUNCIL Background Information: The Commonwealth of Virginia has a rather small program to promote film and other media production within the Commonwealth. Other states, most notably Georgia and North Carolina, have a very robust program which has created a considerable industry in those states. In order for Virginia to compete in this arena, the Commonwealth needs to provide additional incentives through tax credits and other means. This is an ideal time for Virginia to expand their incentives for this industry in as much as North Carolina and Georgia because of actions of their respective General Assemblies have created an environment that is unwelcoming to the industry. Request: The General Assembly is requested to establish a new media and technology income tax credit as was envisioned by HB2163 of the 2019 session of the General Assembly, sponsored by Delegate Glenn Davis. This credit would equal 15%of expenses or 20%for productions in economically distressed areas in Virginia. Expenses eligible for the tax credit include purchases that were exempt from sales tax unless 6 purchases were made at least 1 year prior to such tax payer entering into an agreement with the Virginia Film Office. Productions may receive additional credits of up to 20% of production costs over $250K and compensation payed to Virginia residents who are first time actors or production crew members. The bill further provides that credits may be carried over to subsequent tax years for up to 10 years and transferred to another party upon payment to the department of a fee of 2%. 1 f ::, 120 14. DEFINITION OF SMALL BUSINESS SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON Background Information: Currently there are multiple definitions for small businesses in the code of Virginia. The one that is utilized most predominantly is in the Virginia Public Procurement Act. This states that a small business means a business independently owned and controlled by one or more individuals who are US citizens or legal resident aliens and together with affiliates has 250 or fewer employees or annual gross receipts of$10 million or less averaged over the previous three years. Under this current definition a "small business could have 250 employees and greater than annual gross revenues of$10 million". This means that a certified small business could have unlimited annual revenue and receive the benefits of being a small business under the code. Request: The General Assembly is requested to amend the code of Virginia section 2.2 —4310 to substitute the word "and" for"or" in the definition of a small business. This would mean that a small business would be defined as having 250 or fewer employees and annual gross receipts of$10 million or less averaged over the previous three years .This is thought to provide a truer definition of a small business in Virginia than the current code. rJ iYYS� 1 ` 121 15. REQUEST TO AMEND 2019 ACTS OF ASSEMBLY, C. 793 TO ALLOW CDA FINANCING AND TO EXTEND THE DATE OF TAX INCENTIVE SPONSORED BY COUNCILMEMBER JOHN MOSS Background Information: In January, the City Council authorized the execution of a Term Sheet for the development of definitive project documents for the Dome Site Project (the "Project"). The Project was subsequently rebranded as Atlantic Park. Separately, the 2019 General Assembly, through the work of Delegate Knight and Senator Wagner, enacted Chapter 793. This legislation provides a mechanism for the capture of sales and use taxes for a "sports and entertainment district." The defined district is in the same area as Atlantic Park. The City believes the revenues from Chapter 793 will be an important part of the City's financing of its obligations related to the Project. Two issues have emerged that may require the General Assembly to amend Chapter 793. First, there is discussion of the use of a Community Development Authority ("CDA") to assist in the financing of certain improvements that are part of the Project. The CDA tool allows for the imposition of additional levies and special assessments at the Project, which allows the beneficiaries of the increased costs of infrastructure to participate more directly in paying for such improvements. Second, because of the time needed to finish the pre-development work and construction of the Project, the outside dates prescribed in Chapter 793 may not be sufficient to provide the assistance originally intended.As such,this request seeks to offer additional years that will provide for the incentive to align with the duration of the City's obligations. Request: The City Council requests the General Assembly amend Chapter 793 of 2019 Acts of Assembly as follows: • Amend the second sentence of§ 15.2-5931(A) to read as follows: "As used in this chapter, "bonds" includes notes of any kind, interim certificates, refunding bonds, or any other evidence of obligation issued by the City of Virginia Beach, the City of Virginia Beach Development Authority, or a community development authority formed by the City pursuant to sections 15.2-5152 through 15.2- 5159 and within the Sports and entertainment district." • Amend § 15.2-5932(C) to allow the use of the Fund to pay for expenses or debt service associated with a community development authority at the sports or entertainment district. • Amend § 15.2-5933(A)(2) to change the date from "July 1, 2039" to "July 1 following the 20th anniversary of the completion of construction of the Sports and entertainment project." N'"'e�c yr ft, e5 r o q*�tS:LCfi6` PUBLIC NOTICE PROPOSED CHARTER AMENDMENT On Tuesday,October 1,2019,at 6:00 pm In the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. The proposed amendment to the City Charter will require a member of the Council to resign his or her office to run in an election for another position on the City Council. The City Charter currently has a resign to run provision for the office of mayor. The proposed change will make the resign to run requirement apply for any office other than the office the member currently holds. The hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385- 4303. Hearing impaired,TDD- 711. Amanda Barnes City Clerk Pilot September 21,2019 4 rfr-- -,..,-...„. ,,,,,,i,,,., ,;,,, ,_ . ,, ,,,, ,,,,,k77, -I!„ •,:,..,„,,„,, PUBLIC HEARING TO CONSIDER SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City- owned property, Tuesday, October 1,2019 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center,Virginia Beach,Virginia. The property to be sold is located at 2224 London Street (GPIN: 2407-02-6550). The purpose of this hearing will be to obtain public input to determine p whether this property should be declared "Excess of the City's needs"and be sold. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385-4303; Hearing impaired,call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #23, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757)385-4161. All interested parties are invited to attend. Amanda Barnes City Clerk Beacon: September 22,2019 [ ,--.,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 2224 London Street (GPIN 2407- 02-6550) to be in excess of the City's needs and authorizing the City Manager to sell the property to Jose J. and Paige Medrano PUBLIC HEARING DATE: October 1, 2019 MEETING DATE: October 15, 2019 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 2224 London Street, containing approximately 15,017 sq. ft. (the "Property") on March 26, 2013 for $187,000. At the time of acquisition, the Property was improved with a residential dwelling that has been demolished. Jose J. and Paige Medrano (the "Medranos"), own the adjacent property at 2232 London Street, which is developed with their residence. The Medranos previously purchased 2228 London Street from the City and incorporated it into their residence. The Medranos propose to purchase the Property for $15,017 ($1/sq. ft.) and resubdivide the two properties into one residential lot at the City's expense. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. The Medranos are required to incorporate the Property into their lot as part of the disposition process. The Medranos offer of $1/sq. ft. is in compliance with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and public notice via the normal City Council agenda process. The public hearing will be held on October 1 , 2019. • Alternatives: Retain ownership of the Property. • Recommendations: Approval. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $15,017 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Disclosure Statement and Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 2224 LONDON 3 STREET (GPIN 2407-02-6550) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO JOSE J. AND 7 PAIGE MEDRANO 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that to certain 15,017 (+/-) sq. ft. parcel of land located at 2224 London Street (the "Property") 11 more particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home; 22 23 WHEREAS, Jose J. and Paige Medrano (the "Medranos") own the 24 adjacent property and they have requested to purchase the Property in order to utilize it 25 in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, by ORD-3306A adopted on September 24, 2013, the 28 Medranos purchased 2228 London Street from the City and incorporated it with their 29 current residence; 30 31 WHEREAS, the Medranos desire to purchase the Property to further 32 expand their residential lot in accordance with the Summary of Terms attached hereto 33 as Exhibit "B" and made a part hereof; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Property to be in excess of the City's needs and sell the Property to 37 the Medranos; and 38 39 WHEREAS, the City Council is of the opinion that the property is in excess 40 of the needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the Property is hereby declared to be in excess of the needs of the 46 City of Virginia Beach and that the City Manager is hereby authorized to execute any 47 documents necessary to convey the Property to the Medranos in accordance with the 48 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 49 modifications as may be acceptable to the City Manager and in a form deemed 50 satisfactory by the City Attorney. 51 52 Further, that revenue from the sale of the Property in the amount of 53 $15,017 shall be received, and fifty percent (50%) of this amount shall be deposited for 54 appropriation in future Capital Improvement Program capital budgets in Capital 55 Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition 56 II, and fifty percent (50%) shall be deposited for future payment by the City Manager to 57 refund the Commonwealth of Virginia's portion in accordance with the grant agreement. 58 59 This ordinance shall be effective from the date of its adoption. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 62 day of , 2019. CA 14647 R-1 5/31/19 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p033\00562179.doc AP' J ' AS 0 CONTENT AP ROVED AS TO CONTENT ago) "u•lic •rks Bud et & Management Services APPROVED AS TO LEGAL SUFFICIENCY Ci y rney' Office AT:V" EXHIBIT "A" GPIN 2407-02-6550 (2224 London Street) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "LOT 37", as shown on the plat entitled: "REVISED PLAT OF GATEWOOD PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Tracy Acela, formerly Tracy A. Clark, dated March 25, 2013, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20130326000344900. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 2224 LONDON STREET SELLER: City of Virginia Beach BUYERS: Jose J. Medrano and Paige Medrano PROPERTY: Approximately 15,017 square feet of property generally known as 2224 London Street (GPIN: 2407-02-6550) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALE PRICE: $15,017 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resu-bdivide the Propel of its expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. W - `m z 3 a SLUDGEsRD '' m t— .' N -Iv _.. .. t� � WZLil It � a d W o 1 - O U .* o 0' O o — C7J } Q d L gf- 0U O 0..._ � H ct 1.1 T U o a- , _ - -, a x = ( X o ♦ y• ii - 0 s -, _ a) an d N .a C C tC O . . \_________________t-- 11, C V! N O e7 ,�, �_ R N 4 ',. '\ ,w.: ;, :---- --.- , k -3 :jil . ' . . \ ,,- Ilk ili ,,,,,I,,,,,,s,,,,.„ , . r dii # ty�7 0 , ,.. . , rC �: a`4+ r... ,,, y O COCA t . - e., t U Lc) " m CI- c _A r` r� -0N U a sort,cl Paw Virginia Beach APPLICANT'S NAME JO5c WC/44410 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the appllcation(s). V APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: )//Le/ 4 j ❑ REVISIONS SUBMITTED DATE: ( / � NAM Vtrgj j Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. /� (A) List the Applicant's name:--hC�� 1'"d'�G ti P li1JyYv if an LLC, list all member's names: �� If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property_ owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: _ If an LLC, list the member's names: Page 2 of 5 civViA Virginia Beat) If a Corporation, Ilst the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner In one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any Item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virgich YES NO SERVICE PROVIDER(use addttiooatnia sheetsBea If -� needed I ❑ Accounting and/or preparer of your tax return ❑ r Architect/Landscape Architect/ Land Planner ❑ [t3Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers ❑ / Any other pending or proposed ❑/ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Q Construction Contractors ❑ [ Engineers/Surveyors/Agents Financing(include current Al 3 217 ❑ mortgage holders and lenders anti GQyY selected or being considered to VI AAA 'l rCCLd,V&k. provide financing for acquisition 5. El Legal construction of the property) Legal Services { w04 sy geS Real Estate Brokers / ❑ a Agents/Realtors for current and anticipated future sales of the subject property s • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ VDoes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 4 of 5 Virginia Beach 1 CERTI FI CATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this AppIication. , 4) Gose { f 7h1(a%tr4.42 ! PA'i6e E, 1►1 ThQ*&ua I S 21 (CANT SIGNATURE PRINT NAME DATE PROPERTY OWNER S SIGNATURE PRINTNAME I DATE '{ Page 5 of 5 7-,4.,,4,,",.',,mft."..„s 18,e,„,.,..,,ccf'r .,•s IV5I,,,.41,„'.a'. uy 5 s i pFw t.° .. PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on October 1, 2019 in the City Council Chamber regarding the proposed grant of a franchise to Virginia Beach Horseback, Inc. to conduct guided horse riding tours on the sand beach in the City of Virginia Beach,Virginia. The purpose of the hearing will be to obtain public comment on the proposed use of City property.A copy of the franchise agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, CVB/Resort Management Office,by calling(757)385-4800. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon: Sunday, September 29, 2019 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-3 re Appointments to Boards and Commissions(Requested by Council Member Henley) b. 4-1 re Special Events Permits 2. Resolution to MOVE the November 5,2019,Regular Meeting of the City Council to November 12, 2019(Requested by City Council) 3. Resolution to DECLARE November 15 — December 15, 2019, as Buy Local Month (Requested by Council Member Wooten) 4. Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow guided horse riding tours on the beach 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition, construction, renovation, rehabilitation and equipping of the approximately 186-Unit The Commons at Princess Anne Multi-Family Housing Facility 6. Ordinance to AUTHORIZE temporary encroachments into portions of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located the rear of 4321 Blackbeard Road re remove existing pier,construct and maintain proposed riprap revetment,timber pier and boat ramp and maintain the existing bulkhead and fencing 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States Coast Guard for up to five (5) years for 36 +/- square foot portion of City property located on the Jetty on the North side of Rudee Inlet re lighting, power supply equipment and associated navigational aids 8. Ordinance to APPROPRIATE $139,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant awards, canines, rifle mounted lasers,light replacements and tactical training 9. Ordinances to ACCEPT and APPROPRIATE: a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police Operating Budget and TRANSFER$25,917 within the FY 2019-20 Police Operating Budget to provide the required local grant match re marine patrol equipment b. $98,619 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS)to the FY 2019-20 Human Services Operating Budget; AUTHORIZE one(1) full- time position and CONVERT one (1) part-time position to a full-time position re STEP-VA Primary Care Screenings Services Program c. $195,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS)to FY 2019-20 Human Services Operating Budget and AUTHORIZE two (2) full- time positions re STEP-VA Outpatient Behavioral Health Services Program d. $226,821.41 in developer contribution from Renaissance Apts. I, L.P. to CIP #2-025 Witchduck Road Phase II re construction of required improvements N fv [ .017:1kit?,, o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-3 Regarding Appointments to Boards and Commissions MEETING DATE: October 1, 2019 ■ Background: Currently, the City Council nominates and votes on appointees to boards and commissions after discussing the nominees earlier the same day as the vote, regardless of whether the person is being reappointed or whether the person is being nominated to a board or commission for an initial term. • Considerations: This ordinance would amend the City Code to provide that no person may be nominated for appointment to an initial term on a board or commission unless that nominee's potential appointment to the board or commission was previously discussed by the City Council during a prior Council meeting. Such discussion could occur during the open or closed portion of the prior meeting, in accordance with the Virginia Freedom of Information Act. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-3 REGARDING APPOINTMENTS TO BOARDS 3 AND COMMISSIONS 4 5 Sec. 2-3. - Limitation on terms of members of boards and commissions; application 6 for-appointment of such members. 7 8 (a) Any person appointed to a board or commission of the city shall be limited to: 9 (1) Eight (8) consecutive one-year terms. 10 (2) Four(4) consecutive two-year terms. 11 (3) Three (3) consecutive three-year terms. 12 (4) Two (2) consecutive four-year terms. 13 (5) Two (2) consecutive five-year terms. 14 15 The council shall limit its selections to those persons who have submitted applications 16 on forms approved by the council and on file with the city clerk. Each member of the 17 council may review the applications fifteen (15) days prior to the appointment. 18 19 No person may be nominated for appointment to an initial term unless that nominee's 20 potential appointment to the board or commission was previously discussed by the City 21 Council during a prior Council meeting. Such discussion may occur during the open or 22 closed portion of the prior meeting, in accordance with the Virginia Freedom of 23 Information Act. 24 25 (b) Notwithstanding the provisions of subsection (a) above, city council may, by an 26 affirmative vote of a majority of all of the councilmembers, reappoint a person to an 27 additional term beyond that permitted by subsection (a)when, by virtue of the unique 28 qualifications of the position or other extenuating circumstances, doing so would 29 serve the best interests of the city. 30 31 (c) Term limits shall not apply to appointees of the board of building code appeals. The 32 members of each division of the board of building code appeals shall serve at the 33 pleasure of city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14830 R-ALT2 September 17, 2019 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Amend Section 4-1 of the City Code Pertaining to Special Events Permits MEETING DATE: October 1, 2019 • Background: This amendment to City Code Section 4-1 is in reference to short term rental parcels and when they must obtain a special event permit. City Council approved Section 241.2 of the City Zoning Ordinance relating to Short Term Rentals on January 15, 2019. The requirements of section 241.2 will become effective on November 1, 2019. This amendment brings section 4-1 into conformity with the requirements of the CZO regarding special event permits. • Considerations: This amendment requires a special events permit for all activities on a parcel that is used as a short term rental when more than 50 people are present. No more than 100 people can be present even with the special events permit. Only three (3) special events permits per year may be approved. • Public Information: Public information will be provided through the normal Council agenda process and was provided with the approval of the short term rental ordinance. • Recommendations: Adoption of this Ordinance amendment will provide further neighborhood protection from the consequences of large parties, including noise, traffic, and congestion. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency:— Convention and Visitors Bureau �`( r- City Manager: a— 1 AN ORDINANCE TO AMEND SECTION 4-1 2 OF THE CITY CODE PERTAINING TO 3 SPECIAL EVENT PERMITS 4 5 Section Amended: § 4-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 4-1 of the City Code is hereby amended and reordained to read as 11 follows: 12 13 Sec. 4-1. - Permit for special events. 14 15 (a) Events for Which Permit Required. No person or entity shall hold, organize 16 or sponsor any of the following events or activities unless a permit therefor 17 has been granted by the city: 18 19 . . . . 20 21 (8) Scheduled gatherings of two hundred (200) or more persons on any 22 public property, other than parks. 23 24 (8a) Activities on a parcel being used as a short term rental property as 25 defined in Section 111 of the City Zoning Ordinance, at which fifty (50) or 26 more people are present. Further, no more than one hundred (100) total 27 people shall be present at the activity. No more than three (3) special 28 events permits shall be issued within a twelve (12) month period. 29 30 . . . . 31 THIS ORDINANCE SHALL BE EFFECTIVE ON NOVEMBER 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention and Visitors Bureau `B. dy , ' n Deputy ' Attorney CA14243/R-4/September 17, 2019 , „, ��VWti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the November 5, 2019 Regular Meeting of the City Council to November 12, 2019 MEETING DATE: October 1, 2019 • Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Except for July and December, regular meetings are held on the first and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. • Considerations: November 5, 2019 is the first Tuesday of November. This date is also the date of the 2019 general and special elections. The City does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. The resolution reschedules the November 5th meeting for Tuesday, November 12tt' • Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. • Attachment: Resolution REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 A RESOLUTION MOVING THE NOVEMBER 5, 2019 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 12, 2019 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, November 5th is the 2019 general and special elections; and 13 14 WHEREAS, the City Council does not want any citizen to have to choose between 15 exercising the right to vote and attending the City Council meeting. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for November 5, 2019 is hereby 21 rescheduled for November 12, 2019. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 and City Council Chambers. 24 3. The City Clerk shall post a copy of this resolution on the door of the City Council 25 Chambers from the date of adoption until 6 p.m. on November 12, 2019, and 26 provide a notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APP ED AS TO LEGAL SUFFICIENCY: • ofney's Office CA14891 R-1 September 17, 2019 Nu �s[. � { CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Declare November 15 — December 15, 2019, as Buy Local Month MEETING DATE: October 1, 2019 • Background: At its July 18, 2019 meeting the Hampton Roads Planning District Commission (HRPDC) established November 15th— December 15 as Buy Local Month. The HRPDC circulated a draft proclamation for Buy Local Month, which is attached to this item. At the July 18th meeting the HRPDC encouraged the member localities to utilize the proclamation or to adopt resolutions to declare November 15th— December 15 as Buy Local Month. • Considerations: The attached resolution mirrors the enactment of the HRPDC to declare November 15th — December 15 as Buy Local Month. This resolution, which was passed out during the informal session on September 17, 2019, continues the Council's support of local businesses that create jobs, boost the local economy, and preserve our neighborhoods. • Public Information: Normal Council agenda process. • Attachments: Resolution; Exhibit A (HRPDC Proclamation) Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DECLARE NOVEMBER 15 — 2 DECEMBER 15, 2019 AS BUY LOCAL MONTH 3 4 WHEREAS, at its July 18, 2019 meeting the Hampton Roads Planning District 5 Commission (HRPDC) established November 15th— December 15 as Buy Local Month; 6 and 7 8 WHEREAS, the HRPDC circulated a draft proclamation for Buy Local Month, 9 which is attached hereto as Exhibit A; and 10 11 WHEREAS, the City Council supports local businesses that create jobs, boost the 12 local economy, and preserve our neighborhoods; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The Council hereby declares November 15-December 15, 2019 as "Buy Local 18 Month," and it urges all citizens to join in this celebration and to buy local for the holidays 19 and throughout the year. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City A� ro ney's Office CA14804 R-2 September 24, 2019 se. WHEREAS; The Hampton Roads Planning District Commission is proud to join the region together in supporting and celebrating local-independent businesses and the impact they have on the region's culture, economy and character; and WHEREAS, by "Buying Local," Hampton Roads' residents embrace this unique, vibrant community and recognize that it's the one-of- a-kind businesses that keep us from becoming "Anywhere, USA" and encourage a strong sense of pride in place; and WHEREAS, by "Buying Local," Hampton Roads' residents create prosperity for all. The "multiplier effect" of locals choosing locals creates diverse job opportunities, protecting us from the effects of economic downturns; and WHEREAS, by "Buying Local," Hampton Roads' residents help to improve and protect the environment. The purchasing habits, central location and smaller footprint of local businesses often results in less pollution and congestion; and WHEREAS, by `Buying Local," Hampton Roads' residents keep money circulation in the local economy. For every $100 spent at a local-independent business, $45 goes back into the community,versus only $14 when spent at a national chain store; and WHEREAS, by "Buying Local," Hampton Roads' residents support a healthy and happy community. Studies show that those who live in communities where local-independent businesses are the norm are healthier — and thus happier; and WHEREAS, by acknowledging November 15 through December 15, 2019 as Buy Local Month, the Hampton Roads Panning District Commission supports our local businesses that create jobs,boost our local economy and preserve our neighborhoods. NOW, THEREFORE, I, , Commissioner, City/County of , do hereby proclaim November 15 — December 15, 2019 as "Buy Local Month," and urge all citizens to join in this celebration and to Buy Local for the holidays and throughout the year. f�4„1', A�OS i ,`�yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise to Allow Guided Horse Riding Tours on the Beach MEETING DATE: October 1, 2019 • Background: Since 2006, City Council has granted multiple franchise agreements for guided horse riding tours on the beach in the Resort Area during the non-summer months of October through May. Most recently in 2014, City Council approved the award of a one-year franchise agreement, with the option of four one-year renewals, to Virginia Beach Horseback, Inc. ("VBHI"). The VBHI franchise agreement expired in May 2019. • Considerations: The Resort Management Office determined that it would be beneficial to continue offering guided horse tours at the oceanfront. On August 30, 2019, the City issued an invitation to bid seeking bids for a franchise agreement for guided horse tours at the oceanfront. The City received one bid, which was from VBHI. The initial term of the proposed franchise is October 2, 2019 through May 28, 2020. The franchise may be renewed for up to four one-year terms upon the mutual written agreement of the City and VBHI. The annual franchise fee is two thousand six hundred dollars ($2600). • Public Information: A public notice was published in The Beacon on September 29, 2019. • Attachments: Ordinance, Disclosure Statement, and draft franchise agreement. Recommended Action: Approval Submitting Department: CVB/Resort Management Office * r City Manager: ° 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council has granted multiple franchise agreements for guided 5 horse riding tours on the beach in the Resort Area during the non-summer months of 6 October through May; 7 8 WHEREAS, most recently in 2014, City Council approved the award of a one- 9 year franchise agreement, with the option of four one-year renewals, to Virginia Beach 10 Horseback, Inc. ("VBHI"); 11 12 WHEREAS, the VBHI franchise agreement expired in May 2019; 13 14 WHEREAS, the Resort Management Office determined that it would be 15 beneficial to the City to continue offering guided horse tours at the oceanfront, and the 16 City issued an invitation to bid on August 30, 2019; 17 18 WHEREAS, the City received one bid, which was from VBHI; 19 20 WHEREAS, the initial term of the proposed franchise is October 2, 2019 through 21 May 28, 2020; 22 23 WHEREAS, the franchise may be renewed for up to four one-year terms upon 24 the mutual written agreement of the City and VBHI; 25 26 WHEREAS, the annual franchise fee is two thousand six hundred dollars; and 27 28 WHEREAS, the Resort Management Office recommends that VBHI be granted a 29 franchise agreement for the term of October 2, 2019 through May 21, 2020, with the 30 option for four one-year renewals upon mutual written consent of the City and VBHI. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby grants a franchise agreement to Virginia Beach 36 Horseback, Inc. for the period of October 2, 2019 through May 21, 2019, with the option 37 for four one-year renewals, subject to the terms and conditions of the franchise 38 agreement and all applicable ordinances, resolutions, and regulations to allow guided 39 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 40 his designee to execute a franchise agreement with Virginia Beach Horseback, Inc. in a 41 form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY CVB/Resort Management Office City Attorney's Office CA14889 R-1 September 19,2019 VD Virginia Beach APPLICANT'S NAME \iiRGimi __.-13Eac_H ricer ; SACK trvc . DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 I APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any ! Page 1 of 7 Plannin..Commission and Cit, Council meetin that ;ertains to the ao lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: -. Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [j Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: VI2tCINIA IL[ aLHO SACK lNC . If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) CHASE coSTErk (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N /A See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 V Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) v/fc/ 4 Bositere (a.ioy £csit (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATELY Page 3 of 7 • APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ El Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ✓❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ © Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ Q contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /�-� 0, , � CHASE A. l oar Z 9I��JIR APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach ___..._...._..__.-- YES NO SERVICE PROVIDER (use additional sheets if needed) Q © Accounting and/or preparer of your tax return El2 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) © Construction Contractors EtEngineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 2 Legal Services Real Estate Brokers / VAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 C141 of Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. uru _ 61.454 _. V ViG`t//vl�c.. 1.V , t a 1 PROPER OWNER'S SIGNATURE PRINTINAME ATE I - ao► Page 7 of 7 FRANCHISE AGREEMENT FOR GUIDED HORSE RIDING TOURS ON THE BEACH IN THE RESORT AREA THIS AGREEMENT,made the th day of ,2019("Effective Date"),by and between the CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City," and , with a principal place of business at , hereinafter referred to as "Grantee." WITNESETH : WHEREAS, Grantee submitted a bid to the City for a franchise to for the right to conduct guided horse tours(hereinafter,the"Work")at the City's oceanfront on public property in and around the Resort Area; and WHEREAS, to that end, Grantee represents that it will comply with all applicable provisions of federal,state,and municipal law,and all pertinent rules and regulations of any board,committee,agency, or commission thereof; and WHEREAS,the City finds that the Work promotes the public interest and would serve to enhance the festive atmosphere at the oceanfront. Now, therefore, for and in consideration of the mutual promises and covenants herein set forth, it is agreed as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein below is conditional, the grant of such franchise being conditioned upon Grantee's obtaining any other required permits and/or licenses, and being further conditioned upon Grantee's compliance with all of the terms and conditions of this Agreement. It is expressly agreed and understood by Grantee that the Boilerplate Revision December 30,2013 City of Virginia Beach 1 IFB#(Requisition entered 7-23-19) failure of Grantee to obtain any one or more of the required approvals, licenses, or permits shall render this Agreement null, void, and of no force and effect. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such further conditions as the City may, in its discretion, impose upon Grantee. 2. Grant of Franchise a. Subject to the provisions of paragraph 1 of this Agreement, or any other condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a franchise to conduct guided horse riding tours on the sand beach east of the Boardwalk between Rudee Inlet and 42nd Street in the City of Virginia Beach, Virginia ("Premises"). The Grantee may submit to the City a written request to expand the scope of the Premises. Any request to expand the scope of the Premises must be approved, in writing,by the City. The term of the Agreement shall be one(1)year,beginning September 16, 2019 and terminating on May 28, 2020. Four (4) additional one (1) year renewals may be granted upon mutual written agreement of the Grantee and City to extend the term of the franchise. b. The time of operation during the initial and each subsequent term of the franchise shall be as follows, unless otherwise agreed to in writing by the City: (i) Grantee shall operate guided horse tours from Friday to Sunday daily from sunrise to sunset unless inclement weather conditions prevail. (ii) Grantee shall be allowed, in its sole discretion,to operate guided horse tours from Monday to Thursday, daily from noon to sunset. c. The City reserves the right to suspend or modify the hours of operation in the event that the beach is being used for(1) permitted special events; or (2) a City-sponsored function or event. The City further reserves the right to suspend or modify the hours of operation if(i) the City Manager or his authorized designee determines that weather conditions are of an intensity and/or duration such that the tours would pose a danger to the health, safety, and welfare of the public; or (ii) the Chief of Police or Boilerplate Revision December 30,2013 City of Virginia Beach 2 IFB#(Requisition entered 7-23-19) his designee determines that allowing horseback riding on a specific day would jeopardize the public safety. 3. Franchise Fee a. Grantee shall pay to the City for use of the Premises an annual fee, hereinafter the "Franchise Fee," in the amount of . Said fee shall be paid in full on the Effective Date of this Agreement. b. In the event the parties agree in writing to renew the term of this Agreement,the Franchise Fee for each Renewal Term shall be . c. The failure of Grantee, for any reason, to pay the Franchise Fee shall constitute grounds for the immediate cancellation of this Agreement and forfeiture of any rights conferred upon Grantee by this Agreement. The City may, but shall not be required to, extend the period of time within which a payment shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. d. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason,no portion of any monies paid by or on behalf of Grantee on account of the Franchise Fee shall be refundable. 4. Nonexclusive Franchise It is expressly understood and agreed by Grantee that the franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchise to any person, firm, corporation, or other entity at any time and from time to time. 5. Compliance with Law Grantee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Guided Horse Tours. 6. Operational Criteria Boilerplate Revision December 30,2013 City of Virginia Beach 3 IFB#(Requisition entered 7-23-19) a. Grantee and all tour operators shall have the appropriate husbandry practices including, feeding, watering, and providing the proper of level of rest in connection to the type and duration of guided tour activities. b. Guided horse tours shall be operated at a walking pace and in single file lead by an identifiable employee of the grantee with a minimum of five (5) years of horse riding experience and capability of handling horses. All tours will be conducted in the center of the sandy beach area, between the boardwalk and water's edge. c. No more than nine (9) horses are allowed for the guided tour operation including one (1) horse for tour guide will be allowed per tour group. A maximum of two (2) tour groups will be allowed to operate at one time. d. The City shall require and approve an operating plan to accommodate riders with different experience levels in riding horses. e. Horses used in tour operations shall demonstrate the ability and training to hold position in single file and be conditioned to noises,people and other animals without being frightened or reacting in a manner that may cause harm to the rider or bystanders. City shall approve demonstration method. f. All riders shall wear helmets at all times when on the horse. g. All horses shall wear Bun-Bags or equivalent devices for the collection of manure at all times.All manure will be collected and disposed of daily by grantee. Grantee will disinfect urine deposits on the beach daily. Grantee will use an ATV to follow all tours to collect any manure not collected by Bun-Bags. h. Grantee shall provide the City all certifications ensuring all horses are rabies free and have Negative Coggins Certifications. Boilerplate Revision December 30,2013 City of Virginia Beach 4 IFB#(Requisition entered 7-23-19) i. A temporary corral may be installed on the beach and remain in place if tours will be operated within the next two (2) subsequent days. If tours will not be operated for 3 or more days the corral shall be removed and properly stored off premises. j. No horses shall be unloaded from trailers on the boardwalk. Unloading plans shall require approval by the City. k. All saddles and riding equipment shall be kept in good working condition at all times. 1. All solicitations for the tours shall take place on private property. Grantee or the tour operator cannot use any public property to solicit tour services. m. Tour operator must be employed by Grantee. n. Tour operator must be present with tour patrons at all times during the tour. o. Grantee shall provide to each of its employees, attire which appropriately identifies the horse riding tour operation. Such attire shall be approved by the Resort Administrator, Resort Management Office. The approved attire must be worn by on-duty employees during all hours of operation. Failure of an employee to be properly attired shall result in the tour being discontinued until the proper attire is obtained. All outer wear shall have at least a name tag with the Grantee's official logo or company name. p. Persons operating horses cannot sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection to time shares, vacation packages, lodging accommodations,hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments. q. No advertisements,other than the name of Grantee,and the fee for the use and the location of the Tour station shall be placed or maintained by the Grantee on or in the Premises. r. Any changes in the operational criteria shall require prior written approval of the Resort Administrator, Resort Management Office. Boilerplate Revision December 30,2013 City of Virginia Beach 5 IFB#(Requisition entered 7-23-19) s. Grantee shall further adhere to all specification set forth in the attached Exhibit A, Horse and Carriage Franchise Operating Standards, and Exhibit B, Carriage Operators of North America Guidelines and Standards of Operation, attached hereto and incorporated fully herein by reference. 7. Condition of Premises Grantee shall be responsible for repairing all damage to public property caused by its operation. Any and all damages resulting from the Grantee's operation shall be immediately reported to the Resort Administrator or his/her designee and repaired within a time period specified by the City. 8. Permitted Uses Grantee shall not use the Premises,nor suffer the Premises to be used, for any purpose other than as contemplated by this Agreement. 9. Right of Inspection Grantee agrees to allow representatives of the Virginia Beach Animal Control Bureau, Virginia Beach Police Department Mounted Patrol, Department of Agriculture or Resort Management Office ("City Entities") to inspect the operation, health, and boarding locations (including locations on private property) of the horses to ensure compliance with these Operating Standards and the standards set forth in the Franchise Agreement. Before accessing private property to inspect boarding locations, City Entities shall provide the Grantee with twenty-four(24) hours advanced notice. 10. Assignment of Franchise Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the franchise agreement or any of Grantee's rights or obligations arising hereunder. In the event the City discovers Grantee made such an assignment, the Grantee will be found in breach of the terms of this Agreement, and the Agreement will be immediately terminated. 11. Interest of Grantee Boilerplate Revision December 30,2013 City of Virginia Beach 6 IFB#(Requisition entered 7-23-19) Grantee shall acquire no interest in the Premises, legal or equitable,other than the right to occupy such Premises during the term of this Agreement for the sole purpose of conducting the Work in compliance with, and subject to, the provisions of this Agreement, and such rights in and to Grantee's personally used in and about the operation of its establishment are as conferred upon Grantee by law. 12. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied, to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor, solely responsible for all obligations and liabilities of, and for all loss and damage to, Grantee's operation, including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 13. Hold Harmless/Indemnification It is understood and agreed that Grantee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Grantee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Grantee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of any activities on the premises by Grantee or those for whom Grantee is legally liable. Upon written demand by the City, Grantee shall Boilerplate Revision December 30,2013 City of Virginia Beach 7 IFB#(Requisition entered 7-23-19) assume and defend at Grantee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees, or officials. 14. Insurance a. Grantee shall, prior to the commencement of its operation, procure and shall thereafter maintain in full force and effect during the entire term of this Agreement,a policy or policies of insurance protecting and insuring Grantee and the City, and their agents, employees, and officials against any loss, liability, or expense whatsoever, from personal injury, death, or property damage arising out of or occurring in connection with Grantee's occupancy of the Premises or conduct of its operation, whether such injury, death, or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be named as insured under any and all such policies. Such policy or policies shall be written by a responsible insurance company or companies licensed to conduct the business of insurance in the Commonwealth of Virginia and acceptable by the City. Such policy or policies shall be in a comprehensive general liability form, including products liability coverage, and shall be in an amount not less than two million dollars ($2,000,000) combined single limits. The risks covered by any such policy or policies of insurance shall not be limited nor the amount of coverage there under reduced by reason of any insurance that may be maintained by the City. b. Prior to the commencement of its operation and without demand by the City, Grantee shall furnish to the Resort Management Office a certificate(s) of insurance showing Grantee's compliance with the foregoing requirements. Any such certificate(s)shall state that the policy or policies of insurance named therein will not be cancelled or altered without giving at least thirty (30) days prior written notice to the City. c. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding paragraph of this Agreement. Boilerplate Revision December 30,2013 City of Virginia Beach 8 IFB#(Requisition entered 7-23-19) 15. Audit The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Grantee, including, but not limited to those kept by Grantee,its employees,agents,assigns, successors and subcontractors. Grantee shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through its employees, agents, representatives, contractors or other designees, during normal business hours at Grantee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This paragraph shall not be construed to limit, revoke, or abridge any other rights,powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 16. Abandonment In the event Grantee shall abandon its operation, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 17. Termination of Franchise a. The City shall have the right to cancel this Agreement and terminate the franchise on notice to Grantee upon the occurrence of any of the following events: Boilerplate Revision December 30,2013 City of Virginia Beach 9 IFB#(Requisition entered 7-23-19) (1) The failure of Grantee to secure any approval, license, or permits required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee or Grantee's subcontractors, agents, employees, or independent contractors,under or in connection with this Agreement,to fulfill, abide by,or comply with any condition of the grant of the Agreement. (3) The failure of Grantee to pay the Franchise Fee required hereunder, or any Supplemental Franchise Fee. (4) The failure of Grantee to comply with any statute, ordinance, regulation,or other law applicable to the ownership or management of its operation or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than that which is expressly permitted by this Agreement. (6) The failure of Grantee to procure any policy or policies of insurance required by this Agreement, to have been procured prior to the commencement of Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage there under to be less than the amounts required by paragraph 14 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured there under. (7) The purported assignment, delegation, or other transfer by Grantee of the franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (8) The refusal of Grantee to permit inspection of the operation by the City as set forth in this Agreement. (9) The death of Grantee, if Grantee is the sole proprietor, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. Boilerplate Revision December 30,2013 City of Virginia Beach 10 IFB#(Requisition entered 7-23-19) b. The election by the City to exercise its right to cancel this Agreement and to terminate the franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. Upon termination of this Agreement and the franchise, Grantee shall immediately cease all operations upon the Premises. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of the events herein above enumerated or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease its operation until such time as the City shall permit Grantee to continue its operation. Such permission shall be granted by the City at such time as Grantee shall have remedied the breach or breaches of this Agreement giving rise to such suspension. 18. Publicity The City shall have the right to photograph Grantee's operation and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 19. Notice All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee stated in its application or to the Resort Administrator or designee, 2101 Parks Avenue, Suite 302, Virginia Beach, Virginia 23451, or to such other address as either party may direct by notice given as herein above provided. 20. Severability Boilerplate Revision December 30,2013 City of Virginia Beach 11 IFB#(Requisition entered 7-23-19) The provisions of this Agreement shall be deemed to be severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable,the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 21. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 22. Entirety of Agreement This Agreement and any exhibits constitute the final, complete and exclusive written expression of the intentions of the parties, and shall supersede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the parties. 23. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 24. Modification No modification,revision,or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 25. Governing Law/Venue This Agreement and the franchise shall be governed and construed by the laws of the Commonwealth of Virginia, and the parties hereto designate the appropriate courts of competent Boilerplate Revision December 30,2013 City of Virginia Beach 12 IFB#(Requisition entered 7-23-19) jurisdiction of the City of Virginia Beach, Virginia or the U.S. District Court for the Eastern District of Virginia,Norfolk Division, for purposes of litigation and venue. 26. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith-Based Organizations. 27. Compliance with Immigration Laws Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 28. Business Entity Registration The Grantee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Grantee shall submit proof of such registration to the City. Additionally, the Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the Agreement. 29. Business License Requirement If the Grantee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business,trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Grantee covenants that it has a business license where one is required to perform this Agreement. IN WITNESS WHEREOF, the following signatures and seals: Boilerplate Revision December 30,2013 City of Virginia Beach 13 IFB#(Requisition entered 7-23-19) CITY OF VIRGINIA BEACH By City Manager/Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He is personally known to me. GIVEN under my hand this day of , 2019. Notary Public My Commission Expires: Registration No.: Boilerplate Revision December 30,2013 City of Virginia Beach 14 IFB#(Requisition entered 7-23-19) ATTEST: City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that,Ruth Hodges Fraser, City Clerk, for the CITY OF VIRGINIA BEACH,whose name as such is signed to the foregoing Permit Agreement,has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of , 2019. Notary Public My Commission Expires: Registration No.: Boilerplate Revision December 30,2013 City of Virginia Beach 15 IFB#(Requisition entered 7-23-19) (COMPANY NAME) By: Name: Title: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that GRANTEE, , of Virginia Beach Horseback, Inc., whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced as identification. GIVEN under my hand this day of , 2019. Notary Public My Commission Expires: Registration No.: Boilerplate Revision December 30,2013 City of Virginia Beach 16 IFB#(Requisition entered 7-23-19) Approved as to Content: Approved as to Legal Sufficiency: Resort Management Office City Attorney's Office Approved as to Risk: Risk Manager Boilerplate Revision December 30,2013 City of Virginia Beach 17 IFB#(Requisition entered 7-23-19) Exhibit A Horse and Carriage Franchise Operating Standards The following operating standards are hereby a part of the Franchise Agreement for Guided Horse Riding Tours on the Beach and the Franchise Agreement for Horse Carriage Rides on the Boardwalk. 1. All operators, drivers, stable hands, veterinarians and others who are employed by the franchisee, shall sign a statement indicating that they have never been convicted of animal neglect or cruelty. 2. The franchisee's veterinarian will certify the fitness of all horses. Such certification will be filed with the city at least semiannual basis, filing that certificate with the City so that it will be a part of a public record. 3. All complaints of any nature, along with all veterinary records, will be available for public review. 4. Grantee agrees to allow representatives of the Virginia Beach Animal Control Bureau, Virginia Beach Police Department Mounted Patrol,Department of Agriculture or Resort Management Office ("City Entities") to inspect the operation,health, and boarding locations (including locations on private property) of the horses to ensure compliance with these Operating Standards and the standards set forth in the Franchise Agreement. Before accessing private property to inspect boarding locations, City Entities shall provide the Grantee with twenty-four(24) hours advanced notice. 5. A waste management plan for the Bike Path, Boardwalk and Beach will be filed by the franchisee as part of the agreement. 6. Horses used for guided tours will not be used for carriage rides tour, or vice versa, during a 24 hour period. 7. All complaints of potential animal health or animal cruelty issues will be forwarded to the Resort Management Office for investigation by the inspection committee comprised of representatives from Animal Control, Dept. of Agriculture, Police and the Resort Management Office. Depending on the severity of the complaint, a veterinarian report may be required at the franchisee expense. A written response to the complaint will be made within 14 days. Exhibit B CARRIAGE OPERATORS OF NORTH AMERICA GUIDELINES AND STANDARDS OF OPERATION Adopted March 1, 1991 Revised February 26, 2003 Carriage Operators of North America maintains that facilities, businesses and individuals striving to follow these Guidelines and Standards will promote a safer and more humane environment for horse-drawn carriage activities. By establishing these Guidelines and Standards, CONA does not mean to suggest that these are the only ways in which to promote safety. Nor does CONA suggest or infer that those who do not follow these Guidelines and Standards engage in unsafe practices. In addition, CONA makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in these Guidelines and Standards. CONA cannot guarantee that adherence to these Guidelines and Standards will guarantee no accidents, injuries, or litigation. These Guidelines and Standards are intended to assist businesses and/or individuals in developing an individualized program designed to promote safety and humane treatment of carriage animals. I. Definitions II. Horse and Carriage Company Owners III. Equipment IV. Carriage Stands, Client Pick Up Locations,and Staging Areas V. Care and Shelter of Horses VI. Harness VII. Weather Conditions 'III. Feeding IX. Stables and Stalls X. Horse Drawn Carriage Driver Qualifications XI. Conduct of Drivers Preface It is well known that horse drawn operations attract both tourists and residents of any city in which they work. They are highly visible, image oriented businesses that help cities and towns promote a good image. Because of this high visibility, carriage operations are constantly under scrutiny and this scrutiny soon becomes legislation. CONA, an organization that promotes the safe use of horses and horse drawn vehicles on the streets of America, has developed these Guidelines and Standards of Operation with the welfare and safety of the horse, the passengers, the operators and the general public in mind. They have also been developed to allow the carriage operator enough latitude to run a quality operation of which the city or town where the operator works can be proud. I. Definitions: The following terms shall have the following meanings: 1. "Carriage", means any device in or upon which any person is or may be transported or drawn, designed to be or capable of being drawn by a horse or horses. 2. "Horse", means any animal of the genus equus. 3. "Person", means an individual, partnership, corporation, association or other legal entity. 4. "Stable", means any place, establishment or facility where one or more horses are housed and maintained. 5. "Veterinarian", means a person licensed to practice veterinary medicine. 6. "Work". A horse is considered working when it is out of the stable and at its carriage stand, place where it regularly picks up passengers or place of hire. Work ends when the horse leaves its stand or place of hire to go to the stable. 7. "New driver", is a person that, prior to hire, has never been licensed for or driven for a commercial horse drawn carriage company. II. Horse and Carriage Company Owners A. Each carriage company should have written permission, permits, or a business license as required for the area in which it works. B. Owners should have prior experience and qualifications, which enable them to properly and humanely operate a horse drawn carriage business. C. Each carriage company should carry liability insurance, whether or not required by local or state ordinance. D. Each carriage company should maintain an emergency procedure and protocol package including the telephone number where the owner or manager may be contacted in case of an emergency. I. Equipment A. Each vehicle should be equipped with electric turn signals or emergency flashing lights, taillights and front lights which are visible for a distance of 500 feet. (Variance allowed if an automobile with emergency flashers follows the carriage and if appropriate, leads the carriage.) B. No company should use a carriage not equipped with brakes. (Variance allowed for vintage carriages using appropriate harness.) C. Each carriage should be equipped with a slow moving vehicle emblem to be attached to the rear of the vehicle whenever there is a reasonable possibility that the vehicle could encounter automotive traffic on roadways. D. Carriages should be properly lubricated and wheels should spin freely. E. Carriages used on public property should be equipped with a device to catch horse manure and prevent it from falling on the pavement. Missed droppings should be cleaned up at the end of each shift. F. Each carriage should be maintained in a reasonably safe and sanitary condition. G. No horse drawn carriage should carry more passengers than it was originally designed to carry. H. No one other than the driver, a company employee, or apprentice should sit in the driver's seat. I. Each company should conduct regular safety inspections of its vehicles. J. No vehicle should be allowed into service that has lights, brakes or other safety features that are inoperable. If lights become faulty during use, a car with emergency flashers on should follow and, if appropriate, lead the carriage until it can be safely removed from traffic. K. Carriages should be equipped with fifth wheel or cut under turning mechanisms on the front axle. (Variance allowed for vintage carriages.) L. Each company is encouraged to use reflective material wherever appropriate on carriages, harness and horse. M. Radio equipped carriages are encouraged. Cell phone equipped carriages should keep incoming call rings low. II. Carriage Stands, Client Pick Up Locations,and Staging Areas A. Carriage companies should keep carriage stands/usage areas reasonably clean and free of manure and urine at all times. Urine should be diluted with water or water with disinfectant as it occurs. B. Water for the horses should be maintained in full view at all times if the horse will be working from that location for more than I-Yz hours. C. Stand signage should include rates and hours of operation. Equine Activity Liability Act warning signs should be posted as may be required under applicable state law. D. Stands should be limited to parking only horse drawn vehicles to prohibit other vehicles from parking there. E. Stand site should be reasonably safe, have good footing, lighting and space for horses, carriages, and the public, preferably free of automotive traffic. III. Care and Shelter of Horses A. No horse should be used to draw a carriage unless the animal is in good health and the following standards are met: 2. The horse should not have open sores or wounds, nor should such horse be noticeably lame or have any other ailments, unless the driver has in the driver's possession a written statement by a veterinarian that the horse is fit for such work, notwithstanding such condition. 3. The hooves of the horse while working on pavement, brick, concrete or other like hard surfaces should be properly shod utilizing rubber or elastomer shoes or pads to prevent concussion injuries. Borium tip shoes can be utilized to help prevent slipping. Metal shoes can be used on the rear legs of the horse, if the horse's hooves will not accommodate the use of rubber pads there. 4. The horse should be properly and appropriately groomed. 5. The horse should have adequate flesh and tone. 6. Horses should be kept in a working condition. G. Every horse in use by a horse drawn carriage company should have a certificate of serviceability for specified carriage work, signed by the examining veterinarian on an annual basis. H. Horses should be de-wormed regularly. I. Horses should be vaccinated under the direction of a veterinarian for appropriate diseases and risk factors of the area. J. Horses used to pull carriages should have water made available to them during their work period if their work period is in excess of 1 Y:z hours. K. Horses should not work more than eight consecutive hours, or ten hours with a 1 '1'2 hour break, disconnected from the carriage, in a 24- hour period. L. Horses should not work more than six days in a seven-day period. M. Horses should not be worked with equipment causing an impairment of vision, other than normal blinders. N. Horses drawing a carriage should not be worked at a speed faster than a slow trot. 0. Horses should not be subject to any cruel or harassing treatment. P. Carriage horses should not be sold or disposed of except in a humane manner. I. Harness A. Horses should not be worked with harness or bits that are not safe and humane. B. The harness should be oiled and cleaned so as to be appropriately in reasonable condition. C. Harness, bridles, bits and padding should be properly fitted and kept in reasonably clean and good repair. D. The harness should be kept reasonably free of makeshifts like wire, rope, and rusty chain. II. Weather Conditions A. Owners and drivers should use caution when working horses in adverse weather conditions such as snow, ice, heavy rain, and other slippery or reduced visibility situations. B. Companies and drivers should work horses only when reasonably safe weather conditions exist. When the sum of the Fahrenheit temperature and the humidity is equal to 150, caution should be used. At a total of 180, care steps should be taken for the prevention of heat stress. C. Companies and drivers should work horses only when reasonably safe weather conditions exist. Special attention and discretion should be used during periods of high humidity, extreme cold and wind chill. Proper shoes should be used during icy conditions. D. Horses should be properly acclimated to the weather environment they will be working in, including special shoeing for conditions known to be icy. III. Feeding A. Horses should receive adequate and substantial feed daily, which is free from contamination. The feed should be sufficient quantity, nutritive value, and frequency to meet normal daily requirements for the condition, special needs, environmental factors and size of the animal so as to maintain a healthy flesh. B. Clean drinking water should be available to an off duty horse at all times. C. Off duty horses should have access to salt in block or loose form. IV. Stables and Stalls A. Stables used for housing horses should be well lighted and ventilated and provide protection from the weather. Stables should be kept clean and in good repair and manure should be removed daily. Any enclosure where horses are kept should be graded and raked to keep the surface reasonably dry. B. Foot hazards and sharp surfaces should not be permitted in any area or building where they may come in contact with the animals. C. Roofs should be kept free of leaks that drain into areas where animals are kept. D. Box stalls should be large enough for the horse to lie down and turn around. E. Tie stalls should be a minimum width and length to allow the horse to safely lie down. F. Horses that are not worked at least every other day or not turned out daily should not be kept in tie stalls. G. Stalling spaces should be bedded or have a specialized surface as to keep animals clean, dry and free of concussion, abrasion or pressure points. H. A pest control program should be used to control flies and other insects. I. Feed should be kept free of contamination. J. Interior and exterior areas of the stable should be kept reasonably clean, properly drained and free of nuisances including, but not limited to unreasonable and excessive odors and unreasonable accumulation of refuse and excrement. K. There should be no smoking at any time in stables. L. Cities and other municipalities should make every effort to allow stables within a walking distance of carriage stands for the health and well being ofthe horse. M. Equine Activity Liability Act warning signs should be posted in stables where applicable under state law. V. Horse Drawn Carriage Driver Qualifications A. Each driver should have a valid motor vehicle driver license and social security card or work visa. B. Each driver should be at least 18 years of age. C. Each driver should be free of alcohol and drug addiction. D. Each driver should demonstrate his or her ability to drive, inspect and care for the horse and equipment. E. Carriage company owners and managers should have a practical exam to give to drivers which they should successfully complete. The driver should demonstrate proficiency in grooming the horse, cleaning the harness and padding, fitting the bridle, bit and harness to the horse, hitching the horse to the carriage and driving the carriage upon the city streets in a safe and humane fashion. F. New drivers should be required to complete a thorough driver training program, administered by the company or another qualified professional, and to serve as an apprentice. New drivers should be required to ride with a seasoned driver for at least 24 hours to observe the proper handling and driving of a horse drawn carriage and the methods of handling emergency situations or unexpected animal behavior. The new driver should drive a carriage under supervision of a seasoned driver for at least 16 hours of apprenticeship. VI. Conduct of Drivers A. Each driver should have his or her valid state issued driver's license in his or her possession while operating a carriage. B. The driver should obey all traffic laws and regulations of the city and state. C. Drivers should not operate a carriage while under the influence of alcohol or narcotic drugs. D. No person should drink alcohol while such person is operating a horse drawn vehicle. E. For optimum safety and control of the horse and carriage, drivers should be prohibited from smoking, eating or wearing of headphones while the carriage is in motion. F. Drivers of each carriage during travel from sunset until sunrise, and at all other times as conditions of poor visibility exist, should cause the front and taillights of the carriage to be in operation. G. Drivers should not permit the speed at which any horse drawn carriage is driven to exceed a slow trot. H. No driver should abandon his carriage, permit another to drive for him or her,except an apprentice, or permit any passenger to ride on the driver's seat. I. Drivers should not permit more passengers in a carriage than it has been designed for. J. No passenger should be permitted to stand or ride on any part of the carriage while in motion, except seated inside the carriage. Drivers should take all necessary precautions to prohibit such activity. All passengers should be seated except when loading or unloading. K. Drivers should at all times be responsible for the proper and humane care and treatment of the horse under his or her direct supervision and control. L. Drivers should at all times be dressed neatly and cleanly, with an appropriate costume or uniform preferred. M. Drivers should be in the driver's seat and have driving lines in hand, and foot firmly on the brake before loading or unloading passengers. N. No one should unbridle a horse while the horse is connected to any horse drawn vehicle. 0. Drivers should regularly offer water to working horses. Il i V,) 7J 4 '.ww- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council Approving the Issuance of City of Virginia Beach Development Authority Revenue Bonds for the Acquisition, Construction, Renovation, Rehabilitation and Equipping of the Approximately 186-Unit The Commons at Princess Anne Multifamily Housing Facility Located in the City of Virginia Beach, Virginia MEETING DATE: October 1, 2019 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Standard Commons Venture LP (the "Borrower"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $22,000,000 (the "Bonds"), to finance or refinance a portion of (a) the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior- designated multifamily residential rental housing project consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne and including a community room, a library and surface parking facilities (the "Project") located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia, (b) the funding of reserve funds as permitted by applicable law and (c) the costs incurred in connection with the issuance of the Bonds. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on September 17, 2019. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution of the City Council of the City of Virginia Beach Certificate of the City of Virginia Beach Development Authority Evidence of Publication of Notice of Hearing Summary of Statements Made at Public Hearing City of Virginia Beach Development Authority's Resolution Fiscal Impact Statement Economic Impact Statement Statement of the City of Virginia Beach Development Authority Letter from Department of Economic Development, dated September 17, 2019 Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department / Agency: Economic Development City Manager: I XL- 1 RESOLUTION APPROVING THE ISSUANCE BY THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 OF ITS REVENUE BONDS FOR THE ACQUISITION, 4 CONSTRUCTION, RENOVATION, REHABILITATION AND 5 EQUIPPING OF THE APPROXIMATELY 186-UNIT THE 6 COMMONS AT PRINCESS ANNE MULTIFAMILY 7 HOUSING FACILITY LOCATED IN THE CITY OF 8 VIRGINIA BEACH, VIRGINIA 9 10 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is 11 authorized to advertise and hold public hearings relative to the issuance of private activity 12 bonds; 13 14 WHEREAS, the Authority (a) has considered the application of Standard 15 Commons Venture LP (the "Borrower"), requesting that the Authority issue its revenue 16 bonds (the "Bonds") in a maximum stated principal amount of $22,000,000 to assist the 17 Borrower or a party related to the Borrower in financing or refinancing a portion of(i) the 18 cost of acquiring, constructing, renovating, rehabilitating and equipping an existing, 19 affordable, senior-designated multifamily residential rental housing project consisting of 20 one three-story building of approximately 190,000 gross square feet containing 21 approximately 186 units to be known as The Commons at Princess Anne and including 22 a community room, a library and surface parking facilities (the "Project") located at 23 located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia and expected 24 to be owned and used by the Borrower or a party related to the Borrower, (ii) the funding 25 of reserve funds as permitted by applicable law and (iii) the costs incurred in connection 26 with the issuance of the Bonds (collectively, the "Plan of Finance") and (b) has held a 27 public hearing in connection therewith on September 17, 2019 (the "Public Hearing"); 28 29 WHEREAS, the Project shall be established and maintained as a "qualified 30 residential rental project" within the meaning of Section 142(d) of the Internal Revenue 31 Code of 1986, as amended (the "Code"); 32 33 WHEREAS, Section 147(f) of the Code provides that the applicable elected 34 representatives of the governmental unit having jurisdiction over the issuer of private 35 activity bonds and over the area in which any facility financed with the proceeds of private 36 activity bonds is located must approve the issuance of such bonds; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City") and the Project is located in the City; 40 41 WHEREAS, the Authority, as the issuing governmental unit with respect to the 42 Bonds, has no applicable elected representative, the City constitutes the next highest 43 governmental unit with such a representative, and the members of the City Council of 44 the City (the "Council") constitute the applicable elected representatives of the City; 45 WHEREAS, the Authority has recommended that the Council approve the 46 issuance of the Bonds; and 47 48 WHEREAS, a copy of the Authority's resolution approving the issuance of the 49 Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the 50 Public Hearing and the fiscal impact statement concerning the Plan of Finance have 51 been filed with the Council. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 1 . The Council approves the issuance of the Bonds by the Authority, in one or 57 more series at one time or from time to time, in an aggregate maximum stated principal 58 amount of$22,000,000 for the benefit of the Borrower or a party related to the Borrower, 59 as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia 60 of 1950, as amended to permit the Authority to assist in the financing of the Plan of 61 Finance. 62 63 2. The approval of the issuance of the Bonds does not constitute an endorsement 64 to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance 65 or the Borrower. 66 67 3. In accordance with Chapter 643 of the Acts of Assembly of 1964, as amended, 68 the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit or 69 taxing power of the Commonwealth or any political subdivision thereof, including the 70 Authority and the City. 71 72 4. In adopting this resolution, the City, including its elected representatives, 73 officers, employees and agents, shall not be liable for, and hereby disclaim all liability 74 for, any damages to any person, direct or consequential, resulting from the Authority's 75 failure to issue the Bonds for any reason. 76 77 5. This resolution shall take effect immediately upon its adoption. 78 79 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 80 of October, 2019. APPROVED AS TO CONTENT: APPROVED A TO LEGAL SUFFICIENC : -.��.� sue. Econ•tc Development City Attorney—�—' CA14670 vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p034\00590775.docx R-1 September 19, 2019 r VIRGINIA BEACH September 17, 2019 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Standard Commons Venture LP Revenue Bonds Dear Mayor Dyer and Members of Council: Standard Commons Venture LP (the "Borrower"), has requested that the City of Virginia Beach Development Authority (the "Authority"), issue up to $22,000,000 of its revenue bonds (the "Bonds") to assist the Borrower or a related party in financing or refinancing a portion of(a) the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing project consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne, located at 4924 Princess Anne Road, Virginia Beach, Virginia, and including a community room, a library and surface parking facilities located in the City of Virginia Beach, Virginia, (b) the funding of reserve funds as permitted by applicable law and (c) the costs incurred in connection with the issuance of the Bonds (collectively, the"Plan of Finance"). As set forth in the Resolution of the Authority attached hereto (the "Resolution"), the Authority has agreed to issue the Bonds as requested. The Authority has conducted a public hearing (the "Public Hearing") on the proposed financing of the Plan of Finance and has recommended that you approve the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Attached hereto are the following document: 1. Certificate of the VBDA with the following documents attached: a) Evidence of publication of notice of hearing(Exhibit A). b) Summary of the statements made at the Public Hearing (Exhibit B) c) The Authority's Resolution recommending Council's approval (Exhibit C) 2. Fiscal Impact Statement(Exhibit D) 3. Economic Impact Statement (Exhibit E) 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464 The Honorable Robert M.Dyer,Mayor Members of City Council September 17,2019 Page 2 4. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit F). 5. A letter from the Department of Economic Development commenting on the project(Exhibit G). Very y yours, rot L d Chair DLW/AWS Enclosures CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority") certifies as follows: 1. A meeting of the Authority was duly called and held at 8:30 a.m. on September 17, 2019 before the Authority at the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Standard Commons Venture LP and a notice of the hearing was published in a newspaper having general circulation in the City of Virginia Beach, Virginia (the "Notice") (i) at least seven (7) days prior to the date set for such hearing and (ii) once a week for two successive weeks with the second publication appearing not less than six days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the records of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution adopted at a meeting of the Authority held on September 17, 2019 by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to the matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. 5. Attached as Exhibit D is the applicant's Fiscal Impact Statement. WITNESS my hand and the seal of the Authority, this 17th day of September, 2019. •,iLS Secret , City of Virginia Beach Development Authonty [SEAL] Exhibits: A—Copy of Certified Notice B— Summary of Statements C—Resolution D—Fiscal Impact Statement EXHIBIT A NOTICE OF PUBLIC HEARING [See Attached] VIRGINIA M E D I A Sold To: MCGUIREWOODS LLP-CU80015062 1750 TYSONS BLVD 1800 TYSONS CORNER, VA 22102 Bill To: MCGUIREWOODS LLP-CU80015062 1750 TYSONS BLVD 1800 TYSONS CORNER,VA 22102 Affidavit of Publication Commonwealth of Virginia City of Newport News Order Number: 6430917 Purchase Order: Dolan_PH_Active 12075671 This day, George Hunt appeared before me and, after being duly sworn, made oath that: 1) He/she is affidavit clerk of The Virginian Pilot, a newspaper published by Virginian-Pilot Media Companies, LLC in the city of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https://www.publionoticevirginia.com Published on: Sep 04. 2019. George Hu Subscribed and sworn to before me in my city and state on the day and year aforesaid this 4 day of Sept. ,20 19 . My commission expires March 31,2023 11i1omit1U J 4 NOTARY •• 'ter PUBLIC REG.p7821879 E : MY COMMISSION • it 31 * EXPIRES ; � 4 i ature o of ry ',,�'y� •, • ••ct ,.� �yq,J%JTn TM'Q¢�y� ,,. VIRGINIA MEDIA NOTICE OF PUBLIC HEARING BEFORE THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON PROPOSED PRIVATE ACTIVITY BOND FINANCING FOR THE COMMONS AT PRINCESS ANNE MULTIFAMILY HOUSING FACILITY Notice is hereby given that the City of Vir- ginia Beach Development Authority (the "Authority") will hold a public hearing on the request of Standard Commons Ven- ture LP (the "Borrower"),whose address is 1901 Avenue of the Stars, Suite 395, Los Angeles, California 90067, for the issuance by the Authority of a maximum stated principal amount of $22,000,000 of its revenue bonds(the"Bonds"),in one or more series, at one time or from time to time,to finance or refinance a portion of(a)the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing proj- ect consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne and including a community room, a library and surface parking facilities (the "Project") located in the City of Virginia Beach,Virginia, (b) the funding of reserve funds as permitted by applicable law and (c) the costs incurred in connection with the issuance of the Bonds (collectively, the "Plan of Finance"). The Project will meet the requirements of a qualified resi- dential rental project within the meaning of Section 142(d)of the Internal Revenue Code of 1986,as amended, The Project is expected to be owned and used by the Borrower or a party related to the Borrow- er. The public hearing,which may be con- tinued or adjourned, will be held at 8:30 a.m. on September 17, 2019 before the Authority at the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach,Virginia 23462. The issuance of the Bonds as requested by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Author- ity or the City of Virginia Beach, Virginia, but will be payable solely from revenues derived from the Borrower and the Project • and pledged therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof,including the Authority or the City of Virginia Beach, Virginia, Is pledged to the payment of the Bonds.The Authority has no taxing power. Any person interested in the issuance of the Bonds or the Plan of Finance may ap- pear at the hearing and present his or her views. A copy of the Borrower's applica- tion may be inspected at the Authority's office at the address stated above during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6430917 VIRGpINIA Sold To: MCGUIREWOODS LLP-CU80015062 1750 TYSONS BLVD 1800 TYSONS CORNER,VA 22102 Bill To: MCGUIREWOODS LLP-CU80015062 1750 TYSONS BLVD 1800 TYSONS CORNER,VA 22102 Affidavit of Publication Commonwealth of Virginia City of Newport News Order Number: 6434383 Purchase Order: Dolan Active 120956318 1 PA This day, George Hunt appeared before me and, after being duly sworn, made oath that: 1) He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies, LLC in the city of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https://www.publicnoticevirginia.com Published on: Sep 06,2019:See 11.2019. It,41,..ft,C it George Hu Subscribed and sworn to before me in my city and state on the day and year aforesaid this 12 day of Sept. , 20 19 . My commission expires 09/30/2021 s ./ps.ts yb f�. �....r r..... •V �I ('///�`/tr / / Np]OTgA1R//Y1 t. .. (6 ::: 4 • i REG.#305109 ; i y know COMMISSION: s �1ureofot&Y j sac,9' C'+ EXPIRES•.,..w301.0.21........ ;,s " V VIRGINIA MEDIA NOTICE OF PUBLIC HEARING BEFORE THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON PROPOSED PRIVATE ACTIVITY BOND FINANCING FOR THE COMMONS AT PRINCESS ANNE MULTIFAMILY HOUSING FACILITY Notice is hereby given that the City of Vir- ginia Beach Development Authority (the "Authority") will hold a public hearing on the request of Standard Commons Ven- ture LP (the "Borrower"),whose address is 1901 Avenue of the Stars, Suite 395, Los Angeles, California 90067, for the issuance by the Authority of a maximum stated principal amount of$22,000,000 of its revenue bonds(the"Bonds"),in one or more series, at one time or from time to time,to finance or refinance a portion of(a)the cost of acquiring,constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing proj- ect consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne and including a community room, a library and surface parking facilities (the "Project")located at 4924 Princess Anne Road in the City of Virginia Beach,Virginia, (b) the funding of reserve funds as per- mitted by applicable law and(c)the costs incurred in connection with the issuance of the Bonds (collectively,the "Plan of Fi- nance"). The Project will meet the require- ments of a qualified residential rental proj- ect within the meaning of Section 142(d) of the Internal Revenue Code of 1986,as amended. The Project is expected to be owned and used by the Borrower or a party related to the Borrower. The public hear- ing,which may be continued or adjourned, will be held at 8:30 a.m. on September 17, 2019 before the Authority at the Au- thority's offices located at 4525 Main Street,Suite 700,Virginia Beach,Virginia 23462. The issuance of the Bonds as requested by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Author- ity or the City of Virginia Beach,Virginia, but will be payable solely from revenues derived from the Borrower and the Project and pledged therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof,including the Authority or the City of Virginia Beach, Virginia, is pledged to the payment of the Bonds.The Authority has no taxing power. Any person interested in the issuance of the Bonds or the Plan of Finance may ap- pear at the hearing and present his or her views. A copy of the Borrower's applica- tion may be inspected at the Authority's office at the address stated above during business hours, CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6434383 EXHIBIT B SUMMARY OF STATEMENTS Representatives of Standard Commons Venture LP and McGuireWoods LLP, bond counsel,appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION [See Attached] RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN A MAXIMUM STATED PRINCIPAL AMOUNT OF$22,000,000 FOR THE BENEFIT OF STANDARD COMMONS VENTURE LP WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), is empowered by the Virginia Acts of Assembly of 1964, Chapter 643, as amended (the "Act"), to issue its revenue bonds to make loans for the purpose, among others, of financing the Plan of Finance(as hereinafter defined) and to benefit thereby the safety,health, welfare and prosperity of the inhabitants of municipalities of the Commonwealth of Virginia(the"Commonwealth")whose housing authorities have not been activated pursuant to the Housing Authorities Law, Chapter 1, Title 36 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, Standard Commons Venture LP (the "Borrower") has requested the Authority to agree to issue its revenue bonds under the Act in an aggregate maximum principal amount of$22,000,000 (the"Bonds"), the proceeds of which will be used to finance or refinance a portion of(a) the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing project consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne and including a community room, a library and surface parking facilities (the "Project") located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia (the "City") and expected to be owned and used by the Borrower or a party related to the Borrower, (b) the funding of reserve funds as permitted by applicable law and (c) the costs incurred in connection with the issuance of the Bonds (collectively, the "Plan of Finance") as permitted under the Act; and WHEREAS, the Project shall be established and maintained as a "qualified residential rental project" within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended (the "U.S. Code"); and WHEREAS, preliminary plans for the Plan of Finance have been described to the Authority and a public hearing (the"Public Hearing") has been held on September 17, 2019 with respect to the Plan of Finance and the Bonds in accordance with Section 147(f) of the U.S. Code and Section 15.2-4906 of the Virginia Code; and WHEREAS, no Commissioner of the Authority is an officer or employee of the City, each Commissioner has, before entering upon his or her duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Virginia Code, and at the time of their appointments and at all times thereafter, including the date hereof, all of the Commissioners of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no Commissioner of the Authority has any personal interest or business interest in the Borrower or the proposed Bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Virginia Code in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of, this resolution. 2. It is hereby found and determined that the Plan of Finance will promote the commerce, safety,health, welfare, convenience or prosperity of the Commonwealth, the City and their citizens and will further the public purposes of the Act by assisting in providing housing to low and moderate income persons in the City. 3. To induce the Borrower to undertake the Plan of Finance and maintain the Project as a "qualified residential rental project" within the meaning of Section 142(d) of the U.S. Code, the Authority hereby agrees, subject to approvals required by applicable law,to assist the Borrower in financing the Plan of Finance by undertaking the issuance of(and hereby declares its official intent to issue)its multifamily housing revenue bonds therefor in an aggregate maximum principal stated amount of$22,000,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower. The Bonds shall be issued in form and pursuant to terms to be set by the Authority. The Bonds may be issued in one or more series at one time or from time to time, and the Bonds of any such series may be either taxable or tax-exempt for purposes of federal income taxation. 4. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Finance, and the planning therefor, the Authority hereby agrees that the Borrower may proceed with the Plan of Finance and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided, however, that nothing in this resolution shall be deemed to authorize the Borrower to obligate the Authority without the Authority's consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. This resolution is a Declaration of Official Intent under U.S. Treasury Regulations for purposes of Sections 103 and 141 to 150 of the U.S. Code. Based upon the representations of the Borrower, the Authority reasonably expects that certain costs of the Project may be reimbursed with the proceeds of the Bonds. 5. At the request of the Borrower, the Authority hereby designates McGuireWoods LLP, Tysons, Virginia,to serve as bond counsel ("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 6. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of a placement agent or underwriter for the sale of the Bonds pursuant to the terms to be mutually agreed upon. 7. The Borrower agrees to indemnify and save harmless the Authority, its officers, commissioners, employees and agents from and against all liabilities, obligations, claims, damages, penalties,losses, costs and expenses in any way connected with the issuance and sale of the Bonds. 2 8. All costs and expenses in connection with the financing and the Plan of Finance, including the fees and expenses of the Authority (including, without limitation, any application fee and/or origination fee), Bond Counsel, counsel for the Authority and any placement agent or underwriter for the sale of the Bonds shall be paid from the proceeds of the Bonds(but only to the extent permitted by applicable law) or by the Borrower. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 9. The Bonds shall be limited obligations of the Authority. Neither the commissioners, officers, agents or employees of the Authority, past, present and future, nor any person executing the Bonds, shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth or any political subdivision thereof, including the Authority and the City, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, will be pledged to the payment of the Bonds. 10. The Authority (including its officers, commissioners, employees and agents) shall not be liable and hereby disclaims all liability to the Borrower and all other persons or entities for any damages, direct or consequential, resulting from the issuance of the Bonds or failure of the Authority to issue the Bonds for any reason. Any obligation of the Authority to exercise its powers in the City to issue the Bonds as requested by the Borrower is contingent upon the satisfaction of all legal requirements and the Authority shall not be liable and hereby disclaims all liability to the Borrower for any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for the Plan of Finance for any reason, including but not limited to, the failure of the City Council of the City (the "City Council")to approve the issuance of the Bonds. 11. The Authority recommends that the City Council approve the issuance of the Bonds, in one or more series at one time or from time to time, in an aggregate maximum stated principal amount of$22,000,000 for the purpose of undertaking the Plan of Finance as required by Section 147(f) of the U.S. Code. 12. Each of the Chair, Vice Chair, Secretary or Assistant Secretary of the Authority is authorized and directed to deliver to the City Council (1) a reasonably detailed summary of the comments, if any, expressed at the Public Hearing, (2) a fiscal impact statement concerning the Plan of Finance and (3) a copy of this resolution. 13. Each of the Chair, Vice Chair, Secretary or Assistant Secretary of the Authority, or the designee of any of them, is hereby authorized to request an allocation or allocations of the State Ceiling (as defined in Section 15.2-5000 of the Virginia Code) in accordance with the applicable provisions of the Virginia Code and any regulations or executive orders issued thereunder. All costs incurred by the Authority, if any, in connection with such proceeding shall be paid for by the Borrower. 14. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds and the undertaking of the Plan of Finance are hereby ratified, approved and confirmed. 3 15. No Bonds may be issued pursuant to this resolution until such time as (a) the issuance of the Bonds has been approved by the City Council, (b) the Bonds have received an allocation or allocations of the State Ceiling in accordance with the applicable provisions of the Virginia Code and any regulations or executive orders issued thereunder, and (c) the final terms and details of the Bonds have been approved by subsequent resolution of the Authority. 16. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Plan of Finance or of the Borrower. 17. This resolution shall take effect immediately upon its adoption. 4 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a resolution adopted by a majority of the Authority's commissioners present and voting at a meeting duly called and held on September 17,2019,in accordance with law,and that such resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the Authority this 17th day of September, 2019. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY it* £ ' By: �i`h,,I Secr: [SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY• City Attorney EXHIBIT D FISCAL IMPACT STATEMENT [See Attached] FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: September 17, 2019 Applicant: Standard Commons Venture LP Facility: Multifamily Housing Facility in the City of Virginia Beach, Virginia to be known as The Commons at Princess Anne 1. Maximum amount of financing sought. $22,000,000.00 2. Estimated taxable value of the facility's real property to be $16,360,000.00 constructed in the locality. 3. Estimated real property tax per year using present tax rates. $188,297.57 4. Estimated personal property tax per year using present tax rates. $0.00 5. Estimated merchants' capital tax per year using present tax rates. $0.00 6. (a) Estimated dollar value per year of goods that will be $50,000.00 purchased from Virginia companies within the locality. (b) Estimated dollar value per year of goods that will be $465,000.00 purchased from non-Virginia companies within the locality. (c) Estimated dollar value per year of services that will be $1,647,000.00 purchased from Virginia companies within the locality. (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $100,000.00 7. Estimated number of regular employees on year round basis. 3 8. Average annual salary per employee. $67,100.00 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY IN V 00 D. 'thy L. Wo d, C it EXHIBIT ECONOMIC IMPACT STATEMENT FOR BOND ALLOCATION REVIEW {i{F Economic Impact Statement 1. Amount of Investment $26,400,000 2. Amount of industrial revenue bond financing sought $22,000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $16,360,000 4. Estimated real property tax per year using the present tax rate $188,297.57 5. Estimated personal property tax $0 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs 30+Construction Jobs B. Payroll generated $TBD Avg Wage$TBD C. Number of jobs retained 3 D. Payroll retained $201,287 Avg Wage$ 67,100 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type(Inventory,Machinery,Professional Services, Insurance,Motor Vehicles,etc.): Type Value Utilities $152,000 Professional Services $100,000 Inventory $25,000 Miscellaneous Office Supplies $25,000 Total $TBD F. Estimated building permit fee and other municipal fees $95,000 G. Estimated construction payroll $1,400,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $465,000 I. Estimated number of construction jobs 30+ Page 1 of 2 Economic Impact Statement { J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Applicant intends to acquire and preserve a senior designated, income restricted property in the community. { 7. Is the site currently zoned for the use being proposed for the industrial revenue bond financing? X_Yes_No. 8. Has a bond purchase agreement/commitment been accepted by the applicant?(attach a copy)_Yes_X_No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? X Yes No. 10. Location of project(attach location map)4924 Princess Anne Rd,Virginia Beach,VA 23462 11. Explanation of alternative financing that has been reviewed for the project Applicant has explored alternative financing for the project. However,alternative options would not allow for the Applicant to complete as extensive of a rehab at the property as is currently contemplated. In addition,the use of alternative financing would not require an extension of the affordability restrictions currently in place. Page 2 of 2 EXH_ ,„,,1 VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $22,000,000 REVENUE BONDS TO STANDARD COMMONS VENTURE LP The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Standard Commons Venture LP's existing affordable, senior-designated multifamily residential rental housing project, known as The Commons at Princess Anne, will continue to promote commerce, safety, health, welfare, convenience or prosperity within the City of Virginia Beach. Financing provided by the Authority will assist in the cost of acquiring, constructing, renovating, rehabilitating and equipping the facility and to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/Phone: 757-385-6464 EXHIBIT G VIRGINIA BEACH ECONOMIC DEVELOPMENT September 17, 2019 Dorothy L. Wood Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Standard Commons Venture LP Dear Dot: The Department of Economic Development concurs with the issuance of revenue bonds in an amount not to exceed $22,000,000 for Standard Commons Venture LP (the "Bonds"). The issuance of the Bonds by the City of Virginia Beach Development Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of commerce, safety, health, welfare, convenience or prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of affordable, senior-designated multifamily residential rental housing. The funds are to finance or refinance a portion of (a) the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior- designated multifamily residential rental housing project consisting of one three-story building of approximately 190,000 gross square feet containing approximately 186 units to be known as The Commons at Princess Anne and including a community room, a library and surface parking facilities (the "Project") located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia, (b) the funding of reserve funds as permitted by applicable law and (c) the costs incurred in connection with the issuance of the Bonds (collectively, the "Plan of Finance"). If you have any questions, please do not hesitate to contact me. Sincerely, Taylor V. Adams Director TVA/AW S/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 „..-4k \ \ ,./- --\.7 \s \ • , ..\\ ,,,...„„, \...,,,„-- ....--\ Ai\\\\v''' -4 'N \\ 40 -- . \ ' -...,t•r:1, :4114;10--?:",'''' 44,' \\404'-isiitte# . •S' ,\ \ _z.., ,.,,,,,, \ 000, ,„ , •44111, #4---.7.--• \ ,.---_ __.• \ ,---- if* ..‘,„ -*\ \\ .,*7 \ i# \ „...,-., \ ' .\\41040.:*.,- \\\\''z''''' - Adi \ - a , * •:.:4--miq:.0--- . ” \ .414-4., ',-,\• , - • * z \ , ‘ - a \ilir iiit, A \ -------,, , " 40 4:,,:', '-., • a ..6.-_,, A, „ ilie? ,,, ,,--- ' .' ' ---. \ \ _.,. . ** ** a \, ..., .., ... -,'. ,',,•`' „0„, ..., .„:„. .. .- ...---"Z- \ . - -' ,'; -- s er:41-• ' _ (:1_ \ . 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'Wpm'I3each DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.4 { SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ET Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: a REVISIONS SUBMITTED DATE: ;�'''�L-sl<'i•c:Y.%Y'¢s`^'.x:,_ f •'� '*. r -.. `�.�:+r..a :.'f 3'.1-`'•:'�:.rr1.,. ."'h�"�' �..: sY-� qy.•�. r.-i 2a- -r+..:�.13�`��<=:3sS,a .a`z�-.rc'.�. i '��,�.�c ar r x"��, 7 S�� `r- �''�� '"� .'•ks �'y""�y�X'�"i .�." 'T�w�''T�`��t�..��. '�' -3*--` x rates .�•. i X��I'g' Y+Y� ��t'r.Y.Y�..'`.��'�'` ,'"k�• sl'3��,�5-x-�-�'ca � _ _ :�-� �a ,�G� � sxy�Lf�J y� mi'}••� Gv,�ti�`�`yx a x �,,. -; ten... ;Y <..3a ,c ry,: y�.•^`-,��v+''•:. , '>*S•`3;: 4 .2•"F ''tr �', 'i #ys +, -.r- 'x' _'u,.:<:0.'3t:^'a`.s' ":.X .'.: ya"�;i='a .•.c:; ?;z"c... Jyri•.±3* A.�r•i&;n ;-xr..�.,.:.; *. I�w•.,.x.-o--��",:; 41 Virgin a Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Applicant: Standard Commons Venture LP Partners:Jeffrey Jaeger, Scott Alter (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) {B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict • of interest under Virginia law. •a '+' s x, ```�"s;-g'�.xy3 --' ^c``- •z 1 t4 '•°-s zK. •' ,r: >,.,e�K-s' ' ,^"'R3rY•:s,rsx - s.. _. !• -,+. N ms?x�,._ s.s '`s +.,�. .,2 5 'r 'S`�-.,_ �.%.c'sF .#r3ts�•'' ` €��,x' '�. ra'`r '`4v.. v > ,y y xka,.- '. y•� 7 S.F." -:i'. "' �-r• � ~ ''S"y,,��`z ter.- 5�3'a��y!cam"..7""'a ti.r - �"-.�• Vie-s.,,rx��'•y' a z .`�'" t-z�r,:•' - 4„t. .=.r - a`, s .t f r >�tys=""_' `2 m }� - >e-^r - - -�' _ _ - - 1{ r -,=-ra r., `•r. i ,.',:,r:x _> s' ri; .,.ter >��.:u-xr. .,,,; a'-- }-•a` .. x' j ,..,:.�y; .x...v:•�Az+ a,-s.,,.Mz,,..x-,'-:.•:,,';;'.:;r u:;?�Ye�x.::~~:''r:i,::_>�'�!:a;$��£"��";�'-...w'in :. �5.�.,.�g��;:r:'�A :�+�...;::�u..,�::�s �.z•:,,4:,rx-r.S:' i1. s •••Y^.�-..-:• - _ra?-,::8��1^w'».; .c,t t� s xa- c _''^.:>xi'c .+,x-.*'.1.1�`.a,:'•v .try%: �YG•, -f'.,N...1.: Virginia Beach • t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES I NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of ❑ CohnReznlck your tax return C Architect/ Landscape Architect/ Architect'Cox, Kliewer&Company, F.C. Land Planner Contract Purchaser (if other than El Q the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Q ❑ Construction Contractors TBD X❑ ❑ Engineers / Surveyors TBD The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. VI- lt, Ir‘l Virginia Beach Financing (include current Current Mortgage Holder: HUD mortgage holders and tenders n ❑ selected or being considered to Lenders Being Considered: provide financing for acquisition - Citibank - HUD or construction of the property) - Freddie Mac - Fannie Mae 0 ❑ Legal Services McGuireWoods Real Estate Brokers / Agents for JLL(formerly HFF) ® ❑ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE • YES NO Does an official or employee of the City of Virginia Beach have Elan Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATIQN: I certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. 7 I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or i meeting of any public body or committee in connection'with this Application. __ p l Q j1 . AIOL<CANT'S SI URE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. :Zr BEj 55:. .441 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located at the rear of 4321 Blackbeard Road MEETING DATE: October 1, 2019 • Background: Trevor J. Prouty and Brooke E. Prouty (the "Applicants") have requested permission to remove the existing pier and to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and to maintain the existing bulkhead and fencing (the "Encroachments") adjacent to their property located at 4321 Blackbeard Road. The Encroachments are shown on Exhibit A attached to the Ordinance and would extend approximately 14' into Lake Joyce and approximately 8' into the 25' strip of land around Lake Joyce. The new rip rap around Lake Joyce would be a distance of approximately 1,715 linear feet. There are similar encroachments in Lake Joyce, which is where the Applicants have requested to encroach. During review of this encroachment application, a shed was identified in the rear yard setback. The shed has been reported to Zoning Enforcement for resolution. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the shed discussed above, the Agreement provides that the permission granted herein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owner would need to procure any other permits required by law. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance w/ Exhibit A, Agreement, Location Map, Disclosure Statement Form Recommended Action: Approval of the Ordinance. Submitting DepartYnent/Agency: Public Works/Real Estate 0-1 City Manager:�itZ, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO PORTIONS OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE AND THE 25' 6 STRIP OF LAND AROUND LAKE JOYCE LOCATED 7 AT THE REAR OF 4321 BLACKBEARD ROAD 8 9 WHEREAS, Trevor J. Prouty and Brooke E. Prouty desire to remove the existing pier 10 and to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and 11 to maintain the existing bulkhead and fencing, within the City's property known as Lake 12 Joyce and the 25' strip of land around Lake Joyce, located at the rear of 4321 Blackbeard 13 Road; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 23 and 15.2-2107, Code of Virginia, 1950, as amended, Trevor J. Prouty and Brooke E. 24 Prouty, their assigns and successors in title are authorized to remove the existing pier and 25 to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and to 26 maintain the existing bulkhead and fencing in the City's property known as Lake Joyce and 27 the 25' strip of land around Lake Joyce, as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT DRAWING RIP RAP REVETMENT, BOAT RAMP &TIMBER PIER IN 29 LAKE JOYCE 01 AUG 18 FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 30 VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2", a copy of which is 31 attached hereto as Exhibit A and on file in the Department of Public Works and to which 32 reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the City 36 of Virginia Beach and Trevor J. Prouty and Brooke E. Prouty (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED that the Agreement is limited to the authority provided 42 by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or other 43 approval of any feature displayed on the Agreement's Exhibit unless expressly authorized 44 herein; 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 46 hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 49 time as Trevor J. Prouty and Brooke E. Prouty and the City Manager or his authorized 50 designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 53 , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ORKS, REAL ESTATE A EY , SENIOR CITY ATTORNEY CA14422 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d029\p029\00551977.doc R-1 PREPARED: September 18, 2019 2 'EXHIBIT A' o+��-P'''TH0F�r� ENCROACHMENT DRAWING Gr RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18 '2 JOYCE C STEPHEN M.BIEVINS 01 AUG 18 ,e li . No. 265 , . FOR 'IP0 W TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 CG VIRGINIA BEACH GPIN: 14798813770000 ZONAL MAP BOOK 227, PAGE 2. LAKE JOYCE GPIN: 15708024380 000 LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER: 0.9286 AC BY PLAT CITY OF VIRGINIA BEACH INSTRUMENT NUMBER: 20170327000249770 OH\I\I@ 8.1-1. NEW RIP RAP REVETMENT ��%%%%%//,,///%%% ��y _ 1715 SF SUBAQUEOUS ENCROACHMENT • o • 4 234 SF NON-VEG WETLANDS S� y% �� ENCROACHMENT ° , O EXIST. ! 1 • BULKHEAD \\ H/ EE (TVP.) TR i • 5'X6' ' NEW W I ON LAND NDmll —PIER e•�X\`��NPO I 5'X 6 ' 1'111118' 142 SF OVER �� aa„may----' 'N 1 `� ° �F� 6 ,cv0� 25 FT STRIP �4' LAKE JOYCE aaa -� 5��. � oNsC�v�' CITY PROPERTY^� / TOTAL=172 SF aaoa.,....,.B .( N �,,aa,:.:- �O 62 OF ir1 _ :-� EXIST. -_—-' .a�:�� PIER ' ` as........AI `� aaaa,,.. \16 G\C \-0\-(S °� /(' ' %/� (REMOVE) — AMP W �• �,/O��y' did /N Zg SF oPCHM�N1 / , ,,", ENG. �jN/ I�" \ — • OH\l\1@ g.I N. ` , Walther Howard C" 4325 Blackbeard N' --- EXISTING SHED cio Road 23455 102 SF LLI GPIN: 14798815220000 OI -- Baylake Pines Sect I p (NJ \ BLK 1 Lot C O R 00 INSTRUMENT p V- pp NUMBER: °p O 200504120053956 • .` ZM I I 69.18' • / S42°00' 00" E 103.0' S44°28' GO' E— Hazel A Ball RLT Noel Faison 4319 Blackbeard Road 4317 Blackbeard Road a) 23455 23455 O Lv GPIN: 14798805350000 GPIN: 14798823780000 O Baylake Pines Sec 1 Baylake Pines Sec1 O- O BLK 1 Lot 8 BLK 1 Lot A NO INSTRUMENT NUMBER O O It.L INSTRUMENT NUMBER: O 20070912001246510 MAP BOOK 3429, PAGE 783 '(:::):1 O 0) ooto COZ SCALE: 1' =40'-0" S 42°0 e' 00" E _M_M__— 83.28' ` — 0 10 50 Blackbeard Road PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made thi p/ day of , 201 1 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipa corporation of the Commonwealth of Virginia, Grantor, "City", and Trevor J. PROUTY and Brooke E. PROUTY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot `B", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 5, 6 & 7, BLOCK 1 , SUBDIVISION NO. 1 OF BAYLAKE PINES (M.B. 31, PG. 53) VIRGINIA BEACH, VIRGINIA", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 227, at page 2, and being further designated, known, and described as 4321 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing pier and to construct and maintain proposed rip rap revetment, timber pier, boat ramp and to maintain existing bulkhead and fencing, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (LAKE JOYCE) 25' WIDE STRIP (CITY OF VIRGINIA BEACH— NO GPIN ASSIGNED) GPIN: 1479-88-1377 (4321 BLACKBEARD ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property described as "25' STRIP" and "LAKE JOYCE" as shown on the aforesaid plat, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT DRAWING RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE JOYCE 01 AUG 18 FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the 3 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Trevor J. Prouty and Brooke E. Prouty, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK / AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By e r outy, Owner By . Pro caner STATE OF CITY/COUNTY OF w\t-cyc' rye AN, to-wit: The foregoing instrument was acknowledged before me this 7 0 day of , 201`$ by Trevor J. Prouty. Kea NotaryUbIIC RY PUBLIC REG #7739589 COMMONWEALTH OF VIRGINIA MY COMMISION EXPIRES MARCH 31,2021 Notary Registration Number: '1'139 S 8q My Commission Expires: 1 ZGZI STATE OF CITY/COUNTY OF \I\ re`` -c-", to-wit: The foregoing instrument was acknowledged before me this 'ZG day of , 201 g by Brooke E. Prouty. ` gJones UBLIC Nota Public REG #7739589 COMMONWEALTH OF VIRGINIA MY COMMISION EXPIRES MARCH 31,2021 Notary Registration Number: -ry My Commission Expires: 63 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM IGNA E . AR YER, CITY ATTORNEY _Zo_/ SEW OK DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 'EXHIBIT A' O+� TN OFL�Q ENCROACHMENT DRAWING C2 RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18 JOYCE S STEPHEN M.BLEVINS> 01AUG18 s.d. " ' NO' 465 Wa FOR O TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 G VIRGINIA BEACH GPIN: 14798813770000 ZONAL' MAP BOOK 227, PAGE 2. LAKE JOYCE GPIN: 15708024380 000 LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER: 0.9286 AC BY PLAT CITY OF VIRGINIA BEACH INSTRUMENT NUMBER: 20170327000249770 6 r{.� NEW RIP RAP REVETMENT OHW@ 1715 SF SUBAQUEOUS ENCROACHMENT /��y��///////G///�/��O�G�� y��, // �� 234 SF NON-VEG WETLANDS �� //%/%/�,/ ENCROACHMENT O //%/� ° ° //%a EXIST. �/i/��/ • e p BULKHEAD ...,''" TREE (TV ,,,t„..��,, H _ — ° 5' •X 6' / N E W e4 �� ON LAND , PIER �� 18' 142 SF OVER ��-'� °'b 04 25 FT STRIP s X �a'. LAKE JOYCE Q -c��G( CITY PROPERTY q TOTAL=172 SF CV -- ,,s'......., Z 'g2 5 OF G ---- QUO �� / , EXIST °°"''�� PIER — ,,.....,....... a��6 ' G (REMOVE) :_____ ..., 1 AMP J w �pPi a_ rn die N 28 gF PGxM�4 0 , O ENG� 6) " _ `Aln B H• Walther Howard O' v g 4325 Blackbeard M EXISTING SHED ( 1;3 Road 23455 c0 102 SF — W \ 14798815220000 Baytake Pines Sect Cp I N \ BLK1 Lot 00 INSTRUMENT p apC NUMBER: 0 JE CID C 200504120053956 V' , _ Z CD CID 69.18' 1 1 LJ S 44°28' GT' E— S 42°00' 00" E 103.0' Hazel A Ball RLT Noel Faison - 4319 Blackbeard Road 4317 Blackbeard Road CTD 23455 23455 ciW GPIN: 14798805350000 GPIN: 14798823780000 - Baylake Pines Sec 1 Baylake Pines Sec1 - C BLK 1 Lot 8 BLK 1 Lot A CD C L. INSTRUMENT NUMBER: NO INSTRUMENT NUMBER C 20070912001246510 MAP BOOK 3429,PAGE 783 CO 1 O 6 P to oo Z SCALE: 1'=40'-0" Mil iii II. S 42°0 ' 0Y" E M 83.28' ' 0 10 50 Blackbeard Road i f- .i y ".., '.....,„ ,,,,,„12,-',"-* . , / „rat..,,,,,,,, '''''' '' .a., ......, - - r . / W ..4. ,?., / ‘.. i i / - . 1 f 1 •_...„..„:„.,,_,,,,i„....)-::„.....,„.„ 10 ...., ,,,.„, s i L a /11-'-'7: CC rn --------II%- ___., ri ? of - , a i * /7 ' t r4 0 // i ' z \ \ ....-- CZ < I • ni a . (1';:.•."---,-4'/4s,,,,. .... ::."' ,' -. ///41/ A ,„. ,- t , _ ,ek.,,„ s.:: . . / ' AideN i _ ', / r , , /'j '''S / "., " //,":''INf e l \N„: / 4(:-.,-„S„' , � � / `§1 r e ' • to 1 ff, ; f i =1� t 1/B Virginia Beach APPLICANT'S NAME Trevor Prouty DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board i 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. $ • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/.A!'.disclosures must h=upda*ed:wo Page 1 of 7 tannin Comrniss c;Or,antti Ccura m.ecti;1�_ that erta!ns ?K 0 APPLICANT NOTIFIED OF HEARING DATE' NO CHANGES AS OF DATE. 9=�g—(9ye 10 REVISIONS SUBMITTED DATE' ilfW Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 4 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return =, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Spence Marine Construction Engineers/Surveyors/Agents _ Calved Marine,Agent Financing (include current PennyMac Mortgage mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 r SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • an interest in the subject land or any proposed development f contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ � Trevor Prouty /-�� APPU VS SIGNATURE PRINT NAME DATE Page 5 of 7 41\B , I OWNER Virginia Beach YES NO I SERVICE i I PROVIDER cure additionalneedd) sheets If ❑ '-- Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ =� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors Spence Marine Construction ❑ Engineers/Surveyors/Agents Calvert Marine,Agent Financing (include current PennyMac Mortgage mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ '= Agents/Realtors for current and anticipated future sales of the subject property w SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development �.1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 1/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Trevor Prouty /i'4 , OW S SIGNATURE I PRINT NAME DATE Page 7 of 7 s�:> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with the United States Coast Guard for a 36+/- Square Foot Portion of City Property Located on the Jetty on the North Side of Rudee Inlet MEETING DATE: October 1, 2019 • Background: The City of Virginia Beach (the "City") and the United States Coast Guard (the "USCG") entered into a lease agreement for a 36+/- square foot (6' x 6') portion of City-owned property located approximately 25 feet from the breakwater on the north jetty at Rudee Inlet (the "Property"). The USCG installed and maintains the lighting, power supply equipment and associated navigational aids for Rudee Inlet on the Property. • The current lease expired on September 30, 2019. The USCG desires to enter into a supplemental lease agreement for up to five additional years (the "Lease") for the purpose of maintaining the lighting, power supply equipment and associated navigational aids on the Property. • Considerations: The term of the Lease would be one (1) year, with four (4) additional one-year renewal options. Rent under the lease is equal to $1 per year. Further terms, conditions and obligations of the parties are set forth in the Summary of Terms attached to the Ordinance as Exhibit A. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Lease as presented, modify the terms of the Lease, or deny leasing the Property. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS WITH 3 THE UNITED STATES COAST GUARD FOR A 36+/- 4 SQUARE FOOT PORTION OF CITY PROPERTY 5 LOCATED ON THE JETTY ON THE NORTH SIDE OF 6 RUDEE INLET 7 8 WHEREAS, the City of Virginia Beach (the "City")owns the jetty located on the north 9 side of Rudee Inlet; 10 11 WHEREAS, the United States Coast Guard (the "USCG") currently leases from the 12 City a portion of property located 25 feet from the breakwater and consisting of 13 approximately 36 square feet (the "Property"); 14 15 WHEREAS, the USCG installed and maintains the lighting, power supply equipment 16 and associated navigational aids for Rudee Inlet on the Property; 17 18 WHEREAS, the current lease expired on September 30, 2019 and the USCG 19 desires to enter into a supplemental lease agreement for up to an additional five years; and 20 21 WHEREAS, the Property would be used for navigational purposes and for no other 22 use. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager, or his designee, is hereby authorized to execute a lease 28 agreement with the United States Coast Guard, for approximately 36 square feet of 29 property located on the jetty on the north side of Rudee Inlet, so long as the terms and 30 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit A, and 31 made a part hereof, and such other terms, conditions or modifications as may be 32 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Work / Facilities Management City Attorney CA14671 \\vbgov.corn\dfs I\applications\citylaw\cycom32\wpdocs\d017\p032\00591244.doe R-1 September 17, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR 36 SQUARE FEET OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach (the "City") LESSEE: United States Coast Guard (the "USCG") PREMISES: Approximately 36 square feet (6' x 6' area) of City-owned land located 25 feet from the breakwater on the jetty on the north side of Rudee Inlet TERM: October 1, 2019 through September 30, 2020, with four (4) additional one- year renewal options RENT: Rent shall be $1.00 per year. RIGHTS AND RESPONSIBILITIES OF USCG (LESSEE): • The USCG shall use the Premises for maintenance of the lighting, power supply equipment and related navigational aids and for no other purpose. Any unauthorized use of the Premises shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, the USCG assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the USCG or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • The City assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • The City shall notify the USCG prior to the placement of any item onto the structure which holds the light tower and related navigational aids and associated equipment. TERMINATION: • The USCG may terminate the lease upon giving the City thirty (30) days' written notice. C 3 O oas U (13 'V C N O m C 1.-- Ri N Q E cts 1— N IT f a V Q ` 2 P rait ' �+• , Z r t •IMO .. Q - -#: s V ' O L . .. J O I co 0 ttO- 7:3a) a) _.. c1 1 O o a -' IMMO -2 .0 E' 72 2 aU _ C7 � ._ (D a.. a5 c w 03 O U cca U W. (!) .cts 9- U) .cis DE &) DE ' _mot ,i st *Y r 3'"i $:4,, _, . , 2 .... } 4 ,\•11 a • f F- - ' 3s `� { V. r W t W � � u ..O W ,: fi �.J t wa i1, _ 'ma�yy,,��a i:-, '. .1.'' ft '.- t'. 'k \ ik.'' *I. 0 ,f . a) k - , * W 5 J K.. co X r- , b :1 ,p6 µ1A B£q�l C glt I 'VTR�_Y :>'s V= CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Confidential Informant Payments MEETING DATE: October 1, 2019 • Background: The Virginia Beach Police Department requests the use of $139,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items that have not been funded through the Virginia Beach Police Department's FY 2019-2020 Operating Budget: • Confidential informant awards - $10,000; • Four canines - $40,000; • Rifle mounted lasers and light replacements - $55,000; • Replacement of rifles - $30,000; • Tactical training - $4,000. The confidential fund is needed to pay informants for tips regarding drug dealers, distributors, or other illegal activities. One bomb canine will be added to increase the K- 9 Unit's capabilities, and three canines will serve as replacements for existing animals. The replacement lasers, lights, and rifles will replace equipment used by the SWAT Team that has reached the end of its lifespan. The training course will allow two additional SWAT Team members to receive tactical training beyond the number that could otherwise attend based on the City funds provided to the Police Department in this fiscal year. • Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. The fund balance in this fund as of September 2019 is $595,730. Should this ordinance be adopted, the fund balance remaining would be $456,730. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval �� Submitting Department/Agency: Police Department City Manager: _ 1 AN ORDINANCE TO APPROPRIATE $139,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND CONFIDENTIAL INFORMANT 5 PAYMENTS 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $139,000 is hereby appropriated, with revenues increased accordingly, from the 11 Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund to the 12 FY 2019-20 Police Department Operating Budget for confidential informant awards, 13 canines, rifle mounted lasers and light replacements and tactical training. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6 Budget and Management ervices -City tt n 's Office CA14895 R-1 September 18, 2019 „. ,;., cr2) sif ;.s,,,r, „off „:s .s.,:.:.: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2019-20 Police Department Operating Budget for Marine Patrol Equipment MEETING DATE: October 1, 2019 • Background: The U.S. Department of Homeland Security, Federal Emergency Management Agency, has awarded the Virginia Beach Police Department $77,750 in federal funding under the federal FY 2019 Port Security Grant Program. The purpose of the grant is to enhance port safety and security. To be eligible for this funding, agencies must be members of an Area Maritime Security Committee and be required to provide port security services. The Police Department is the primary responder for the Port of Hampton Roads and is the only local agency in the Hampton Roads region to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay. This grant will provide the City's Marine Patrol Unit the ability to purchase personal flotation equipment, two Forward Looking Infrared Radar imaging systems, and upgrade the electronics package on existing Marine Patrol vessels. The total cost of these projects is $103,667. • Considerations: The Port Security grant provides the City $77,750 in federal funding. It requires a local match of $25,917 match (25% of the total project cost). The local match will be met through existing resources from the Police Department's present FY 2019-20 Operating Budget. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department ./t / S7 City Manager: iPti 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2019- 3 20 POLICE DEPARTMENT OPERATING BUDGET FOR 4 MARINE PATROL EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $77,750 is hereby accepted from the United States Department of Homeland 10 Security and appropriated, with federal revenues increased accordingly, to the FY 2019-20 11 Operating Budget of the Police Department for the purchase of personal flotation 12 equipment, forward looking infrared radar imaging systems, and marine patrol vessel 13 electronic package upgrades; 14 15 2. $25,917 is hereby transferred within the FY 2019-20 Police Department 16 Operating Budget to provide the required local grant match; 17 18 3. The equipment purchased with these grant funds is not guaranteed to be 19 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City Att ey's Office CA14894 R-1 September 18, 2019 ( .-ka13F,j,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds for Primary Care Screenings and to Authorize One Full-Time Position and Convert a Part-Time Position to Full-Time MEETING DATE: October 1, 2019 • Background: In 2015, the Virginia Department of Behavioral Health and Developmental Services (DBHDS) began a comprehensive study of the public behavioral health service delivery system across Virginia. The intent of this study was to ensure that all Virginians had timely access to health services and to reduce variation in services that were provided at different Community Service Boards within the Commonwealth. The study's findings resulted in the development of the System Transformation, Excellence and Performance in Virginia (STEP-VA) initiative, which was authorized by the General Assembly in 2017. The STEP-VA plan outlines nine services to be implemented by all Community Services Boards on a timeline that extends into calendar year 2021. In FY 2019, DBHDS provided the City of Virginia Beach with $98,619 to begin the implementation of step two, Primary Care Screenings. This step is designed to ensure that people who are at risk for physical health issues can obtain primary care screenings and referrals. • Considerations: The 2019 General Assembly provided $7.44 million from the Commonwealth's General Fund specifically earmarked for primary care outpatient screenings in FY 2020. This was an increase, and as a result, DBHDS was able to increase the City's FY 2020 Primary Care funding by$98,619 to continue implementation of this critical program. With the additional funding, the total amount now due to be received by the City from the Commonwealth for Primary Care Screenings is $197,238. This program is currently staffed with one full-time Licensed Practical Nurse (LPN) and one part-time Administrative Technician. The increase in funding will be used to add another full-time LPN and convert the part-time Administrative Technician position to full- time. The remaining funding will be used for a one-time computer purchase and office set-up in the first year and support ongoing internal charges in the out years. Any funds received for Primary Care Screenings and not spent during the fiscal year will be held in reserve for future use for this initiative as these funds are restricted in use to Primary Care Screenings. This proposal to add staff does not require additional support from the City's General Fund. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:' ` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR PRIMARY CARE SCREENINGS AND TO AUTHORIZE 3 ONE FULL-TIME POSITION, AND CONVERT A PART-TIME 4 POSITION TO FULL-TIME 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $98,619 in additional funds from the Virginia Department of Behavioral 10 Health and Developmental Services is hereby accepted and appropriated, with revenue 11 from the Commonwealth increased accordingly, to the FY 2019-2020 Department of 12 Human Services Operating Budget for the STEP-VA Primary Care Screenings Program; 13 14 2. One full-time position is hereby authorized and created in the Department 15 of Human Services' Fiscal Year 2019-2020 Operating Budget; 16 17 3. One part-time position in the Department of Human Services' Fiscal Year 18 2019-2020 Operating Budget is hereby converted to a full-time position. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � r udget and Management Services City Attorn 's Office CA14892 R-1 September 18, 2019 I i;1?!T -i CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Accept and Appropriate Funds for Outpatient Behavioral Health Services and to Establish Two Full-Time Positions MEETING DATE: October 1, 2019 ■ Background: In 2015, the Virginia Department of Behavioral Health and Developmental Services (DBHDS) began a comprehensive study of the public behavioral health service delivery system across Virginia. The intent of this study was to ensure that all Virginians had timely access to health services and to reduce variation in services that were provided at different Community Service Boards within the Commonwealth. The study's findings resulted in the development of the System Transformation, Excellence and Performance in Virginia (STEP-VA) initiative, which was authorized by the General Assembly in 2017. The STEP-VA plan outlines nine services to be implemented by all Community Services Boards on a timeline that extends into calendar year 2021. Beginning in FY 2020, DBHDS has decided to implement step three of the plan: Outpatient Behavioral Health Services. This step is designed to ensure access to outpatient therapy services within ten days of an initial assessment. • Considerations: The 2019 General Assembly provided $15 million from the Commonwealth's General Fund specifically earmarked for outpatient mental health and substance abuse services in FY 2020. In response, DBHDS began to allocate funding for the third step of the STEP-VA program through the Community Service Board's FY 2020 Performance Contract. As part of this contract, $195,000 was allocated to the City for Outpatient Services. The City has established Behavioral Health Outpatient clinics for adults and children. DBHDS funding will be used to add two full-time Clinicians, one for each program. In addition to personnel costs associated with the new positions, this allocation will cover ongoing professional development, office supplies, and Parent Child Interaction Therapy (PCIT) software licensing, as well as one-time costs associated with computers, office set-up, and PCIT equipment. Any funds received for Outpatient and not spent during the fiscal year will be held in reserve for future use for this initiative as these funds are restricted in use to Outpatient Behavioral Health Services. This proposal to add staff does not require additional support from the General Fund. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services ollb City Manager. L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR OUTPATIENT BEHAVIORAL HEALTH SERVICES AND 3 TO ESTABLISH TWO FULL-TIME POSITIONS 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $195,000 from the Virginia Department of Behavioral Health and 9 Developmental Services is hereby accepted and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2019-2020 Department of Human 11 Services Operating Budget for the STEP-VA Outpatient Behavioral Health Services 12 Program; 13 14 2. Two full-time positions are hereby authorized and created in the Department 15 of Human Services' Fiscal Year 2019-2020 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services City At ey's Office CA14893 R-1 September 18, 2019 Lc.`yJ� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Developer Contribution to Capital Project # 2-025, "Witchduck Road Phase II" MEETING DATE: October 1, 2019 • Background: The "Witchduck Road Phase II" project (CIP # 2-025) is a major roadway reconstruction and expansion project in the Kempsville area. The project is presently under construction and consists of roadway widening, stormwater, water, and sewer improvements along the corridor. On February 6, 2018, City Council approved an ordinance that allowed for sale of property owned by the School Board of the City of Virginia Beach at 273 North Witchduck Road to a private developer. Subsequently, Council also approved a conditional change of zoning for this property from B-2 Community Business to Conditional A-24 Apartment. Consistent with this zoning modification, the owner of the property registered Renaissance Apts. I, L.P., and proposed the construction of Renaissance Apartments. As part of the site development plan for the Renaissance Apartments, a new right turn lane is proposed to be constructed on Witchduck Road to secure access into the property. This need was forecasted in the Planning Staff Report presented to Council on February 6, 2018. Under the section traffic impacts, City staff noted: "Access to the site will be limited to a right-in/right-out only from Witchduck Road. The developer will need to coordinate with the contractor for the Witchduck Road capital project in order to install the required right turn lane, curb and gutter, and sidewalk at the correct alignment on Witchduck Road." • Considerations: The Witchduck Road Phase II project as designed did not anticipate the improvements for the turn lane and any additional utility improvements. Additionally, the City is not well served in constructing improvements that would need to be subsequently demolished to allow access to the Apartments. To avert this adverse impact on the City while ensuring safe traffic flow and vehicular access to the new apartments, the City and Renaissance Apts. I, L.P., have entered an agreement wherein the developer will pay the costs associated with the right turn lane and will install new water and sewer utility connections. This allows the improvements to be built in the most expeditious and economical manner possible for both parties. The developer contribution is $226,821.41. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depa ment/Agency: Public Works —` City Manager. C61_ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DEVELOPER CONTRIBUTION TO CAPITAL PROJECT# 2- 3 025, "WITCHDUCK ROAD PHASE II" 4 5 WHEREAS, Renaissance Apts. I, L.P. desires to contribute funds to the City of 6 Virginia Beach towards the development and construction of a turn lane into property 7 owned by Renaissance Apts. I, L.P. at 273 North Witchduck Road and towards water and 8 sewer connections to said property; 9 10 WHEREAS, the City of Virginia Beach is presently constructing roadway 11 improvements adjacent to the aforementioned property as part of the adopted FY 2019- 12 2020 City of Virginia Beach Capital Improvement Program via CIP Project # 2-025, 13 "Witchduck Road Phase II; and 14 15 WHEREAS, the Renaissance Apts. I, L.P. has contractually committed to providing 16 $226,821.41 to the City for construction of required improvements. 17 18 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1 . $226,821.41 in developer contribution is hereby accepted from 22 Renaissance Apts. I, L.P., and appropriated, with developer contributions increased 23 accordingly, to CIP # 2-025, "Witchduck Road Phase II." 24 25 2. Project Expenditures and Scope for CIP # 2-025, "Witchduck Road Phase 26 II," is hereby amended to include the turn lane and necessary public utility improvements 27 provided such improvements do not exceed $226,821.41. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services i y Atto ey's O ice CA14890 R-1 September 16, 2019 L. PLANNING 1. PETER COLEMAN & JOAN SHEPHARD for a Street Closure re one-half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. ROBERT & JANET KOTTKE for a Modification of Conditions re preschool/day-care facility at 2660 West Neck Road (Approved July 3, 2001) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CHESAPEAKE BAY FOUNDATION, INC. for a Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved December 11, 2012) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH DIGIPORTS,LLC/TAYLOR FARMS LAND COMPANY,LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 5. SHENELL LATHAM/DONG JO KIM for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. MICHAEL CARLSON / WILLIAM D. FRIERSON, III for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. CHRISTINA MARCHIONE / BRUCE & SUSAN WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road,Unit 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at 1505 Colebrook Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. T & S LAWN & LANDSCAPING, LLC for a Conditional Use Permit re bulk storage yard at 400 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL A4c : z. % 4} g,,uSsl i. t.........- NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach,Virginia,on Tuesday, October 1,2019 at 6:00 p.m.,at which time the following applications will be heard: Peter Coleman&Joan Shepherd[Applicant] Gary A.&Nancy A. Pecher[Owner]Street Closure Adjacent to 709 Vanderbilt Avenue (Adjacent GPIN 2426384394) COUNCIL DISTRICT-BEACH Michael Carlson [Applicant] William D. Frierson [Owner) Conditional Use Permit (Automotive Repair Garage) 1181 Jensen Drive (GPIN 2417434300) COUNCIL DISTRICT-BEACH Christina Marchione [Applicant] Bruce & Susan Whitaker [Owner] Conditional Use P rmi (Automotive Repair Garage) 2601 Production Road, Unit 102 (SPIN 1496884067)COUNCIL DISTRICT-BEACH Robert&Janet Kottke[Applicant)Southern Conference United Church of Christ[Owner) Modification of Conditions(Preschool/Day- Care Facility)2660 West Neck Road(GPIN 1494801200) COUNCIL DISTRICT - PRINCESS ANNE Shenell Latham [Applicant] Dong Jo Kim [Owner] Conditional Use Permit(Assembly Use)4604 Pembroke Lake Circle,Suite 106 (GPIN 1478511874)COUNCIL DISTRICT- BAYSIDE Monica Yvonne Lancaster [Applicant & Owner]Conditional Use Permit(Family Day- Care Home) 1505 Colebrook Drive (SPIN 1465269585) COUNCIL DISTRICT - CENTERVILLE T&S Lawn and Landscaping,LLC[Applicant & Owner] Conditional Use Permit (Bulk Storage Yard) 400 Davis Street (GPIN 1467483476) COUNCIL DISTRICT - KEMPSVILLE Chesapeake Bay Foundation,Inc.[Applicant & Owner] Modification of Conditions (Environmental Education Center) 3663 Marlin Bay Drive (GPIN 14 89 5 7 336 1) COUNCIL DISTRICT-BAYSIDE Virginia Beach DigiPorts, LLC [Applicant) Taylor Farms Land Company, LLC[Owner] Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial) 2097 Harpers Road (GPIN 2405665160)COUNCIL DISTRICT-BEACH All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httpJ fwww.vbgov.cofl/p,,.For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303. BEACON:SEPTEMBER 15&22,2019-1 TIME EACH. \ \ \\ 1 \\,r Ott _...--16.___\ *74111. \\', --Tjj:\ , . , ,t , _ , „ _ , \ ---: iii A-\\- V ,may U.. er h l c; - t . \ \. \ (Ii\\.: . �, y,` ----%--\ - mil , t _ U . , \\ 0 j„. . , V-- . --\\ 1, \t _________\ \ c t t 02 I; \ \ 0._ it: 1 'tc as. m W \ ______) . ,, Or willt 4:36,10•1 ;i ‘..., IL Lf mrenuQ _ At 0 0 -- 0 G 75 t i QA/ J a� �p 3Z r ; Ii+ N o�D 1 1 l Uhi / u�y;�� 1 ,., f0 4 � 4 i. P., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Ordinance Approving Application of Peter Coleman and Joan Shepherd for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 709 Vanderbilt Avenue in Croatan MEETING DATE: October 1, 2019 • Background: Peter Coleman and Joan Shepherd (the "Applicants") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property located at 709 Vanderbilt Avenue (GPIN: 2426-38-4394), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions:. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department W7 City Manager:7AL_ 1 ORDINANCE APPROVING APPLICATION OF 2 PETER COLEMAN AND JOAN SHEPHERD FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 709 VANDERBILT AVENUE 6 IN CROATAN 7 8 WHEREAS, Peter Coleman and Joan Shepherd (the "Applicants") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", shown as the hatched area 29 on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF THE EASTERN 7.5 FEET OF 15' ALLEY (A 31 PUBLIC R/W) LOT 18; BLOCK 16 CROATAN BEACH (M.B. 32 24, PG. 37) VIRGINIA BEACH, VIRGINIA", dated March 29, 33 2019, prepared by WPL, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. It has been determined that the 45 purchase price to be paid to the City shall be $3,000, which is consistent with similar 46 street closures in this area. 47 48 No GPIN (Public Right-of-Way) 49 (Adjacent GPIN:2426-38-4394) 50 2. The Applicants shall resubdivide the property and vacate internal lot lines 51 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 52 be submitted and approved for recordation prior to final street closure approval. Said 53 plat must include the dedication of a public drainage easement over the Right-of-Way to 54 the City of Virginia Beach, subject to the approval of the Department of Public Works 55 and the City Attorney's office, which easement shall include a right of reasonable 56 ingress and egress. 57 58 3. The Applicants shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company must be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved within one year of 65 the City Council approval, said approval shall be considered null and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before September 30, 70 2020, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before September 30, 2020, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and PETER COLEMAN and JOAN SHEPHERD, 86 collectively as "Grantee". 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: te/tar,) ukt,ittfru Planning D partment City Attorney CA14654 vb€ov com dfs l applications\citylaw\cycom32\wpdocs\d013\p034\00590813.doc R-1 September 18, 2019 EXHIBIT A (A� 1 1 ' '' LOT 8 LOT 7 ��• J.,`_ ( (M.8. 24, PG. 37) I LOT 9A (M.8. 24, PG. 37) GPIN: 2426-38-3391 (I.N. 20120418000421890) GP1N: 2426-38-4217 GPIN: 2426-38-3387 48' W000 FENCE 48' VW . FENCE 15' ALLEY ,_., N 04'14'75 N' 50' (AIR 241, Pa 37) ' \: \y�<, r .411 r K. hi: 4-1 16.f. c. N 04'14'15* W 50' diP, 72' w00D FENCE AREA OF PROPOSED — S7REET CLOSURE KOCK (375 SO. FT OR 0.009 ACRES) . 16 -.) " t17 o LOT18 o � LOT19 (M.B. 24, PG. 37) GP/N: 2426-38-4394 (M.B. 24, PG. 37) GPIN: 2426-38-5239 GPIN: 2426-38-4378 L'M Qip TES: �' . $ la I.N THIS 00118 i INTENDED •. N SNOW THEAREAOF Wt 4+ PROPOSE) RIGHT-OF-WAY �RIC NER! ' CLOSURE AND INDEPENDENT . . 1 �� oOF THE �oaiI(s) MO e 03/29/2019 O,4 1 E7 IS NOT MENDED FOR ANY GENERAL .41 SUR y 2. A TITLE REPORT HAS NOT BEEN ROMPED FOR THIS PROPERTY. 100' TO P.l 4. -= I4 QWL4 AVENUE -N-- -7 '� �s (ma 24, Pa37) S 04 'f3' E VANDERB/L �� T � AVENUE) A VE (ma 24, f'a37) STREET CLOSURE EXHIBIT -sue - OF i TAPEASTERN 7.5 FEET OF 1‘\ 7 15 ALJZY (A PUBLIC It/W) LOT 18; BLOCK 16 CROATAN 'BELCH (M3. 24, PG. 37) t VIRCII(LA BEACH. VIRGINIA se>eer 1 or 1 Ira t i� II II lIi lMl SCATS: 1"=20' MARCH 29. 2010 fND/ahk HK1/ea8 CIPY OF MENU RRLiCL TA Ira.toes P0.15 (PUT;C-154 11$:219-003e BApplicant Peter Coleman & Joan Shephard Agenda Item Public Hearing August 28, 2019 City Council Election District Beach City ofille Virginia Beach Request „mil y' Street Closure 04 Staff Recommendation ApprovalAso. a"` ' .. „ �a Staff Planner " AubreyTrebilcock 0=761d8 ' ora 65-70 a au %). it i Location 1 �,,„..6.-re Alley adjacent to 709 Vanderbilt Avenue I Site Size 375 square feet of right-of-way AICUZ 65-70 dB DNL;Sub-Area 1 \ 1 Watershed Atlantic Ocean � 1 Existing Land Use and Zoning District or- Vacant alley/R-10 Residential -- SurroundingLand Uses and ZoningDistricts L1 i A II __.,1 __ - ' iv g , 11°17„, North Single-family dwellings/R-10 Residential =' �, "�" ,.R ,., South .ux; Single-family dwellings/R-10 Residential East � s#-�" Vanderbilt Avenue - _ } Single-family dwellings/R-10 Residential 'rt ' ., %Nor, , West C°i Single-family dwellings/ R-10 Residential Peter Coleman&Joan Shephard Agenda Item 1 Page 1 Background and Summary of Proposal The applicant proposes to close a portion of the platted, unnamed,and unimproved alley that is adjacent to the rear lot line of 709 Vanderbilt Avenue in the Croatan neighborhood.As shown on the submitted street closure exhibit,the applicant is requesting to close half of the 15-foot-wide alley,totaling 375 square feet,and incorporate that land into their adjacent residential lot. �� --"' I-44V Zoning History # Request R 10:_e _ STC Approved 07/23/2011 .. r' R-t Q _ - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation A Viewers'Meeting was held,that included City Staff from the departments of Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure will not result in a public inconvenience;therefore,closure of this portion of the right-of-way is deemed acceptable. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community.Many similar requests have been reviewed and approved by the City Council for the closure of alleys within the vicinity of the site. In fact,as evidenced by review of the Zoning history,this request mimics a Street Closure application that was approved by the City Council on the parcel directly to the northwest on August 23, 2011. The proposed Street Closure is recommended for approval with the following conditions. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Peter Coleman&Joan Shephard Agenda Item 1 Page 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The resubdivision plat must be submitted and approved for recordation prior to final street closure approval.Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works,and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 15,2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 11, 2019 and Sunday,August 18,2019. • 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 12,2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,September 15, 2019 and Sunday,September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.comjgovernment[depa rtments/city-clerkjcity-councillDocuments/BookmarkedAgenda.pdf on September 27,2019. Peter Coleman&Joan Shephard Agenda Item 1 Page 3 Street Closure Survey _ ae6: ?¢ SOURer I �� y- 4. LOT 8 LOT 7 2 (M.B. 24, PG. 37) I LOT 9A (M.B. 24, PG. 37) GPIN: 2426-38-3391 (I.N. 20120418000421890) GPIN: 2426-38-4217 GPIN: 2426-38-3387 48" WOOD FENCE 15� ALLEY " N 04'14'15a W 50' , v_ FENCE (M.B. 24, PC 37) ' la N 041415. W 50' 9t•,72' MOOD FENCE AREA OF PROPOSED — STREET CLOSURE BLOCK (375 SO FT OR 0.009 ACRES) 16 LOT 17 O LOT 1$ o LOT 19 (M.B. 24, PC. 37) GPIN: 2426-38-4394 (M.B. 24, PG. 37) GPIN: 2426-38-5239 GPIN: 2426-38-4378 ,0,AIlni gy NOTES: 1 $ $ 1. THIS EXWBtf IS INTENDED " '� TO SHOW THE AREA OF $ ..` iu PROPOSED RIGHT-OF-WAY RIC . ARNER I v CLOSURE o AN INDEPENDENT Ile. 2904 4 '41 h RECORD DOCUMENT(S) AND e� 03/29/2019 O� 4' IS NOT INTENDED FOR ANY to OTHER THAN GENERAL y REFERENCE. SUR 2 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. /00' 7V P.I. 'V ,tr,�, --- I'7RC/NL4 AVENUE �— r9 50' N.B. 24, PG. 37) -44 S 04'14'15' E �. RA VANDERBIL T(�RMERL(Y A C) AVENUE) AVE (M.Et 24, PG. 37) i , r STREET CLOSURE err I N — THE EASTERNF _ 7.5 FEET OF 16 AL TRY (A PUBUC R/W) LOT 18; BLOCK 16 CROATAN BEACH (M.B. 24, PG. 37) 1 �;�,ti� VIRGINIA BEACH. VIRGINIASHEE 1 or 1 Urr.. rn.u,.1311 M SCALE; MARCH 29. 2019 �lot��war.as,M 1"=20' C1D/ohlc BKN/eat an T OF VIRGINIA 1CW . TA I F.H.1063 PG.15 I PIM:C-84 Ism 219-003 Peter Coleman&Joan Shephard Agenda Item 1 Page 4 Site Photos t ll OW- p V*: '- *!4:i: �- r ...:'/.. 6 _ ` t t -- , , r+ � � Il � fie. q y ,h R 47 Y. sw is Y Peter Coleman&Joan Shephard Agenda Item 1 Page 5 Disclosure Statement APPLICANT'S NAME Dr.Pater Coleman&Joan Shepherd DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acgtrlsition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative -Economic Development Nonconforming Use 'Compliance,Special Investment Program Changes Exception for EDIPn Board o Zoning Encroachment Request Rezoning Ar�ttls . Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure /Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law SECTION t / APPLICANT DISCLOSURE FOR CITY USE ONLY f Ai disclosures 4'Lift be updated two(21 we0.5 Witte to any Page I of 7 PIjnillrl rcirmission add C t.C*J°tcil meeiint Thal *'rums 1. the a 1:rtstibn(S). [� APPLICANT NOTIFIED OF WARING I DATE: a- ,NO(FIANCES ASOF DATE: Rlwlit WR.L 'Lecoa _Q 'REVISIONS SUBMITTED ' DATE: Peter Coleman &Joan Shephard Agenda Item 1 Page 6 Disclosure Statement ira. ® Check here If the APPLICANT :S_NOT a corporation, partnership, firm, business,or other unincorporated organization. IDCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's ame:Dr. Peter Coleman&Joan .....Shepherd If an LLC,list aft member's names: if a CORPORATION,list the the names of all officers,directors, members, trustees, etc, below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity a relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to tootnctesl and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only 1f property owner Is_dittert. ® Check here if the PROP RTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 1S a corporation, partnership,firm, business, or other unincorporated organization,AND HEN, complete the following. (A) List the Property Owner's name: ---_—_---- If an LLC, list the member's names; Page 2of7 Peter Coleman &Joan Shephard Agenda Item 1 Page 7 Disclosure Statement V rgini t Math It a Corporation, list the names ofall officers,directors, members,trustees, etc_ below: (Attach fist if necessary) (8) Last the businesses that have a parent-subsidiary or affiliated business entity relationship with the Property Owner: (Attach fist if necessary) "Parent-subsidiary relationship" means 'a retatianship brat exists tst►en one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation" 5e4 State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(10 a controlling owner in One entity is wise a controlling owner to the other entity,or rid) there is shared management or control between the business entities. Factors that Should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person Own or manege the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise,share ettivities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Loral Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an; business„opetifting or to he berated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service; IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Peter Coleman&Joan Shephard Agenda Item 1 Page 8 Disclosure Statement NB APPLICANT irL.-:..J .,,I YES NO i SERVICE . PROVIDE tus additional;hclts++ media) 0 Z Accounting and/or preparer of your tatr return Q ` Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® E purchaser of the subject property (identify purchasers)and purchaser's service providers_? aConstruction Contractors HyNorr Builders;Malt Hylton © Engineers/Surveyors/Apents YWi. Financing(include current --__ D 4 mortgage holders and lenders �.► selected or being considered to provide financing for acquisition �jj ��(( or construction of the property) _ le^�l El Legal Services .Sykee,Botrdon,Ahern&Lavy.P.C. Real Estate Brokers/ UE Agents/Realtors for current and I anticipated future sales of the sub ect prove rt> SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E1 ."- an interest in the subject land or any proposed development 1.O contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Peter Coleman&Joan Shephard Agenda Item 1 Page 9 Disclosure Statement \B •,nia G a: cER1,HCATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information, provided herein two weeks prior to the Planning Commission, Council, VBDA; meeting, or meeting of any public body or committee in connection With this Applica41.1n. - -e; / .`—"`'- Dr.Peter Coleman 4-i w APPUGMtTS AGrtAW PRINT NAME UA jc Page 5 of 7 Peter Coleman&Joan Shephard Agenda Item 1 Page 10 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 757-385-8610. • 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. Peter Coleman&Joan Shephard Agenda Item 1 Page 11 Item#1 Peter Coleman&Joan Shephard Street Closure Adjacent to 709 Vanderbilt Avenue District—Beach August 28,2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: Thank you. The next order of business,we will address those items that have been placed on the consent agenda. The acting Vice Chair Dave Weiner will handle this portion of the agenda for us. Mr. Weiner: Thank you Ms. Rucinski. Today we have five items on the consent agenda. The first one is Item #1, Peter Coleman and Joan Shephard street closure adjacent to 709 Vanderbilt Avenue,Beach District and here comes the representative. Mr. Bourdon: Madam Chair, Mr. Vice Chair,members of the Commission, for the record Eddie Bourdon Virginia Beach attorney representing the applicants. We appreciate being on the consent agenda. All four conditions as recommended by staff are acceptable to the applicant. Thank you. Mr.Weiner: Is there any opposition this being on a consent agenda? Okay,hearing none, I will ask Mr. Ripley to read this into the record please. Mr. Ripley: This is a street closure that adjacent to 709 Vanderbilt Avenue and it's a closure that's behind this particular piece of property. Other parts of this paper street have been closed, so this is not unusual. And the public viewers have been out and viewed it. They don't believe that the public has any interest at this point and that 1 it's appropriate to convey it. And so they brought it to the Planning Commission for our recommendation to Council and we recommend that it be approved. Mr. Weiner: Thank you Mr. Redmond. Madam chair that has all the items on the consent agenda, I move for approval items one,three, five, eight, and 10. Ms. Rucinski: Do we have a second? The vote is open. Ms. Sandloop: Mr. Ripley, could we get your vote please? By the recorded vote of 9-0, agenda items one,three, five, eight and 10 have been approved by consent. Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the consent agenda. Those items will now be scheduled on the city council agenda for hearing. You're welcome to stay or you can leave if you like. Okay, the next order of business will address the remaining items on the agenda. With the clerk please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE 2 Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 3 f r rtz., z. ‘ i Ca N . r CD • Q o 1 o CV , o 0 o o N U- CD ea ch ICC st, W \ \ ... di L:‘ \ \ \ '2-> ,N4 „,--,- - -'\ \ ' - ---_ -- Vre,0';-,---- \ \'' --' ' , ' - ".:3'-'. 0 CD i . .. , 7- , (., „ ,.. . ,,,,, al cy \, rAl ' .- c 0, cm ro" �4t ffi .t C`s �rJJ `ktiY:v✓, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ROBERT &JANET KOTTKE [Applicant & Owner] Modification of Conditions (Preschool/Day-Care Facility) for the property located at 2660 West Neck Road (GPIN 1494801200), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: October 1, 2019 • Background: On July 3, 2001, City Council granted a Conditional Use Permit for a Pre- school/Day Care Facility in the Tidewater United Church of Christ on West Neck Road. Since that time, the church has become inactive and the applicant has purchased the property to expand the pre-school/day care facility. Specifically, the applicant is requesting to modify the conditions of the Conditional Use Permit to increase the number of children from 100 to 140 and staff members from 15 to 20. In addition, the applicant is seeking to modify the signage to solely advertise the pre-school/day care facility. Other than changes to the sign, no exterior changes to the building are proposed. There are 64 parking spaces on the site, well in excess of the minimum of 19 spaces required by the Zoning Ordinance. The circulation plan provided by the applicant shows a logical and safe means for the drop-off and pick-up of the children. The typical hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday. ■ Considerations: The proposed request to modify the conditions of the Conditional Use Permit for a Pre-school/Day Care Facility, in Staff's opinion, is acceptable. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan as it relates to the Transition Area, as it is a low intensity use that provides a complementary and valuable service to the nearby residential uses. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing who noted concerns related to the possible decline in property values for homes in the adjacent neighborhood, and the increase in traffic associated with a rise in the number of children at the facility. Much of the discussion centered around the fact that students from Kellam High School, which is across West Neck Road, often park in the neighborhood. Traffic Engineering Staff committed to work with the speaker to investigate a means of installing "No Parking" signs in the neighborhood. Robert & Janet Kottke Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. All conditions of the July 3, 2001 Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1 . There shall be no more than 140 students in the facility at any one time; however, the ultimate occupancy, which cannot exceed 140 students, shall be subject to the approval of the Building Official's Office. 2. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 3. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. • 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 DepartmentTO City Manager: 774t_, Applicant Robert & Janet Kottke Agenda Item Property Owner Southern Conference United Church of Christ alki/B Public Hearing August 28, 2019 4 City Council Election District Princess Anne Virginia Beach Request Modification of Conditions (Pre-school/Day c..4 Care Facility) ,. Qo , `'� � 1 Staff Recommendation Approval +/' 001 • Staff Planner i Marchelle Coleman " /ILI ss.�oeeDM. Location 2660 West Neck Road \ GPIN 1494801200 Site Size 4.42 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 1 . y<, Former religious use, existing day care facility/ , ' • ft , , ?, AG-2 Agricultural li liett ` 4 , I - f 6 .t\_ s Surrounding Land Uses and Zoning Districts - '` i. . .,- ,-�' '1 • _ North - Annapolis Circle Single-family dwellings/R-5S Residential + , South , • fr.Single-family dwelling/AG-2 Agricultural • -' . East ' ^* '',N. , Vacant/R5-S Residential &AG-1 Agricultural West • i';,, ' ' ' ' ,4,,p e _ tvV. I West Neck Road 4 "'[,• ' ;' ; Kellam High School/AG-1 Agricultural 4 �} > Robert&Janet Kottke Agenda Item 4 Page 1 Background and Summary of Proposal • On July 3, 2001, City Council granted a Conditional Use Permit for a Pre-school/Day Care Facility in the Tidewater United Church of Christ on West Neck Road. Since that time,the church parishioners have dismantled,and the church is no longer active at this site. • It is the applicant's desire to purchase the property from the church and to expand the pre-school/day care facility. Specifically,the applicant is requesting to modify the conditions of the Conditional Use Permit to increase the number of children from 100 to 140 and staff members from 15 to 20. • Also,the applicant is seeking to modify the signage to solely advertise the pre-school/day care facility,as depicted on page 8 of this report. Other than changes to the sign, no exterior changes to the building are proposed. • Per the Zoning Ordinance, a day care operation requires one space per three hundred (300)square feet of floor area. As the building is 5,774 square feet, 19 onsite parking spaces are required. There are 64 parking spaces on the site;thereby, exceeding the minimum number of spaces required by 45. • The applicant has provided a circulation plan (depicted on pages 6 and 7 of this report)that shows a logical and safe means for the drop-off and pick-up of the children.The typical hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday.The morning drop-off time is between 8:35 a.m. and 9:00 a.m., and the mid-day pick-up time is between 11:45 a.m. and noon. Since the school is open until 6:00 p.m., parents who do not pick up their children during the mid-day pick-up time will park in the parking lot and walk into the building to pick- up their children. 0-2 AG-2 Zoning History -5s* `f AO'1 # Request AG-2 1 CRZ(0-2&AG-2 to Conditional R-5S)Approved ' �� 02/11/2014 CRZ(AG-1&AG-2 to Conditional 0-2)Approved AG-2 `\ 04/08/2008 + 2 CUP(Private Sewage Treatment System)Approved A -2 \ 05/24/2011 AG-1 REZ(R-10 to AG-1)Approved 06/08/2010 2 AG-2 CRZ(AG-1&AG-2 to Conditional PD-H2(R-10) Approved 08/24/2004 AG-1 3 CUP(Pre-School/Day Care Facility)Approved 07/03/2001 CUP(Church&Day Care Center)Approved 09/09/1997 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Robert&Janet Kottke Agenda Item 4 Page 2 Evaluation and Recommendation The proposed request to modify the conditions of the Conditional Use Permit for a Pre-school/Day Care Facility, in Staff's opinion, is acceptable.The request remains in keeping with the policies and goals set forth in the Comprehensive Plan as it relates to the Transition Area,as it is a low intensity use that provides a complementary and valuable service to the nearby residential uses. Based on these considerations,Staff recommends approval of the application,subject to the modified conditions below. Recommended Conditions All conditions of the July 3, 2001 Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. There shall be no more than 140 students in the facility at any one time; however,the ultimate occupancy, which cannot exceed 140 students,shall be subject to the approval of the Building Official's Office. 2. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 3. The applicant shall obtain all the necessary permits, inspections,and approvals from the Department of Social Services,the Fire Department,and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this property as being within the Transition Area.The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area,the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area,according to the Plan, should be well-planned,cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. Robert&Janet Kottke Agenda Item 4 Page 3 Natural and Cultural Resources Impacts This 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 significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1 1 a« Existing Land Use 2—409 ADT West Neck Road 15,500 ADT 32,700 ADT (LOS D") Proposed Land Use 3-572 ADT 1 Average Daily Trips 2 as defined by day-care 3 as defined by day-care facility with 4 LOS=Level of Service facility with 100 children 140 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) West Neck Road, in this vicinity of this application, is a four-lane divided minor suburban arterial. To the south of the site,West Neck Road is a two-lane undivided arterial.Access to the day-care facility from Annapolis Circle, is a two-lane residential street. There are no MTP or CIP projects slated for this area. Public Utility Impacts Water &Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they notified the surrounding property owners of the modification, and no objections were raised. 12 residents in the West Neck Commons neighborhood signed a letter in support of the application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and Sunday,August 18, 2019. • 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 12, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,September 15, 2019 and Sunday,September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citycouncil/Documents/BookmarkedAgenda.pdf on September 27, 2019. Robert&Janet Kottke Agenda Item 4 Page 4 Site Layout II i j . -14 itfihillib 1 rip If ti_itilityati o 1 1 V C K bP o a� O 0 i ,....„.....41 . � R. I .. ; i , _fir j . .1 a Pam• ` i �r.j � r ...eflil y Robert&Janet Kottke Agenda Item 4 Page 5 Drop-Off Circulation Plan Drop-Off Circulation Plan c ...,-4„......„,_ ; ... k....,,_,. ..,---1___. - \_..„...,_„.....4.., . _ .... 4 __ -. 7 , i TrT 1 44/ -`,....A, 7 . 1 i V 0 1 I xi ) II .. N. . r•-- ,„----_.11 . m 1 , \ \i . \,. .,_, 1 \ i'.! \,\ _..- ---=--ii-7. _I e ?! 1 .. . ,, t . :, 4. 4 1. _, re:. v. 1 1 7_---1\ /-/r-z-----„,_. 4.._— ----J"• 411;•44-...r-;-.. "--- .....44.Air, ,_..it __ ._) PiltlitA 1.- e....,.. 7A.. r• .c.------- so --- • ..,-...,--:-...,ow.„44.• . ,-; .. ,:jr.i.../ ._ . . ._ fi /I 7-__ i- .-; -./4‘":—_--; , . . ,, , 1,,,.. Ili/1-F r- --1 1 kir,' OA F Existing i :.: . Building 1 24/' • -i.,-:: ' r- — I , , -F--.211,...11 4 1 --, 1 ) -- - , 1, / s..., , -..1.--,6....;.., , zti .. ...._._.„—.„.., -.,.,____i . . .._ - _ .??, 1 •-,. ', - 4-7' '-. C.000 •",,,,,_1 - ..,' e. tcwr 7‘ 0 ' / ' / I .i ys, !, , I W - - ' . oar)7•09 Iv .756.•... N ea A.rert / . LC,. I t , _.. • ,4 i E. i ' \ ---, milf01,1 twoo,a awes,: I 4,,o, AfAewl lAw 1.: :: '''' r•1 V ›' t. ----2P-r-:-T.-7,:t._.. .______, . :1'‘• ,..)'-'.' ----- .-- WEST NECK ROAD (W?tA& moni PUBLIC Vol Robert&Janet Kottke Agenda Item 4 Page 6 Pick-Up Circulation Plan Pick-Up Circulation Plan \\ ., 17/ � r ,�.i. _ , _ / 0 ‘,C)_ ,Y ,--y 11 0 \ \ \ 1 .4i''Of __._1 1 ' 1— ---- — 1 it ea O. — • i likl �� I cote r ' 9- 1 xisting - ,... tit; -- ` 's I+��/ Building':—tt .J `� 1 t----t t 1,ZA..- /....- .. //1.00.5•3 CZZ:S4C49,- MCC af.f.A op7 /12144rtW 'nr 0 //•+�f IP.4 _ei` NJro�v9 w asa. •KO Ary?CKw¢A / w Ilj1.!pl$1 ORMJI a NW) 7-nav,r_'- 11 11 �, Mw 1r s .saw l.Yu_,,c,_ '1 so, 0 ay m. no,r 'cc 4. WEST NECK ROAD (V/pu5LE MOTH PUBLIC R/W) Robert&Janet Kottke Agenda Item 4 Page 7 Proposed Sign Renderings Beach Manor School vet ! 4,.--, I: t 2- 1 O Year(MI, fialO Mtn ♦ (757) - I3 N, ,.Manor43USrhoo333ls.com 7 .. r ---- r s 11.11. Robert&Janet Kottke Agenda Item 4 Page 8 Site Photos tx ,.;A. 'd am 8t',''3L, _ ,. AI s 'k 0rt. r — • ' ,' ' . I igaimitiolL A ttitc,. 6a a l+r. tic r k, 4 .t , ems` .'- _ _ �s'- a - tea. ,*! • Viz Ill ..-h R itIL,3{F Y - ..a Ayer,+..m.._ _. -7✓ 4 r Robert&Janet Kottke Agenda Item 4 Page 9 Disclosure Statement APPLICANT'S NAME Robert and Janet Kottke DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page l of 7 Marchelle L. Coleman Robert &Janet Kottke Agenda Item 4 Page 10 Disclosure Statement \13 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Robert and Janet Kottke If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 i SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Robert&Janet Kottke If an LLC, list the member's names: Page 2 of 7 Robert&Janet Kottke Agenda Item 4 Page 11 Disclosure Statement 1/3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2.3101. 2 'Affiliated business entityrelationship" means `a relationshi other than py p. parent-subsidiary relationship.that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. 4 ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Robert&Janet Kottke Agenda Item 4 Page 12 Disclosure Statement APPLICANT Virgini. Brach YES NO SERVICE PROVIDER (use additional sheets if needed) 111 Accounting and/or preparer of Jones CPA Group your tax return ❑ T Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ =' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • ® Construction Contractors Engineers /Surveyors/Agents Financing (include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • 0 Legal Services Poole,Brook, Plomly Real Estate Brokers / S.L.Nusbaum nAgents/Realtors for current and Cheney Cole anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have j ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Robert&Janet Kottke Agenda Item 4 Page 13 Disclosure Statement �av Virginia Reach. s CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this G ApOcation. J(X P n [ ICANT'SSIG A E PRINT NAME UATE • Page 5 of 7 Robert &Janet Kottke Agenda Item 4 Page 14 Disclosure Statement N/13 OWNER Virginia Beach l YES] [NO SERVICE PROVIDER(use additional sheets if needed) Z ❑ Accounting and/or preparer of Jones CPA Group your tax return ri ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) / Construction Contractors 0 ® Engineers/Surveyors/Agents Financing (include current Towne Bank ® a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �/ 1=17 Legal Services Poole,Brook.Plomly Real Estate Brokers / S L.Nusbaum Agents/Realtors for current and Cheney Cole anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ �� an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Robert&Janet Kottke Agenda Item 4 Page 15 Disclosure Statement 1Bray+ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. .lication. ••0' RTY OWNE ' SIGNATURE PRINT NAME DATE Page 7 of 7 Robert&Janet Kottke Agenda Item 4 Page 16 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 757-385-8610. • 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. Robert&Janet Kottke Agenda Item 4 Page 17 Item#4 Robert& Janet Kottke Modification of Conditions (Preschool/Day-Care Facility) 2660 West Neck Road District— Princess Anne August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Sandloop: Next item, is agenda Item number four, Robert & Janet Kottke. This is an application for a Modification of Conditions for a pre-school daycare facility on property located at 2660 West Neck Road in the Princess Anne District. Is the applicant or the applicant's representative here? Would you please state your name for the record? Ms. Cox: Sure, it's Jennifer Cox. Ms. Rucinski: Okay. And, can you explain your application? Ms. Cox: Beach Manor Pre-school has been there sharing that building that we're talking about with the Tidewater Community Church since 2001. They're no longer sharing the facility with the church; the church is not active anymore. So with that being said, we're trying to increase the occupancy or the Conditional Use from 100 to 140 students, this would also increase the staff from 15 to 20. There also will be some small sign changes out to show that the church is no longer active. Ms. Rucinski: What are the ages of the children that attend the school? Ms. Cox: We do from two and we can go up to 10. The 10 year olds are usually just after school. 1 Ms. Rucinski: Does anyone have any questions for the applicant? Alright, you'll have a seat and we'll call you up if there's rebuttal. Can you call the next speaker? Ms. Sandloop: Yes, ma'am. We have one speaker Isaac Nathaniel. Mr. Nathaniel: Hi, my name is Isaac Nathaniel. I am the neighbor to the school. I live directly across the street from them. They are a fantastic school. My one fear with the increase in the population of their school and the additional staffing is the additional traffic. The issue that we have during the school year is that Kellam High School is directly across the street and what we have found is that the Kellam High School students have to park somewhere, which is our neighborhood. So, what happens is the entire exterior loop that you see that becomes on both sides of the street that becomes a parking lot. So,it becomes a one way street,coming in from West Neck. The fear is the corner where you see the retention pond,the corner right there is our bus stop for all the kids and there's about 11 kindergarteners up to elementary school age. Kids that will stand at that parking or that bus stop, our fear with the teenage drivers that are coming in there is the security of them. And you know,my kid as well as the value of our home, we're a little worried that if we ever chose to sell our home, the high traffic would be a deterrent. So that was my fear. Thank you. Ms. Rucinski: Alright, any questions for Mr. Nathaniel? Mr. Nathaniel: I do apologize, one other thing, we have been trying to get no parking signs in the community. The City has said that you either do "no parking signs" in a certain timeframe of the school and it has to be approved by our HOA Board. We had 17 2 approvals and seven denials because it wasn't up to a certain percentage for our bylaws. Unfortunately, we weren't able to do that it was one short of being able to. The recommendation that I had was if there's any chance of the areas that were community space, that aren't impacting directly by a home, if those could be a no parking spot, that would be helpful because that does impact the bus stop. And it would also help the school as well, because that impacts the flow. One thing at the end of the school year, the crossing guard did come up to me and said, you know, please put these parking signs up.The traffic at that four way intersection has gotten crazy because the kids. That is the only place for them to park so they're all turning in there and it impacts the flow of traffic into the school itself. So thank you very much. Ms. Rucinski: Maybe we can have somebody on staff that could, you know, maybe help him determine how he could go about getting that. Mr. Tajan: We will follow up with traffic engineering. Ms. Rucinski: In conjunction with this application, is there something that could be done about the parking so that the flow of traffic doesn't become an issue for the residents? Mr. Lowman: Well, we're talking about something totally separate from this application here. We, I mean, I don't think that this application has anything to do with the students parking in the neighborhood or the congestion in the neighborhood, and we were talking about, you know, in addition of 40 children coming to the school here, so I don't consider that to be relevant to the issue of the school kids parking in the neighborhood. And he is correct, they've come to us for the signage and like I 3 mentioned earlier,if a neighborhood meets a certain threshold of people that request no parking in the neighborhood, we will put those signs up. They say no parking, you know, 8 am to 2 pm. We have them at Cox High School, First Colonial High School, and Green Run. I know the neighborhood behind Kellam has them. But, you know, we have to meet a certain threshold of residents that agree that yes, we want to reduce the parking, you know, we want to eliminate the parking in front of our homes during the day because it's not just the students, it's the residents as well. Anybody parking on the street can get a ticket, so that's where we hold it to a high threshold of, you know approval. So they have met with us, they haven't met the requirements. That's where that stands, but I don't think this application really has anything to deal with students parking in the neighborhood. The students parking in the neighborhood, we don't really understand it at all because the amount of parking that they have on site, you know, when they built Kellam, they built it for every junior and every senior to have a spot there, that's what I was told, as long as they pay them, you know, the parking sticker. So, we can understand why they park in the neighborhood other than maybe traffic gets so backed up there, that instead of trying to turn into the school, they bail into the neighborhoods they can run across the street. I mean, that's just, that's just, I have no idea, but is that answered your question. Ms. Rucinski: Thank you for providing. Mr. Nathaniel: Speak to Kellam High School. They have said that at a certain time period, they stop handing out permits so the kids that get a license from that point to the end of the year. They have to find a spot to park and that we end up being the parking 4 spot. I know it doesn't apply to this particular permit,but the additional traffic does affect us, unfortunately. Mr. Ripley: I'm just curious was the church there when you move there? Mr. Nathaniel: It was yep. Mr. Ripley: Okay. So you know, the assembly use was there? Mr. Nathaniel: Absolutely. Mr. Ripley: Okay. So this is not a surprise to you? Mr.Nathaniel: No. And they've been great neighbors and this didn't become more of an issue until the other school or other neighborhood put up there no parking signs and that additional traffic impacted our neighborhood immediately. We had a small amount of kids parking in our neighborhood initially and then once those signs went up, it blew up and the entire both sides of the street is full of kids and it is really difficult now, it's become a one way street. So I'm worried for them as well as us because they feel the same way. They've gone to the high school and they've gone or I mean, we've had this conversation several times. Thank you very much. Ms. Rucinski: Unfortunately, we can't solve that one. Mr. Nathaniel: Yeah. Ms. Rucinski: Any other questions? Mr. Horsley: You need to go back and take another vote. Get your ratio up a little bit so you can get those. 5 Mr. Nathaniel: That's the plan. One more vote. Thank you so much. Ms. Rucinski: Any other speakers? Ms. Sandloop: No, ma'am. Ms. Rucinski: Okay, so let's close the public hearing, I'm sorry. Do you want a chance to rebut anything that he had said? Ms. Cox: It doesn't sound like too much of it actually was; obviously our four year olds aren't driving and parking. So I don't know that we're contributing to the parking issue that they're having,but we would like to say if, you know, we have any say we will be happy to support that community; however, with getting those new parking signs, if there's anything that we can do to help, as well. Thank you. Ms. Rucinski: And so now we'll close the public hearing and for discussion amongst the Commissioners, yeah. Mr. Horsley: I just think it's a valid request and I'm glad to see that somebody is taking over the church. Too often we get churches, when they go, when the churches go out of business that's kind of hard to say, but when churches cease to become a church anymore, it's hard to find what fits in those buildings and the schools fits very good. And I don't see any problem with this. I think we grant their request. Ms. Rucinski: Any other conversation? Do we have a motion. Mr. Horsley: So move. Mr. Redmond: Second. 6 Mr. Ripley: I need to disclose that the applicant has listed TowneBank as their lender, and I need to disclose I serve on the advisory board in TowneBank in Chesapeake and have a letter on file with the clerk's of stating and TowneBank is not the applicant and I have no interest in the application and the Planning Commission recommendations are advisory only and final decisions by City Council. So, all that disclosed I will be voting on the application. Mr. Inman: I would make the same disclosure as Mr. Ripley just made without repeating it all. Mr. Graham: Madam Chair, I do as well with TowneBank. Ms. Sandloop:T he vote is open now. By recorded vote of 9-0, agenda item number four has been approved. Ms. Rucinski: Thank you, would you call the next item. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUC INSKI AYE WALL AYE WEINER AYE 7 Conditions 1. There shall be no more than 140 students in the facility at any one time; however, the ultimate occupancy, which cannot exceed 140 students, shall be subject to the approval of the Building Official's Office. 2. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 3. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 8 (i9, a) a) \1114\4•6. — u. O 0 CI N. ce o 8 0 ,er O ...- \\,. o ,ter l a C ,,n 1 o > iv - CU L '' - 1 ''.---- re ../ . 11'‘'.. rin N 'CI 0 PI co "`.'JCL C+ . a. r ".---\\L '---- ' . __ \\\\\-' P EL tCl r t` 'y �' 0 '. \,- -.}-,,,.. ''''. ti 0 6 \ : ..0 Apt ,,,,,,‘11 -.5 .70 :,. ,. _ . \„,.....:..,.. „. . ‘';' - + , , . c,, c . le- 04 5 z) Vl N d to ( Ni s k. \ �_; Z1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHESAPEAKE BAY FOUNDATION, INC. [Applicant & Owner] Modification of Conditions (Environmental Education Center) on property located at 3663 Marlin Bay Drive (GPIN 1489573361), COUNCIL DISTRICT — BAYSIDE MEETING DATE: October 1, 2019 • Background: A Conditional Use Permit for an Environmental Education Center and two Wind Energy Conversion Systems was approved for the property by City Council on December 11, 2012. The applicant is requesting a Modification of Conditions to build a 1 ,000 square foot classroom addition onto the existing building, the Brock Environmental Center. The classroom will house the Virginia Beach City Public School's Environmental Studies Program. Up to 100 students will be enrolled in the program and will split time between this site and their home schools. As the primary user for the new classroom will be high school students who will be transported by bus, no additional parking spaces are required. Minor site enhancements to accommodate the addition include adjustments to pathways and the installation of new planting material. • Considerations: The architecture of the addition mirrors that of the existing building, and the increased footprint will have little impact on the environment. The land disturbance is outside of the Resource Protection Area, which is the highly regulated portion of the Chesapeake Bay Preservation Area (CBPA). No variance from the CBPA regulations is required. The proposal complements the Comprehensive Plan's land use policies for the Shore Drive Corridor, serving to further protect the significant investment that has been made to preserve Pleasure House Point for open space, limited recreation, natural resource preservation, and natural resource education. This classroom will enhance an existing partnership between the Chesapeake Bay Foundation and the Virginia Beach City Public Schools. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff did receive one letter of opposition who noted environmental concerns with the existing Brock Environmental Center, as well as with the proposed addition. As noted above, the improvements, both existing and proposed, will be located outside of the more stringently regulated and environmentally sensitive portions of the site. Chesapeake Bay Foundation, Inc. Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. All conditions of the December 11, 2012 Conditional Use Permit for Environmental Education Center and two Wind Energy Conversion Systems shall remain in effect except Condition 1 shall be modified and a new condition, Condition 15, as indicated below, shall be added. 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PERMIT SITE PLAN EXHIBIT, CHESAPEAKE BAY FOUNDATION LEARNING CENTER," dated July 9, 2019, prepared by the Tymoff + Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning & Community Development Department. 15.The elevation of the proposed building addition, off the eastern end of the existing building, shall be in substantial conformance with the exhibit entitled, "CHESAPEAKE BAY FOUNDATION CLASSROOM ADDITION," dated July 7, 2019, prepared by the Tymoff + Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning & Community Development Department. • 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 '7 City Manager: i(Q L Applicant & Owner Chesapeake Bay Foundation, Inc. Agenda Item Public Hearing August 28, 2019 City Council Election District Bayside 3. 0 Virginia Beach Request Modification of Conditions (Environmental \s/Zr Education Center) oc..s s,,a Staff Recommendation `" \ { '--� t a g Approvalwok.two Dog �► Staff Planner Jonathan Sanders Location 3663 Marlin Bay Drive GPIN 1489573361 Site Size 10.29 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay •Existing Land Use and Zoning District "� � ,i ' .. s • Environmental Education Center/P-1 ; cif Preservation (Shore Drive District Overlay) - sf Surrounding Land Uses and Zoning Districts North Open space, single family dwellings/P-1 Preservation, R-5D Residential (Shore Drive g t District Overlay) 11 South City park, Lynnhaven River , i� East 's Lynnhaven River West City park/ P-1 Preservation (Shore Drive District '" Overlay) Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 1 Background and Summary of Proposal • A Conditional Use Permit for an Environmental Education Center and two Wind Energy Conversion Systems was approved by City Council on December 11, 2012. The facility has been constructed and is in operation. • The applicant proposes to build an addition onto the east end of the existing building. The addition will consist of a deck extension that will connect to an approximately 1,000 square-foot building to be used as a classroom. The classroom will house the Environmental Studies Program. The program's goal is to provide students with real world applicable learning opportunities with a focus on social, economic and environmental impacts on sustainability. • Up to 100 students will be enrolled in the program,who will divide their time between this location and their school. • Minor site enhancements are proposed to both accommodate the addition and to address facility needs, including adjustments to existing pathways,the installation of new planting material and new permeable pavers. • The exterior elevations depict a design, architectural massing and materials that will match the existing building. • As the primary user for the new classroom will be high school students that are transported by bus,there are no proposed plans to modify the existing parking spaces on site, which includes the adjacent parking area within the City right-of-way. --` � ti PD-H1 B 4 J \ SD Ra Zoning History /�% # Request / 1 REZ(PD-H1 to P-1)11/27/2012 2 CUP(Environmental Education Center&Two Wind Energy Conversion Systems) 12/11/2012 REZ(PD-H1 to P-1) 11/27/2012 R-SD l\\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 2 Evaluation and Recommendation The applicant's request for a Modification of Conditions for the Conditional Use Permit for the Environmental Education Center is, in Staffs opinion, acceptable.The architecture of the addition mimics that of the existing building, and the increased footprint will have little impact on the environment. The land disturbance is outside the Resource Protection Area,so no variance is required. Staff finds that the proposal furthers the Comprehensive Plan's land use policies for the Shore Drive Corridor and SFA 1.1, as it serves to further protect the significant investment that has been made to preserve Pleasure House Point for open space, limited recreation, natural resource preservation and natural resource education. This classroom will enhance an existing partnership between the Chesapeake Bay Foundation and the Virginia Beach City Public Schools. Based on these considerations above, Staff recommends approval of this request subject to the conditions below. Existing Conditions — December 11, 2012 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, including a minimum of three (3) on-site handicap parking spaces. 2. A 'Traffic and Parking Plan' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office,the elements of the plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 5. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a professional engineer licensed by the Commonwealth of Virginia that certifies that the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System,the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation" provided by the Federal Aviation Administration Obstruction Evaluation Office for the two WECS. 7. If the Wind Energy Conversion System ceases to be operational for a period of one year,the system shall be removed at the applicant's expense. 8. The Wind Energy Conversion System, including all associated equipment, shall be inspected by a Wind Energy Conversion System contractor two years from approval by City Council and then every two years subsequent,to ensure compliance with Section 209 of the Zoning Ordinance and with conditions set forth in the Conditional Use Permit.The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 3 Director. 9. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 10. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 11. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 12. The Wind Energy Conversion System shall be constructed in general conformance with the detail entitled, "Wind Turbine Details & Diagrams,"dated October 9, 2012, prepared by the SMITHGROUP.The height of the Wind Energy Conversion System pole shall be no higher than 70 feet with blades extending no more than 12 feet beyond the top of the pole. 13. The Wind Energy Conversion System shall be located on the site as generally depicted on the plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP. 14. A letter from the professional engineering company,SMITHGROUP,the firm who prepared the Wind Energy Conversion System plans entitled, "Wind Turbine Details& Diagrams,"shall be submitted to the Building Official prior to the issuance of the Final Certificate,stating that all work to install the Wind Energy Conversion System was done in accordance with said plans. Recommended Conditions All conditions of the December 11, 2012 Conditional Use Permit for Environmental Education Center and Two Wind Energy Conversion Systems shall remain in effect except Condition 1 shall be modified and a new condition, Condition 15, as indicated below shall be added. 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PERMIT SITE PLAN EXHIBIT, CHESAPEAKE BAY FOUNDATION LEARNING CENTER," dated July 9, 2019, prepared by the Tymoff+ Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning&Community Development Department. 15. The elevation of the proposed building addition, off the eastern end of the existing building,shall be in substantial conformance with the exhibit entitled, "CHESAPEAKE BAY FOUNDATION CLASSROOM ADDITION," dated July 7, 2019, prepared by the Tymoff+ Moss Architects,which has been exhibited to the Virginia Beach City Council and is on file in the Planning&Community Development Department. 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. Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 4 Comprehensive Plan Recommendations This site is located within Suburban Focus Area 1-Shore Drive Corridor. The corridor is characterized by many well- established neighborhoods, newer high-density residential development; neighborhood and resort commercial uses; significant parks and open spaces; proximity to Chesapeake Bay and Lynnhaven River. More specifically,this site is within SFA 1.1. Pleasure House Point which notes the importance to maintain and protect the significant investment that has been made to preserve Pleasure House Point for open space, limited recreation, natural resource preservation and natural resource education. Ensure that any development in the surrounding area is complementary with regard to both design and land use to the natural resource and open space amenity provided by Pleasure House Point. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.This watershed is characterized by water,tidal marsh,sandy shores and maritime forest.The shallow water estuarine environment of the property provides habitat for the iconic Chesapeake Bay blue crab and the Lynnhaven oyster. The proposed building addition is proposed outside of the Resource Protection Area,which is the most stringently regulated portion of the Chesapeake Bay Preservation. No variance is required for the proposed land disturbance. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 38,400 ADT 1 36,900 ADT 1(LOS 2"D") 38,700 ADT 1(LOS 2"E") No Change Anticipated lAverage Daily Trips 2 LOS=Level of Service Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Ocean Park Civic League at the CBF's Brock Environmental Center in January 2019 to discuss the details of the request. According to the applicant, 80 residents were in attendance. • The applicant/applicant's representative met with the Ocean Park Civic League at the CBF's Brock Environmental Center on July 11, 2019 to discuss the details of the request. According to the applicant, 25 residence were in attendance. • The applicant/applicant's representative met with the Community on July 30, 2019 to discuss the details of the request. • On July 22, 2019, a press release was sent to Hampton Roads press outlets. • On July 31, 2019, a presentation on the project was posted on www.cbf.org/brockclassroom • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 15, 2019. Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 5 • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 11, 2019 and Sunday,August 18, 2019. • 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 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 15, 2019 and Sunday, September 22, 2019. • 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 16, 2019 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 6 Proposed Site Layout ..t.,.., 1:1 -..- , --'1,1 N 9 , / �q Y r,"2' .r.`z3 0 -:moo q 0 f I I af ilk 1 3 i tf. li e � �'�. 7,,,,;‘,. :14‘04.1 _,:,5; a ii A o /-1*) vi = , . ./**7* 1 -11 g e o = y { N'• \ L LI iilliilithiliiVaidi:17-,, 96 \\, - \\ f 'N i Eilifirnifirlinilliiiiiii . lif,4----, j r\:,-. I- )- Alt ' *I . ..• . / ", P.... s‘s, '•,, 1100,III—"'-'. tV, .'-.. ._...--- ---el Ili -- — ', ss `�F < � 1-' �, ii •t .._ A l "‹. q / _. ,rl, 1. I� I \ ,inn > /' s. —--- ,,,,,4;.!'*- li 989 a a . = - 1 : . V J 0 v. -- • - - �..t r\ L 1 ' li fe r. ) Sl i ,, , Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 7 Proposed Elevations 'MIA Moor TOMATO.DINTNG IETu NNEL To Sfl EYRINO MOW/AM IN TO MAMA E YS NO I I. --t- --r--r 4- -I r"1 • tii W_... _ 1s' IECFA RAU.10 WTC.IntYo *~/Y lit _Cd TAVII FOUICATNR TOMATO.EWING OF rooru Eievamn taus,NNE,TO IIATCA IDIAN O -.....-..__ T IONml1KO TOAD TO YATO+EYISTNC--. t Ix.vlo0At51O IDwtc«ENV.°---1 n1 ,i . e�, s L 1 A2.1 ORt Eievat. _.. CNEAAPEAME SAY FOUNDATION Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 8 Proposed Elevations MIA ANOCWSKIEYTOWTCMEASTK - MOAOOMTFI SONG TO WHO.EXISTING MOCK if rOUNDETON TO MATCH WES. i Rt r peven n YETAJ PAMEt TO WTCN FENTON ..--co.SETE FO.NOa1CM TO ENTO.FAWNS ,-.CNLOKTY EONO TO MVO.CUOMO t A2.2 CIESAPEAKE DAY FOUNDATION Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 9 Site Photos 1111k.<. Ems,lice _ t . 4 t a VyI' X tr y ,� 'f C -. r- ^ - -- J `-� ._., L Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 10 Disclosure Statement Virginia Beat APPLICANT'S NAME Chesapeake Bay Foundation, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exce.tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE tOR C.ii Y USE ONLY / '+ ISC:OSnrs r '• - ,,4. Page 1 of 7 Pi�r:ning C�mn»ssiar and C_KY Comic ll n: _,,p-r:tt D�/ 4PPIICANI'NOTtr1FDOFHEARMf. t/h7L: Ef NO CHANCES AS OF 1 f D :,- q/1$/V1l JS Jonathan Sanders O REVISIONS SUB-FITTED Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 11 Disclosure Statement -1111 irgin:a L'aach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. UCheck here if the APPLICANT_IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Chesapeake Bay Foundation, In. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached List of Applicant/Property Owner Officers. (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNERIS NOTa corporation, partnership,firm, business,or other unincorporated organization. Inl Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Chesapeake Bay Foundation, Inc If an LLC, list the member's names: Page 2 of 7 Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 12 Disclosure Statement • Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) Please see attached Applicant/Property Owner List of Officers. (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property- If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 13 Disclosure Statement IkB APPLICANT Virginia Beach I YES NO 1 SERVICE �1 ( PROVIDER(use additional sheets if t dea) n © Accounting and/or preparer of I your tax return X n Architect/Landscape Architect/ Tymoff+Moss Architects Land Planner Contract Purchaser(if other than 7 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X n Engineers/Surveyors/Agents WPL Site Design Financing(include current I © mortgage holders and lenders selected or being considered to ' provide financing for acquisition or construction of the property) IX. El Legal Services Williams Mullen I Real Estate Brokers/ Ill ® Agents/Realtors for current and anticipated future sales of the 1 subject ,roperty _, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n xi an interest in the subject Iand or any, proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 14 Disclosure Statement Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information! provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this! Application. Stephen R. Romine,Attorney for S/3t/y APPI.I s ATURE PRINT NAME p,,b«,„-f' DATE Page 5 of 7 Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 15 Disclosure Statement JTMS� • CHESAPEAKE BAY FOUNDATION R - , �,.° Saving a National Treasure 2019 Board of"Trustees Officers Harry T. Lester Chair Jane P. Batten Vice Chair Arnold I.Richmond Vice Chair William C.Baker President Alan R.Griffith Treasurer William A.Agee Secretary Trustees R.Bruce Bradley J.Sedwick Sollcrs,Ill George L.Bunting.Jr. Sandra E.Taylor D. Keith Campbell Preston M. White Michael J.Chiaramonte Susan P.Wilmerding Thomas M Davis, Ill Stephen M.Wolf Robert S.Evans !tarry S.Gruncr Michael J.Hanley Jeanne Trimble Hoffman Ann D.Homer Mark J.Hourigan Otis S.Jones Robert A. Kinsley,II Burks B. Lapham Katie Z. Leavy Pamela B. Murphy Devon B. Ogburn Elizabeth Oliver-Farrow Mark S.Orden Anna R. Paulctta Ann Pelham Plot IP MERRILL ENVIRONMENTAL CENTER 6 HERNDON AVENUE j ANNAPOLIS.MD 21403 410-268.8016 1 CBF.ORC: Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 16 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 757-385-8610. • 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. Chesapeake Bay Foundation, Inc. Agenda Item 10 Page 17 Item#10 Chesapeake Bay Foundation, Inc. Modification of Conditions (Environmental Education Center) 3663 Marlin Bay Drive District—Bayside August 28, 2019 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you sir. Next is item 10. The Chesapeake Bay Foundation, Inc's Modification of Conditions of the Environmental Education Center at 3663 Marlin Bay Drive in the Bayside District. Is there a representative for this application? Mr. Romine: Good afternoon Madam Chair, members of the Commission for the record Steve Romine local attorney for the Chesapeake Bay Foundation. We appreciate being placed on the consent agenda. The two conditions are acceptable, and we thank you for your time. Mr. Weiner: Thank you. So is there any opposition for this being placed on the consent agenda? Hearing none, I will ask Commissioner Redmond to read this into the record. Mr. Redmond:Thank you Mr. Weiner, thank you Mr. Romine. This is an application by the Chesapeake Bay Foundation, Inc.with regard to their Brock Environmental Center, pleasure house point in the Bayside District specifically is for a Modification of Conditions some years ago, 2012 actually. The conditional use permit was issued for this site for Environmental Center & Wind Energy Conversion System, which is in place and in operation. The Center now wishes to build in addition to the east end of the existing building, which will consist of a deck connecting to an approximately 1,000 square foot building to be used as a classroom. The purpose 1 of that classroom is their new Environmental Studies Program, where they would house approximately 100 students who would divide their time between their high school and this location there are other minor site enhancements to existing pathways and walkways and the installation of new planning material. Students would primarily be transported by bus that certainly is the intention. We are unaware of any opposition to this amendment, I should say simply because I can. This is just a wonderful facility, not just in the Bayside District, but for the entire city and we're lucky to have them. It's a true jewel and so the Commission is happy to recommend approval to City Council by consent. Thank you, Mr. Weiner. Mr. Weiner: Thank you Mr. Redmond. Madam chair that has all the items on the consent agenda, I move for approval items one, three, five, eight, and 10. Ms. Rucinski: Do we have a second? The vote is open. Ms. Sandloop: Mr. Ripley, could we get your vote please? By the recorded vote of 9-0, agenda items one, three, five, eight and 10 have been approved by consent. Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the consent agenda. Those items will now be scheduled on the City Council agenda for hearing. You're welcome to stay or you can leave if you like. Okay, the next order of business will address the remaining items on the agenda. With the clerk please call the first item. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE Conditions 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PERMIT SITE PLAN EXHIBIT, CHESAPEAKE BAY FOUNDATION LEARNING CENTER," dated July 9, 2019, prepared by the Tymoff+ Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning & Community Development Department. 2. A `Traffic and Parking Plan' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office, the elements of the plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 5. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a professional engineer licensed by the Commonwealth of Virginia that certifies that the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation"provided by the Federal Aviation Administration Obstruction Evaluation Office for the two WECS. 3 7. If the Wind Energy Conversion System ceases to be operational for a period of one year,the system shall be removed at the applicant's expense. 8. The Wind Energy Conversion System, including all associated equipment, shall be inspected by a Wind Energy Conversion System contractor two years from approval by City Council and then every two years subsequent,to ensure compliance with Section 209 of the Zoning Ordinance and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 9. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 10. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 11. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 12. The Wind Energy Conversion System shall be constructed in general conformance with the detail entitled, "Wind Turbine Details &Diagrams," dated October 9, 2012, prepared by the SMITHGROUP. The height of the Wind Energy Conversion System pole shall be no higher than 70 feet with blades extending no more than 12 feet beyond the top of the pole. 13. The Wind Energy Conversion System shall be located on the site as generally depicted on the plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012,prepared by the SMITHGROUP. 14. A letter from the professional engineering company, SMITHGROUP, the firm who prepared the Wind Energy Conversion System plans entitled, "Wind Turbine Details &Diagrams," shall be submitted to the Building Official prior to the issuance of the Final Certificate, stating that all work to install the Wind Energy Conversion System was done in accordance with said plans. 15. The elevation of the proposed building addition, off the eastern end of the existing building, shall be in substantial conformance with the exhibit entitled, "CHESAPEAKE BAY FOUNDATION CLASSROOM ADDITION," dated July 7, 2019, prepared by the Tymoff+ Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning & Community Development Department. 4 Apo 6io/4gAlies i C , 1ilitif Z.i it a : e ' 0 s to goute�a� i O Ocean o c2. tY kk, Q Y V �.{ 3, 44 l'13 O ` 6�i T ax C a) a Er=. •'- N 1- G Road fl. 41( ^ E as Nest Neck 0. Z41 t, 4464% C • .. t �2v, O cocu a Q d "� it RPo °a Q fn # emu; $ 'R eF y.. 'fit rt ,n it f y _ a� .� Q a� N CD 1)S; I a) 4 ., . ,,..,,,,,4 Y ,..' ,,, 4( ' Mj`Af f • f _I J Ifµt_ 0 U co av CO co C CIO S �yl I4; f� CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: VIRGINIA BEACH DIGIPORTS, LLC [Applicant] TAYLOR FARMS LAND COMPANY, LLC [Owner] Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial District), (GPIN 2405665160). COUNCIL DISTRICT — BEACH MEETING DATE: October 1, 2019 • Background: The applicant is requesting to rezone 19.38 acres of an 800-acre parcel known as Taylor Farm from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District. A 170,000 square foot data center with a 31 ,500 square foot mechanical yard. The material used for the building will be tilt-wall construction featuring a series of concrete panels to form building exterior walls. A landscaping feature known as a ha-ha is planned along the perimeter of the site, which will provide a physical barrier and extra measure of security for the data center, as well as provide storage of stormwater. The data center will tie into the subsea cables landing in Virginia Beach and will provide direct access to terrestrial networks, servicing corporate customers around the world. Hours of operation for the data center will be 24 hours a day, seven days a week. The data center will employ approximately 30-40 people. Mitigation of noise emissions will be provided with the construction of a barrier wall around the mechanical yard, as this is the only noise component of the data center itself. The closest residential dwelling is approximately 2,800 feet from the site. • Considerations: The site is located within the Special Economic Growth Area 3 — South Oceana, a tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. The property is in the greater than 75 noise zone and is encumbered by a Navy Restrictive Easement. The data center use is compatible with the AICUZ provisions set forth in the Zoning Ordinance, and Staff received a letter from the Navy stating that the use is permitted under the terms of the easement. A public outreach meeting was held in February 2019, and a second meeting is planned to be held on September 23rd Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. At the Planning Commission public hearing, there were seven speakers. An adjacent property owner spoke in support of the application, citing the important Virginia Beach DigiPorts, LLC Page 2 of 2 economic development opportunities associated with the offshore cable landing. The six speakers in opposition noted potential flooding issues, impacts to forest and wildlife; and the perception of a lack of community engagement and details surrounding the project, concern that it will put the work of NAS Oceana at risk, and that this simply is not a good location for this use. Based on questions at the Staff Briefing on September 24, 2019, attached is a document entitled `Global Subsea Resurgence - Virginia Beach 0 to 4 in - 18 month' to address concerns regarding economic impact of data centers. ■ Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-1. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Synopsis of Stormwater Analysis Memo Map of Speakers in Support and Opposition Navy Restrictive Easement Compliance Letter Economic Impact of Data Centers Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: //// - Applicant Virginia Beach DigiPorts, LLC Agenda Item Property Owner Taylor Farms Land Company, LLC f- Public Hearing August 28, 2019(Deferred February 13,2019) City of City Council Election District Beach D1 Virginia Beach Request Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional I-1 Light Industrial) ;,f se".„,, o�. APZ, i a d4�� A PZ2 oY40e, g L Q"a Matt:Drive S Staff Recommendation g Approval t i o 8 Staff Planner "'' `'�`j Marchelle Coleman s Darn Neck Road f Location Pam=�°","'" -01 �r 2097 Harpers Road GPIN 4¢, P� 2405665160 w` !be?YZ%a°'e p J'�'� �, Site Size 70.75.B DNL oeP "®, 10.15 acres AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped parcel, farm, borrow pit/AG-1 & >i ,`£=f; ' , AG-2 Agricultural �� - 1 Surrounding Land Uses and Zoning Districts .° y3j. � ~ North /`� `r � - , . Auto sales&service, restaurant/AG-2 ` Agricultural, B-2 Community Business South E . Dam Neck Road i Undeveloped parcel/AG-1 Agricultural & I-1 tAlit Light Industrial p ., k� ,, East `; �• �- � School/AG-1 Agricultural ',, • West z +. p Harpers Road b ti ! Golf course/ 1-2 Heavy Industrial \ ` Virginia Beach DigiPorts, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • The applicant is requesting to rezone 19.38 acres of an 800-acre parcel from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District. • A 170,000 square foot data center with a 31,500 square foot mechanical yard is proposed as part of Phase 1 of the master plan development for Taylor Farm.The material used for the building will be tilt-wall construction. Tilt-wall construction features a series of concrete panels titled up into place to form building exterior walls.The mold used for the wall is surfaced with a geometric block-like pattern and will be painted a neutral color.The front of the data center will be finished with glass and architectural metal panels. • The perimeter of the site will have a landscaping feature called a Ha-ha. The Ha-Ha provides a physical barrier and provides border protection from vehicle crashes and other instances that could cause a threat to the security of the data center.The Ha-Ha also supports the quality and quantity of the stormwater around the perimeter of the site.The site will be landscaped with trees and shrubs, in keeping with the proposed rendering depicted on page 9 of this report. A landscaping plan will be submitted and reviewed during site plan review. • The data center will tie into the subsea cables landing in Virginia Beach and will provide direct access to terrestrial networks, servicing corporate customers around the world. Hours of operation for the data center will be 24 hours a day, seven days a week.The data center will employ approximately 30-40 people. • Mitigation of noise emissions will be provided with the construction of a barrier wall around the mechanical yard, as this is the only noise component of the data center itself. Generators are muffled and are particle- filtered, which does not generate much noise.The closest residential dwelling is approximately 2,800 feet away from the site.The applicant does not anticipate noise being an issue and has made provisions to alleviate as much noise as possible. • To provide access to the site, the applicant proposes to construct a 110-foot public access road connecting to an existing curb cut along Dam Neck Road. The proposed road will be dedicated to the City of Virginia Beach, providing shared access to the entire 800-acre site. • A proposed stormwater management facility will be constructed adjacent to the data center to address stormwater quality and quantity control for the site. • Per Section 203 of the Zoning Ordinance, one space per employee on a maximum working shift is required. When originally submitted, the applicant was requesting over 100 parking spaces on the site. The applicant has modified the plan and reduced the number of parking spaces to 41. • The site is located in the greater than 75db DNL Noise Zone and is impacted by a Navy restrictive easement. On February 11, 2019, the applicant received a letter from the Department of Navy stating that the proposed use appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 2 Zoning History # Request 1 MOD(Borrow Pit)Approved 04/05/2016 CUP(Borrow Pit)Approved 03/22/2011 CUP(Outdoor Recreational Facility)Approved 03/22/2005 2 CRZ(AG-1&AG-2 to Conditional I-1)Approved 08/04/2015 REZ(R-20 to I-1)Approved 08/04/2015 A-12 CUP(Bulk Storage Yard)Approved 08/04/2015 ' 1i ' 3 CUP(Wind Energy Conversion System)Approved -2.,0 F►:, .P�. -1�} 09/22/2009 Y AP/2 A•12 1-2 4 CRZ(AG-1 to Conditional 0-1)Approved 04/22/2003 �' CRZ(AG-1 to Conditional H-1)Approved F �' "6� 04/22/2003 /`/ • `. 5 CRZ(AG-1&AG-2 to Conditional 1-2)Approved ` ''� 'r% 05/14/2002 G-2 /� ; 1 6 CUP(Pet Crematory)Approved 04/09/2002 %'� , _ 7 CUP(Communication Tower)Approved 08/08/2000 /�� '`''�`�- 1 s ' CUP(Communication Tower)Approved 02/11/1997 ; CUP(Bulk Storage)Approved 06/22/1987 R- A )Approved / �•1 t REZ(I t G-2 to I-1 06/22 1987 f R-20 2 r/ 1 1� 8 CRZ(AG-1 to Conditional B-2)Approved 10/29/1996 A-2't 1• CUP(Indoor Recreation Facility)Approved 10/29/1996 9 MOD(Rezoning)Approved 06/25/1996 10 REZ(I-1 to AG-1)Approved 09/14/1993 11 CUP(Automobile Repair Garage)Approved 06/22/1993 12 REZ(AG-1 to R-5)Approved 07/06/1987 13 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request to rezone the 19.38-acre site from AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light Industrial District to construct a data center is acceptable. This site is located within the Special Economic Growth Area 3—South Oceana. The Special Economic Growth Area 3 is a tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. Portions of this area are impacted by high noise zones, accidental potential zones, and Navy restrictive easements.The data center use is compatible with the AICUZ provisions set forth in the Zoning Ordinance. As stated previously, the applicant submitted an easement compliance review request to the Department of Navy to retrieve approval to construct this data center. Based on the Navy's findings, this use is permitted under the terms of the Grant of Easement owned by the United States. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 3 As per the Comprehensive Plan, the western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. The proposal is consistent with this vision. According to Traffic Engineering Staff, no left turns are permitted from the site onto eastbound Dam Neck Road. Also, the proposed access point along Harpers Road, while depicted on the proffered plan, will not be allowed unless right-of- way improvements are made to the entire frontage from the access point to Dam Neck Road. Additional detailed comments will be provided during the site plan review process. As recommended by Staff, the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining their proposed stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. Based on the considerations above, Staff recommends approval of this request subject to the proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially in accordance with the exhibit entitled "CONCEPTUAL SITE PLAN FOR DATA CENTER ON A PORTION OF PARCEL"A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 and prepared by Kimley-Horn and Associates. PROFFER 2: The exterior of the data center building shall substantially adhere in appearance and materials to the exhibit entitled "RENDERING OF NXTVN DATA CENTER AT TAYLOR FARM" dated July 10, 2019 and prepared by Kimley-Horn and Associates. PROFFER 3: The 110' right-of-way proposed on the "CONCEPTUAL SITE PLAN FOR A DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 prepared by Kimley-Horn and Associates will be dedicated to the City of Virginia Beach once the construction plans are approved by City staff and a performance bond is properly posted for the improvements. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The property is within 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 known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 19,866 ADT 1 34,900 ADT 1(LOS°"D") Existing Land Use 2—0 ADT Harpers Road 6,670 ADT 1 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-771 ADT 11,100 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by a vacant AG- 3as defined by 10.15 acres of I-1 °LOS=Level of Service 1&AG-2 parcel Zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this site, Dam Neck Road is a four-lane divided, access controlled, major suburban arterial, with 165- foot right-of-way width. It is designated in the City's MTP as a six-lane parkway.There are no roadway CIPs slated for this segment of Dam Neck Road. Additional site frontage is along Harpers Road, which is a two-lane collector with a 25- foot right-of-way width and approximately 18 to 20 feet of pavement.There are major design deficiencies on this section of Harpers Road. Harpers Road is shown on the MTP as an undivided four-lane major collector with 165-foot right-of-way width.There are currently no CIPs scheduled for this segment of Harpers Road. Public Utility Impacts Water This parcel, and all proposed parcels on the 800-acre parcel reserved for future development, must connect to City water. There is an existing 20-inch city water transmission main along Dam Neck Road. Also, there is an existing 12-inch plugged City water service main located at the proposed roadway intersection with Dam Neck Road. Sewer This parcel, and all proposed parcels on the 800-acre parcel reserved for future development, must connect to City sanitary sewer. There is an existing 42-inch HRSD sanitary sewer force main along Dam Neck Road. Also, there is an existing 12-inch plugged City sanitary sewer force main located at the proposed roadway intersection with Dam Neck Road. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 5 Public Outreach Information Planning Commission • The applicant's representatives met with the Red Wing Civic League and other surrounding property owners on February 7, 2019 to discuss the details of the request. According to the applicant, many of the concerns were addressed with the community regarding noise,traffic, and flooding. • The applicant reported that after the meeting with the surrounding property owners, no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 11, 2019 and Sunday,August 18, 2019. • 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 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • Following the Planning Commission' public hearing and at the request of those who signed up in opposition,the applicant and applicant's representative scheduled an additional public outreach effort for surrounding property owners and civic leagues in the vicinity.The meeting is scheduled for Monday,September 23, 2019 to discuss the details of the request. • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,September 15, 2019 and Sunday,September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 6 Proposed Conditional Rezoning Exhibit }i ; ill s g i d Ili c D pH Ir _= _ g _= L CD w d` a ag c� r j C7 « O _ H giya;. a$ wo a8wo <S wo a tELLS oo Neoo6 '. `6 @i £gf#.h b opro o ,«o Wo °.o0 —26 1B £ ;1aia Q aINa° W I:11 q! NN,°#�# Qogoo Qoqloo Oa0 LL�2oa� W °oW Y e M as s 2a .t [fa g� a S om a o om l` Q a $ oo 1y I..` leiig .ctm <o 2 <o _ - ao Z s a1 ;lei z _ c� �— I I�ttN 68»»;£ e N ci I a \ \ \ $: F \ : p iS "..,..0,..00,„0,,I..::::: sf•s.5. ' 2 0 iiii • :e in "� i \ , #a� . iii a P � i rl 1ls .iiii r,e=arnaliii,re®s11:41 \ �'. 11....ee../!®C .. N f a: lI f f iiirrifalloi '>Joe..,.,aim km ` iiii��'6:1iiiii s ese�e 4\` VA: 'ui11 { N ��resee '1 �e ir \\ 0j �v�` �ii ilia !?e N \ � w ! 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' : A t, ,,,1 .,,,, ,,, _., } e a',: 6 T jk 4,,,,. ,,,‘-:3;= 14::,, As ii ihw,:,,t:.::\2:,,,,,\pp, II si 411 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 9 Dept. of Navy Easement Compliance Letter `' l"t\' DEPARTMENT OF THE NAVY •,.`,, NAVAL AIR STATION OCEANA t 750 TOMCAT BOULEVARD k1/4 j VIRGINIA BEACH VIRGINIA 23460-2191 • 4535 Ser N4/045 11 Feb 19 Mr.J.Randall Royal Kimley-Hom 4525 Main Street,Suite 1000 Virginia Beach,VA 23462 Dear Mr. Royal: Thank you for your request for an easement compliance review for the proposed use of 2097 Harpers Road,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,specifically a data center for the storage and dissemination of data,an office component to manage the facility,and the storage of diesel fuel for generators,is permitted under the terms of the Grant of Easement owned by the United States of America Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U.S.Navy will periodically conduct random reviews in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.moomaw@navy.mil. Sincerely, 0) .„, C. P. VINCELETTE Captain, U.S.Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3 &PRA12) Virginia Beach DigiPorts, LLC Agenda Item D1 Page 10 Site Photos V: • .! 3 mi }p`e t o e• sR.' _- ., - -.. .: Virginia Beach DigiPorts, LLC Agenda Item D1 Page 11 Disclosure Statement IP Virginia Beach APPLICANT'S NAME Virginia Beach DigiPorts, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY /0li disclose rss must be epdated two ,we‘ Page 1 of 7 ir,i s -anc City Council meeting that pertains to toe ❑ NOTIFIED OF HEARING �� ET ;AS OF 97/?j//aft' i e Marchelle L. Coleman Ei RE J Virginia Beach DigiPorts, LLC Agenda Item D1 Page 12 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Virginia Beach DigiPorts, LLC If an LLC, list all member's names: Lewis E. Shadle, Member/Managing Director If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Taylor Farm Land Company, LLC If an LLC, list the member's names:Linda T. Chappell - Manager Page 2 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Linda T. Chappell - Manager (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 14 Disclosure Statement lk/B APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® ❑ Accounting and/or preparer of Scheulen Patchett& Edwards, PC your tax return • ❑ Architect/ Landscape Architect/ AT-PD,Alpha Tech Land Planner Contract Purchaser(if other than El ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ '�' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ❑ Engineers/Surveyors/ Agents Kimley-Hom and American Engineerin Financing (include current Macquarie Capital,USA mortgage holders and lenders /1 ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services K&L Gates, Baker&McKenzie Grady A.Palmer,Esq.,Williams Mullen Real Estate Brokers / CBRE Group Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 15 Disclosure Statement 1111 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Pgitally flpned byte.ESN.SR Lewis E.Shadle SR n ,==- " =",„ Lewis E. Shadle 11/20/18 0.-204.11.153111-0507 APPLICANT'S SI TURE PRINT NAME DATE Vet 1 . Page 5 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 16 Disclosure Statement Vf3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® 0 Accounting and/or preparer of DesRoches&Company,CPAs your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Virginia Beach DigiPorts,LLC® ❑ the Applicant)-identify purchaser Venture Realty Group and purchaser's service providers Any other pending or proposed 0 „ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ® 0 Engineers/Surveyors/Agents Kimley Horn Associates,MSA Engineers Financing(include current Union First Market Bank ® ❑ mortgage holders and lenders Barbara T.Creech selected or being considered to provide financing for acquisition or construction of the property) [El ❑ Thomas E Snyder,Inman&Strickler, Legal Services Grady A.Palmer,Esq.,Williams Mullen Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 17 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Linda T. Chappell 11/29/18 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Virginia Beach DigiPorts, LLC Agenda Item D1 Page 18 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 757-385-8610. • 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 uses 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. Virginia Beach DigiPorts, LLC Agenda Item D1 Page 19 y ! /Y 'f -y Off, Ir. El i \ 'AA .04: , ,'.-1 i / , _ \\\ k's---c ,.., /0 , a . . Ai,i -. c !' - i N... . , v \ •-,.... . 1 w II .\\..\‘''''\ el'7i ft. I4* NIN ss' tit., init—\\-"Nel ''''' i Cl W CL a. • 41 CD „4,701„,-11,6 co 0 �} 44.iz , 111,, i \ tiCD I I "11 ,::v1 ey •tL. N.!\Q ' 4t .— r4;"'".. .\\,- l' . . 41144 ,4%%:•416, .11, ,.. .r. IN r lb. v. IN N ..\*r . .. -,,./.. ... d •• I�' 4 I En , i , i* - . Item#DI Virginia Beach DigiPorts, LLC Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial) 2097 Harpers Road District—Beach August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Sandloop: Yes ma'am. The next agenda item is Dl. Virginia Beach DigiPorts, LLC. It's an application for a Conditional Rezoning AG-1 and AG-2 Agricultural districts to Conditional I-1 Light Industrial on property located at 2097 Harpers Road in the Beach District. Will the applicant or the applicant's representative please step forward? Mr. Royal: Good afternoon Madam Chair,Vice Chair,Members of Planning Commission. My name is Randy Royal with Kimley-Horn and Associates, Virginia Beach. I am the agent representing Virginia Beach DigiPorts on this application, rezoning AG-1 and AG-2 to Conditional I-1 Light Industrial for a data center. The property, I think you heard a little bit in the pre-briefing this morning, severely encumbered with a Navy restrictive easement. There's only certain uses that can go in there. This is one of them that is allowed. It is a good use. I'll speak to that a little more here in a minute and then we have a letter from the Navy approving this use. It's actually located in a special economic growth area, South Oceana, high noise zone, 75 decibels or higher in there, but it is compatible with AICUZ. The parcel itself, site plan there, there you go. The parcel itself the proposed two-story building, that's about 10 acres. I'm going to get into storm drainage in a minute,but we've got like 1 a six-acre pond, which is about three times what we would normally have on a site and then we've got the road itself, all of which is being re-zoned. That's the 19 acres that we're talking about. It's really 10 acres of development,but we've got 19 acres total, as we were directed by staff to do. So,we have met with the community way back when we've suffered some delays due to some land negotiations and other issues that we met with them February 7th, Corporate Landing Elementary School there were 50 people or so there. We answered all the questions at that time. However, I met with three other citizens this past Friday, and they said they would like to have another community meeting, which I agreed to do,but I'm hopeful that we can get a recommendation out of you today because delaying will cause us to get October for Planning Commission and November City Council. My client is here. He'll speak to it but he's already lost a couple of deals due to timing and we need to keep moving these things forward, the data centers have to have clients in there, and they move very quickly and require us to move quickly. Storm drainage, you heard from DSC this morning. There is to be no impact downstream nor upstream. I think one of you asked in the drainage questions, are we impacting the rest of the site, which by the way is 335 acres, Taylor Farm total is 800, but we're dealing with Linda Chapel who owns 335 acres,but we have to look at that as part of the storm drainage as we're considering this property. The review itself, I wanted to clarify that Public Works has put forth new standards, very restrictive standards, looking specifically at areas like Southern Virginia Beach, looking at things that they have not been adopted yet; however, with re-zonings, we have to use as much higher standards,they probably will be adopted,but there's a lot of vetting. There's 2 a lot of discussion before that happens. This project in any rezoning that you hear staff will make us use those much, much higher standards, so and again answering a question that Pond typical would have been in the 12 to 15% range. I've been doing this for 40 years. That's about what it would be. It's in a 45% range with these new requirements. We're looking at sea level rise. We're looking at windblown touch. We're looking at groundwater flow. All of that is coming into play on this. Mr. Barnes again, and I don't mean to address specifically, but I sympathize with you. I'm working with Public Works. We are looking —. Well, we're looking at these flooding problems and respectfully, Ashville Park had a lot of problems with the design and I'm sorry that you're downstream from that, but that's a particular problem, but we're looking at all the flooding problems. Mr. Barnes: Downstream with this too. Mr. Royal: Well, but this is not going to have the impacts. It's not going to have the mistake in design that Ashville Park had. Mr. Barnes: Is it going to have any impact? Mr. Royal: No sir, that's the high standard. Mr. Barnes: Would you let to bet on it? Mr. Royal: From an engineering standpoint, yes sir. Sir, I can tell you the professional engineering aspect of it. We have taken the model from the City. The PC SWM model, and been held to very, very high standards to show zero impact. That's all we can depend on now. And I'm sorry to engage and I didn't mean to do that, I 3 apologize. The other aspect of storm drainage and you're probably going to hear from some of the citizens here you've seen some pictures. Ms. Bookholt addresses one of them in the May of 2018 flooding of Damn Neck Road. That was an intense storm, but over and above the intensity, the pipes were clogged. Once they unclog the pipes, as you heard Ms. Bookholt say they haven't had any more requests for service out there. I'm not saying there might have been some water backup, but nothing like the pictures you saw. Other pictures that I've seen from the citizens, quite frankly are from September of 2016, which is Tropical Storm Julia, probably a 100 year storm, if not more, probably 200 year storm. Couple of weeks after that was Hurricane Matthew on October 8th. That was like a 500 year storm. We don't design for that, you're going to have flooding during those scenarios. This is a 10 acre site with a six acre pond and a three acre roadway that we're going to be required to have zero impact downstream. They put us through the ringer on that. Traffic, I've heard an issue with traffic. Dam Neck Road, is I'm not sure what the level of service, but it's pretty high because capacity is 35,000. There's currently about 20,000 ADT on it. Harper's Road has capacity but it is too narrow. Traffic Engineering is here and he'll tell you, they do not want us accessing Harpers Road because its too narrow and they don't want to put the traffic on there. We do show an access on the Site plan,but it's gated. It's locked. It's an emergency access,only for the firemen to get in there, so we come out there. I understand Dam Neck Road is 55 miles an hour and there may be some borrow pit trucks that come out, that's not what we have. We have 20-25 employees, there's going to be nominal impact on traffic out there. Noise, you may hear about that. Typically, data centers are 4 quiet. This is not a Bitcoin. We've talked about that before, not the Bitcoin that is very loud. It is a data center very, very quiet other than the backup generators that are tested once a month, once every couple of weeks. Those backup generators typically have shielding on them in addition to a wall around them. So, the noise that you get out of them with the shielding and with the wall at the edge of the property is about 55 decibels, 65 decibels is me talking to you from about three feet away. 55 is nominal noise. There are three big neighborhoods. I've looked at the map are Prince George Estates, it's over 2000 feet away beyond the 55 decibels, Lake Placid over 4000 feet away,Red Mill,or excuse me, Red Wing over 7000 feet away. Noise should not be an issue. We've got a great opportunity in Virginia Beach Subsea cables are coming in here. We need to capitalize on; capitalizing on it is putting the data centers for the Subsea cables to come into. You might say, well, you're only creating 20 jobs there is still economic impact and the spinoff is so many businesses wanted to be near the data centers. The milliseconds difference being closer can be a huge financial gain to these businesses. So, the businesses are going to come. We've already had some of these leap frog to Northern Virginia, to Richmond. We need to be prepared to get these and again my client has somebody now and we don't want to lose that client or they'll go elsewhere again. So, again, I'm prepared to address anything and everything that's thrown out there. I think I address the big issues for you. Staff has recommended a positive recommendation. I hope you'll see fit to do the same. We're absolutely committed to meeting with the neighbors again, but we're hopeful that you can move us 5 forward and we will meet with the neighbors before we go to City Council. So, I'll stand by for questions unless you have some now. Ms. Rucinski: Any question. Mr. Redmond: Mr. Royal, you and I both. I see you all the time at the Development Authority meetings and that was my first exposure to this operation. Would you describe how this is not just this facility,but this function and cables are viewed by our economic developers and the folks who are charged with trying to grow our income and jobs and all the rest of it? Mr. Royal: I'll do my best and Ray White from Economic Development is here. He's going to speak to you about it also,but as I said, we've got these transatlantic cables coming in from all kinds of countries. And it's, it's putting the data out right now, literally the cloud. I don't know what that is. I'm not sure if you all do either,but the cloud where everything goes is up in Northern Virginia. For whatever reason, I mean, knock on wood, it's great. They've decided to put Subsea cables into Virginia Beach, they go up in New York, they go down in Florida, and they were looking for another midpoint. So, we've got a great opportunity to connect those up, but we've got to have the data centers to send the information out. The fiber that we're talking about running around the area is going to connect up with that, everything's going to work better. Businesses are going to want to locate here and we're right at the hub with the Subsea cable. So, that's the big opportunity. Mr. Redmond: Thank you. Ms. Rucinski: Any other questions? 6 Mr. Inman: Yes. Randy if you could hit the high spots of the beyond the fact that the BMP is much larger than it would have been several years ago. What other features are there to the stormwater management that's different or better than what would have been done before these new regulations can? Mr. Royal: Honestly, it's a lot more intense review. As I said, it's called PC SWM. That's a model that you use where you look at everything all the way downstream, previously, and like I said, I've been doing it a long time. You just can't well, actually back in the old days, you just dump it all out on the road, and you didn't do anything. Previously, you held back to pre-development levels, you didn't look so much all the way downstream. If you held back to your pre-development level as your peak flows, you're okay. Now we have to look at the storm comes in, the water surges up, the water surges down. We have to look at the timing of that to make sure that the timing of ours doesn't exacerbate the problem. So, we look all the way downstream not just in our area there. All the way to the outfall to make sure that we don't have an issue and again, DSC puts us through a rigorous review. Ms. Rucinski: Anything else, yes Jack. Mr. Wall: Well, have you looked it into that scene like an overall development plan for the area, for that Venture Realty kind of put together? Have you coordinated with anybody on your site? I mean, is it in terms of a larger bigger picture? Mr. Royal: We have looked at what storm water flows are coming through there now we haven't considered anything is developed, it's going to have to stand on its own. It's going to have to work on its own, it may go past our site and what's coming past 7 our site now will continue to come past our site, but if and when the rest of that develops, it will have to stand on its own and all this had to be worked out again. Mr. Wall: Okay. Ms. Rucinski: Anything else? All right, thank you. Mr. Royal: Thank you. Ms. Rucinski: Can you call the first speaker? Ms. Sandloop: Yes maam, we have 11 speakers, Eddie Bourdon and then Louis Shadle. Mr. Bourdon: Madam Chair, Commission members, I'm up here before you today and support this application. I'm the managing member of Paul Brown Family LLC, the owner of 140 acres of farmland that has been split up over the years by roads. We are on the north and south side of Dam Neck Road, the east and west side of London Bridge Road and the east and west side of Harper's Road. The Taylor Farm property is just to the northeast of our property and like Steve Barnes, this property most of his property have been in my family since the 1800s and has been farmed. We've never had any flooding issues other than the extremely large, I think it's probably as big a ditch as we have in the City of Virginia Beach that runs from Oceana across and through Linda's property and our property runs down the east side of Harper's Road that drains a substantial portion of any Oceana and I will get to that in a minute. We support the economic opportunity that this presents and that the initiative that the City Council took to bring the cables here represent the revenues to the City, the opportunity economically, jobs, jobs, jobs, is very 8 important to the City to address the needs that the City has, and one of which is stormwater. What Steve Barnes talked about this morning with regard to the Southern part of the City, I could not be more sympathetic towards and an agreement with him on and I can tell you the Green Ribbon committee has talked about this extensively. Both Ms. Henley and Eyle Hanley not related or upon this and I hope we can get somewhere with it. What Randy Royal just said it's never been more true, we've never ever had the level of information from all the studies that had been done about storm water, nor the stringent regulations on how we deal with storm water, like we have today and I would hesitate, I wouldn't hesitate to guess that we have the most stringent stormwater analysis and coverage of new development of any of the myriad of jurisdictions in northeastern North Carolina, Chesapeake, Suffolk, etc, that all drain in the same watershed. That the sound and that's where the issue arises of, as, again, Steve couldn't have been more eloquent and what he had to say this morning and he's correct, but we aren't in a vacuum. You know, there are whole lot of other places that put water into that sound and as Randy has indicated, what we have to do today exceeds anything that's ever been done in the past and it exceeds what's being done in these other jurisdictions. We have to continue to have commerce. We have to continue to expand our tax base to pay for the things that we will need to do. Last thing I'm going to say about NAS Oceana, all their stormwater, they're not subject to any of these rules and regulations. They don't have BMPs. That big ditch I'm talking about that is the only time we've ever had any flooding issues is stormwater it drains Oceana. Okay. Now, I'm not here to, I love Oceana, we're not here to throw them under the bus, 9 but when you all heard this morning in the briefing about the Comp Plan about some cooperation,and Oceana doesn't want ponds out there because they don't want the birds but they get rid of their water immediately. They don't have any underground storage. They don't have any of that. They don't have to play by the rules that we have to play by, the federal government. That's why there's a ton of water coming off Oceana, not all that goes south, but a lot of it does and it comes right through here. Right through these properties in a humongous ditch and it goes into the North Landing River, eventually, West Neck creek that's where it all goes. Oceana wasn't high and dry land when it was created and when it expanded over the years, a lot of it was filled. A lot of it was low. Okay, so, understand it's not a simple, simple fix. Again, I totally sympathize with Steve and what he's saying. It needs to be addressed, but we can't, you know, can't do it alone and we can't shut off Economic Development. We have to be smarter about it and I think staff and all the money that Council spent on these studies has put us in a position to be smarter about it. Thank you. Ms. Rucinski: Thank you, any questions? Okay, next speaker. Ms. Sandloop: Lewis Shadle and then Raymond White. Ms. Rucinski: State your name for the record please. Mr. Shadle: My Name is Lewis Shadle. I'm the Managing Director of Virginia Beach DigiPorts. So, I'm effectively the master developer of this project. I'd like to elaborate a little bit on a couple of points that Randy had made about Subsea cables and then I'd also like to talk a little bit about the economic impact of data centers to this region. One 10 of the reasons why I'm here. The subsea cables that come into Virginia Beach came in for a single purpose and it was because the operators at undersea cable operators wanted to get away from the congestion points to choke points in New York and New Jersey, and also in southern Florida. All of those cables are in a position where they can be dragged by a single trawler and so coming into the Mid-Atlantic region was a diversity play, a resiliency play for those operators. We have lost a couple of opportunities in Virginia Beach because we don't have enough data center infrastructure here. The three Subsea cables, two that are currently operating now and another one that's coming in from France the cable from Google are coming into Virginia Beach and they're not stopping here. They're going straight to Northern Virginia or they're going down to Boynton, Virginia. As I had described with somebody one time, if you think about the Subsea cables is being like a water pipe that comes across the Atlantic Ocean. They come through Virginia Beach and there's no spigot in Virginia Beach. There's no spigot in Virginia Beach, none of that data that comes in here terminates in Virginia Beach, and it goes to Ashburn, Virginia or down to the Microsoft Data Center down in Boynton, Virginia. What I'm trying to create here is a destination for the data to create a data center park that is a place where data is originated,housed, stored, processed and disseminated that is what the promise of data centers in Virginia Beach is and the economic impact of that is it creates a 365 day economy. So, it helps to eliminate the limitations of a seasonal economy that Virginia Beach currently has. Now as far as a direct impact data centers, according to a couple of studies by Google, for every single employee in a data center, there are five employees that are indirect as part of the ecosystem 11 that are supporting the services that are being delivered in the data center. These are definitive reports so we can look up and call upon. A Northern Virginia Technology Council study that I actually was a co-sponsor of a few years back indicated that for every dollar of investment in a data center, there's a 9.5 dollar return on the investment. Data Centers are one of the highest investment returns on investment types of commercial business that you can possibly have, in comparison with let's say, for instance, a light industry,which would deliver$1 and 57 cents back instead of$9 and 50 cents. And if it was a residential community, the community loses money. The data centers are very, very low on impact to the community. Ms. Rucinski: Sir, your time is just up, so please. Mr. Shadle: Yes ma'am. So, I'll just pause right there and ask if there's any questions otherwise I'll sit down. Ms. Rucinski: Any questions? All right. Thank you. Mr. Shadle : Good. Thank you. Ms. Sandloop: Raymond White, and then Dave Pyzewski. Ms. Rucinski: Thank you, can you state your name for the record? Mr. White: Good afternoon. I'm Raymond White. I'm Business Development Coordinator for the Department of Economic Development here in Virginia Beach. We've been working with Mr. Shadle and his group for several years on this project, when we first learned that transatlantic cable was coming in into Virginia Beach, his 12 organization was one of the first that had met with us. Since then we've been working obviously to get the second cable here and the third one he mentions also on the way. One of our initiatives through Economic Development in targeting industries is the data center, transatlantic cable industry. As you probably are aware, there are several facilities that have already been built nearby this location. One of them just broke ground the other day. We fill the jobs that will bring in or technical jobs, IT related jobs, technicians and engineers in the spin off effect that Mr. Shadle also said was certainly going to help our community. We feel along with the data centers, if we get enough inertia within those that there could very well be a second wave of opportunity that could bring companies that need the very super speed cables to be located very nearby. So, rather than go up to Northern Virginia, or go out of our area, we think that could be a second wave of companies that could come right behind the data centers. So with that,Economic Development does support this project. It is part of the initiative that we have had underway for several years and that City Council is very aware of, and we look forward to this project moving forward. Thank you. Ms. Rucinski: Any questions to Mr. White? All right. Thank you. Mr. White: Thank you. Ms. Rucinski: Our next speaker. Ms. Sandloop: Dave Pyzewski and then Don Nelson. Mr. Pyzewski: Madam Chair, members of the Planning Commission, Hello. 13 Ms. Rucinski: You need to state your name for the record please. Mr. Pyzewski: Dave Pyzewski. The best way to describe this. This is a very interesting project that is extremely massive, extremely limited in detail and what do I mean? If you look at that, it looks like a small project but this is just the beginning of an 800 acre project. This is not the end, this is the beginning. Now I have lived at 1308 Eagle Wood Drive, I was the first person that ever lived on the 1300 block of Eagle Wood, I live at the last house. The person will be speaking after me moved in two hours later. So, we're living there 35 years, I don't know a whole lot about models and impact studies and all these other things that people are talking about. But, I can tell you I don't know about these once in a lifetime storms that only flood once in a lifetime. I live there. I see the flooding. I see what you've done at Oceana. You build a Dunkin Donuts. You are building the process of a strip mall there and you built storage units. Oceana floods when there's one inch away. You are talking about not wanting to put it on Harper's Road, there's a reason they don't want it on Harper's Road. It floods and Dam Neck floods all the time, so to hear this once in a lifetime storm that people are talking about. I've lived there, I've seen it. I live with it, and I deal with it. And what nobody's telling you is about the huge pit that's back there. There's a massive pit back there that has to be filled in, with what type of soil, what type of guarantee. It's nice that all these studies and models are here, but what happens when these people live and this is built and I'm not walking in my knees up the water to go to 711. Nobody's addressing that, we have a massive flooding problem there, massive, and it's getting worse every time it rains. I'd also like to say that we're also hearing about the impact and all the money it's going to 14 bring to Virginia Beach. Nobody wants to said what's it going to cost us? Nobody wants to said how much is Virginia Beach giving for this? People talk about meeting with the neighbors. There's never been a meeting setup. Now there is after the fact you heard Mr. Royal said, oh we are going to have another one. So please approve this first. Well, that's like, you know, why would you approve something before you know the facts? And they're asking for something that that is extremely limited in detail for what they're asking you to do and as far as I do want to clarify what I think, like I said, I live there. They're talking about, I believe somebody said Lake Placid was 7000 feet away and Red Wing was and Lake Placid. 4000. No, no, it's not even close. I don't know where these figures are coming from or who's doing this geography, but we're nowhere near twice as far away as Lake Placid. Ms. Rucinski: Sir your time is up. Mr. Pyzewski:Yeah, okay. I just ask that you defer it versus approve it. Thank you. Ms. Rucinski: Anybody have any questions? I have one question for you sir. Can you pull up a map so that we can, I'd like to know where you live in relationship towards this project is? Mr. Pyzewski:Well with the ways that that is done. It's very hard to say but I will try to point it to you as best I can. Ms. Rucinski: Okay, there is a pointer right there on the podium. Mr. Pyzewski:I'm not very technologically savvy. Ms. Rucinski: You need to pick it up. 15 Mr. Pyzewski:Oh this. Oh, I thought you just push the button. Sorry. Where am I pointing? Am I anywhere on the map? I can't see where I am. I'm colorblind. So I can't, it's probably see where the thing shaping out is, where it bows to the right, little upper right corner. So, it's in that area in there where the wooded area is, see they're going to be, we're doing this, we're taking out a massive amount of trees everywhere and that's what's causing the flooding. You're taking them out of Oceana. You're taking them out over here and everywhere and there's also going to be another one built on the other side of corporate landing. So, this is just the beginning. Ms. Rucinski: You are up of a Harper's Road? Mr. Pyzewski:No, where the mark is to the far right, the far right mark, if you come down, there's a little subdivision in there and I live in there in that trade area, more than likely from what I can see it's a very poor map for detail. Ms. Rucinski: Thank you. Mr. Pyzewski:Thank you. Ms. Sandloop:Don Nelson and then Christine French. Ms. Rucinski: Can you state your name for the record? Mr. Nelson: My name is Don Nelson. And, I live at 1304 Eagle Wood Drive which is pretty much close to my neighbor, Dave. What I'm concerned with is and I think some of the board member are dealing with the well thought out plan that there's unintended consequences to, you know, here they're going to build something with no impact at all and, you know, I don't believe that at all. I truly believe that this was going to 16 be the first of many other buildings because if this works, they're going to want to keep building more. And, what the previous gentleman said is the Atlantic cables like a pipeline, and I go, Well, I believe that and it's going to be dumping water right in my front yard. I mean, the water has never had flooding like we're having it now. And, you know, you get an engineering study that says, Well, you know, either that shouldn't happen, or it'll never happen again for the next 500 years. So, what if they're concerned about milliseconds and microseconds,there's an industrial park right across the street over in Dam Neck that's even closer to the undersea cable than where they're building it right now. So, I don't think they're really concerned about the speed or anything like that. I don't know why they want to build there, but the more trees you take out, and to say that there's not going to be any flooding because of it, there's going to be a big hurricane and the pumps are going to go out and it's going to be all well, this is 10 times worse than what we ever expected. And, you know,it's going to make it that much worse for the people who live there and that's my primary concern. Another thing is like the unintended consequences that the church builds a school and the next thing, you know, all the kids from the high school are parking over there. Did any engineer come up with that was going to happen? No and with that, you know, as far as parking around there and what will happen as the stages and where the construction workers are going to have to park you know, I just don't see it looking good for our neighborhood at all. Thank you very much. Ms. Rucinski: Any questions for Mr. Nelson? Thank you, sir. Ms. Sandloop: Christine French and then Mary Beth Ruger. 17 Ms. Rucinski: Can you state your name for the record? Ms. French: Christine French, like the language. Good afternoon Commissioners. All of you should have received an email in the packet and here's the handout I also made, I am a resident of Red Wing Subdivision, which currently sits east of the proposed rezoning and opposed to this rezoning has several concerns. The most important being flooding. The parcel of land where the proposed development will be is consistently saturated with water effort rains, the ditch on Harper's Road will hold water for two to five days after a normal rain. The proposed rezoning as part of the Southern watershed which drains into the West Neck Creek and is already at its capacity until the City fixes storm water issues that we already have in that area. I don't feel that this is something that needs to be rushed into. The developer has informed us that the BMP on this property is going to drain into the ditches of Harpers Road. And, we do not need to add something that where there's already a problem. The flooding on Dam Neck Road between Corporate Landing already exists, I feel this development is just going to add to the problem. The storm drains on Dam Neck are either covered or closed when I took pictures which you guys had in the email. I took those pictures in April in May of 2019. And there's debris, there's lawn clippings. There's everything else that completely covered the drains. Our subdivision is one of the highest elevations in Virginia Beach, yet last year when we had a heavy rain my yard flooded, the neighbor's yard flooded. Our drainage ditches around the subdivision were also flooded. So, if we keep allowing the development to continue what's going to happen to people like us, are we going to be the next Ashville Park or Windsor Woods? I understand that this rezoning is 18 only for 19.38 acres but the overall concept of what they want to build here is going to encompass over 600 acres, and it will literally be at my back door. So, there again is concerned about flooding and what it's going to do to our property values. Right now one of the selling points is our homes that were in a quiet little neighborhood. How much is that is going to change? My next concern I have is our subdivision only has one way in and one way out. The development around our subdivision have totally encroached us into our own subdivision. This parcel of land is the last vacant property that has not been developed. Once it's developed, we will be completely surrounded by various developments and we're already concerned that if there's a medical emergency in our subdivision, we're one mile back off General Booth. How do we get emergency vehicles in and out? There has been very little community engagement on this. The only notices that went out about this through social media so if people were not on social media they didn't even know that there was anything. Mr. Royal did say he would set something up. I'm asking you guys to either deny or defer. Ms. Rucinski: Can you show me there where you live? Ms. French: Two doors down from them. Here's the school. So, we are right here where your map ends, right there. Same thing, see Larkview Drive over here, that's us, that's our subdivision. Ms. Rucinski: Okay, thank you. Mr. Ripley: I'm just curious what other use would you see appropriate here? I mean, and it's in an AICUZ zone, so it's restricted. So what are the use would you see here? 19 Ms. French: I am not sure. Mr. Ripley: Okay, thank you. Ms. Rucinski: Thank you, Ms. Sandloop :MaryBeth Ruger and then Rona Marsh. Ms. Ruger: Good afternoon. I'm MaryBeth Ruger. I'm not here to take up a lot of your time, but I oppose this basically because it's an underdeveloped section of Virginia Beach. Our area hasn't had a chance to reach its potential for flooding. It's already flooding now and Pungo is an all that area by me. Sandbridge Road area is flooding to the point where no one can fix it, so how could they fix London Bridge Road flooding if they have a flooded I mean fixed it now. What's more important buildings and taking trees down and wildlife dying and coming into our neighborhoods. I just don't feel like we should junk up a beautiful area with industry and industrial plants and put it in another area like a City or something not in a nice beautiful community as Virginia Beach. They're starting to build Wawa now. So, when Wawa is built then they add more buildings to the beach. What's it going to do with that there and I had no idea there was a piping. I never even heard about this piping to recently going under the water that's going to affect wildlife. I mean sea life also. So, I'm just against all this that I see it's like FernGully or the War X to me and also the schools. We have several schools that are going from 6:30 in the morning to 4:15 in the afternoon. This constant motion with these buses, and I work with the school so I get concerned about it. But, the flooding and the traffic 20 and the accidents are increasing and I just don't think this is good for this section of the beach at all. So that's all I have to say. Thank you. Ms. Rucinski: Thank you. Any questions for Ms. Ruger? All right, thank you. Ms. Ruger: All right, thanks. Ms. Sandloop: Rona Marsh, and then Melani Moreno. Ms. Marsh: Before you start my time, Does Dave Redmond have to be here or does he get to leave when all the people are opposed to it or speaking? I'm really kind of thinking about that he left in the middle of Ms. French and then this other lady. I mean, are we not all going to be heard by all the Commissioners? Is he not going to vote, if he's not going to vote then it doesn't matter? But, I don't think I've ever been to a public meeting other than Mayor Sessoms who was refusing himself because of the TowneBank left in the middle, you know, if he's taking a bathroom break, I understand that,but I really think he should hear me because I think he's very much in contact with Mr. Coker, who I think has been a one man whirlwind for himself for whatever reason about this development and I really think Mr. Redmond needs to hear me. So I'd rather wait a moment until he comes back. Ms. Rucinski: Just switch the order of the speaker. Ms. Sandloop: Okay. Melani Moreno. Ms. Moreno: My name is Melani Moreno. I'm in opposition of this build, specifically related to the verbiage that was chosen by the staff evaluation. I'm really concerned that this build is in the southern watershed. And it will absolutely affect downstream and 21 the reason we know that is because we cannot predict the future. This build is reviewed by the staff as having potential to successfully comply with stormwater regulations, but our citizens of the City have donated our tax dollars in confidence of our City Council to have studies done that will ensure that our City is resilient against storm water, against sea level rise and those values have not been put out in such a way that the City Council can now have ordinances that reflect that data. There's no room for error here. I'm really asking of the Planning Commission to make a precedent decision. We understand the value of this data center. I use the internet, my children love their iPads, but there's no reason to rush through something. If we've spent all this money to get the science,let's get the storm water values back appropriately. Let's institute those values into the ordinances that are required to run our City in a resilient manner for the future. I asked that of you today. This data center is going to have 170,000 square feet of non porous surface. The square footage of the maintenance yard is 31,500. I see nothing written here of an attempt to make a non porous surface in that maintenance yard. I see no verbiage here that reflects absolute confidence or I want to see verbiage as a citizen that says that this build exceeds expectations. I want to see verbiage here that says there will be no harm downstream or upstream with the most current data and engineering solutions. Thank you. Ms. Rucinski: Any questions for Ms. Moreno? All right, thank you for your time. Ms. Moreno: Thank you. Ms. Sandloop: The next speaker, Rona Marsh, and then Mark Johnson. 22 Ms. Marsh: Good afternoon, Commissioners. I am Mrs. Rona Marsh, you have emails from me, and I gave you a handout today. I am here to speak about the Department of Defense,joint land use study. I think before we rush into this, we need to seriously understand that the Navy, the Department of Defense, is our biggest employer. I don't think anyone here would like it if we put that at risk. Those are thousands of jobs and I mean, thousands of jobs. My husband currently is on a naval vessel. And, I don't think it would be good for any of us if we live in this economy and depend on that, to put that at risk for what, 25 jobs at a data center. I'm not convinced this is the best location for the data center. I have no problem with data centers, but what about London Bridge? What about some area that doesn't go through where the joint land you study has identified as an area that floods. On August 13, I went to this meeting; I sat there for two hours. There were many very important people there if you didn't get to the meeting, oh, well,there's information about it online and there's also a news story covering it. And I sent you all a link while we were in this meeting. The biggest problem I have is when they started talking about this data center. It was going to be 107,000 square feet. I don't know what happened between February and now,but we have gone up 63,000 square feet in impervious surface. Whoa, whoa, whoa, whoa, to me that's over 55%. We are now at 170,000 square feet, okay? Anybody do math, you figure it out. We need to have community engagement. There were a few people in February that were asked about 107,000 square feet. They were not asked about 170,000 square feet and you talk about your letter from the commander that letter came from him approving it on 11 February of 19 and it says be aware that our determination is 23 based on the representation of the use and location of the property. So, you've changed the location on the property and you've changed the representation. You went from 107,000 square feet to 170,000 square feet. My biggest concern is your comprehensive plan. Thank you Bobby Tajan for putting this out, today couldn't have been a better day to get this. This is the document we should be correlating with, not only should we look at Dewberry, but we should get the community involvement on this. Because you have in here that you want people to be focused on stormwater flooding and sea level rise, and it will launch and include extensive public input regarding 10,000 citizen contacts,we need that. We need to defer this. We need to get people informed that this is going on. It shouldn't be back door and push through. Let's take a breath. Let's figure out what's going on here. And let's remember its 170,000 square feet and that was not what was represented to the Navy. Thank you. Ms. Rucinski: Any questions for this speaker? Thank you. Ms. Sandloop: Mark Johnson and our last speaker is Jared Brandwein. Mr. Tajan: Madam Chair while he comes up just for the point Mrs. Marsh brought up. We did contact Mr. Moomaw with Oceana and we received verbal confirmation that the change in size does not affect his letter. So, we did double check that, we do understand that was a change in the plan, but we did make contact and we did review that with the Navy. Ms. Rucinski: All right, thank you. Can you state your name for the record please? 24 Mr. Brandwein: Yeah, I'm Jared Brandwein. I'm the executive director of the Back Bay Restoration Foundation. We represent approximately 20,000 members, most of whom live in the southern watersheds. And we fully support Commissioner Barnes' position and additional impervious surfaces in our southern watersheds. Over 33 years, we've been commenting on land use changes like those before you today. We oppose the transition area, Sherwood Lakes, Ashville Park, and many other projects the city approved without regard to modern land management practices. Frankly, we're tired of saying we told you so. In that vein,that's why we have a legal action pending right now against the Army Corps of Engineers for the City's hard engineering fix for Ashville Park. We were fully supportive of private property rights. However, those rights end where communal noses meet especially when there's no investment backs the expectation that relies on up zoning. In this case, you have to up zone in order to get this facility in there. It really doesn't make any difference as an investor because they put money into the planning of this that they are rewarded with up zoning. That's a risk that you take in a capitalist system. Increasing impervious surface in the southern watersheds and mostly Hedrick soils without modern hydrogeomorphology models is a delusional and basically as Steve said its death by 1000 cuts for the southern watersheds. We feel the City needs to place a moratorium on up zoning until we can fully evaluate stormwater impacts in context with sea level rise, subsidence, and modern techniques. No,just a side note below we respect Mr. Brandwein's opinions. You guys should realize that he was the lawyer for Sherwood Lakes. I think also Ashville Park, and many other the poorly planned developments within the southern watersheds. That's about it. 25 Ms. Rucinski: Any questions for the speaker? Thank you very much. Mr. Brandwein: No questions. Thank you. Ms. Sandloop: That's all the speakers. Ms. Rucinski: Okay, Mr. Royal would you like an opportunity to set a rebuttal? Mr. Royal: No question, we need to fix flooding. City of Virginia Beach has committed a lot of money. They diverted a lot of money to study flooding. It's already underway. A lot of work has been done. There's still a lot of work to do. There's a lot of fixes that need to happen. A moratorium on zoning, some people do not want to hear this, but I mean, you have to have development, you got to control it. It's got to be quality development, you got to control it. But, the answer is if you're going to have development, then there is zero impact. The only way we need to do that our extensive studies, I feel like nobody trust an engineer, but that's exactly what we do. That's all we can do. We can't, you know, the citizens don't understand the hydraulics, the systems that we look at, we look at and we have very, very strict standards right now. That's what we're doing. Putting a little more impervious, which actually we're not that became a two-story building that's the upsizing there and obviously, whatever impervious, we're putting on the site is accommodated with our calculations. Please bring staff up again, ask staff, what they have put us through and whether or not they are confident that we can do this with no impact. So, I would appeal to you there that, yes, this is just one project we're talking about. There's going to be others here. There's going to be others across the City and watersheds of concern, but we're looking at that very closely. J. Lewis by the way 26 was handed to me during the talk. They don't have a problem with the drainage there. I've actually got maps where they have colored the areas of concern, but we don't want the Navy to go away, nobody does. The Navy has approved this development. They like this development within their easement. So, that's all I got to say. I will stand by if you have any more questions. Thank you for your time. Ms. Rucinski: I actually have two. One of the speakers made a comment about this site would be draining into the ditch on Harpers? Mr. Royal: Yes maam. Ms. Rucinski: So is that accurate, that the BMP will drain into that ditch? Mr. Royal: Correct? I mean, that's the way the outfall goes now. But understand, of course, that it is held back and it is timed as to when it goes out. It's not just Hey, let's dump all the water in Harpers and make it worse. That's what we have to figure. Let the peak of the storm go through so that there's no more impact downstream. But that's the direction of flow. Yes, ma'am. Ms. Rucinski: And the other question I had is what caused the increase from the 107 to the 170? Mr. Royal: Just the user that the intended user wanting more space and again, with going up two stories. It still fit on the side and there's no real increase in impervious but that's still and it could be less than that. That's the maximum that would go on there. I mean, the current user may say I only need 110 and that's all we'll build. Ms. Rucinski: Any other question? 27 Mr. Wall: Yeah. We focused a lot on storm water, and I hate to switch gears on that because it's important,but the traffic aspect of this, I know that this data center is only going to have 30 to 40 new personnel working there, I think total. So it's not a lot, but you know, we're providing in access off of Dam Neck. And it looks like it's anticipated, you know,just from new discussion that this is, you know, ultimately this whole area is about 760 acres and this is just one little cul-de-sac, you know, often knew this entire development. And so, you know, it's kind of important because this is, you know, the first, you know, one of the first businesses in this area to go in. So, you know, it's going to be setting, you know, precedents and you know, we're providing this access software Dam Neck. You know, I don't know if you can answer this, but you know, the anticipated businesses that now have are going to have access to that proposed 110-foot right-of-way. You know, it's going to increase the traffic that a lot for this but for future businesses in it, it might have an impact. Why not on the Harpers and I know that Harpers can't support it,but at least in your larger volume of traffic but you was looked at to widen Harpers to provide improvements near from the data center down to Dam Neck. You need to possibly widen at turn lines, maybe that would provide a better access, you know, left turn lane, you know, you'd have a left turn on to Dam Neck as it puts just right, I think that's only right out. Is that right? Or is it? Oh, it's gonna be right in? Mr. Royal: I can answer that. It's very good question though, can you go to the aerial please? Traffic engineer left. Anyway, very good question, there are existing median brakes on Dam Neck Road. Dam Neck Road itself is limited access. So, these median brakes are set up. We've just drawn a cul-de-sac because we have to have 28 a turnaround. We can't leave a stub that's intended to be the first leg of the internal traffic that would be in here at the appropriate point there might need to be a signal in there but Traffic Engineering will look at every one of the applications that comes in. And I wish Rick Lowman was here. He actually spoke to me before the meeting and said, you're not doing any access on Harpers road are you,because it's too narrow, it's too dangerous. It's 10-foot lanes with a two-foot shoulder and even if we could do something on our side, you would still have an issue on the rest of it which you don't want to encourage that traffic there. We do have an access for emergency, additional emergency vehicles, but its plan from traffic engineering from the road design of Dam Neck Road to put all that traffic out there, so yesterday and very good question. I mean, but it's not just a cul-de-sec for this development. Mr. Wall: Okay, all right, I've got it. I have got another one. The building is according to the Comprehensive Plan. It's hoped, planned that an attractive building design be showcased along key articles and would say that this would qualify the tilt wall construction is that's, you know,what is that composed of? Is it just concrete block walls that are just tilted up. Have you got my rendering in there by chance? Mr. Royal: It's tilt up panel. The intention is to have fenestration to make it look better. I mean tilt up panel can be very attractive, the Home Depot at Lynnhaven and Princess Anne actually won a Planning Commission Award that's tilt up panel that has a thin brick facade on it. So, you can do things with it. It's easier to construct,it's quicker to construct, it stronger, which they want these things pretty much hurricane proof because you don't want the data centers to go down, but it looks, planning staff looks at that to make sure that we're not putting up a ugly just concrete building. 29 Mr. Wall: Okay, what's the landscaping plan? That it kind of makes reference to certain types of plantings, like a Ha-Ha, the parameters say will be landscaping feature called? Mr. Royal: Ha-Ha is a ditch which kind of shows there back in I think it was medieval times that was kind of their barrier wall as opposed to putting up like a jersey barrier which like you might see in an FBI building, they put in a ditch,which it's a natural looking thing. And we're still doing landscaping as you can see from the drawing their front edges, interior parking lot, etc. The ha-ha is just an additional security measure, but it's a natural thing to where you kind of see a ditch that goes up to where somebody can't just drive through if they want to go on the facility. I asked the same question when they said Ha-ha, I wanted to know what that was, yeah, that's what a Ha-ha is. Ms. Rucinski: Any other questions? All right, thank you, we will go ahead and close this public hearing and open it up to discussion amongst the Commissioners. Any questions? Any comments? Yes. Go ahead. Mr. Redmond: Well, you can go first. Mr. Inman: Thank you David. Mr. Redmond: My pleasure. Mr. Inman: Preface this by saying. I have a high degree of concern about stormwater management and the southern watershed and, its protection. I also have a consciousness about people who have land that they should have a right to develop. If it can be responsibly developed,and especially property that subject to the severe 30 restrictions that are on this property and that limits the uses that could be made of this property. We have to take that into account. We're here to make a land use decision. What's interesting is that, this is a large tract of land that this is carved out of. This is only as I think I'm correct, say 19 acres is that and the intensity with which this has been approached in terms of planning and engineering, being concerned about stormwater management,meeting current regulations,anticipating future regulation is impressive. I have to take it, we have as a decision making body have to take the advice that we're getting from professional staff and,the input we're getting from the applicant and from people who are in opposition. But we have to accept that we can't create in our minds about what is good or bad engineering or it's likely to work or whatever. So fortunately, with our concern about the future, this is a good test. This is probably one of the most conservative approaches to do stormwater management possible because I think they know what new regulations are and they knew there was going to be a lot of scrutiny considering where it's located. So, we will know when this is built that whether or not it's adequate. It's probably certainly more adequate than anything's been built before in this area and if there's a problem with it, then we can deal with it. We would know not to do that in the next iteration, but I'm not saying there's anything wrong with it. I'm just saying this is a project that is helpful to the city of Virginia Beach in terms of economic development. It's something I think that the landowner is entitled to do as much care has been taken to plan it properly and I'm gonna have to support this application. Ms. Rucinski: Dave. 31 Mr. Redmond: Before I speak my piece, I know that Elvis has re-entered the building. Come on up. He's so good at what he does when he leaves the room everything starts coming apart. Ric Lowman. Mr. Royal was making reference to Harpers road and the potential for and someone had asked, can you make some access on Harpers road rather than Dam Neck Road, and he had recounted a conversation that he had with you and since you got dragged back from your desk, I was just hoping you could speak to the conditions on Harper Road and the implications of traffic with regard to this project. Mr. Lowman: Okay. Well, Dam Neck Road again is an access controlled roadway. We talked about this before. The fact that there is a median opening there and that it was set up for some sort of access would say that, you know,there's a plan to level of access that's meant to be off Dam Neck Road. The way that it was set up would indicate that it was meant to be a public street, you know, at that intersection because again, no private access, so we don't want sporadic access all up and down Dam Neck Road,but a well,you know,a well regulated in a well maintained system of meeting openings to keep as much of the capacity as we can on Dam Neck Road by limiting the access points in excess meeting opening. So the fact that one's there, it was set up for that they're setting this up for the future by providing this public street that comes off of there, and it probably won't be the last as that, you know, as that northern portion of, of that property is developed. If it's developed, it will, you know, feed off of the new road that we're building, or they're building with this. As far as Harpers Road, Harpers Road is a very narrow road. We do have runoff the road crashes there, it's not meant for a lot of traffic. And you know, one of the 32 things that we talked about with this is that we didn't want to see access of a Harpers Road, you know around that that been since Dam Neck Road was there. I won't say for sure that a signal will be put at Dam Neck in the future at this point, but if enough development,you know,grows up around it around that roadway,we could potentially the southern side develops you know,you could potentially see a traffic signal there but Harpers Road is probably not the best place for access for this site because of that, now if they improved Harpers Road all the way up to the access point that could be an option and we did bring that up. Mr. Redmond: All right, I appreciate your coming back. Sorry to drag away from your desk. Mr. Lowman: Anymore questions. Mr. Redmond: I just wanted to address, I'm hoping I'll try and finish up with Mr. Royal and he can made reference to. Thank you. Sorry, about your finger. Now to my point, one thing I think, I really am disappointed in is, no one here today it has spoken, I don't believe enthusiastically enough about this use. There isn't a community on the East Coast that wouldn't love to have what we have with these Subsea cables landing at our shore. For years,we have set our three economic pillars are tourism,agriculture and the military. But we've always wanted to diversify and now we have this opportunity to diversify into a much higher income, as the gentleman's excellent point about the return on investment that data centers have 9.5 as opposed to losing money on residential or a buck and a half off of some other type of industrial use. This is an unbelievable opportunity for Virginia Beach. This is the beginning of undersea cables coming to Virginia Beach.The building got bigger not the footprint 33 of the building on the ground, but the building got bigger by adding a second floor because of demand. What community wouldn't want that? For this kind of use, so it's a marvelous opportunity for Virginia Beach. And we ought to recognize that it's not just a warehouse somewhere with a bunch of pallets with, I don't know, mattress bedding on them and something like that. It's an enormous economic development opportunity to Virginia Beach. It is a small site, its 10 acres, not 800 acres. It's not 300 acres. This is an application for a 10-acre site,six acres of which are the pond, three is the building, and one is the road. So those are the facts, not what else we might say. Those are the facts and it has been over engineers as far as I can tell on the storm water because that's a mighty big pond for this site. So I don't know what else we do other than listen to what our City experts are saying. The engineer says with regard to storm water on this site for this application, not when the moon is in the seventh house, not about some other, you know, housing development a decade or a decade and a half ago, when this application, the facts are clear that it's straight. I just don't see any, you know, any real credible reason to oppose it. In fact, I'm enormously excited about it. I hope we have more of these. I hope we have more of the undersea cables. I hope we find more ways to capitalize on this opportunity. And if we don't, we're crazy. So as I said, there isn't a community up and down the East Coast that wouldn't like to be in Virginia Beach issues. I'm sure glad we're in them. And I hope you all will support it. I certainly will and look forward to the next one. Thanks. Mr. Ripley: I agree with Dave wholeheartedly. I think that what's being proposed is a very compatible use, it's exactly what we want to see in this area of the City. And, I 34 think that the opportunity to capitalize, you know, to see all this data flowing through our City and not be able to capitalize on it,it's very frustrating quite frankly, I hear we have a business that possibly will and hopefully possibly will grow. I think it's just tremendous. I don't know what else you would put here that what other kind of clean industry do we want and this is it. I fully recognize the issues with drainage, but you know, when Randy Royal mentioned that, this represents 45% of the site versus the 12 to 15% and it tells you something right there. It's three times the size of your typical storm water systems and that's the emphasis is there and I'm with Dave, you have to pay attention to what our expert staff is doing and I'm like, as I mentioned in informal on a couple of applications or a couple of site plans, we have been in the City very, very the scrutinization is amazing right. And so I don't think they're missing anything. So I am supporting this. Ms. Rucinski: Thank you, Don. Mr. Horsley: I'd like for the engineer to come up and give us the short version of what they did this morning. So we have it for the record about the storm water at this site, storm water specialist. Ms. Rucinski: They're fighting over who's gonna come talk to. Mr. Redmond: Not for the last time. Mr. Horsley: I think it's important that we have their statement on the record. Ms. Rucinski: Good observation. 35 Mr. Edwards: My name is Seth Edwards. I am the DSC engineering supervisor with the Planning Department. Do you have any specific questions you want me to address? Mr. Horsley: I want to know how this stormwater plan for this site has addressed with the new issues or the new regulation. The size of it and all if they what kind of impact it's going to have, is he going to have a zero impact or whatever? Mr. Edwards: So, the final design will be hammered out during site plan review. At that point, it will be incorporated into the City SWMM model which is the entire base and 10 which goes all the way through West Neck Creek down to Indian River Road, I believe. So, it analyzes impact from this site upstream to the end of Harpers Road where the Basin ends all the way down to West Neck Creek at Indian River Road. What we will be looking for during site plan review is to make sure that in the two year storm, 10 years storm and 100 year storm events there is 0.00 increase in the peak water surface level, at any of the nodes that we have, anywhere in that model, so 0.00 feet of change. Mr. Horsley: There's pretty much zero isn't it. Mr. Edwards: To the one eighth of an inch. Mr. Horsley: So, you say that the size of this retention pond here is more than enough to accommodate the runoff from this 170,000 square foot building. Mr. Edwards: Based on our models, everything shows that there will be no impact upstream downstream and this can handle the development. 36 Mr. Horsley: And, that's going to hold that water until the flooding water received and then it'll be released. Mr. Edwards: Yes,it accounts for the existing tail waters, any high waters that you'd have in West Neck Creek, and the contributing waters from the rest of the watershed, all the neighboring developments, neighborhoods, roadways all that. Mr. Horsley: So, I'm gonna give you this scenario if we didn't do anything,how much better with this retention be holding more on that 10 acres, than if we didn't do anything to it? Mr. Edwards: We're looking at equivalent. What's there now is modeled in the existing system. We show all the farm ditches. We show any planning that would happen on top of those fields. We show how much runoff happens because of the types of soils that are there now. And we model the pond in the post development, and it's going to come out to have the same impact. Mr. Horsley: Thank you very much. Ms. Rucinski: Anymore questions? Yes Jack. Mr. Wall: Yeah, this area is part of that Special Economic Growth Area - 3, identified in the Comprehensive Plan and which identifies, you know, serious having development opportunities. So I think that, you know, what's been described with the news within the recommended policies that are in the Comprehensive Plan. It's the high quality employment center. It appears to be a relatively attractive building. Mr. Royal and the Traffic Engineer addressed the traffic issues and it appears that the storm water has been addressed. So, you know, in my view this meets, you know 37 the intent of the Comprehensive Plan. So, I'm in support of it. It doesn't seem to be, wasn't well described how this consolidates into a bigger, bigger plan which was part of the recommended policies and or the especially economic growth area, but that's it. Ms. Rucinski: Any other comments? The only comment that I have is would it be possible before that, I mean it sounds like this is going to be going to council to have the Navy update their letter before it goes to Council. So, if there are questions on that, that would be addressed ahead of time. Mr. Tajan: Yes, ma'am. Ms. Rucinski: Would anybody like to make a motion? Dave? Mr. Redmond: Madam Chairwoman, I move approval of the application. Ms. Rucinski: Do we have a second? Mr. Ripley: I'll second it. Mr. Barnes: I have a disclosure to make. I need to disclose that one of my law partners has been mentioned as counsel. He's counsel to the land owner has not had any real involvement in this particular matter and has no financial involvement, nor does anyone else in our firm in this property, so I'll be voting, I will not abstain. Ms. Sandloop: The vote is open. By the recorded vote of 8-1, agenda item D1 has been approved pending an updated letter from the Navy. 38 AYE 8 NAY 1 ABS 0 ABSENT 0 ALCARAZ BARNES NAY GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially in accordance with the exhibit entitled "CONCEPTUAL SITE PLAN FOR DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 and prepared by Kimley-Horn and Associates. PROFFER 2: The exterior of the data center building shall substantially adhere in appearance and materials to the exhibit entitled "RENDERING OF NXTVN DATA CENTER AT TAYLOR FARM" dated July 10, 2019 and prepared by Kimley-Horn and Associates. PROFFER 3: The 110' right-of-way proposed on the "CONCEPTUAL SITE PLAN FOR A DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 prepared by Kimley-Horn and Associates will be dedicated to the City of Virginia Beach once the construction plans are approved by City staff and a performance bond is properly posted for the improvements. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 39 Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. 40 r1N„'.,E.„, ,, , ,,f,„._,,. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE y1�4 5 OF OUR•N PT`OH In Reply Refer To Our File No. DF-10160 DATE: September 20, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Digiports, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 1, 2019. I have reviewed the subject proffer agreement,dated July 16, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Prepared by: Grady A. Palmer, Esquire (VSB#45730) Williams Mullen 999 Waterside Dr., Ste. 1700 Norfolk, VA 23510 Title Company: BridgeTrust Title Group GPIN: 24056651600000 VIRGINIA BEACH DIGIPORTS, LLC, a Virginia limited liability company, TAYLOR FARMS LAND COMPANY, LLC, a Virginia limited liability company To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ► day of 2019, by and between VIRGINIA BEACH DIGIPORTS, LLC, a Virginia limited liability company, Grantor; TAYLOR FARMS LAND COMPANY, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of one (1) parcel of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 19.38 acres, designated as Lot 1 on the exhibit which is entitled "REZONING EXHIBIT FOR PROPOSED LOT 1 ON A PORTION OF PARCEL"A"AT TAYLOR FARM"dated July 10, 2019, prepared by Kimley- Horn and Associates and attached hereto and incorporated herein by this reference is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG1 and AG2 Agricultural Districts to Conditional 11 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at 1 the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the 11 Light Industrial District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be substantially in accordance with the exhibit entitled "CONCEPTUAL SITE PLAN FOR DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 and prepared by Kimley-Horn and Associates. 2. The exterior of the data center building shall substantially adhere in appearance and materials to the exhibit entitled "RENDERING OF NXTVN DATA CENTER AT TAYLOR FARM" dated July 10, 2019 and prepared by Kimley-Horn and Associates. 3. The 110' right-of-way proposed on the "CONCEPTUAL SITE PLAN FOR A DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 prepared by Kimley-Horn and Associates will be dedicated to the City of Virginia Beach once the construction plans are approved by City staff and a performance bond is properly posted for the improvements. 2 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG1, AG2 and I1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Virginia Beach DigiPorts, LLC, a Virginia limited liability company By: 1 Yam" k' (SEAL) Lewi- hadle Its Manager Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this 1."&day of Auak , 2019, by Lewis E. Shadle, Manager of Virginia Beach DigiPorts, LLC, a Virginia limited liability company, Grantor. Ci Notary Public My Commission Expires: 0 1131 12a2� 01I PNIY FRg• ti/` (1) • NOTARY L Notary Registration Number: 9 ( PUBLIC • n: REG.#7826519 .•Q :0;MY COMMISSION;Z _?.. EXPIRES •- "..4' 01/31/2023 .\QC' •�, • J • �/'�,FALTHo(3‘0 5 WITNESS the following signature and seal: Grantor: Taylor Farms Land Company, LLC, a Virginia limited liability company C� 1 . (SEAL) Linda T. happell Manager Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this ieday of 30, 2019, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia limited liability company, Grantor. _ Ili q31 - Notary Public My Commission Expires: Z/24,/zoz3 Notary Registration Number: '4-131144Z K+mberq Ruth Perkins M01Mkf Casimisenellk Won* WIN Il'IfrNC tlswaMMNa Met . �. MyConvrimeonixpres 6 EXHIBIT "A" ALL THAT certain piece or parcel of land situated in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel A, as shown on the plat entitled RESUBDIVISION OF THE "TAYLOR FARM" (Instrument No. 20081009001183700), Virginia Beach, Virginia, dated July 24, 2009, prepared by MSA, P.C., Environmental Sciences-Geosciences-Planning Surveying-Engineering-Landscape Architecture, which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20091023001239560. IT BEING the same property conveyed to Taylor Farms Land Company, LLC, a Virginia limited liability company by Deed of Distribution from The Taylor Group, LLLP, a Virginia limited liability limited partnership, dated October 29, 2009 and recorded November 16, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20091116001319430. WHICH BEING A PORTION OF TAYLOR FARM PARCEL A IS DESIGNATED AS HAVING APPROXIMATELY "19.38 AC. +/-" IN SIZE AND IDENTIFIED AS "LOT 1"AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED REZONING EXHIBIT FOR PROPOSED LOT 1 ON A PORTION OF PARCEL "A" at TAYLOR FARM, DATED JULY 10, 2019, WHICH WAS PREPARED BY KIMLEY-HORN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE NORTHEASTERLY INTERSECTION OF DAM NECK ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTHEASTERLY RIGHT OF WAY LINE OF HARPERS ROAD (VARIABLE WIDTH RIGHT OF WAY) THENCE FOLLOWING THE NORTHERN RIGHT OF WAY LINE OF DAM NECK ROAD IN A NORTHEASTERLY DIRECTION A DISTANCE OF APPROXIMATELY 1,670 FEET TO A POINT BEING THE; TRUE POINT OF BEGINNING; THENCE; N 50° 18' 20"W, a distance of 21.20 feet along the right of way of Dam Neck Road to a point; THENCE; S 84° 41' 40" W, a distance of 90.00 feet along the right of way of Dam Neck Road to a point; THENCE; S 39° 41' 40"W, a distance of 7.07 feet along the right of way of Dam Neck Road to a point THENCE; leaving the right of way of Dam Neck Road along a bearing of N 05° 16' 59"W, a distance of 146.13 feet to a point at the beginning of a tangent curve to the left having a central angle of 29° 05' 31", a radius of 945.00 feet, a chord bearing and distance of N 19° 49' 44" W, 474.69 feet; THENCE in a Northerly direction, with said curve to the left, an arc distance of 479.82 feet to a point; THENCE N 34° 22' 29" W, a distance of 366.76 feet to a point for corner; THENCE S 15° 28' 41"W, a distance of 76.28 feet to a point; THENCE S 84° 41' 40" W, a distance of 692.28 feet to a point; THENCE N 58° 01' 28"W, a distance of 461.11 feet to a point; THENCE N 32° 02' 01" E, a distance of 322.84 feet to a point at the beginning of a tangent curve to the right having a central angle of 01° 09' 47", a radius of 9838.07 feet, a chord bearing and distance of N 32° 36' 45" E, 199.69 feet; THENCE in a Northerly direction, with said curve to the right, an arc distance of 199.69 feet to a point; THENCE N 33° 11' 34" E, a distance of 391.59 feet to a point; THENCE S 57° 58' 00" E, a distance of 726.94 feet to a point; THENCE S 32° 02' 00" W, a distance of 300.00 feet to a point; THENCE S 57° 58' 00" E, a distance of 70.55 feet to a point at the beginning of a nontangent curve to the right having a central angle of 143° 24' 58", a radius of 90.00 feet, a chord bearing and distance of S 63° 52' 39" E, 170.90 feet; THENCE in a Southerly direction, with said curve to the right, an arc distance of 225.28 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 42° 12'20", a radius of 45.00 feet, a chord bearing and distance of S 13° 16' 20" E, 32.40 feet; THENCE in a direction, with said curve to the left, an arc distance of 33.15 feet to a point for corner; THENCE S 34° 22' 29" E, a distance of 403.13 feet to a point at the beginning of a tangent curve to the right having a central angle of 29° 05' 31", a radius of 1055.00 feet, a chord bearing and distance of S 19° 49' 7 44" E, 529.94 feet; THENCE in a Easterly direction with said curve to the right, an arc distance of 535.68 feet, THENCE S 05°16' 59" E, a distance of 156.08 feet to the POINT OF BEGINNING. 8 `'r4 ot,, . DEPARTMENT OF THE NAVY 1 NAVAL AIR STATION OCEANA i 75Ci TOMCAT BOULEVARD (, III; VIRGINIA BEACH VIRGINIA 23460-2191 i iN REP,r REFER 1 O 4535 Ser N41 045 11 Feb 19 Mr. J. Randall Royal Kimley-Horn 4525 Main Street, Suite 1000 Virginia Beach, VA 23462 Dear Mr. Royal: Thank you for your request for an easement compliance review for the proposed use of 2097 Harpers Road, Virginia Beach, Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly, the proposed use of the property, specifically a data center for the storage and dissemination of data, an office component to manage the facility, and the storage of diesel fuel for generators, is permitted under the terms of the Grant of Easement owned by the United States of America Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U.S. Navy will periodically conduct random reviews in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr. Paul Moomaw, who can be reached at (757)433-2678 or via e-mail at paul.moomaw(d).navy.mil. Sincerely, 0.) C. P. VINCELETTE Captain, U.S. Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3 & PRA12) Global Subsea Resurgence Virginia Beach 0 to 4 in ^'18 months VINAY NAG PAL& ROB HUDOME INTERGLOBIX &VIRGINIA BEACH ECONOMIC DEVELOPMENT SEPTEMBER 25, 2018 The Global Resurgence Subsea Cables have been growing at an astounding rate of 40%CAGR (Compound Annual Growth Rate). Last couple of years have seen a major resurgence in the subsea projects globally. These cables are so crucial to the digital economy, that close to$10 Trillion in transactions takes place each day on these cables globally.There are approximately 448 submarine cables in service globally (as of Sep 2018), representing about 1.2 Million kms of trans-oceanic cable Z ; deployed under water around the world. The astronomical growth in demand for capacity on these cables is driven by It the growth in—data generation by all of us as users, the e' appetite for data consumption and 'digital everything' 4.0 phenomena taking place around us. This resurgence in the subsea industry, has led to the '= formation of many successful new subsea companies, that we like to refer to as the 'New Age Subsea Companies' such II to* as—Aqua Comms, Crosslake Fiber, Deep Blue Cable, Indian #! { Ocean Xchange (IOX), Seaborn Networks, South Atlantic Express (SAEx) to name a few. There are multiple subsea projects underway by these companies in various stages of development spanning the globe and connecting various continents together. The content providers and over-the-top (OTT) companies have also been investing significantly in the subsea cable systems. The number of cable systems that content providers and OTTs have invested in are—Amazon (3), Facebook (10), Google (14), Microsoft (4).This represents a major paradigm shift in the industry wherein earlier a large number of [international] consortiums (at times 15-20 companies) were formed to fund and implement a subsea cable system. Compare that to the present time, when you have much smaller consortiums (typically 2-3 companies), and a one single company owning, funding and operating the entire system end-to-end. It costs anywhere from $300-$500M to design and build one subsea cable system. Various complex steps are involved in the lifecycle including—marine survey, desktop study, feasibility analysis, permitting, licensing and various other international legal matters. The lifespan of a subsea cable is—25 years. Several subsea systems across the Atlantic are nearing their EOL, and this coupled with the exploding demand for capacity together have been the macro driving forces behind the resurgence taking place around us in the subsea industry. The Virginia Beach Success Story Virginia Beach has experienced unprecedented success in attracting new subsea fiber cable landings on its shores. In the last —18-20 months or so the City of Virginia Beach has gone from having 0 subsea cables to 4. These 4 subsea cables are in various stages of development as we speak and will provide a direct and fast connection to different countries and continents of the world. This is a significant development for the state of Virginia, which is the #1 data center market in the world and has "70% of the world's Internet traffic passing through the state. • 9 — '?( VIRGINIA BEACH SUBSEA ECOSYSTEM DATA CENTER �iY VIRGINIA BEACH «restad CLSJsabsea ECONOMIC DEVELOPMENT DC MMR Ashburn/ Enterprise NNls Cloud Northern Virginia 'DATA CENTER ALLEY` MSOs CDNs DUNANT "* Atlantic Coast,France �...... MAREA................ . Bilbao,Spain RIC/Henrico VIRGINIA BEACH Boydton/ st o taleza,Brazil Southern Virginia h Puerto We,S Forest City/NC am Junk oC :Ascension co Subsea Faber:DUNANT Fortaleza,Brazil# X Subsea Fiber.Mal w lens Created by:Vinay Nagpal Subsea Fiber MARFA vinay@interglobix.corn Subsea Fiber aRusA Rip de7anN% www.intergiobix.com Terrestrial Fiber These subsea fiber cables that connect Virginia shoreline to various parts of the world, are extremely crucial to the digital economy and our ever-so-digital lives. By virtue of these cables spanning thousands of kilometers across the Atlantic Ocean, the State of Virginia will have direct, low-latency and high-capacity connectivity to various parts of the world including: 1. Bilabao, Spain MAREA cable 8 fiber pairs 6600 kms Operational 2. Rio De Janerio, Brazil BRUSA cable 6 fiber pairs 4000 kms Operational (with BUs in Puerto Rico,San Juan& Fortaleza, Brazil) 3. Cape Town, South Africa SAEx1 6 fiber pairs 11,000 kms Development (with BUs in Fortaleza, Brazil,Ascension,St. Helena) 4. French Atlantic Coast, France DUNANT 4 fiber pairs 5000 kms Development The two operational cables — MAREA and BRUSA, both land at Camp Pendelton, a US military reserve facility in Virginia Beach. The City of Virginia Beach along with the Virginia Beach Development Authority (VBDA) is evaluating a second alternative and diverse landing point for subsea cables at Sandbridge Beach. These cables when fully built and operational, will collectively be interconnecting four continents— North America, South America, Africa and Europe —thereby making Virginia Beach at the Confluence of 4 Continents. Additionally, there are a few other subsea projects that are under various stages of consideration in the subsea industry to land in Virginia Beach. The City of Virginia Beach has been proactively and diligently working with the industry to make it easy, cost-effective and faster to bring new subsea cables to the port city also now known as the "Digital Port". Some key initiatives underway by the City of Virginia Beach include — • Making the permit process easy for cable landings and Beach MH's • Reviewing establishment of cable protection zones • Alternative landing point to Camp Pendleton • Improving city's conduit infrastructure in Corporate Landing • Plan for proactively building conduits from Sandbridge to Corporate Landing Summary The Global Subsea Resurgence will continue for at least the next 3-5 years. Diverse landing points and new business models will continue to take the center stage in this growth. The subsea industry will be working more and more closer with the terrestrial fiber industry and the data center industry thus enabling the natural convergence of subsea fiber, terrestrial fiber and data centers. Authors: r All Vinay Nagpal Rob Hudome President, InterGlobix Senior Project Development Mgr., City of Virginia Beach www.interglobix.com www.yesvirginiabeach.com vinay@interglobix.com rhudome@vbgov.com re7 #'' '= NTERGLOQIX VIRGINIA BEACH -'"`- ^�+, DATA CENTER 8 CONNECTIVITY SOLUTIONS ECONOMIC DEVELOPMENT Virginia Beach City of Virgiiva teach is _ _ :,=� o�99*6‘ OF OUR NATIONS . VBgoV.00m PLANNING AND COMMUNITY DEVELOPMENT 2875 SABRE STREET,SUITE 500 DEVELOPMENT SERVICES CENTER(DSC) VIRGINIA BEACH,VA 23452-7365 PHONE(757)385-4621 FAX(757)385-5789 TTY 711 INTER-OFFICE MEMORANDUM DATE: September 25, 2019 TO: Carolyn A.K. Smith, Planning Administrator FROM: Carrie L. Bookholt, DSC Administrator ate—Th SUBJECT: Synopsis of Preliminary Stormwater Analysis — DigiPorts, LLC In response to requests for information at the September 24, 2019 City Council workshop related to the preliminary stormwater analysis for DigiPorts, LLC (fka NxtVn Data Center) please see the attached exhibit and narrative summarizing the proposed design below. A Preliminary Stormwater Analysis was submitted by Kimley-Horn and reviewed by staff in DSC and Public Works Stormwater Engineering Center. Five submittals and reviews were completed and after continued refinement of the design by the consulting engineer, staff concluded and is confident that the proposal can meet all local and state stormwater requirements. While meeting or exceeding the current design standards for wet ponds, the stormwater analysis for this project accounts for the loss of any on site stormwater attenuation post development, factors in higher rainfall data (NOAA Atlas 14 + 20%) and incorporates and adjusts for 1.5' sea level rise as recommended by Public Works. The engineering consultant utilized the City's sophisticated and most up-to-date stormwater model (SWMM) to perform their analysis and, prior to final site plan approval, the design must demonstrate zero (0.00') increase in peak water surface elevations (commonly referenced as HGLs) during peak storm events to the upstream and downstream boundaries over the entire drainage basin (Basin 10) which is approximately 13,000 acres in size. The attached land cover exhibit depicts the size and location of the proposed stormwater management pond and the blue arrows demonstrate overall drainage patterns. The large 5.21- acre pond is sized to accommodate the runoff generated from the proposed 7.57 acres of impervious area from the data center and associated parking, and new public street. The pond is proposed to be 7' deep during normal water levels (4.6' bottom elevation, 11.6' NWL Page 1 elevation) with 3.2' of freeboard to the top of bank (14.8'). The pond will contain the entire 100-year storm and proposes a peak water surface elevation of 13.76' during these events. The BMP is proposed to outfall into the existing roadside ditch along Harpers Road. This ditch drains to the south to Dam Neck Road, then west under Harpers Road, eventually crossing south under Dam Neck Road to reach West Neck Creek. To evaluate the changes in elevation of the water surface levels pre-development vs. post- development, areas and stormwater conveyance systems in the SWMM model are established and are referred to as nodes. Staff labeled six nodes on the attached exhibit with the corresponding pre-development and post-development HGL elevations for both the 10-year and 100-year storms. It's noted that in the preliminary analysis, four of the six nodes show a nominal increase of 0.04' or just under half an inch increase in HGL during the 10-year storm and a 0.01' or just over a tenth of an inch increase in the 100-year storm. Due to the fact the difference in pre/post HGL elevations decreased from the 10-year to 100- year storm for these four nodes, staff believes this increase is likely due to model fluctuations from analyzing with such large drainage areas and limited topographic data. Further refinements would be better suited for, and required with, site plan review when additional topographic survey information would be available. Based on the provided analysis, and the unobstructed availability of land should the stormwater facility need to expand during final design, staff is confident that the stormwater proposal can, and would be required to, be refined to meet all state and local requirements prior to final site plan approval. Don't hesitate to let me know if there's additional clarification or information needed to address the questions raised at the workshop. Attachment (1) c. Robert Tajan, Director Page 2 ry {{ ui t % N"'. ti u 0 0 Q R O , 400 . o d To Is r A c 1- c a- o a)i, �_' ¢ O cu ' T N D a O o `cz y ov Fo 3 N y infix Ta' O� c "V .O V 0) O CD o 4 ��Vr -,s 7� O O) II II IT �.. - i O O,- S- O 1- O oo LL y zar- aaaa sLO a , c so f i . W ,IL o a --: —..a. 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VT '**I(' '' V. e ,, A LA : 0 ,,,, c_\,________________--- .....----- I CII 1 0 \ \ \ ,_ ___- ,. cu s o �� . v - c:I --- \ V I -� c f 3- -- N d CO S ,, ,t v - r 1 _ , y fer CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHENELL LATHAM [Applicant] DONG JO KIM [Owner] Conditional Use Permit (Assembly Use) for the property located at 4604 Pembroke Lake Circle, Suite 106 (GPIN 1478511874), COUNCIL DISTRICT — BAYSIDE MEETING DATE: October 1, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use within a 1,050 square foot unit of an existing commercial building. Specifically, the applicant proposes to operate an event rental venue to the public for small family gatherings, such as youth birthday parties, bridal showers, engagement events, and baby showers. Those renting the venue will be responsible for bringing food prepared off-site, as there will be no kitchen. The applicant intends to limit the number of guests to no more than 49 people. Most events will take place in the evenings, after typical work hours, and on weekends. There will be no significant modifications to the site or to the exterior of the building. While there is a deficit of 13 parking spaces for the shopping center, a parking study has been provided contending sufficient parking. • Considerations: This Assembly Use will provide an affordable amenity to the community for small gatherings and social events. As previously mentioned, the shopping center does not meet the minimum parking requirement, as 49 spaces are required and only 35 spaces are provided on site. Limited on-street parking is available in the vicinity. The submitted parking study contends that during typical daytime business hours there is sufficient parking for all of the uses on the property, as the venue will operate only during off peak hours. Staff received two letters from adjacent commercial property owners noting concern that the lack of parking on this site could lead to overflow parking onto their properties. To address the parking deficiency, a condition is recommended that limits the hours of operation of the event venue to evenings and weekends. The Planning Commission placed this application on the Consent Agenda, and emphasized the need for the condition to limit the venue's operation. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Shenell Latham Page 2 of 2 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation shall be limited to between 6:00 p.m. to 12:00 a.m., Monday through Fridays, Noon to 12:00 a.m. on Saturdays, and from 2:00 p.m. to 12:00 a.m. on Sundays. • 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`� Q/) City Manager: / L, NBApplicant Shenell Latham Agenda Item Property Owner Dong Jo Kim - Public Hearing August 28, 2019 5 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Assembly Use) Sk, '1/4 � Staff Recommendation �`� I Approval a`4,. \ N Staff Planner ." Marchelle Coleman 4�,,,. %,� ' ,46,v4.0 �u f +1 Location ,00^i"`'e 4604 Pembroke Lake Circle, Suite 106 a pem°'°keT z GPIN ) 1 I s'sI .. 1478511874 a ° v E Site Size g" Memma<la.,e E. 3 37,300 square feet 4 2 R o AICUZ 3l r e�Q Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed retail/ B-2 Community Business * ��t," * I I . Surrounding Land Uses and Zoning Districts - ► North s" a ., a, 4 - Pembroke Boulevard "' `1 4 °� ' ,war Vacant lot/B-2 Community Business " n, r F - « jt` South - Pembroke Lake Circle s" Townhouses/ B-2 Community Business ''' �< ,, ! .1 . East f Bank/B-2 Community Business t West . "4 7 x ' �� Pembroke Lake Circle '`' l�� 0\ • Ei Mixed retail/ B-2 Community Business b , _ ` 1 ce.a rip\.• ,, -.,,,a, ot _ I,. „_.,A , - t 6 ► it; , .5 , 5 ,_ „um_ \1 a d R %1 AV w4 •irt Shenell Latham Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant is proposing to operate an event rental space within a 1,050 square foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. • Specifically, the applicant proposes to rent the venue to the public for small family gatherings, such as youth birthday parties, bridal showers, engagement events, baby showers,gender reveals, and activities such as yoga classes, Pilates, and ballet/dance classes. The latter can be done as a matter of right, as the space is under 7,500 square feet, which is the threshold for an Indoor Recreational Facility. • Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. • The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshall. • According to the applicant, most events will take place either in the evenings, after typical working hours, and on the weekends. • Per the Zoning Ordinance,the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 48 spaces; however, there are only 35 spaces on the property. Based on this,the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. • There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment, as shown on page 6 of this report. Shenell Latham Agenda Item 5 Page 2 A 1 F C a m 3 i r r` op Zoning History 2 # Request 1 CUP(Tattoo Parlor)Approved 05/07/2019 f LE" 2 CUP(Indoor Recreation Facility)Approved 04/13/1999 Pam. lakeCrNe A.18 AB-2 82 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This assembly use will provide an affordable amenity to the community for the use of small gatherings and social events. As previously mentioned, the shopping center does not meet the parking requirement and is short by 13 spaces. The submitted parking study contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. However, Staff concludes that there are not enough parking spaces, as the applicant desires to hold events during peak operating hours of the uses within the building. To accommodate parking on site, Staff recommends that events be limited to off peak hours and weekends, as noted in condition 5 below. Based on this, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation will be 6:00 p.m.to 12:00 a.m., Monday through Fridays, Noon to 12:00 a.m. on Saturdays, and from 2:00 p.m. to 12:00 a.m. on Sundays. Shenell Latham Agenda Item 5 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The 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 frame work 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 and Cultural Resources Impacts The site is in the Chesapeake Bay watershed.There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed as a shopping center. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 43,800 ADT 1 55,500 ADT 1(LOS 2"D") No Data Available Pembroke Lake Circle No Data Available 9,900 ADT 1(LOS 2"D") 1 as defined by assembly use 2 LOS=Level of Service Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Shenell Latham Agenda Item 5 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 11,2019 and Sunday,August 18, 2019. • 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 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,September 15, 2019 and Sunday,September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 27, 2019. Shenell Latham Agenda Item 5 Page 5 Site Layout ,„ Nyiir go w . --__ A-- lird Cli i ill if , „,14 4\ i l m N -----__---- i `gym �—,_� _ as p1L'Aa�lT08 a3La p ii No cat —�� - • / 0 _ _ p Atritikolt640 _ , CD ' ca \ \ (1' al c) 1 , \ i , E3 —5 -r-- .. I -� \\77 % A _ co (0\ ti d +� U t� goo \ J 4) 0 e 0 CZ 141 J cC 1 O- a) Y t — \ \\\\\\ _A .' ,-......„.„_ , . ..aj CL —� co r .. \\,, '\'..t „... I________---. I - I s J d ~ t, v 1 !� c til v> > nr a m ., \ \ opo1__ Shenell Latham Agenda Item 5 Page 6 Proposed Sign Rendering hue Shenell Latham Agenda Item 5 Page 7 Site Photos — -7--� -,� J \\\. I - r . • ,,. to .i.,_.: • .:: ...._ _ 44,4,. _ s` -_ go Shenell Latham Agenda Item 5 Page 8 Disclosure Statement AA3 Virginia Beach APPLICANT'S NAME Shenell Latham DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY U' pdatcc r Page 1 of 7 Planning Cc- that p: 0 APPLICANT NOTIFIED C> t ACING DaTE NO CHANCES AS OF �'f��al/9��Marchelle L. Coleman it REVISIONS SUBMITTED DATE Shenell Latham Agenda Item 5 Page 9 Disclosure Statement 'NB Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Shenell Latham If an LLC, list all member's names: Shenell Latham If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Dong Jo Kim, Jin Suk Kim If an LLC, list the member's names:Dong Jo Kim, Jin Suk Kim Page 2 of 7 Shenell Latham Agenda Item 5 Page 10 Disclosure Statement Mi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Shenell Latham Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virg nia Beach YES NO I SERVICE ' PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of Reliable Small Business Services, I 1 your tax return LLC l =' Architect/ Landscape Architect/ Land Planner 111 Contract Purchaser(if other than /1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • ® Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property m s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Shenell Latham Agenda Item 5 Page 12 Disclosure Statement rp,inia Bah CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. kY/4 1I,h t/<k(I tSt thajn 413°0 APPLICANTS SIGNATUR PRINT NAME DATE OVIIU 1010141 4/30n a Page 5 of 7 Shenell Latham Agenda Item 5 Page 13 Disclosure Statement 1/33 OWNER Virginia Beach YES] NO J SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of AJ White Associate your tax return El1 , Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than IXthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ '�' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • 0 Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ 2 mortgage holders and lenders W. selected or being considered to provide financing for acquisition or construction of the property) -▪ / Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Shenell Latham Agenda Item 5 Page 14 Disclosure Statement w Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connectiony with this Application. DO�� Jo /` /PI e %% z )n SIGNATURE MOW b05 Page 7 of 7 Shenell Latham Agenda Item 5 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Shenell Latham Agenda Item 5 Page 16 Item#5 Shenell Latham Conditional Use Permit (Assembly Use) 4604 Pembroke Lake Circle, Suite 106 District—Bayside August 28, 2019 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Next item is item number five, Shenell Latham for a conditional use permit for assembly use at 4604 Pembroke Lake Circle, Bayside District. Welcome. Please state your name for the record. Ms. Latham: Shenell Latham. Mr. Weiner: All the conditions are accepted? Ms. Latham: Yes. Mr. Weiner: Okay, thank you very much. Okay. Is there any opposition to this being placed on the consent agenda? Hearing none, we will ask Commissioner Redmond to read this into the record please. Mr. Redmond:Thank you Mr. Weiner, Madam Chairwoman. This is an application for a Conditional Use Permit for an assembly use. The site is located in the Bayside District near the intersection of Pembroke Boulevard and Independence Boulevard in the northwest part of the City. Applicants are proposing to operate an event rental space for approximately 1000 square feet in an existing building and what's classified as a shopping center and for this she intends to rent a space out for engagement events, bridal showers, gender reveals, small gatherings all food 1 preparation would not occur here but on an off-site location. The use in itself is fairly ordinary. She proposes or at least has intended to limit the number of guests to no more than 49 people but the site is a little bit small for the parking requirement that that would entail. As a result, the City has recommended and applicant has accepted limitation on the hours to peak times to non-peak times, on the weekends and on the evenings. The Commission believes that seems to make some sense. The subject of Conditional Use Permit, if there are any problems with parking or any other kinds of intrusions that could be revisited at a later date, unless we saw some wisdom in that. So, we recommend that it be approved by Consent. Thank you. Mr. Weiner: Thank you Mr. Redmond. Ms. Smith: Pardon me Mr. Weiner, could we also clarify that condition number one in the staff report has been eliminated? Mr. Weiner: I apologize. Thank you for catching me on that. There was an error condition, number one, about the approval of the Health Department. It is not necessary and so this is done with striking condition number one because it simply is not applicable through the off-site food preparation, thank you Carolyn. Mr. Weiner: Thank you Mr. Redmond. Madam chair that was all the items on the Consent agenda, I move for approval items one, three, five, eight, and 10. Ms. Rucinski: Do we have a second? The vote is open. 2 Ms. Sandloop: Mr. Ripley, could we get your vote please? By the recorded vote of 9-0, agenda items one, three, five, eight and 10 have been approved by consent. Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the Consent agenda. Those items will now be scheduled on the City Council agenda for hearing. You're welcome to stay or you can leave if you like. Okay, the next order of business will address the remaining items on the agenda. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation will be 6:00 p.m. to 12:00 a.m., Monday through Fridays, Noon to 12:00 a.m. on Saturdays, and from 2:00 p.m. to 12:00 a.m. on Sundays. 3 'N' :' -' ,-'Y$* iii\ '. 0 - z*-z, a Y Li r,i '- r _ o ,t W p eoN 43a upii 8 'k _..._.------t.:471 --, N - _ N ,16 - e, , __, , 1 ,,, .. ,.47 ,, ,f ____ ,,, 4.. La, 1� i L r �� fry _ C- r -" .ter 1,- � ,6N\I - z ‘. \ ----- . _ � SV\ Li 1 // SkNN 1‘ 1 .1 4—. -7 ,_ Si Nk, `4,- , ik ,,.,,,o...,....- ., ..... i 0 .r_. . „ td) 0 ).' NrcEN\ [ kb\-\\‘‘'*/&-S\'‘ .\\. , , 111 Ira ss,\k;\.•4 s s.\ ti a) I. .t,_,,,,_. .\,_ :„,,, ,i ,,_ _,, Ns, , i , , , , , \\N, -1 i ,, , , ,_ ,, \ 1 N'''' • IIII41111kIsit ' .i• '', likk 7:-/-) ,,, ,,„,,,.., ,,,,, c 1 \N\ ' - Ns,,Iii,,,i„ , ..\\ a Q -0, .0 0 C o Q, C o ff Cr/ c -� �rr 'M (') J N a. co 000 , llL«z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL CARLSON [Applicant] WILLIAM D. FRIERSON, III [Owner] CONDITIONAL USE PERMIT (Automotive Repair Garage) for property located at 1181 Jensen Drive (GPIN 2417434300) COUNCIL DISTRICT — BEACH MEETING DATE: October 1, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage within an existing 1,500 square-foot unit of a larger commercial building in an industrial park along Birdneck Road. The applicant proposes to offer maintenance services such as tune ups, oil changes, air conditioning and brake work. The applicant does not intend to do any body work or painting of vehicles. All work and the storage of materials will occur within the building. No changes are proposed to the exterior of the building and no signage is proposed at this time. • Considerations: The properties in the industrial park have a history of automotive repair since at least the 1990s. The property is in the Accident Potential Zone 1, the greater than 75 dB noise zone and is impacted by a Navy Restrictive Easement. This request will be consistent with the other automotive uses along Jensen Drive, and is deemed a compatible use in the greater than 75 noise zone and the Accident Potential Zone 1, per the AICUZ overlay. The applicant provided Staff with an easement compliance letter from the Navy stating that the proposed use is acceptable under the terms of the easement. No changes are proposed to the building, and the parking provided on-site can accommodate both the existing businesses and the proposed use. A letter of support was provided from the Seatack Civic League, and there was one speaker in opposition at the Planning Commission public hearing. The speaker's specific concerns were related to potential violations of the Zoning Ordinance throughout the industrial park. The Zoning enforcement Staff is working with the condominium association and the individual unit owners to address any violations. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Michael Carlson Page 2 of 2 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no parking or storage of motor vehicles in the grassy area on the western side of the building. 7. There shall be no outside storage of equipment, parts, tires or materials. 8. No motor vehicle repair work shall take place outside of the building. 9. No motor vehicles shall be parked within any portion of the public right-of-way. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Seatack Civic League Email of Support Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: TA L Applicant Michael Carlson Agenda Item Property Owner William D. Frierson, III NBPublic Hearing August 28, 2019 2 City Council Election District Beach Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) 2 Mdlw m sle <' a Staff Recommendation I Approval so""1ef n Boulevard dSouthern Boulevard APZ I Staff Planner Jackson Street Pate Marchelle Coleman ,rats e >75 tl8 DNL .111111116 Yoh Location �' 1181 Jensen Drive GPIN cz APZ2 2417434300 �a�rt�Ste" Site Size I —Deer Creek Meer r 23,174 square feet e li AICUZ lQ g Greater than 75 dB DNL; APZ 1 Watershed Chesapeake Bay e -., 1,,, Existing Land Use and Zoning District r z , ' , Industrial park/ I-1 Light Industrial Jackson Sire ` , '.. Surrounding Land Uses and Zoning Districts -. . '.` _ .-,` t North - s. � is ; : . 4 r 4o.. yrr ..;,-,` :& `` ...pt'jy :. te a.".. ' Wooded undeveloped land, Owl Creek '; •' �" -ii <`•� Recreation Center/I 1 Light Industrial & R-10 . '•• + r� ' Residential s e' ^^ iv.....a._ '" --.1311111 II South ,� ter z Self-storage, industrial park/ I-1 Light Industrial — 'e �r� East lip Birdneck Road „ *" +la:ye `" `- . - Single-family dwellings/ R-7.5 Residential gt,eei•; West t , , � _ Wooded undeveloped land/ I-1 Light Industrial - :` 't . , ;, ,� iii ,.� Michael Carlson Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automotive Repair Garage. The business will occupy a 1,500 square foot unit within a larger three-unit, 6,050 square foot building on Jensen Drive in the Seatack Area of Virginia Beach. According to the applicant, the building is currently occupied by a gym and a surfboard manufacturing shop. • The auto garage will provide maintenance services such as oil changes, air conditioning and suspension repair, brake work, typical tune ups,tire installation, engine changes and rebuilds, radio and lighting installation, and transmission repair. • The applicant does not intend to do any body work or painting of vehicles within the unit. All work and the storage of materials will occur within the building. • There will be no changes to the exterior of the building and no signage is proposed at this time. • There are 20 parking spaces on the site. The parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance for all of the uses on the site. The existing surfboard manufacturing shop requires just one space (one space per employee on a maximum working shift),the indoor gym requires 10 spaces (one space per 200 square feet of floor area) and the proposed automotive repair garage requires two spaces (one space per 900 square feet of floor area). 13 spaces are required for all uses in the building,the parking requirement is exceeded by seven parking spaces. • According to the applicant, service is provided by appointment only. Based on this,the need for a vast number of parking spaces is unnecessary. While there is only one Bay in this unit,the applicant states that there will only be up to three cars on the site at any given time. • During the applicant's transitional move to this location, several vehicles were stored on the grassy area on the western side of the building. The applicant and the property owner were unaware that this was not permitted without the Conditional Use Permit, and the cars have been removed. Staff has recommended a condition to eliminate the storage of vehicles on this portion of the site. Vehicles will be parked in the spaces designated for 1181 Jensen Drive. • The typical hours of operation will be 10:00 a.m.to 7:00 p.m., Monday through Friday and 12:00 p.m. —5:00 p.m. on Saturdays. While there is currently one employee, it is anticipated that up to two employees will work on the site. Michael Carlson Agenda Item 2 Page 2 Zoning History # Request 1 R:1b 11 jR 1O 1 3 1 8-2 R;' 1 CUP(Wildlife Rehabilitation Center&Animal Shelter) Jaattel.awa Approved 03/07/2017 7 s CUP(Bulk Storage)Approved 04/22/2003 CUP(Bulk Storage&Automobile Repair)Approved 8� 02/25/2003 AK, CUP(Automobile Repair Garage& Bulk Storage) /�/ • ' �+ Approved 09/28/1993 r ,�� 2 MOD Approved 01/11/2011 f/f �� 3 CRZ(R 10& B 1 to Conditional 1-2)Approved O1/26/2010 - R-1D R 5 CRZ(R-10 to Conditional B-1)Approved 06/26/2001 4 CUP(Bulk Storage)Approved 03/27/2007 4 6 CRZ(I-1& R-10 to Conditional I-1)Approved 10/24/2006 CUP(Automobile Repair Garage)Approved 04/12/2005 5 SVR Approved 02/13/2007 RT1:0 R-7 5 6 CUP(Religious Use)Approved 04/22/2003 7 REZ(R-10 to I-1)Approved 02/10/1998 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT-Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The request for a Conditional Use Permit to operate an Automotive Repair Garage will be, in Staff's opinion, consistent with the other automotive uses along Jensen Drive, and is deemed a compatible use in the greater than 75 noise zone and the Accident Potential Zone 1. As stated previously, no changes are proposed to the building, and the parking provided on-site can accommodate both the existing businesses and the proposed use. In addition,the applicant contacted the Seatack Civic League and informed them of the details of the request. A letter of support was provided to Staff by the civic league as a result of this contact. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the property. All such vehicles shall only be permitted to be stored within the building. Michael Carlson Agenda Item 2 Page 3 6. There shall be no parking or storage of motor vehicles in the grassy area on the western side of the building. 7. There shall be no outside storage of equipment, parts, tires or materials. 8. No motor vehicle repair work shall take place outside of the building. 9. No motor vehicles shall be parked within any portion of the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Focus Area 9, Historic Seatack. Seatack is an integral part of the Resort Area and,while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the area is constrained by the highest noise zones, Navy restrictive easements and the Special Flood Hazard Area. Recommendations for this area include adherence to the Special Regulations in Air Installations Compatible Use Zones, a careful mix of compatible land uses that contribute to the day-to-day life of community residents, and discouragement of uses incompatible with existing residential. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Birdneck Road 14,100 ADT 1 32,700 ADT (LOS°"D") Existing Land Use 2—32 ADT Proposed Land Use 3- 120 ADT Jensen Drive No Data Available 1 9,900 ADT 1(LOS°"D") 'Average Daily Trips gas defined by light 3as defined by an automotive repair 4 LOS=Level of Service industrial use garage Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Michael Carlson Agenda Item 2 Page 4 Public Outreach Information Planning Commission • The applicant contacted the Seatack Civic League on May 20, 2019 to inform them of the details of the request. A letter of support was provided to Staff by the civic league as a result of this contact. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and Sunday, August 18, 2019. • 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 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 15, 2019 and Sunday, September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. Michael Carlson Agenda Item 2 Page 5 Site Survey sW U R N cc .E4 Q 1 c La 0 W c Z g W W W m O O:N W20, cc-1 U S p. O OSMIn a{Sx VZ4C..)A.°-, a� U r =k'w `�`'OV x S Wacc5 Z 0 R gV Q 0 {4y f5QVj 5^ (.a V'VK�' ECW7§ N K4�Z 2� I tM a3� (nrw O W CL <• 4 NY=6 b •� , xWm FZkUzi ! R ULtg` 4.0 lV o.' ..- S• 3,.1 i Q of 1 j. I i i • \ ti �ceofn 55 A• s goIn • Z tt W 9 �fp az aN �_d t� • W f- " 1 c. WFO cr Q t z � m \ a"m o `°, I v • p aicc d mO - ,i. } N� Its r - _ .�� Y Y J_ 3 • w a r.I "cot til L c 1 ! 8 � � W a t VS N WCL .y V er � (7 2 a ! "'e s • !4-Q h�L'ts LaW pz.4= �`Y ZZ 6�NN2 �1. Wd ti.i tga nth O NK O 2n2 t �ti O j U w gWU RE' _ �` Oa =J Q Michael Carlson Agenda Item 2 Page 6 Site Layout of Jensen Drive / . ._in . , . 0 : tip-- ` -, ,*, r 41 Nii-Oe4r"-- 4. f.e-- ). , • _ . , ' LL 0 [` c , cV �IoaupJs9 peON poaupJ!B -- `r� N 2, 1 1 Yr } II P 1 p I 46 ? oj , 1----- f __ I ms Li � c ,-) 1 - __ty-----t ,:)to L ill 1? ri m co ow co , 0 ' 1 I _ I lo_r_fil 7-'', ,' . \-, L a c 7.- 0 r d � cc _ ,5 � J mcQau N 909L1 Michael Carlson Agenda Item 2 Page 7 Site Photos '- ,.„2:.'_ .".,-;III r'.. .;-7--iii?-4 .,.k4 , --1 - --,------ -F-- '1: i ' likiii s r _ • L >, t , , t -, } M s a n vs s Michael Carlson Agenda Item 2 Page 8 Dept. of Navy Easement Compliance Letter DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 2 3460-2 1 9 1 MREEIr REFER tO 4535 se,.N4/226 30 Jul 19 Mr. Michael Carlson 744 Linden Court Virginia Beach,VA 23462 Dear Mr.Carlson: Thank you for your request for an easement compliance review for the property located at 1181 Jensen Drive,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Declaration of Taking by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property as an automotive repair station is permitted under the terms of the Declaration of Taking,provided that any office space is maintained only in connection with the automotive repair station,and that any petrochemicals stored on site are incidental to the automotive repair station. Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U.S.Navy will periodically conduct random reviews in the field of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact fur this matter is Mr.Paul Moomaw,who can be reached at(757)433-2678 or via c-mail at paul.moomaw(a..navy.mil. Sincere , O./ C.P.VINCELETTE Captain,U.S Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3&PRA12) Michael Carlson Agenda Item 2 Page 9 Disclosure Statement M3 Virginia Beach APPLICANT'S NAME Michael Carlson DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE , Page 1 of 7 ' y/ )/g �c MarcheIle L. Coleman Michael Carlson Agenda Item 2 Page 10 Disclosure Statement • Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Elite Autowerks, LLC If an LLC, list all member's names: Michael Carlson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, Alk business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:William Frierson If an LLC, list the member's names: Page 2 of 7 Michael Carlson Agenda Item 2 Page 11 Disclosure Statement \irg:nia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) .Parent-subsidiaryrelationship- means "a relationshipthat exists when one corporation p directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.- See State and Local Government Conflict of Interests Act. Va. Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Michael Carlson Agenda Item 2 Page 12 Disclosure Statement 1)B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 ix Construction Contractors CIpzi Engineers/Surveyors/Agents Financing (include current ❑ „ mortgage holders and lenders J selected or being considered to provide financing for acquisition or construction of the property) t l ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ T an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Michael Carlson Agenda Item 2 Page 13 Disclosure Statement i Virginia Bead. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _licatio AAP PLK� SI *SI t URE E DATE yrmmmw Page 5 of 7 Michael Carlson Agenda Item 2 Page 14 Disclosure Statement OWNER Virginia,Beach YES] [NO SERVICE PROVIDER(use additional sheets if L.__--- needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Cthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors CIX1 Engineers/Surveyors/Agents Financing (include current C ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the inerest? Page 6 of 7 Michael Carlson Agenda Item 2 Page 15 Disclosure Statement INZ, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 'meeting, or meeting of any public body or committee in connection with this A licatio , a tit( fl,�Cti Y�.So7/,, l7 PR E OWNER'S SI PRINT NAME R Page 7 of 7 Michael Carlson Agenda Item 2 Page 16 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 757-385-8610. • 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. Michael Carlson Agenda Item 2 Page 17 Item#2 Michael Carlson Conditional Use Permit (Automotive Repair Garage) 1181 Jensen Drive District—Beach August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the consent agenda. Those items will now be scheduled on the City Council agenda for hearing. You're welcome to stay or you can leave if you like. Okay, the next order of business will address the remaining items on the agenda. Will the clerk please call the first item? Ms. Sandloop: Yes, Madam Chair. Its agenda item number two, Michael Carlson, which is an application for a Conditional Use Permit for an Automotive Repair Garage on property located at 1181 Jensen Drive located in the Beach district. Will the applicant or the applicant's representative,please step to the podium? Ms. Rucinski: Can you state your name for the record? Mr. Carlson: Michael Carlson. Ms. Rucinski: And, Can you explain your application to us? Mr. Carlson: It's for automotive repair. It's going to be by appointment only. We fix just BMWs and it's kind of a specialty shop. We're going to try to keep all the traffic down and the cars out of the way. Ms. Rucinski: Okay. Does any Commissioner have any questions for Mr. Carlson? 1 Mr. Wall: I do,just clarify. So, it's just general maintenance, oil changes, air conditioning, suspension repair, brake work? Mr. Carlson: It's going to be motor swaps as well. Mr. Wall: Motor swaps, okay, tire installation. Okay. No, no auto body? Mr. Carlson: No sir. No paint, no auto body. Mr. Wall: No auto body, okay. Ms. Rucinski: Any other questions? All right. You'll have an opportunity to rebut. Can you call the next speaker, please? Ms. Sandloop: Yes, ma'am. We have one speaker, Craig Blessing. Mr. Blessing. Mr. Blessing: Good morning Madam Chair, Commission. My name is Craig Blessing. I'm from the Alice Creek Commerce Center and I'm here representing our president of the association, Albert Jensen. The property owner on 1181 Jensen Drive to our understanding is operating two different businesses and are applying for one Conditional Use Permit. And we feel that this violates the zoning use of I-1 property. As a unit owner, I'm asking to request that the condition number nine be clarified. Right now, the unit tenant is located 1181 Jensen Drive, we believe that he's doing automotive work and the other is selling wholesale vehicles that are brought in and dropped off. They're currently using two different properties for storing vehicles located on Jensen Drive one is a surf shop located 1171 Jensen Drive and the other is Caliber Collision located at 1121 Jensen Drive. I've also noticed as being a property owner that on the weekends, they work on vehicles 2 outside on the street at night and also on the weekends. They're currently using Caliber Collision for storage at the moment. They're also using other properties as well for storage and we're asking that the status be changed on Jensen Drive that no vehicles be parked on the street. I also looked up online this morning, Elite Auto Works. They're operating as a limited liability company and I noticed them this state corporation commission that their status has been canceled. I don't know what that means, so other than the fact that that's what I have. Thank you. Ms. Rucinski: Any questions for Mr. Blessing? Mr. Ripley: So, what are the two businesses that, one of them we know is an application for this? Mr. Blessing: Correct. Mr. Ripley: What's the other business and how does it relate? Mr. Blessing: The other gentleman is operating. They're bringing in BMWs into the facility, and they're just dropping them off. We don't know what they're doing with them other than they're storing in there on two different properties. Mr. Ripley: Side by side or something? Mr. Blessing: His name is Alexander Enchieko. He's operating BeamerTech and I believe they're operating together. But they're operating two different businesses on the same application and for what they're doing now that they're requesting. Mr. Ripley: Okay, thank you. 3 Mr. Blessing: Yes sir. Ms. Rucinski: Any other questions? Mr. Ripley: Maybe we can get the staff to address this. Ms. Rucinski: Okay. Mr. Ripley: To see what they know about this. Ms. Rucinski: Do you have any other information? Ms. Smith: I would suggest that you hear from the applicant and maybe get some clarification and then we can see if there might be a zoning violation out there that we need to investigate. Ms. Rucinski: So Mr. Carlson, would you come back to the podium please? Mr. Carlson: So, as to the other business that's in the same complex. They have their own business,their own lease. They do what they want to do. I'm applying for my own business. I don't have cars parked on the street. I don't have cars stored in a surf shop or Caliber Collision. I have none of what he just came up with it. I am my own person. I'm here to apply for myself. Ms. Rucinski: Okay. Any other questions? Mr. Inman: Jensen Drive, is that a private road or is that a public road? It's part of a condominium? Mr. Carlson: Its whole complex of like industrial. I believe it's private. 4 Mr. Tajan: It is a private road. Mr. Carlson: Private road. Mr. Tajan: Yes, it is. Just to clarify also, there was a condition that was edited, I believe it's in your reports now that the vehicles that are scheduled to be repaired for this user is to be parked at the property at his condo unit, not elsewhere on the property, as we noted during the informal. Ms. Rucinski: Okay, so you're not opposed to that because he said they were being parked on the street. Mr. Carlson: I don't have anything parked on the street. I can't speak for anybody else,but I don't have anything parked on the street. Ms. Rucinski: Any other questions? Anything else you'd like to ask? Mr. Carlson: Thank you. Ms. Rucinski: All right. Thank you. Is there no other speakers? Ms. Sandloop: No ma'am. Ms. Rucinski: With no other speakers, let's go ahead and close this for discussion amongst the Commissioners. Any discussion? Mr. Redmond: Oh I would just say briefly, I don't know how else we deal with the parking issue other than we have a condition that says you got to park on site and then as we discussed this morning, and there's an enforcement issue that goes into that; however, that's done. So, I mean, that gentleman indicates he's not parking cars on 5 the street. We have a condition that says you got to park on site. I think that has to be sufficient. So, I thought. Ms. Rucinski: And he indicated he didn't have a relationship with the business next door, so. Mr. Wall: I mean, there are plenty, quite a few conditions in here concerning that working on the vehicles outside of the business, keeping the vehicles that are in the state of disrepair inside the building, few vehicles outside, the amount of grassy area. Ms. Rucinski: Any other discussion? Will someone like to make a motion? Mr. Ripley: I'll make a motion that we may for approval of item number two. Mr. Redmond: Second. Mr. Rucinski: Who second that? Mr. Redmond: That was me. Ms. Sandloop: Okay,vote is open. By the recorded vote of 9-0, agenda item number two has been approved. Ms. Rucinski: All right, thank you, can we call the next item? 6 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE Conditions 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no parking or storage of motor vehicles in the grassy area on the western side of the building. 7. There shall be no outside storage of equipment, parts, tires or materials. 8. No motor vehicle repair work shall take place outside of the building. 9. No motor vehicles shall be parked within any portion of the public right-of-way. 7 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: Letter of Support from Seatack Community Civic League for Michael Carlson at 1181 Jensen Drive Date: Wednesday,September 25,2019 8:26:33 AM Attachments: imaae001.ong From:Tammie Mullins-Rice<tmrice63Pgmail.corrt> Sent: Monday,July 1, 2019 2:30 PM To: Marchelle L. Coleman <MColemanPvbgov.com> Cc:gRluckygirlCa�yahoo.com; thomosonbentccox.net Subject: Re: Elite autowerks Marchelle, We,the Seatack Community Civic League is not a opposed to the request. Thanks, Tammie M. Rice On Mon,Jul 1, 2019 at 8:38 AM Marchelle L. Coleman<MColemanPvbgov.com>wrote: Hello Seatack Civic League Members, In late May, my applicant Mr. Mike Carlson, sent you the email below informing you of his request to operate an Automobile Repair Garage at 1 181 Jensen Drive. I mentioned this to you at a meeting we attended together for the RASAP update. I believe that you mentioned that you were not opposed to Mr. Carlson's operation. Can you please reply to this email, so that we can have an official record on your thought, whether you are in favor or opposed to him applying for this Conditional Use Permit to operate his Automobile Repair Garage. If you have any questions or need more clarification on anything, please feel free to contact me. Have a great day, Marchelle L. Coleman, City Planner city of Virginia be,1( Virginia Beach Planning i Community Development 2416 Courthouse Drive. Bldg. 19, North Side Virginia Beach, VA 23456 (757) 385-8557 )Direct) [757) 335=4621 (Office) r„ le-rt'„ors s y.. ,,., .Cor''a From: Mike Carlson <cowboysmike14Pgmail.com> Sent: Monday, May 20, 2019 10:33 AM To:tmrice63Pgmail.com; Marchelle L. Coleman <MColemanPvbgov.com>; pgluckvgirlPyahoo.com;thompsonbenthcox.net Subject: Elite autowerks Hello Seatack Civic League Members, I am writing you to inform you of a Conditional Use Permit that I have applied for,for an Automobile Repair Garage at 1181 Jensen Drive. I am tentatively scheduled to be heard at the July 10th Virginia Beach Planning Commission Hearing.The garage will provide maintenance services such as oil changes, air conditioning and suspension repair, brakes,tune ups, tire installation, engine swaps, engine rebuilds, radio, lighting,and transmission repair.The typical hours of operation will be 10:00 a.m. to 7:00 p.m., Monday through Friday and 12:00 p.m.—5:00 p.m. on Saturdays. It is anticipated that up to two employees will work on the site. There will be no changes to the exterior of the building and all repairs and the storage of materials will occur within the building. 3. Michael Carlson(Appbcant) 1 I " YWilliamD.Frierson[Owner] . Co»ditlonel Use Permit(Automotive Repair • tto Garage) 1181 Jensen Drive { (GM24174343000012) '' -4 COUNCIL DISTRICT-BEACH ' Stall Planner-Marchelle Coleman : . r.6114-1..:, t- o ; \ ._,..\ V ,,,---\_-------------icm, rt_____a_____I to ,H i� O O ta IIIe I�a N — C, O ` . NN---r/ 1 \ . , c D 1 ) CI N\N%\1§ N - I ', 111111=1 INIMe ici \\XIS;‘\\\sTrkN 7. I2 U r 13 E 0as r- �— I \ 1 tP vi _I 1 L od , 1 > , _ R 0 o _ '-i, _ , C -0 J C . to 5 `�� L _ O V) N 4. at) SQS' AIEact CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHRISTINA MARCHIONE [Applicant] BRUCE & SUSAN WHITAKER [Owner] CONDITIONAL USE PERMIT (Automotive Repair Garage) for property located at 2601 Production Road, Unit 102 (GPIN 1496884067) COUNCIL DISTRICT — BEACH MEETING DATE: October 1, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage within an existing 3,000 square-foot unit of a larger industrial warehouse building in the London Bridge Industrial Park. The applicant specializes in motor vehicle painting and body restoration work. It is the intent to offer these services directly to auto dealers, rather than to the general public. There will be no significant modifications to the site or to the building. • Considerations: Much of this area is subject to Navy restrictive easements and within the highest noise zone. The majority of the land in the vicinity is zoned for commercial and industrial uses. The property is located in the Accident Potential Zone 2, the greater than 75 dB noise zone, the Special Economic Growth Area — 3 West Oceana. Based on this, the proposal is deemed compatible with the AICUZ overlay and other industrial uses in the vicinity, and is consistent with the Comprehensive Plan's land use policies for this area, which calls for development in accordance with the AICUZ regulations. Additionally, the site is encumbered by a Navy Restrictive Easement, and as such, the applicant provided Staff with an easement compliance letter from the Navy stating that the proposed use is acceptable under the terms of the easement. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Christina Marchione Page 2 of 2 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. ■ 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 RQ') City Manager: /NC, Applicant Christina Marchione Agenda Item Property Owner Bruce & Susan Whitaker Public Hearing August 28, 2019 3 City of City Council Election District Beach Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) 0 Staff Recommendation "i c Approval .. sy .N Staff Planner Jonathan Sanders Production wed I Location -,,,dB DNLPPICAD ppRve 2601 Production Road, Unit 102 APZ2 G P I N gnahlY Court R 1496884067 a Site Size R 0.9 acres AICUZ7 Indu4ry N„H Road e Greater than 75 dB DNL;APZ 2 Watershed Chesapeake Bay 's . Existing Land Use and Zoning District . ' Industrial warehouse/I-1 Light Industrial y ti Surrounding Land Uses and Zoning Districtsit , North Production Road ' ` « —` Industrial warehouse/ I 1 Light Industrial i• South Industrial warehouse/ I-1 Light Industrial ` . East I , Industrial warehouse/ I-1 Light Industrial `� ,.c 1, r ... gym+ West ilk- '.-- :, . Industrial warehouse/I-1 Light Industrial ' � =++ i '. Christina Marchione Agenda Item 3 Page 1 Background and Summary of Proposal • The site is currently developed with a 7,000 square-foot industrial warehouse building with three units. The applicant, a proposed tenant for the 3,000 square-foot unit in the southern unit of the building, has submitted a request for a Conditional Use Permit in order to operate an Automotive Repair Garage. • According to the application,the garage will provide motor vehicle painting and body restoration services to dealers. • There will be no significant modifications to the site or to the exterior of the building. The applicant is proposing to install a sign on the door. • The typical hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Saturday. It is anticipated that two employees will work onsite at any one time. • There are 13 onsite parking spaces on site. The Zoning Ordinance requires four parking spaces for the proposed use. Under the terms of the lease, nine of the 13 onsite parking spaces are available for use by the applicant. Two parking spaces, one for each business, are provided for the remaining two units - a wood and metal works manufacturing business, and a home decor manufacturing operation. ►'odoodon Rood .` I . Zoning History # Request f 1 CUP(Bulk Storage Yard)Approved 06/05/2000 2 CUP(Outside Storage of Vehicles)Approved 05/12/1998 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for an Automotive Repair Garage is, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for this area, as the proposed use is compatible with the other industrial uses located in the London Bridge Industrial Park and is deemed a compatible use in the APZ-2. Additionally,the applicant has provided an easement compliance letter from the Navy stating that the proposed use is compatible with the Navy easement held on the property. Much of this area is subject to Navy restrictive easements and all of this area is within the AICUZ high noise zone.The majority of the land in the vicinity is zoned for commercial and industrial uses. Christina Marchione Agenda Item 3 Page 2 As stated previously, no changes are proposed to the building with the exception of new signage.The parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance as there are seven surplus spaces provided. Based on this,Staff recommends approval of this request,subject to the conditions below. Recommended Conditions 1. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences,or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property.All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment, parts,tires,or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within Special Economic Growth Area (SEGA) 2-West Oceana. SEGAs are viewed as special areas with significant economic value growth potential,with primary consideration being adjacent to NAS Oceana or within the Interfacility Traffic Area high noise overflight zone. It is recommended that all new or improved development proposals adhere to the City's AICUZ provisions. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site. Christina Marchione Agenda Item 3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Production Road No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use Z 35 ADT Proposed Land Use 3-77 ADT 1 Average Daily Trips 2 as defined by a 7,000 3 as defined by a 7,000 square foot °LOS=Level of Service square foot light-industrial light industrial building use containing building 3,000 square feet of auto repair. Public Utility Impacts Water & Sewer This site is currently connected to both City water 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 July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and Sunday,August 18, 2019. • 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 12,2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 15, 2019 and Sunday, September 22, 2019. • 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 16, 2019 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. Christina Marchione Agenda Item 3 Page 4 Site Layout t 1 S. _ L UNIT —_ „........4 iiiimme. _ --A,...., - • 1 , _ i _ ._ ; ow Lk t ill I _ 10111 olli g..R,.-_...-.,«* - tom` - Christina Marchione Agenda Item 3 Page 5 Navy Easement Letter DEPARTMENT OF THE NAVY .A' NAVAL AIR STATION OGEANA 1750 TOMCAT BOULEVARD i VIRC.NIA BEAGI$,VIRGINIA Z3453-2191 ,? S % , IN REA.1 REFFR TO 4535 Ser N41 122 29 Apr 19 Ms.Christina Marchione 1949 Roger McClung Lane Virginia Beach,VA 23456 Dear Ms.Marchione: Thank you for your request for an easement compliance review for the property located at 2601 Production Road,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to ratiictions resulting from a Grant of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property for an automotive painting service,as well as related office space,is permitted under the terms of the Grant of Easement. Should you oar a showroom please note that no more than 700 square feet of gross building area is permitted to be used for a showroom. Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U,S.Navy will periodically conduct random reviews in the field. of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr,Paul Moomaw,who can be reached at(75T)433-2678 or via e-mail at paul,moomaw 'navy.mil. Sincerely, CCL Captain,U.S,Navy Commanding Officer Enclosure:Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3 &PRA 12) Christina Marchione Agenda Item 3 Page 6 Site Photos ANNP*11, • • •e . Aller/ORA _ ARP- • AMP .. 11:111121681.1 "1411111111 +-7111"..".*- • Christina Marchione Agenda Item 3 Page 7 Disclosure Statement 4\13 irginia Beach APPLICANT'S NAME Christina Marchione DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. o SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONEY/A': ;ed two(2)we. Page 1 of 7 Planning Commss:on am C , _ at partams to the an; cl APPLICANT NOTIFIED 01 HEARING DATE [seNO CHANCES AS OF DATE 41/(S/ +a JS Jonathan Sanders REVISIONS SUBMITTED DA?E 1 Christina Marchione Agenda Item 3 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Christina Marchione If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Bruce W. &Susan C. Whitaker If an LLC, list the member's names: Page 2 of 7 Christina Marchione Agenda Item 3 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.- See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 -Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va,Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Christina Marchione Agenda Item 3 Page 10 Disclosure Statement 4\i/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) IX Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors • 71 Engineers/Surveyors/Agents Financing (include current 1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / 1-1 x Agents/Realtors for current and ��``�� anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ T an interest in the subject land or any proposed development �� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Christina Marchione Agenda Item 3 Page 11 Disclosure Statement certifyt at a o t e n ormation containedm t s is osure tatement orm is 'complete,true,and accurate. { I understand that, upon receipt of notification that the application has been S scheduled for public hearing, I am responsible for updating the information I 1 provided herein two weeks prior to the Planning Commission, Council, VBDA 1 j meeting, or meeting of any public body or committee in connection with this I Application. AP •NT ' ,C/1(rSbiIpJ1tr'GYi/.Dn� y/*PI PRINT E DATE I Page 5 of 7 Christina Marchione Agenda Item 3 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) o " Accounting and/or pre parer of your tax return I r ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than CF/ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) riix Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing (include current r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) t i Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Christina Marchione Agenda Item 3 Page 13 Disclosure Statement NB Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this A lication. PROPERTY OWNER'S SIGNA PRINT NAME ATP' Page 7 of 7 Christina Marchione Agenda Item 3 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Christina Marchione Agenda Item 3 Page 15 Item#3 Christina Marchione Conditional Use Permit(Automotive Repair Garage) 2601 Production Road, Unit 102 District—Beach August 28, 2019 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. The next item is item number three Christina Marchione for Conditional Use Permit, Automotive Repair Garage in 2601 Production Road, Beach District. Is there a representative for this item? Welcome, please come forward and say your name for the record please. Ms. Marchione: Christina Marchione. Mr. Weiner: Are the conditions approved are acceptable? Ms. Marchione: Acceptable. Mr. Weiner: Great. Thank you. Have a seat, thank you. Is there any opposition that it's being placed on a consent agenda? Hearing none, Commissioner Graham has been asked to read this in the record. Mr. Graham: This is a Conditional Use Permit application for Automotive Repair Garage located at 2601 Production Road in unit 102. This is in the West Oceana area. It's an industrial warehouse that is currently zoned I-1 light industrial. The site is currently developed with a 7,000 square foot Industrial warehouse building. The proposed tenant would be in a 3,000 square foot unit, and it would be for operation of automotive repair garage. There are currently 13 onsite parking spaces, the tenant 1 is only required to have 4, and there is ample parking for the use. We're recommending approval with the recommended conditions. Mr. Weiner: Thank you Mr. Redmond. Madam chair that is all the items on the consent agenda, I move for approval items one, three, five, eight, and 10. Ms. Rucinski: Do we have a second? The vote is open. Ms. Sandloop: Mr. Ripley, could we get your vote please? By the recorded vote of 9-0, agenda items one, three, five, eight and 10 have been approved by consent. Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the consent agenda. Those items will now be scheduled on the City Council agenda for hearing. You're welcome to stay, or you can leave if you'd like. Okay, the next order of business will address the remaining items on the agenda. With the clerk please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE 2 Conditions 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 3 \ea - ‘4: ;,:i 7 ..--,.. / ...,01,1''4 .0 It) v A o rn i' / �' CD /,.-. / ' N J* / \I \.1.•t - / L a) -----,k ‘t.s., -,. ' • \ 1<i ---,,, d O L. Ct o_ aa Qual` *\ a. % ,> oto C/' c•-• 67"\-,\, Vi, 'i �'`� .,, f i , -1 / 1 f '/Y -.1 ` ' T, 1'`_, CO a► 2 ' s n ti a CO sf --7 DO F I_ 414, CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: MONICA YVONNE LANCASTER [Applicant& Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1505 Colebrook Drive (GPIN 1465269585), COUNCIL DISTRICT — CENTERVILLE MEETING DATE: October 1, 2019 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a 2,000 square foot single-family dwelling in the Lake Christopher neighborhood. The applicant has been caring for children in her home as a matter of right for the past two years without incident. The almost 9,000 square foot lot has an enclosed backyard for the children to play safely outdoors. The typical hours of operation are proposed as 7:30 a.m. to 5:30 p.m., Monday through Friday, with one full-time employee and a primary provider(the applicant). • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use goals for residential areas, as day-care provider offer a valuable service for families in the Suburban Area. When properly operated on a small scale, this use does not diminish the character of residential areas. Per the recommended conditions, the drop-off and pick-up times will be staggered throughout the day to reduce the potential for congestion, and the applicant will be required to be licensed by the Commonwealth of Virginia. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff received five letters of support from the adjacent property owners. Staff is not aware of any opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Family Day-Care Home shall provide care for no more than 12 children at any one time, excluding the provider's own children and those who reside in the home. 2. The Family Day-Care Home shall have no more than one additional employee/volunteer, who does not reside in the home, on the premises at any time. Monica Yvonne Lancaster Page 2 of 2 3. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 4. This Conditional Use Permit is limited to the applicant only. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with this Conditional Use Permit. 7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 8. Prior to operation of the proposed use, the applicant shall obtain all necessary permits and inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Public Outreach & Input Documents Point System for Family Daycare Home Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department AP City Manager:YML Applicant & Owner Monica Yvonne Lancaster Agenda Item Public Hearing August 14, 2019 City Council Election District Centerville 8 City of Virginia Beach Request Conditional Use Permit (Family Day-Care Home) I - / ', .. Staff Recommendation 40, Approval F 44'I °a Staff Planner .. >/e) F° � Hoa N. Dao , 3't Location ve • 1505 Colebrook Drive 0,` ��°� 9 'Nei i/..iNts, .. G P I N S" , 1465269585 4' ► Site Size 4. �% 8,765 square feet �3C% % a AICUZ Less than 65 dB DNL Watershed Southern Rivers X'- / r" -t p X r Existing Land Use and Zoning District 4. .p Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts .< . ' , Northif �` Kempsville Road r , s . } Funeral home/O-1 Office .,, \\ > ;',s South € . ` ', Colebrook Drive Single-family dwellings/ R-7.5 Residential ` , East ' :_ 1-" :::,, �, fry. Single-family dwellings/ R-7.5 Residential ' .. West ,' . . Single-family dwellings/ R-7.5 Residential ", - ,46 At `' `f' / Monica Yvonne Lancaster Agenda Item 8 Page 1 Background and Summary of Proposal • For the past two years, the applicant has provided daycare services for up to four children in her residence in the Lake Christopher neighborhood. As it is the applicant's desire to increase the number of children, a Conditional Use Permit is required. • Specifically,the applicant is requesting to operate a Family Day-Care Home with up to 12 children within her 2,052 square foot home. • The subject parcel 8,765 square foot parcel contains an outdoor playground in the rear yard that is enclosed by a six-foot privacy fence. • The typical hours of operation are 7:30 a.m. through 5:30 p.m., Monday through Friday with one full time employee and a primary provider(the applicant). /r i' K t . 0•t 2 ��. Zoning History R-50 # Request 1 e oy // 1 CUP (Columbarium) Approved 10/10/2006 2 CUP (Funeral Home) Approved 08/11/1993 REZ (R-5D to 0-1) Approved 08/11/1993 j `�1. R•7..5 j c'e7 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The requested Conditional Use Permit for operation of a Family Day-Care Home in the R-7.5 Residential District, in Staff's opinion, is consistent with the intent and goals of the Comprehensive Plan. Family Day-Care Homes provide a valuable community service. When properly operated on a small scale, this use does not diminish the character of residential areas but instead enhances the community quality of life by providing a convenient and quality service. The applicant has requested to provide day-care services for a maximum of 12 children. A Family Day-Care Home with four or less children is permitted by right in residential districts. When the number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. The Virginia Department of Social Services (DSS) has adopted a point system to Monica Yvonne Lancaster Agenda Item 8 Page 2 regulate child care services which allows DSS to consider factors specific to each home (e.g., an elderly person residing in the home who requires care). The subject site fronts Colebrook Drive, a 50-foot wide public right-of-way. Colebrook Drive is a dead-end road that is substandard since it does not have the adequate space for vehicles to turn around.The property has a 30-foot by 16- foot driveway that is used for vehicles to turn around. In addition,on street parking is available on both sides of Colebrook Drive.Since the drop-off and pick-up times are staggered throughout the day, Staff does not find vehicular congestion to be a concern for the proposed use.To ensure traffic congestion doesn't arise due to the daycare operation, Staff recommends a condition to limit the use of the property to only one home occupation. Recommended Conditions 1. The Family Day-Care Home shall provide care for no more than 12 children at any one time,excluding the provider's own children and those who reside in the home. 2. The Family Day-Care Home shall have no more than one additional employee/volunteer,who does not reside in the home, on the premises at any time. 3. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 4. This Conditional Use Permit is limited to the applicant only. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with this Conditional Use Permit. 7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area,and mounted flat against the residence. 8. Prior to operation of the proposed use,the applicant shall obtain all necessary permits and inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 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. Monica Yvonne Lancaster Agenda Item 8 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Colebrook Drive No Data Available Proposed Land Use 3 58 ADT 1 Average Daily Trips 2as defined by single-family 3 as defined by a family day-care home °LOS=Level of Service dwelling with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Colebrook Drive is considered a two-lane undivided local street. It is not included in the MTP. There are currently no roadway CIP projects planned for this area. Public Utility Impacts Water& Sewer The site is currently served by City water and sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised.Seven (7) letters of support, including one (1)from the HOA, have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 15, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and Sunday, August 18, 2019 • 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 12, 2019 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. Monica Yvonne Lancaster Agenda Item 8 Page 4 City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, September 15, 2019 and Sunday, September 22, 2019. • 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 16, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. Monica Yvonne Lancaster Agenda Item 8 Page 5 Proposed Site Layout KEM PSVI LLE ROAD ,. NO VEHICULAR INGRESS OR EGRESS :. \ 144047'10'E 75 Cr:' PEDESTAL PIN FOUND PiN FOUND rrrrrr r*rrr■r■rrr■ ■ ■rrr L_._ __., . .. 1Q' UTIUUTIE EASEMENT PEDESTAL--' : d ti '`,� 1S ' " 0.6' • 72` WNYL FENCE . i G3' - ■ a ■ • 8.2' 't‘., • 72" 1100D FENCE't., : FRAME SHED o to • OUTDOOR V 6' PRIVACY FENCE f • PLAYGROUND T • 28-.F ✓ ''3 13 G2 ■ P — 5.6'z- 2,052 SF ' •4 N4 RESIDENCE ••.•-II ' — T A et cla ,- t ,......C) ._L.1 v LOT 2 73 to GPIN 1465 26 9585 rn X N CONCRE TE DP'VE INN romp PIN FOUND 7:44'''‘ S40'47'101W 75.00' 90.55' TO CAP TAINS RUN COLEBROOK DRIVE Monica Yvonne Lancaster Agenda Item 8 Page 6 Site Photos A 211...., ....,„. , . _ —oia,, 414140.'w . , )000•004C, / m/F- _ :— - — ,...- ,, $ • . w 9,0 g- .dill\� /.i taw sY?.J A..011111111010.. •/. y Monica Yvonne Lancaster Agenda Item 8 Page 7 Site Photos .....„ .4,,,„- ...-.,--...,,..„-f,,,44,N,.:. ..• . 4,„A.,, ..•••• . , ".• is. , • 4 ' ,.:‘,,.,, 1.!;-;-,-:A.0:4:-2_,,---,..:,,,,e,or.t_ i,.. : :-:,, 4-.,_ -',, ;-,,i' :,140.:',4;.,,..,..,T .,,, . ,;-- ':, .,1104 , --- , .1,,.- •••• •, „.--t.„‘*.r--;,,,,--,_.:,-':',k,,i.'::-...,'' "``.-"'-.t. 1.. 1.aw....,,. 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Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ _ Certificate of _ Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board « • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 7 Planning Commission and Cit. Council meetlno that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: le NO CHANGES AS OF DATE. O9TO4// Ea REVISIONS SUBMITTED DATE: Monica Yvonne Lancaster Agenda Item 8 Page 9 Disclosure Statement V13 Virginia Beach ►r Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: ►_ •, stist ___ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) -'1+9 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) P11q See next page for information pertaining to footnotes and 2 s . - SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:l`_iQnKA_i� _f� # __ If an LLC, list the member's names: Page 2 of 7 Monica Yvonne Lancaster Agenda Item 8 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) PHA (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Monica Yvonne Lancaster Agenda Item 8 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) 1:1Accounting and/or preparer of Mfi<. Mullins your tax return 10 oci- sol Courk Vtrvew -Aesacl+ tta4 12, Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 13 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 C Construction Contractors Engineers/Surveyors/Agents Financing(include current t"1t•Cosiato. b.Box Weems r} ❑ mortgage holders and lenders t Mcs►'Oc 'Y5tt �� `U� I selected or being considered to f.t TA.Sox sick provide financing for acquisition or construction of the property) c`C'Oci VA 119_503 ELegal Services Real Estate Brokers/ ©' Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ �� an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Monica Yvonne Lancaster Agenda Item 8 Page 12 Disclosure Statement 1/3 Virginia Beach, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. - '-8.1 ___Mor _( aricsAS-b r 4122119 APPLICANTS SIGNATURE PRINT NAME DATE 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 757-385-8610. • 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. Monica Yvonne Lancaster Agenda Item 8 Page 13 Item#8 Monica Yvonne Lancaster Conditional Use Permit(Family Day-Care Home) 1505 Colebrook Drive District—Centerville August 28, 2019 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Next item is item number eight. Monica Yvonne Lancaster for conditional use permits for a family daycare center at 1505 Colebrook Drive, Centerville district. Welcome. Please state your name for the record. Ms. Lancaster:Monica Lancaster. Mr. Weiner: All the conditions acceptable? Ms. Lancaster:Yes. Mr. Weiner: Okay. Thank you very much. Is there any opposition for this item to be placed on a consent agenda? Hearing none, I will ask Commissioner Inman to read this into the record please. Mr. Inman: Thank you, David. This is a conditional use permit for family daycare located at 1505 Colebrook Drive. This property is located in the middle of a largely populated residential area and for the past two years the applicant provided daycare services for up to four children in her residents in the Lake Christopher neighborhood. The parcel was about 8700 square foot and has an outdoor playground in the rear yard enclosed by six-foot privacy fence. Typically the hours of operation are 7:30 am to 5:30 pm, Monday through Friday, and there's one full-time employee and the 1 primary provider. The use permit for operation family daycare is consistent with the intent and goals of the comprehensive plan. The applicant requested a maximum of 12 children. Family daycare home with four or less does not require a permit but will have to get at least use permit for more than that, so we're going to approve this by consent for 12. Staff recommends that we approve it. There are nine conditions on it,which the applicant has stated are acceptable and on that basis the commissioners recommended it be approved by consent. Mr. Weiner: Thank you Mr. Inman. Madam chair that are all the items on the consent agenda, I move for approval items one, three, five, eight, and 10. Ms. Rucinski: Do we have a second? The vote is open. Ms. Sandloop: Mr. Ripley, could we get your vote please? By the recorded vote of 9-0, agenda items one, three, five, eight and 10 have been approved by consent. Ms. Rucinski: Thank you. I would like to thank all the applicants that have been here today with a matter on the consent agenda. Those items will now be scheduled on the city council agenda for hearing. You're welcome to stay or you can leave if you like. Okay, the next order of business will address the remaining items on the agenda. Will the clerk please call the first item. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS: 1. The Family Day-Care Home shall provide care for no more than 12 children at any one time, excluding the provider's own children and those who reside in the home. 2. The Family Day-Care Home shall have no more than one additional employee/volunteer, who does not reside in the home, on the premises at any time. 3. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 4. This Conditional Use Permit is limited to the applicant only. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with this Conditional Use Permit. 7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 8. Prior to operation of the proposed use, the applicant shall obtain all necessary permits and inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 3 Date: /-zoI IS' I ku f ' --ik Y- i)i,v3/(1 who's address is 151Z CO1i i off, ec/ understand that Monica Lancaster is applying for a Conditional use permit with the City of Virginia Beach for her home located at 1505 Colebrook Drive, Virginia Beach, VA 23464. The conditional use permit will be for a Daycare home caring for a maximum of 12 children. I support the conditional use permit and believe it should be approved. Regards, al Lii � Date: z,f) 1 g I pal who's address is \ 5I3 Clci ev)c- c Y\ 14 3Lf Li understand that Monica Lancaster is applying for a Conditional use permit with the City of Virginia Beach for her home located at 1505 Colebrook Drive, Virginia Beach, VA 23464. The conditional use permit will be for a Daycare home caring for a maximum of 12 children. I support the conditional use permit and believe it should be approved. Regards, Date: (o ' ) 19 °Th GI 17 who's address is 1907 C.c 11eltic ca!0r. 1, VA 03-1 u understand that Monica Lancaster is applying for a Conditional use permit with the City of Virginia Beach for her home located at 1505 Colebrook Drive, Virginia Beach, VA 23464. The conditional use permit will be for a Daycare home caring for a maximum of 12 children. I support the conditional use permit and believe it should be approved. Regards, Date: Cry I u, \ q I Fi r\-h who's address is 15a� PAQ'�x Y. �cv k7 VCR Q 3'}to-1 understand that Monica Lancaster is applying for a Conditional use permit with the City of Virginia Beach for her home located at 1505 Colebrook Drive, Virginia Beach, VA 23464. The conditional use permit will be for a Daycare home caring for a maximum of 12 children. I support the conditional use permit and believe it should be approved. Regards, Date: CQ p / i q ( 01‘li,r\ who's address is 150 C.0\ebc- `Oc _ UB viot D4LQ y understand that Monica Lancaster is applying for a Conditional use permit with the City of Virginia Beach for her home located at 1505 Colebrook Drive, Virginia Beach, VA 23464. The conditional use permit will be for a Daycare home caring for a maximum of 12 children. I support the conditional use permit and believe it should be approved. Regards, �6/ , Lake -Christopher _ Homes Association c/o The Select Group,2224 Virginia Beach Blvd., Suite 201,Virginia Beach,VA 23454 phone: (757) 486-6000 fax: (757) 486-6988 email: select i'theselectgroup.us or website: www.theselectgroup.us July 16, 2019 Monica Lancaster 1505 Colebrook Drive Virginia Beach, VA 23464 RE: Home Day Care Business—1505 Colebrook Drive Dear Ms. Lancaster: The Lake Christopher Architectural Committee has received your request to operate a home day care business out of your home. The members agree that there is no objection to this request and it is APPROVED. If you have any questions or concerns please do not hesitate to contact The Select Group at (757) 486-6000. Respectfully, eit4-4elric Alysia Schoo s Association Manager On behalf of the Board of Directors CC: Board of Directors File 8/15/2019 Michael Mezo 1501 Colebrook Drive Virginia Beach,VA 23464 City of Virginia Beach Planning Commission 2401 Courthouse Drive Virginia Beach,VA 23456 Attention Mr. Dao Mr. Dao, I am the neighbor of Monica Lancaster who lives at 1505 Colebrook Drive. I am aware that she is applying for a license to operate a daycare from her home. She has been caring for children at this location for some time and it has not caused any disturbance or inconvenience to me as a neighbor,nor have I heard of any complaints from any of the other neighbors. I have no objection to granting her the license that she is requesting. Si er ly Mic aJ. eo STATE BOARD OF SOCIAL SERVICES Page 70 of 121 STANDARDS FOR LICENSED 07.10 FAMILY DAY HOMES 22 VAC 40-111 E. No child under five years of age or a child older than five who lacks the motor skills and strength to avoid accidental drowning, scalding, or falling while bathing shall be left unattended while in the bathtub. 22 VAC 40-111-570. Determinina need for additional caregiver. A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. Interpretation of§ 570 A: No caregiver may exceed 16 points at any time children are in care — indoors, outdoors, on field trips, or during transportation. POINT SYSTEM FOR CHILD CARE AGE 0-15 months 16-23 months 2-4 years 5-9 years >_10 years POINT 4 3 2 1 0 B. A caregiver's own children and resident children under eight years of age count in point maximums. Interpretation of§ 570 B: A child younger than 8 years of age who is a caregiver's own child or who resides in the family day home is assigned points and counted in determining the need for an additional caregiver. A child 8 years of aqe and older who is a caregiver's own child or who resides in the family day home is not assigned points or counted in determining the need for an additional caregiver. / A-1,c':-7„1---7:,--7,--- --, 17: L fior weli.f, .44.1._, _ , r::-!-7,-.7,('-- ,, - • / e.,,,,,,..„,„..„,j 7----_,/ sy , .1, oc \ , - / , , x . 41 ' CNI 03 1'7 cz). ' i - 9 43---- '' rli ti y CO S/ /41 \, -.._, \. ,_„,,,,,,,..„ s o }t / ,:,......./ i-'-' ,---.1 IFrS _ J f 01 :, , -----___j ,!,---). / - / z.—,,,,,,z,/ / i s r r ; H ll ,,,.,----,_, 44t444, .,,,N ,z/i 1.= ; >� =-�, 0 44, / i , c'7././ / / . I / - _,....„,,, ,,tif ., , . zi d m cm v' c `;. J v c 32 Kue �. r4,i`x-.i�T IF S •! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: T & S LAWN & LANDSCAPING, LLC [Applicant & Owner] Conditional Use Permit (Bulk Storage Yard) for property located at 400 Davis Street (GPIN 1467483476), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: October 1, 2019 • Background: The existing 16,000 square foot lot is currently developed with a concrete block storage building. The applicant intends to develop the site with a commercial landscaping business, which can be done as a matter of right, and is requesting a Conditional Use Permit for a Bulk Storage Yard. The storage area will contain vehicles and equipment associated with the business, as well as landscaping materials such as plants, soil, mulch and pavers. Existing fencing on the site is a mix of chain link and wood, which does not meet the Category VI screening requirement of a solid six-foot fence with plants. • Considerations: The applicant is requesting a deviation to the screening requirement, noting the high cost of replacement fencing and plant material, and the reduction in storage area. As a result of the deviation request, the Planning Commission recommends, in a revised Condition 1 below, that Category VI screening be installed along the northern and western boundaries of the storage yard, and that only a new solid six-foot fence be required along the eastern and southern boundaries. Much of the properties along Davis Street are commercial and service uses. Specifically, where the screening deviation is recommended by the Planning Commission, the use to the east is an office warehouse, while the property to the south is an auto repair shop. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this application. Following the staff briefing with City Council of upcoming Planning items on September 24th, Condition No. 4 was added to limit the height of the storage of bulk materials. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained around the perimeter of the Bulk Ste, �ard,as depicted on he exhibi entity "Staff Recomr end T & S Lawn & Landscaping, LLC Page 2of2 s beeR cxhibitcd to the C+ty Council and is on file in the Planning Department along the northern and western boundaries of the Bulk Storage Yard. A new solid six-foot fence shall be installed and maintained along the eastern and southern boundaries of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. Storage containers shall not be stacked. 4. The bulk storage of materials on site shall not exceed 10 feet in height, must be located in the storage area depicted on the plan, and not be located past the front of the building towards Davis Street. ■ 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: 7?L, NBApplicant & OwnerT & S Lawn & Landscaping, LLC Agenda Item Public Hearing August 28, 2019 CityCouncil Election District Kempsville 9 Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) +., StaffStaff Recommendation S.„ �` �n��t Approval \�, a c� I V�r 4.y wa" ., 81uN(nu/t Staff Planner a .= z Jonathan Sanders t '°^=b„tih S '`4 e ',^,ti J Location 400 Davis Street 1e a GPINwi" --.1..7 / 1467483476 Site Size `®^be", N 16,000 square feet �B""°ffi.d / 2 AICUZ f Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District r. ` \ ( p ' Aa , ' ., Office,warehouse/ B-2 Community Business "C 's • -0 lR * - .. Surrounding Land Uses and Zoning Districts ; 4, ° ,� North -.. Commercial/ B-2 Community Business South Automotive repair/B-2 Community Business '' '---., j7 "-.41 _ - p x:. , t e ` ,ram t Eastik. - Commercial/ B-2 Community Business , ' r , � q+ West , Davis Street ' Retail, commercial/ B-2 Community Business • , r/ / 4s, „.....: T& S Lawn & Landscaping, LLC Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant intends to develop the site with a commercial landscaping business. Also proposed is a Bulk Storage Yard,which requires a Conditional Use Permit, for the storage of vehicles and equipment associated with the business, as well as landscaping materials,such as plants,soil, mulch and pavers. A 20-foot wide gate for vehicles and a five-foot wide pedestrian gate are proposed. • The 16,000 square-foot lot is currently developed with a concrete block storage building. The applicant intends to construct a new 600 square foot metal-on-slab office building that will attach to the existing building. • The typical hours of operation will be 6:30 a.m. to 5:30 p.m., Monday through Friday. It is anticipated that up to two employees will work on the site. • Existing fencing on the site is a mix of high chain link and wooden fences,which the applicant proposes to retain on the northern, southern and eastern property lines. Based on this, a deviation to the required Category VI screening (a solid six-foot tall fence with evergreen shrubs) surrounding the Bulk Storage Yard is requested. • However, Staff has provided a Recommended Site Layout, on page 7 of this report,which depicts the required Category VI landscape screening surrounding the Bulk Storage Yard,which consists of a six-foot tall solid fence with evergreen plant material. `h,, 3 4 t, Zoning History 1 8-2 �' 1 ' # Request o'.,�� 1 CUP(Auto Sales and Storage)Approved 05/14/1996 */".. i 8-2 2 CUP(Church)Approved 05/09/2000 23 CUP(Motor Vehicle Sales)Approved 04/26/1994 4 4 CUP(Automobile Repair Garage)Approved 08/04/2015 °; -�i � 5 CUP(Gasoline Sales)Approved 02/26/2008 CUP(Motor Vehicle Rentals)Approved 09/14/2004 CUP(Church)Approved 07/03/2001 '' 5 A-'18 e Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance T& S Lawn & Landscaping, LLC Agenda Item 9 Page 2 Evaluation and Recommendation In Staff's view,the request for a Conditional Use Permit for a Bulk Storage Yard is acceptable. Properties fronting Davis Street and Virginia Beach Boulevard in this part of Virginia Beach are typically commercial and service uses. As noted above,the applicant proposes to retain the existing fencing on the northern,southern and eastern property lines without plants,and requests a deviation to the required Category VI screening.The applicant notes the high cost of replacement fencing and plant material, and the reduction in storage area as reasons for the deviation.Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation is not warranted as the adjacent properties will all have a direct view into the storage area and the yard is not surrounded by plantings. Therefore,Staff recommends that this deviation not be approved, and has provided a condition to reinforce this position. Based on these considerations,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide,shall be installed and maintained around the perimeter of the Bulk Storage Yard as depicted on the exhibit entitled"Staff getaa4=tment along the northern and western boundaries of the Bulk Storage Yard. A new solid six-foot fence shall be installed and maintained along the eastern and southern boundaries of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected,shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. Storage containers shall not be stacked. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The 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 frame work 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 T&S Lawn &Landscaping,LLC Agenda Item 9 Page 3 complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and in the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Davis Street 4,508 ADT 1 9,900 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water The site must connect to City water service. There is an existing six-foot City water main along Davis Street. Sewer The site must connect to City sanitary sewer service. There is an existing 10-inch City sanitary sewer gravity main along Davis Street. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 11, 2019 and Sunday,August 18, 2019. • 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 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 15, 2019 and Sunday, September 22, 2019. • 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 16, 2019 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 27, 2019. T& S Lawn & Landscaping, LLC Agenda Item 9 Page 4 Property Survey (Prior to Demo of House) 27 24 t t9' cahle TV •areal*"W 100.00' -I-fence on lire te`ietal fence on lines -- , _ . �__ I- 0.1' POI(F) 28 ;-.. "wood Fobs -__ - part of Lot 27 0.3673 AC .7:15 16.000 SF I 23 fence on One 22.0 r- / E 8'cheat 12-FES .- fence Work - 3.0' conc. g Wdg co g { to ; t 00le concrete m h SLS' overhead /A _wires _ 2 ud tank ^+._ - -- 2 PP tij 33' 38.7' • 0 1 Stay Bnck v fl N Frame House ,,: = L Y400 ry concre'e l9.6' crop --6.5' . 7T inlet 11.6•' _ pp 12.7' pin(F) water meter e '' ��— -- sanitary ' cleanout , - i,435.60'to fire ' drop Vagnia Beach Boulevard sanitary N 33'12'00'E 100.00' inlet manhole,. hydrant water DAVIS STREET (50') valve T&S Lawn & Landscaping, LLC Agenda Item 9 Page 5 Existing Fencing Exhibit i \ S S6'S8'00-E 160.00' Ir 3 f r---- Existing i ; - \ storage building ' - 0 < _____________ = Existing C : six-foot CA W - solid wood V) g fence —i o PO rnii m s ji z -M 56'58'00^W 160.00' e`--' -r \ ,,,3 -, i r Existing six-foot M�g to �.= 14 I chained-link fence iPv Existing eight-foot chained-link fence I Pt T&S Lawn & Landscaping, LLC Agenda Item 9 Page 6 Staff Recommended Site Layout 1 5 56"58'00-E 160,00' ti 1 - i PTC OSed Existing 1 : \ 30'x 20' storage office building 0 building Required < = Category VI N t GateI Landscape Screening Proposed Bulk m s I Storage Yard -I 4 f t v f i 1 t �. 5 - -M 50 58'00'NJ 160.00 ' IZ- Required Category VI a { Landscape Screening 1/11 N. Required Category VI Landscape Screening I es t T& S Lawn & Landscaping, LLC Agenda Item 9 Page 7 Site Photos •-tiny le- is, - t �i 1 il ,, se+a. dd fo 9" t r•3d - > r pp k T& S Lawn & Landscaping, LLC Agenda Item 9 Page 8 Disclosure Statement INB X irginia Beach APPLICANT'S NAME T& S Lawn & Landscaping, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY A Li s . ,, t be updated two;2)weeks p - Page 1 of 7 Pianniny Commission ar.0 Cety lour rt.etmg that pertains to the appucati> ❑ APPLICANT NOTIFIED OF HEARING DATE // QNO CHANCES AS OF DATE Vt I S/I J S Jonathan Sanders REVISIONS SUBMITTED DATE T& S Lawn & Landscaping, LLC Agenda Item 9 Page 9 Disclosure Statement Virginia Beach ▪ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ▪ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:T&S Lawn & Landscaping, LLC If an LLC, list all member's names: Teana Ferguson, Stephen Ferguson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following, (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 T& S Lawn & Landscaping, LLC Agenda Item 9 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 T& S Lawn & Landscaping, LLC Agenda Item 9 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return C x Architect/ Landscape Architect/ xi Land Planner Contract Purchaser(if other than the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ or, purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • ElConstruction Contractors Craftsman Fencing • nEngineers/Surveyors/Agents Financing (include current Towne Bank n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I ��\ Legal Services Real Estate Brokers / C �( Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 T& S Lawn & Landscaping, LLC Agenda Item 9 Page 12 Disclosure Statement CERTI FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or m ting of any public body or committee in connection with this Applic, APPLI AN IGK ' PRINT NAME .a I DATE Page 5 of 7 T&S Lawn & Landscaping, LLC Agenda Item 9 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. T&S Lawn &Landscaping, LLC Agenda Item 9 Page 14 Item#9 T &S Lawn & Landscaping, LLC Conditional Use Permit(Bulk Storage Yard) 400 Davis Street District—Kempsville August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Sandloop:Yes ma'am. It is agenda item number nine, T & S Lawn & Landscaping LLC, an application for a Conditional Use Permit for a Bulk Storage Yard on property located at 400 Davis Street in the Kempsville District. Will the applicant or the applicant's representative, please step forward. Ms. Rucinski: Can you state your name for the record, please? Mr. Ferguson: My name is Stephen Ferguson. Ms. Rucinski: Can you go ahead and let us know about your application? Mr. Ferguson: The application for the conditional use permit,we're going to install a new building there, where the house was demolished on the data street side, and we're going to lease this out to a landscape company, not T & S, a different landscape company and we've agreed with. I guess, during this informal meeting this morning, they have eliminated the landscape on the lot 23 and the 27 side, but wanted us to put new landscaping, I mean, a new fence there, is that correct? Mr. Tajan: It is correct. Mr. Ferguson: And I have a question on why new fence there because there's a fence there currently, would be one of my questions. Other than that, I can agree with 1 landscaping on the lot 28 side and we already agreed to landscaping where the gate is. So I just have a question on why you would require me to take a fence that's currently there and replace it because it's a solid wood fence now and then the fence along, if you can go back one slide, that'd be awesome. The lot 23 sites, there's an existing chain link fence there that the building next to us is a mechanic repair shop. It's an old fire station that currently has a chain link fence there now and for us to put a fence right up against the fence that make a lot of sense, in my opinion. And there's a building on that side most of that side anywhere and it's not visible. You can't visibly see in that side of the yard from any part of the street. So I would ask that we recommend not putting a new fence on the back and keep the existing chain link fence on the corner that picture on the right side. Ms. Rucinski: Any questions? Mr. Weiner: So we rode out there last week and looked at it and we'd like to see things cleaned up. You're not the only one that this happens to,if you're going to go to bulk storage yard this happens to other people too. But I thought we're being fair about taking away the class six landscaping part of that because of the fact that there's something there already. There's an easement behind on the east side and to keep the fence from coming all the way into the garage door so wouldn't block the garage door for them to get out there. So we thought about that also. And I think it's fair what we've asked to do instead of having you landscape also just replace the fence because needs to be cleaned up a little bit. Mr. Ferguson: Okay, so we're talking about replacing this fence? 2 Mr. Weiner: That's right,but no landscaping that can get back right up to the easement to where the, well, I'm saying that correctly,right, Bobby,the property line because there's a drainage that's back there, the east fence. Mr. Tajan: It was my understanding with permission that you wanted a six-foot solid fence all the way around the property line and then the landscaping to be facing Davis Street right here and the north side there. Mr. Ferguson: Oh I am in agreement with all that, I'm happy that y'all made that change. Mr. Weiner: Okay. Mr. Ferguson: And I'll be more than happy that this side move the fence or. Mr. Weiner: It doesn't have to be six feet, this just enough it doesn't block the door. We agreed to that also because we don't want the door to be blocked that way you will have access out of the building. Mr. Ferguson: Exactly. Thank you. But we're going to be cleaning up the site. We're going through the plans, review stormwater and everything else to get the other building. So, you know, the cleanup of the whole thing for taking down some trees. So the property is getting cleaned up 100% and that back fence would be getting repaired. If I can have y'all that we would repair anything missing in that fence instead of replace? Mr. Weiner: Well, instead of having you a new fence and landscaping, we're taking the landscaping away. Mr. Ferguson: Okay. 3 Mr. Weiner: So we're taking a lot away from making you do that. Mr. Ferguson: Okay and then putting a fence here, yeah, as I understand it, you want me to put a six-foot solid fence here too against another fence. Ms. Rucinski: What's the other fence that's there? Mr. Weiner: Chain link. Mr. Ferguson: It's a chain link fence and building, like there's building two here, and then there's only chain link fence in the back. So if you go to the next slide, you can see that building that's there. Ms. Rucinski: I think part of the purpose of that is so that what's in the storage area is not visible from the neighbors and that's why they're asking for a solid fence. Mr. Weiner: Yeah, the nature of its bulk storage, and the idea is that you allow it in the area, it will be screened so people don't see what's being stored inside there. So that's the whole idea. So, you know, the idea of not having to landscape a couple of those areas seems like that's a practical thing to do and I see what you're saying about your chain link fence, but we still want the visual blockage so he could probably run up to the building. Mr. Ferguson: Okay. Mr. Weiner: If I get you what you need that would work, I would think. Mr. Ferguson: This is certainly going all the way down. Mr. Weiner: No reasons are on the fence next to the building. It's right on the property line. 4 Mr. Ferguson: Yes sir. There's about nine inches I think there. Mr. Weiner: You can tie into it somehow. I don't know. Mr. Ferguson: Yeah,me and the neighbor have, as far as I know,pretty good relationship, so yeah. I would be in agreement with that, I can do that. Okay. Ms. Rucinski: Any other questions for the applicant? Okay, thank you, next speaker. Mr. Ferguson: There are no speakers, ma'am. Ms. Rucinski: Okay. So there are no other speakers. We'll close this public hearing and open it up to comments from the Commission. Mr. Weiner: I second. Yeah, I just think it provides consistency in the quality of the materials and you complete screening around that. The bulk storage,you know, aspect of the property so I certainly concur with that what has been discussed. Ms. Rucinski: Did we have to change those conditions? Mr. Tajan: Yes. I think we need to go and clean that up. Ms. Smith, do you have a proposal? Ms. Smith: Yes. I believe it's been handed out to you. Mr. Tajan: So the condition should read, the solid fence shall be installed along the perimeter of the property with category six landscaping to be installed on the western and northern portions of the property line as depicted on the plan, is that correct Ms. Smith? Ms. Rucinski: This doesn't say. 5 Mr. Tajan: I know that doesn't say that. That's why I am trying to clarify. Ms. Smith: So it says the Category-six is required everywhere except along the eastern and the southern where all you have to do is a solid fence. Ms. Rucinski: I missed that exception. Ms. Smith: The Eastern and the southern. Is that right? Mr. Tajan: That's correct. Ms. Smith: Are you looking at what I'm looking at? Mr. Tajan: Yes. Ms. Smith: Okay. It may be able to be wordsmithed more clearly and we can work on that as long as we all agree to the concept, we'll figure out the correct language for you. Any questions about that? Ms. Rucinski: Okay, do we have a motion? Mr. Weiner: I move approval of the item with the changes to the condition number one? Ms. Rucinski: Second? Mr. Ripley: I will second and I also need to disclose, again the same information about the TowneBank that I have disclosed in item number four applies here too. Ms. Rucinski: Okay. Mr. Inman: Likewise. 6 Mr. Redmond:Likewise. Ms. Sandloop:Vote is open. By the recorded vote of 9-0 agenda item number nine has been approved with condition as amended. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ _ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER _ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE Conditions 1. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained around the perimeter of the Bulk Storage Yard as depicted on the exhibit entitled "Staff Recommended Site Layout," which has been exhibited to the City Council and is on file in the Planning Department along the northern and western boundaries of the Bulk Storage Yard. A new solid six-foot fence shall be installed and maintained along the eastern and southern boundaries of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. Storage containers shall not be stacked. 7 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/17/2019 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S S ERNDN CITY COUNCIL'S BRIEFINGS A. NAVAL AIR STATION OCEANA Captain Chad UPDATE Vincelette, Commanding Officer B. P4 INFORMATION Captain John Hewitt, Executive Officer- NAS Oceana II. CITY MANAGER'S BRIEFINGS QUARTERLY FLOOD CONTROL Toni Alger, PROJECTS UPDATE Stormwater Engineering Center Administrator HURRICANE SEASON/HURRICANE Erin Sutton,Director DORIAN AFTER ACTION REPORT -Emergency Management IlI/IVN/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI/A-E F. MINUTES September 03,2019 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 10,2019 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G. MAYOR'S PRESENTATIONS 1. RESOLUTION HONORING THE Lynnhaven River VICTIMS OF THE MAY 31,2019 Now TRAGEDY Karen Forget, Executive Director ADD ON CONSTITUTION WEEK H. PUBLIC HEARINGS I. LEASE OF CITY PROPERTY- 1 SPEAKER HAMPTON ROADS SOCCER COMPLEX 2185 Recreation Drive 2. NON-EXCLUSIVE FRANCHISE USE 1 SPEAKER PEG Bandwidth VA,LLC 3. OPEN AIR CAFE FRANCHISE 1 SPEAKER AGREEMENT Kamales,Inc.,t/a 9'"Street Grill at 812 Atlantic Avenue J.1 Ordinance to CONFIRM the Declaration ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y of a Local Emergency re Hurricane Dorian CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/17/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y LNOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN J.2 Ordinances to AMEND the City Code: a. Sections 23-50 and 23-50.1 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y accumulations of trash and garbage, excessive growth of weeds and grass,and removal of certain trees b. Section 35-68 re changes in circumstances ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y for the Elderly and Disabled Tax Relief Program c. Section 35-42 re Tax Exemption ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Programs Administered by the Commissioner of Revenue J.3 Ordinance to GRANT a Franchise Agreement to: a. PEG Bandwith VA,LLC re install, ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y maintain,and operate Telecommunication Facilities in the public streets and rights-of- way b. Kamales,Inc.,t/a 9th Street Grill at 812 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Atlantic Avenue re Open Air Cafe J.4 Ordinance to EXTEND the date to satisfy ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions re of closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive J.5 Ordinance to AUTHORIZE the City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an Amendment to the Lease Agreement between the City of Virginia Beach and Hampton Roads Soccer Council J.6 Ordinances to APPROPRIATE an interest ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y free loan from fund balance re purchase of a new ambulance a. $154,002 to Plaza Volunteer Fire Company and Rescue Squad,Inc. b. $244,752 to Chesapeake Beach Volunteer Fire Company and Rescue Department, Inc. c. $180,000 to Kempsville Rescue Squad, Inc. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/17/2019 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 B C D N OM 0 0 L W O 0 C Y L NOUW S 0 T T HE E E S S E 00 E T I R Y S S E R NDN J.7 Ordinances to ACCEPT and APPROPRIATE: a. $25,000 from the FY 2019-20 Supreme ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Court of Virginia Drug Treatment Court CONSENT Docket Grant to the FY 2019-20 Commonwealth Attorney Operating Budget re care for VBADTC participants and to AUTHORIZE an In-Kind Grant Match b. $15,000 from the Twelfth Annual ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Business Appreciation CONSENT Charity Golf Classic and Networking Reception and AUTHORIZE three(3) equal donations to The Health Science Academy at Bayside High School, EnvisionLeadGrow,Inc.,and The Entrepreneurship and Business Academy at Kempsville High School c. $52,000 from the Virginia Department of ADOPTED 1 1-0 Y Y Y IY Y Y Y Y Y Y Y Motor Vehicles to the FY 2019-20 Police Department Operating Budget re Click-It- Or-Ticket campaign d. $48,000 from the Virginia Department of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Motor Vehicles to the FY 2019-20 Police Operating Budget re DUI Enforcement K. APPOINTMENTS: RESCHEDULED B Y CON S EN S U S 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/17/2019 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W O O C Y LNOUWS 0 T T HEE E S S E O O E T I R Y S SERNDN HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L/M/N ADJOURNMENT 6:42 PM