Loading...
12-3-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.141A4E4c MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 JESSICA P.ABBO7T,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 U V' ►_,; j a BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large AARONR.ROUSE,At Large °° OUR .. °"s GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS L.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR December 3,2019 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- 2:30 PM A. JAIL AND RE-ENTRY SERVICE COORDINATION PATHWAY Aileen Smith, Director—Human Services Angela Hicks, Deputy Director—Behavioral Health/Development Services B. 2020 BOND REFERENDUM David Bradley, Acting Deputy City Manager Alice Kelly, Director—Finance Kevin Chatellier, Co-Acting Director—Budget and Management Services Phil Pullen, City Engineer—Public Works Phillip Koetter, Operations Engineer—Public Works C. INDIAN RIVER/KEMPSVILLE ROAD PROJECT David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 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: Reverend Beth Anderson Courthouse Community United Methodist Church 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 November 19, 2019 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION BOY SCOUTS DAY 2. CITY HALL REPLICA PLAQUE HONORING BLACK LAW ENFORCEMENT PIONEERS Chief James Cervera- Police H. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1.50+ acres at the intersection of Burton Station Road and Tolliver Road as follow: a. 1012 Finney Circle b. 1020 Finney Circle c. 5837 Burton Station Road d. 5841 Burton Station Road e. Thirty(30') square foot portion of private right-of-way known as Finney Circle 2. PROPOSED PROPERTY TAX EXEMPTIONS a. 99ForThe 1 b. African American Cultural Center, Inc. c. Cornerstone Property Ventures, LLC d. Courthouse Area Charity e. DC Art Institute of Virginia Beach, LLC f. DC South University of Virginia, LLC g. Eliza Hope Foundation h. Free Foundation for Rehabilitation Equipment and Endowment i. In Home Health j. Irockmyscars k. Millspaugh Missions International 1. PACH, LLC m. The Red Horse Running Equine Foundation n. Sandler Center for the Performing Arts Foundation, Inc. o. THSB, LLC p. Virginia Beach Art Center q. Virginia Gentlemen Foundation r. Victory Innovation Christian Academy s. Virginia Sports Hall of Fame I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to TRANSFER$367,000 within the Operating Budget of the Tourism Investment Program (TIP)re replacement of vehicles and heavy machinery for beach operations 2. Ordinance to APPROPRIATE $26,079,152 from the FY 2018-19 School Reversion Funds and ESTABLISH CIP #1-024 "Lynnhaven Middle School Expansion" in the FY 2019-20 Capital Improvement Program(CIP) K. PLANNING 1. GEE'S GROUP, LLC/ PRINCESSBORO DEVELOPMENT COMPANY, INC., for a Conditional Use Permit re mini warehouse at 1964 Fisher Arch DISTRICT 7 — PRINCESS ANNE(Deferred from November 19, 2019) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 pmcgrawc vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:30 PM A. JAIL AND RE-ENTRY SERVICE COORDINATION PATHWAY Aileen Smith, Director—Human Services Angela Hicks, Deputy Director—Behavioral Health/Development Services B. 2020 BOND REFERENDUM David Bradley, Acting Deputy City Manager Alice Kelly, Director—Finance Kevin Chatellier, Co-Acting Director—Budget and Management Services Phil Pullen, City Engineer—Public Works Phillip Koetter, Operations Engineer—Public Works C. INDIAN RIVER/KEMPSVILLE ROAD PROJECT David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 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: Reverend Beth Anderson Courthouse Community United Methodist Church 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 November 19, 2019 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION BOY SCOUTS DAY 2. CITY HALL REPLICA PLAQUE HONORING BLACK LAW ENFORCEMENT PIONEERS Chief James Cervera- Police \� Zoy99�a OF OUR NAO° to clamatt on Whereas: Tor aver one hundred years, the mission of the Boy Scouts of America has been to build character, develop physical fitness, teach practical skills, promote community service and prepare young people to make ethical and moral choices over their lifetimes 6y instilling in them the values of the Scout Oath and Law; and Whereas: 'Former Scouts have 6ecome leaders in all fields, including business, education and government, and the values they have learned through scouting have given them the confidence and knowledge to realize their full potential-as active and responsible citizens;and Whereas: Since 1911, the'Tidewater Council;Boy Scouts of America has 6een responsible for providing the scouting program in an area that now includes southeastern Virginia, including the City of Virginia Beach, and northeastern North Carolina;and- Whereas: One of the major objectives in Scouting is to develop citizenship through a value-6asedfamily youth program focused on community involvement;and Whereas Scouts routinely provide community service throughout the Council;including on 6ehalof Virginia Beach schools and community service organizations;and Wow(TJ erefore, 1Wo6ert M. Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: (Decem6er 3, 2019 Boy Scouts Day In Virginia Beach,and encourage all citizens to educate themselves about the opportunity for service through the (Tidewater Council; Inc., Boy Scouts of America and further expresses my appreciation to the (Tidewater Council; its mem6ers and volunteers for their interest in and dedication to the youth of the City of Virginia Beach In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affi.vd this Third day of December 2019. 1&o6ert M. "Bo66y'Dyer Mayor 5 H. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1.50+acres at the intersection of Burton Station Road and Tolliver Road as follow: a. 1012 Finney Circle b. 1020 Finney Circle c. 5837 Burton Station Road d. 5841 Burton Station Road e. Thirty(30') square foot portion of private right-of-way known as Finney Circle 2. PROPOSED PROPERTY TAX EXEMPTIONS a. 99ForThe 1 b. African American Cultural Center, Inc. c. Cornerstone Property Ventures, LLC d. Courthouse Area Charity e. DC Art Institute of Virginia Beach, LLC £ DC South University of Virginia, LLC g. Eliza Hope Foundation h. Free Foundation for Rehabilitation Equipment and Endowment i. In Home Health j. Irockmyscars k. Millspaugh Missions International 1. PACH, LLC m. The Red Horse Running Equine Foundation n. Sandler Center for the Performing Arts Foundation, Inc. o. THSB, LLC p. Virginia Beach Art Center q. Virginia Gentlemen Foundation r. Victory Innovation Christian Academy s. Virginia Sports Hall of Fame -I• se pUBUC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 3,2019,at 6:00 p.m.,in the Council Chamber of City Hall (BIdg.1) at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and authorized for sale to Seniors Unlimited Lifestyles,Inc. Approximately 1.50 acres of property located at the intersection of Burton Station Road and Tolliver Road as follows: 1. 1012 Finney Circle(GPIN: 1458-88-2715),consisting of 28,544±sq.fL 2. 1020 Finney Circle(GPIN: 1458-88-2897),consisting of 8,198±sq.fL 3. 5837 Burton Station Road (GPIN:1458-89-3052), consisting of 11,062±sq.ft 4. 5841 Burton Station Road (GPIN:1458-89-2090-5841), consisting of 9,430±sq.fL 5. 30'private right-of-way known as Finney Circle(GPIN:1458- 89-2065),consisting of 7,913±sq.fL If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to Department of Housing & Neighborhood Preservation, 2424 Courthouse Drive, Building 18A, Virginia Beach, VA 23456, (757) 385-5750(korochiltvbgov.com)• All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:November 24,2019 CITY OF VIRGINIA BEACH NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation by Designation On Tuesday, December 3, 2019 at 6:00 pm in the Council Chamber on the second floor of the City Hall building,Municipal Center,Virginia Beach,Virginia,the City Council of the City of Virginia Beach will hold a public hearing on an ordinance to exempt (all amounts rounded to the nearest dollar):99ForThe1,which has a personal property assessment of $1,600 and taxes assessed at$26;African American Cultural Center,Inc., which has real property assessed at$1,671,100 and taxes assessed at $17,154; Cornerstone Property Ventures, LLC, which has real property assessed at $5,478,000 and taxes assessed at $55,739; Courthouse Area Charity, which has real property assessed at$912,800 and taxes assessed at$9,219; DC AR Institute of Virginia Beach, LLC, which has personal property assessed at$2,797,612 and taxes assessed at$44,762;DC South University of Virginia, LLC, which has a personal property assessment of $3,075,604 and taxes assessed at$49,210;Eliza Hope Foundation,which has a personal property assessment of 15,000 and taxes assessed at$240;Free Foundation for Rehabilitation Equipment and Endowment, which has a personal property assessment of$17,600 and taxes assessed at$282;In Home Health,LLC,which has a personal property assessment of$98,001 and taxes assessed at$1,568; Irockmyscars, Inc.,which has a personal property assessment of $1,583 and taxes assessed at $25; Milispaugh Missions International, which has personal property assessed at$12,850 and taxes assessed at$514;PACH,LLC,which has a real estate assessment of$1,567,300 and taxes assessed at$19,584;The Red Horse Running Equine Foundation, which has a personal property assessment of$2305 and taxes assessed at $37; Sandler Center for the Performing Arts Foundation,Inc., which has personal property assessed at$115,215 and taxes assessed at $1,843;THSB,LLC,which has a real estate assessment of$366,700 and taxes assessed at$3,731;Virginia Beach Art Center,which has personal property assessed at $25,361 and taxes assessed at $406; Virginia Gentlemen Foundation, which has a real estate assessment of $4,650,000 and taxes assessed at $46,625;Victory Innovative Christian Academy,which has personal property assessed at$4,600 and taxes assessed at$74;Virginia Sports Hall of Fame,which has a personal property assessment of$3,073 and taxes assessed at$49. A copy of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. 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,call Virginia Relay at 1-800-828-1120. Amanda Barnes,MMC City Clerk Beacon:Sunday,November 24,2019 (� Sl � +J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring five (5) parcels of land located at the intersection of Burton Station and Tolliver Roads (GPINs 1458-88-2715, 1458-88-2897, 1458- 89-2090, 1458-89-3052, 1458-89-2065) to be in excess of the City's needs and authorizing the City Manager to sell same to Seniors Unlimited Lifestyles Inc. PUBLIC HEARING DATE: December 3, 2019 MEETING DATE: December 10, 2019 ■ Background: The City acquired five (5) parcels of land at the intersection of Burton Station and Tolliver Roads (collectively, the "Properties") as part of several Burton Station Road improvement projects, most recently the Burton Station Road Improvements Project, CIP 9-081 .003 (collectively hereinafter, the "Project") between 1996 and 2016. The Properties encompass the residual area remaining after the City acquired right-of-way and easements for the Project. The City acquired the residual land voluntarily. After deducting the necessary right-of- way, the Properties total approximately 65,147 sq. ft. The senior and disabled facility located across Tolliver Road at 5827 Burton Station Road is owned by SUL Tranquility Lakes, LLC, a partnership with Seniors Unlimited Lifestyles Inc. (collectively hereinafter "SUL"). City Council approved a Conditional Use Permit for a three-story, 40-unit senior and disabled persons housing facility in 2010 on this parcel. In 2012, Council modified that Conditional Use Permit to allow certain family members of the disabled persons to live in the facility. If Council authorizes the sale of the Properties to Seniors Unlimited Lifestyles, Inc. ("Seniors"), this land will allow Seniors to create another affordable senior housing development similar to SUL's facility across Tolliver Road. This proposal is compatible with the Burton Station SGA Plan. • Considerations: Seniors has agreed to purchase the Properties for the appraised value of $715,000. The Properties shall be sold "as is." The proposed development fulfills a need for senior and disabled housing in the City. The proceeds from the sale of the Properties will be deposited in Various Site Acquisition III, CIP 3-153. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on December 3, 2019. • Alternatives: Retain ownership of the Properties. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Housing and Neighborhood Preservation, City Manager 1 AN ORDINANCE DECLARING FIVE (5) PARCELS 2 OF LAND LOCATED AT THE INTERSECTION OF 3 BURTON STATION AND TOLLIVER ROADS (GPINS 4 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458- 5 89-3052, 1458-89-2065) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO SENIORS 8 UNLIMITED LIFESTYLES INC. 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of five (5) 11 parcels of land totaling 65,147± sq. ft. (collectively, the "Properties") located at the 12 intersection of Burton Station and Tolliver Roads, and more particularly described on 13 Exhibit "A" attached hereto and made a part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to various Burton 16 Station Road improvement projects, most recently the Burton Station Road 17 Improvements Project, CIP 9-081.003; 18 19 WHEREAS, SUL Tranquility Lakes, LLC., a partnership with Seniors 20 Unlimited Lifestyles, Inc. (collectively hereinafter "SUL") owns the neighboring property 21 at 5827 Burton Station Road, which SUL has developed with housing for seniors and 22 disabled persons; 23 24 WHEREAS, Seniors Unlimited Lifestyles, Inc. ("Seniors") has agreed to 25 purchase the Properties for $715,000; 26 27 WHEREAS, Seniors will utilize the Properties to build a senior and 28 disabled persons housing facility to prescribed standards acceptable to the City, and in 29 conformity with a Conditional Use Permit, as approved by Council; 30 31 WHEREAS, Seniors will purchase the Properties in accordance with the 32 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 33 34 WHEREAS, the City Council is of the opinion that the Properties are in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Properties, as more particularly described on Exhibit "A", are 41 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 42 City Manager is hereby authorized to execute any documents necessary to convey the 43 Properties to Seniors Unlimited Lifestyles, Inc. in accordance with the attached 44 Summary of Terms and such other terms, conditions or modifications as may be 45 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that the revenue from the sale of the Properties in the amount of 48 $715,000 shall be received and appropriated to Various Site Acquisition III, CIP 3-153. 49 49 This Ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2019. CA14669 R-1 11/20/19 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d020\p032\00604004.doc APPROVED<� 4vv- n/ AS TO CONTENT APPROVED AS O CONTENT ,leaf Public Works/Real Estate Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY Ci y A rney s ice Bud et & Management Services EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: 1012 Finney Circle GPIN 1458-88-2715: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INST. #20130102000003920 INST. #20121221001461910 1458-88- 2715-0000" and further designated as "RESIDUAL AREA OF GPIN 1458-88-2715," as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY HEREBY ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated April 19, 2018 and revised through January 8, 2019, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, 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 from Kay Z. Kesser by Deed dated December 18, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20130102000003920. Parcel 2: 1020 Finney Circle GPIN 1458-88-2897: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH AREA = 8,198 S.F. OR 0.1882 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH 8,198 SQUARE FEET 0.1882 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY AND PROPERTY TO BE ACQUIRED FROM ROBERT L. ELLIOTT & HELEN TYLER BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11 , 2011 and revised through September 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130927001160920, 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 Robert L. Elliott and Helen Tyler dated September 18, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130930001163420. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by Deeds of Confirmation dated September 18, 2013 from Earl Littleton Elliott, Jr. recorded in the aforesaid Clerk's Office as Instrument Number 20160815000718630; from Romona S. Corprew as Instrument Number 20160809000693760; and from Adrian T. Elliott as Instrument Number 20160727000644160. Parcel 3: 5837 Burton Station Road GPIN 1458-89-3052: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INSTRUMENT #20131017001240220 INSTR#20131016001232250(PLAT) 1458- 89-3052" and further designated as "RESIDUAL AREA OF GPIN 1458-89-3052," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated August 29, 2016, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180226000152270, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20161026000968630, 20160726000641970, and 20160805000683460. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 930 S.F. OR 0.0213 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 930 SQUARE FEET 0.0213 ACRES," as shown on the aforesaid plat. 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 from Alphonso Elliott, Executor of the Estate of Martha Virginia Elliott by Deed dated October 9, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20131017001240220. Parcel 4: 5841 Burton Station Road GPIN 1458-89-2090: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3617, PG. 652 D.B. 429, PG. 271 (PLAT) 1458-89-2090" and further designated as "RESIDUAL AREA OF GPIN 1458-89-2090 9,430 SQUARE FEET 0.2165 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY HEREBY ESTABLISHED AND EASEMENTS TO BE CONVEYED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081 .003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11, 2011 , and revised through February 25, 2014, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150204000104180, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160630000559760, 20160726000642000, and 20160627000547020. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED AREA = 750 S.F. OR 0.0172 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED 750 SQUARE FEET 0.0172 ACRES," as shown on the aforesaid plat. 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 from George W. Elliott and Jennie A. Elliott, husband and wife, by Deed dated January 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 3617, at page 652. Parcel 5: Private Right of Way GPIN 1458-89-2065: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED AREA = 7,913 S.F. OR 0.1817 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED 7,913 SQUARE FEET 0.1817 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM GEORGE W. ELLIOTT BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated March 18, 2013 and revised through March 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130328000360010, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160412000297120, 20160804000675130, and 20160602000468670. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 450 S.F. OR 0.0103 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 450 SQUARE FEET 0.0103 ACRES," as shown on the aforesaid plat. 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 from George W. Elliott by Deed dated April 4, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130423000463620. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT BURTON STATION ROAD GPINS: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065 SELLER: City of Virginia Beach PURCHASER: Seniors Unlimited Lifestyles, Inc. PROPERTY: 65,147± sq. ft. of land located at the intersection of Burton Station Road and Tolliver Road; GPINs: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065; more particularly described on Exhibit A. SALE PRICE: $715,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." Without limiting the foregoing, the City will only quitclaim its interest in and to GPIN 1458-89-2065 and it is the Purchaser's responsibility to ascertain and clear any rights of others to this property identified as a "private road." • The Purchaser may create a related company to take title, and City will allow Purchaser to assign its rights under the purchase agreement to a related legal entity for this purpose, subject to the City's prior approval. • If Purchaser is unable to obtain financing by December 2020, the contract may be terminated or extended by agreement of the parties for one year. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Properties unsuitable for Purchaser's intended use. • Purchaser shall, at its cost, resubdivide the Properties and vacate interior lot lines. • Purchaser shall bear all costs of development. • Purchaser shall construct a senior and disabled persons housing facility on the Properties. • Purchaser agrees to dedicate easements on, over and across the Properties as necessary for the Burton Station Road and/or Tolliver Road Improvements Project at no cost to the City. • Approval of this sale shall be revoked if closing has not occurred on or before December 3, 2022, unless extended by City Council prior to such date. v c z _ — � o 0401011r: . %'. ? ce O� N O / O O /1/ >" Ill li 2 'N/J• I— } � O� a '0coLLI 0 •40 � � w M Oy\� J� co a20 '� Q� O`�,�P �ill 5 W H r o yOJ ,t2 .< ) \40 m 2 a.." 40 W O oz 10 LLI �Z(� gitUOp ow ,„, o, g I O alt,` 20,Eo O 0'� x IS- • I 40 0- 2 * ** U °' Z N N Cri N W r d \ LIJ co U_ N U o t11 I� N O 111 J z %-1 01 In C71 l� 23 0 �`a�s�`O N. ONO O O O N � o sQ z I I CO 1 1 o.a , 00 00 al Ol Ol O J rn �� CO CO CO 00 00 T z a) 00 00 00 00 00 D = rn L11 Lf1 Ln Lf1 L11 a co Ca w W 3�-� ` w i, .- '�j 1 N enLn I a ,.. Ell • w � r Y t ( C) E Z � � v �:osS' ,cam,. r� ,§� r. it a) �s r Y f `c >- W a) N P V,: _ G� t� W o0 � ( C LL N o .' RSO - .':-.'°,11;.: .",q:',-t ' €‘;',‘"4 '-, --%- _-:- 4It •'-*.;.--. \A ,- .".-'" 0 , . C c O a O- Z o W - W o tit ¢u O o Ec a ' �� W,...,..1 4111111111111\ 111.1111° ,.„.ii...,,,... ,..... 14._ . ' 111 '4%, LL ti t 114444, .',.../ .irliT: _ .----r-, :' O iillip , (n N 0 3 6 xAlt w m N r-i 01 Ln CT) lD W �n N 00 O O O TD '.� * ZN N M N N - a` --. — 000 000 Ol0 0O0 000 a— a 00 00 00 CO 00 LP) Lf) L() Lf Ll n in n w Ct o o r-I r-I r-1 r-i r-I a- O d W _ Z _ = U cn U a 0 d m • NB Virginia Beach APPLICANT'S NAME_ seniors Unlimited Lifestyles, 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 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 Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). 2 ,,,,„APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE //.29//1 1 t g 0 REVISIONS SUBMITTED DATE Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Seniors Unlimited Lifesttrlesl Inc. 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) Angela Whitehead, CEO; Kedron A. Springer, President; Gerald Porter,Vice President; Brenda Arrington, Secretary; Evelyn Cooper, Treasurer;Joyce Fitzgerald, Board Member; Monique Hitchcock, Board Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) not applicable See next page for information pertaining to footnotes and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑X 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:Cii of Virginia Beach If an LLC, list the member's names: Page 2 of 5 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) not applicable "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 anv 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 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® ❑ Accounting and/or preparer of Patricia Bullock Tax Services your tax return ❑ Architect / Landscape Architect / Arnold Design Studio Land Planner Colin Arnold,AIA, LEED Contract Purchaser (if other than ❑ x❑ 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) ❑X ❑ Construction Contractors Peacock Holland Construction Todd Peacock _,_ x❑ ❑ Engineers / Surveyors/ Agents Site Improvement Associates Financing (include current Tax Credit Equity; Virginia ❑ ❑ mortgage holders and lenders Community Development Corp; selected or being considered to VHDA; DHNP-HOME Funds provide financing for acquisition or construction of the property) ❑ Legal Services Springer Law Group Real Estate Brokers / Sharon Prescott with Beach South ❑ ❑ Agents/Realtors for current and Realty 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 5 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)46.igaii Angela Whitehead, CEO 09/25/2019 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: 99ForThe1 Website: https://www.99forthel.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY 99forthe1 is a homeless ministry operated in the City of Virginia Beach. The organization operated a mobile ministry from vehicles purchased by the founders. The residence is used for admin purposes only, all located items are housed in a storage unit until needed. This entity provides, food, clothing, and personal hygiene. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,600.00 Tax: $25.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 30, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: African American Cultural Center, Inc Website: https://www.aaccvb.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The African American Cultural Center was organized to provide opportunities for everyone to learn about African American Culture, explore and revel in its history, current experiences and future possibilities. The AACC purpose is to share the essential role African American culture played in the history if our City, region and State, and reinforce the impact of the African American struggle for civil rights and its influences on freedom struggles regionally and around the world. The AACC accomplishes these objective through grants, donations, and fundraising activities. TAX IMPACT Real Property Parcel 14684217660000 Assessment: 357,500.00 Tax: 3,788.30 Assessment: 1,313,600.00 Tax: $13,365.88 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 18, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Cornerstone Property Ventures LLC Website: https://www.vbcdc.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Cornerstone Property Ventures, LLC in a single member LLC wholly owned by Virginia Beach Community Development Corp a 501.c.3 organization. This entity manages properties for low-income families and disabled veterans. The organization is also requesting the exemption for the current tax year. TAX IMPACT Real Property Parcel Assessment: 5,478,000.00 Tax: $55,738.66 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August 1987 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Courthouse Area Charity Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY This non-profit charitable organization provides a meeting place for organizations that do not have a place to meet, Princess Anne Masonic lodge, Boy Scouts, Church Organizations are just a few of the groups that used the building. The organization receives its income from the organizations using the building, donations, and planned future fundraisers. The organizations leases the land the building was constructed on from the Princess Anne Masonic Lodge and all of the personal property is owned by the lodge. Entity is seeking a current year exemption. TAX IMPACT Real Property Parcel Assessment: 912,800.00 Tax: 9,219.28 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August 3, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC Art Institute of Virginia Beach, LLC Website: www.artinstitutes.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Art Institute of Virginia Beach, LLC is a private institute of learning offering bachelor degrees, associate degrees, diploma's and certificated in the field of applied arts. They offer courses in visual design, photography, culinary, fashion, and animation and effects. Student come to Art Institutes with a natural artistic ability, and our instructors help them strengthen those skills and guide their professional growth and maturity. Faculty and students are involved in numerous local events, and believe in giving back to the community by supporting various charitable events. Students and faculty have participated in events at the Food Bank, the Children's Hospital of the King's Daughters, the Gosport Arts Festival, the Virginia Opera, the Hispanic Chamber of Commerce, and the Judeo-Christian Outreach Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,797,612 Tax: $44,761.79 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — October 26, 2010 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC South University of Virginia, LLC Website: www.southuniversity.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY South University is a private academic institution dedicated to providing educational opportunities for the intellectual, social, and professional development of a diverse student population. To achieve this purpose,the institution offers focused and balanced curricula at the associate's, baccalaureate, master's and doctoral levels. A broad-based core curriculum is offered, promoting critical thinking, effective verbal and written communication, and skills for life-long learning. Additionally, the University focuses on developing the requisites to pursue and appreciate knowledge. They offer undergraduate, graduate, masters, and doctoral degrees. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,075,604 Tax: $49,209.66 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 26, 2010 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Eliza Hope Foundation Website: https://elizahope.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Eliza Hope Foundation and Therapy Center is a place for children and families affected by autism. They provide these special needs children with the specialized education needed for them to grow in an educational and social setting. This is accomplished by providing a center where parents can bring their children to receive specialized care from various specialists in a one stop center. They provide educational training, testing, and support groups for children and families that have children with autism and other developmental delays. Their mission is to provide a center that meets the needs of children with autism spectrum disorder and other developmental delays. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $15,000.00 Tax: $240.00 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 2, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Free Foundation for Rehabilitation Equipment and Endowment Website: http://www.free-foundation.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Free Foundation is a volunteer led non-profit organization that provided mobility rehabilitation equipment to help people re-gain their mobility and independence. They collect, sanitize, repair, and gift donated mobility equipment to uninsured and underinsured adults in Virginia. When the foundation gifts equipment the number of reported falls and insurance costs drop b over 80%. When those in need regain their mobility and independence Virginians save millions of dollars annually. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $17,600.00 Tax: $281.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status —March 22, 2004 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION- ENTITY NAME: IN HOME HEALTH, LLC Website: https://www.heartlandhospice.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY In Home Health, LLC maintains and operates hospice and home health care agencies. In addition it carries on other activities to promote, sponsor, develop and operate programs and activities for the care and treatment of the sick, infirm, convalescent and aged. This company is a disregarded subsidiary of HCR ManorCare, Inc., a wholly owned subsidiary of ProMedica Health Systems. ProMedica Health Systems is a mission-based, not for profit integrated health care organization. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $98,001 Tax: $1,568.020 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 20, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Irockmyscars, Inc Website: N/A only Facebook and Instagram SUMMARY OF NONPROFIT BUSINESS ACTIVITY Inspiring survivors by promoting positive body image through fashion, art and music through visible and invisible scars. When you look good you feel good. This organization encourages individuals to live life to the fullest. We provide a clothes closet, pantry, scholarships, transitional housing,job assistance, dance classes, and self-esteem boosters and more. Ms. Parker is a 2 time breast cancer survivor. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,583.00 Tax: $25.33 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 26, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Millspaugh Missions International Website: NONE SUMMARY OF NONPROFIT BUSINESS ACTIVITY Millspaugh Missions International is a small faith based organization established to spread the word of Jesus Christ and support missionaries. Currently the Millspaugh's are serving as missionaries and are using this non-profit entity to support their calling. They direct evangelism efforts through missions utilizing church crusades, concerts, movies, street evangelism, door to door visitations, open air and tent meetings. TAX IMPACT Real Property Parcel Assessment: None Tax: 0.00 Business Property Assessment: None Tax: 0.00 Personal Property Assessment: 12,850.00 Vehicle Tax: $514.00 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 14, 2002 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PACH, LLC Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY PACH, LLC is a disregarded single member LLC of the Princess Anne Courthouse Volunteer Rescue Squad. This entity owns the property and building at 961 S. Birdneck Road and is the current meeting for the rescue squad. TAX IMPACT Real Property Parcel Assessment: 1,567,300.00 Tax: $19,584.48 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 29, 1997 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Red Horse Running Equine Foundation Website: https://www.facebook.com/RedHorseRunning/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Providing sanctuary to abused, neglected, and slaughter bound equine. Working to keep wild horses & burros wild and free. They assist equine owner with hay and feed during times of hardship and assist with maintaining barns and buildings on property housing equine. They are 100%volunteer driven. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,305.00 Tax: $36.88 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—December 21, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Sandler Center for the Preforming Arts Foundation, Inc. Website: http://www.sandlercenter.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Sandler Center Foundation's mission to educate, inspire, enrich and build our community, strengthen local arts organizations, and instill an appreciation of the arts in future generations through the underwriting of world class performances at the Sandier Center. The foundation works to fulfill.,the mission through three pillars: education, outreach, and performance underwriting. Education: Over 20,000 students service through live educational matinee programing at the Sandler Center through participation in NAS Oceana Stem Lab. 14,633 student in pre K-8th grade attended education program matinees 81%were provided full funding through the Foundation. For additional information see question 2 of the application. Outreach: Partnered with Armed Services Arts Partnership (ASAP) Local Heroes Program provided tickets to Gold Star Families Hosted first sensory friendly performance "A Sick Day for Amos McGee". Performance Underwriting: Partnered with Virginia Arts Festival to bring Renee Fleming to the Sandler Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $115,215.00 Tax: $1,843.44 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 7, 2005 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: THSB, LLC Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY THSB is a disregarded single member LLC of the Virginia Beach Public Schools Education foundation. This entity owns real property that is used by the Technical and Career Education Center to teach its students trade skills necessary to work in the construction industry. Some of the trade work is subbed out to area contractors such as block and foundation work, but trade work such as carpentry, electrical, HVAC, and plumbing are done by the students. This entity is requesting the exemption include the current tax year. TAX IMPACT Real Property Parcel Assessment: 366,700.00 Tax: $3,731.18 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 21, 1996 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Beach Art Center Website: http://www.artcentervb.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia Beach Art Center is a volunteer run organization formed to provide an educational and supportive environment that inspires people of all ages and skill levels to experience, engage with, and create art. They fulfill their mission by bringing together the Artist Gallery, the Pottery Program, Art Exhibitions, and classes with a full program of events and activities to engage the community. This organization raises money through donations, educational classes and exhibitions. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: 25,361.00 Tax: $405.80 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 7, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Gentlemen Foundation Website: https://www.vagentlemen.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia Gentlemen Foundation is a 501 (c)3 organization established to raise funds and local awareness for ALS (Lou Gehrig's Disease). Since inception the organization has raised over 3 million dollars to help fight and find a cure for ALS. In 2007 the organization raised fund for Grommet Island a park/playground at the oceanfront for disabled children. 2017 the organization embarked on a camp for wounded veterans, families of the fallen, and adults and children with disabilities or special needs. Camp Grom is now open and is run through the YMCA all FF&E at the camp is the property of the YMCA. TAX IMPACT Real Property Parcel Assessment: 4,650,000 Tax: 46,625.28 Business Property Assessment: 0.00 Tax: 0.00 Personal Property Assessment: 0.00 Vehicle Tax: 0.00 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 3, 2008 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Victory Innovative Christian Academy Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Victory Innovative Christian Academy offers learning assistance to children with special needs. The age group targeted by this organization is ages 11 to 18. They assist parents with home schooled children who may need additional assistance with education from learning disabilities. They also offer tutoring assistance to mainstream public school children in middle and high with IEP's. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $4,600.00 Tax: $73.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 2007 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Sports Hall of Fame Foundation, Inc. Website: https://vasportshofcom/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY This organization operates the Virginia Sports hall of Fame museum. The organization celebrates the accomplishments of athletes from the state of Virginia. The memorabilia is collected and staged at various locations across the City of Virginia Beach. The organization raises money through grants, donations, and fundraising activities. Virginia athletes are inducted by a ceremony sponsored by the organization annually. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,073.00 Tax: $49.20 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 6, 2006 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to TRANSFER $367,000 within the Operating Budget of the Tourism Investment Program (TIP)re replacement of vehicles and heavy machinery for beach operations 2. Ordinance to APPROPRIATE $26,079,152 from the FY 2018-19 School Reversion Funds and ESTABLISH CIP #1-024 "Lynnhaven Middle School Expansion"in the FY 2019-20 Capital Improvement Program(CIP) I Y c, B. L 4fU 1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funding within the Operating Budget of the Tourism Investment Program for Beach Operations Equipment MEETING DATE: December 3, 2019 • Background: The Department of Public Works is requesting a total of $367,000 to be transferred within the Beach Operations Tourism Investment Program (TIP) operating budget. Five vehicles/pieces of heavy equipment need to be replaced this fiscal year to support resort area infrastructure and beach maintenance. It was not anticipated that these vehicles would need to be replaced within FY 2019-20. However, three of these vehicles, the Freightliner, the Skid Steer Loader, and the Land Pride Blade, are experiencing unexpected engine failure and will need to be replaced prior to the start of the summer season. The other two pieces of equipment are vacuum leaf cleaners that were purchased in 1993 and are beyond their useful life. They will be replaced with a John Deer Gator and a Toro Dingo which will enhance service delivery at the Oceanfront beyond the capabilities of the current equipment. Once the transfer of funding is approved, the City Garage will be able to order the replacements in time for the summer season. The items that will be replaced, their estimated replacement costs; and the original year of purchase are as follows: Equipment Estimated Year Cost Freightliner 4x4 $254,000 2003 Toro Dingo 1000 $34,000 1993 John Deer Gator $17,000 1993 Skid Steer Loader $50,000 2000 Land Pride Blade $12,000 2003 Each of these pieces of equipment are vital to service delivery in the Resort Area, and without this transfer, the City Garage will be unable to purchase the equipment. The TIP Fund can be used for the replacement of vehicles and heavy machinery for Beach Operations. • Considerations: Within the last several fiscal years, Beach Operations has increased service delivery in the Resort Area. Replacement of these vehicles will prevent interruptions to service delivery due to vehicle failure. In FY 2020-21 , anticipated vehicle replacements will be budgeted within the proposed Operating Budget. Sufficient funding is available within the TIP Fund to support this purchase; however, due to the cost and purpose of the items, the funding must be transferred into a capital outlay account. • Public Information: Normal City Council agenda process. • Recommendations: Adopt attached ordinance • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works City Manager: L. 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE OPERATING BUDGET OF THE TOURISM 3 INVESTMENT PROGRAM FOR BEACH OPERATIONS 4 EQUIPMENT 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That $367,000 is hereby transferred from the Tourism Investment Program's 10 reserve for contingencies to capital outlay accounts for the purchase replacement 11 equipment for beach maintenance. 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: Bud et and Management Services Off ce CA14927 R-1 November 7, 2019 ci\pL4B41-, ,C� Wit•'`�� (li S)) i a•Mr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate FY 2018-19 School Reversion Funds and Establish Capital Project 1-024 Lynnhaven Middle School Expansion in the FY 2019-20 Capital Improvement Program MEETING DATE: December 3, 2019 • Background: On September 24, 2019, the School Board was presented a summary of the un-audited financial statement for FY 2018-19 in which $26,824,198 of appropriations lapsed and reverted to the City's General Fund; additionally, actual revenues subject to the revenue sharing formula fell short of budgeted amounts. Of this shortfall, $745,046 was deducted from the revenue sharing formula, generating a net balance of$26,079,152 available for reversion. In the past, City Council has appropriated such funds to the School System. Under City Council policy, the Schools can only apply these funds to one-time obligations. In 2003 at the request of the School Board, the City Council approved an ordinance, which established in the City's accounting structure the "School Reserve Special Revenue Fund". At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of this Fund (the "Policy"). The Policy provides the purpose of the fund is to allow the School Board to be "in a better position to respond to (i) unexpected shortfalls in state or federal revenues, (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (iii) other fiscal emergencies. The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this fund". As of June 30 2019, the School Reserve Special Revenue Fund had an un-audited balance of$17,299,308 of which $5,800,000 was appropriated as part of the FY 2019-20 Operating Budget for Schools. This left a balance of $11,499,308 in the Fund. However, the Schools are requesting that City Council appropriate $5,800,000 in reversion funds to the School Reserve Special Revenue Fund, increasing the balance to $17,299,308. This represents 2.07% of the School's FY 2019-20 Operating Fund budget, slightly above the 2% limit set by the policy. In addition, Virginia Beach Public Schools would like to utilize a portion of the reversion funding to establish project 1-024, "Lynnhaven Middle School Expansion —Achievable Dream." Based on the Memoranda of Understanding (MOU) between the School Board and An Achievable Dream, the Achievable Dream Academy was opened at Seatack Elementary School during the 2014-15 school year for grades K through 2. Beginning with the 2017-18 school year, all grades at Seatack Elementary School were served under the An Achievable Dream (AAD) Program. Beginning with the 2018-19 school year, the first class of An Achievable Dream students began the sixth grade in the AAD Program at Lynnhaven Middle School. The AAD Program is focused on a targeted student population, and as a result of the successful implementation of the AAD Program at Seatack Elementary, it was decided that VBCPS would partner with AAD to expand the AAD Program to grades 7-12 as envisioned in the Original MOA. An ad hoc committee was established by the School Board to study and make recommendations concerning the implementation of the AAD Program in middle and high schools within VBCPS and was tasked with, planning for a school location, programming, staffing and support services. After reviewing several options, it was the recommendation of the administration to the Ad Hoc Committee to build a new wing on Lynnhaven Middle School to accommodate the expansion of the program. Once completed, Lynnhaven Middle will continue to house the middle school students (grades 6-8) who are zoned for Lynnhaven Middle as well as the students enrolled in the Achievable Dream Academy (grades 6-12). While the AAD Academy will have a separate entrance, the two schools will share the common areas of the facility (i.e., cafeteria, library, gymnasium, athletic fields, tennis courts, etc.). The projected total cost for this project is $12,750,000. If approved, $4,000,000 from the use of reversion funds will be appropriated in the current fiscal year. The expected $8,750,000 in FY 2020-21 would be provided by revenue from the sale of property. Virginia Beach Public Schools is currently working with the City's Economic Development department on the sale and disposition of the Laskin Road Annex (formerly Linkhorn Park Elementary School). The property is appraised at approximately $12 million and is expected to sell over the next 12 months. Revenue from the sale of the Laskin Road Annex property would be used to fund the remaining $8,750,000 that would be needed to complete the Lynnhaven Middle School Expansion project. • Considerations: At its October 22nd meeting, the School Board adopted a resolution requesting that reversion funds totaling $26,079,152 be re-appropriated for the following: o $12,501,561 to School Operating Fund for full-day kindergarten implementation, interactive white boards, school buses and other fleet, two-way radios and stage curtains at multiple schools; and o $5,800,000 to the School Reserve Special Revenue Fund to cover possible revenue shortfalls in the FY 2020-21 School Operating Fund ; and o $434,344 to the Athletic Fund ;and o $7,339,247 to the CIP fund for school renovation and replacement projects o CIP 1-024 Lynnhaven Middle School Expansion (Achievable Dream)- $4,000,000 o CIP 1-003 Replacements/Energy Management (baseball/softball field lights)- $2,500,000 o CIP 1-185 Elementary School Playground Equipment Replacement (SECEP playground upgrades) -$334,737 o CIP 1-182 Renovations and Replacement (classroom furniture) -$300,000 o CIP 1-184 Plaza Annex Office Addition-$200,000 o CIP 1-178 Renovations and Replacement Grounds III -$4,510 • Public Information: Public information will be provided through the normal Council agenda process. Due to the amount requested to be appropriated in the CIP exceeding 1% of the FY 2019-20 capital budget, a public hearing was scheduled for November 19th, 2019. The public hearing was advertised in the Beacon legal section on November 10th,2019. • Attachments: Ordinance; School Board Resolution and Attachments (Adopted October 22, 2019) and CIP Detail Sheet Recommended Action: Approve ordinance Submitting Department/Agency: Budget and Management Services r/Imo'1 City Manager: / /lam 1 AN ORDINANCE TO APPROPRIATE FY 2018-19 SCHOOL 2 REVERSION FUNDS AND TO ESTABLISH CAPITAL 3 PROJECT 1-024, "LYNNHAVEN MS EXPANSION," IN THE 4 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM 5 6 WHEREAS, on October 22, 2019, the School Board adopted a resolution 7 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 8 FY 2018-19; and 9 10 WHEREAS, on November 19, 2019, the City Council held a public hearing 11 regarding an increase to the FY2019-20 CIP that exceeds 1%; 12 13 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $18,739,905 is hereby appropriated to the FY 2019-20 Operating Budget 17 from the fund balance of the General Fund in the amounts and for the purposes 18 set forth below: 19 a. $12,501,561 to the School Operating Fund for full-day kindergarten 20 implementation, interactive white boards, school buses and other fleet, 21 two-way radios and stage curtains at multiple schools; and 22 b. $5,800,000 to the School Reserve Special Revenue Fund to cover 23 possible revenue shortfalls in the FY 2020-21 School Operating Fund; 24 and 25 c. $438,344 to the Athletic Fund. 26 27 2. That Capital Project#1-024, "Lynnhaven MS Expansion" is hereby established 28 in the FY 2019-20 Capital Improvement Program as set forth in the attached 29 capital project detail sheet; and 30 31 3. That $7,339,247 is hereby appropriated to the FY 2019-20 Capital Budget for 32 the purposes set forth below: 33 a. $4,000,000 to CIP 1-024, "Lynnhaven MS Expansion (Achievable 34 Dream);" 35 b. $2,500,000 to CIP 1-003, "Renovation and Replacement Energy 36 Management /Sustainability;" 37 c. $334,737 to CIP 1-185, "Elementary School Playground Equipment 38 Replacement;" 39 d. $300,000 to CIP 1-182, "Renovations and Replacements;" 40 e. $200,000 to CIP 1-184, "Plaza Annex/Laskin Road Office Addition;" and 41 f. $4,510 to CIP 1-178, "Renovations and Replacements —Grounds III." 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu et and anagement Services A o ey's Office CA14950 R-1 November 20, 2019 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 1275000 Title:Achievable Dream at Lynnhaven Middle School Status: New Project Category: Schools I Department: Public Education Ranking: 0 Project Type Project Location Project Type: New Facility Construction/Expansion District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 12,750,000 4,000,000 8,750,000 0 0 0 0 0 0 Description and Scope This project is for the construction of a classroom addition(±30,000 sf)to Lynnhaven Middle School to accommodate the Achievable Dream Secondary School Program(grades 6-12). Purpose and Need History and Current Status New project. The Achievable Dream elementary school program(grades K-5)is located at Seatack Elementary School. A classroom addition is required to accommodate grades 6-12 at Lynnhaven Middle School,which is the home of the Achievable Dream Secondary School Program. Appropriations to date includes $4,000,000 in FY 18/19 Reversion Funds. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 09/21-12/22 150,000 Design 07/20-12/22 813,750 Furniture and Fixtures 09/22-12/22 350,000 Construction 09/21-01/23 10,850,000 Contingencies 07/20-12/22 586,250 Total Budgetary Cost Estimate: 12,750,000 Means of Financing Funding Subclass Amount Local Funding 12,750,000 Total Funding: 12,750,000 GovMax 15 11/4/2019 ti t \ !t4 t' �� �! VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M.Anderson,Chair Kimberly A. Melnyk,Vice Chair At-Large District 7—Princess Anne Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6—Beach At-Large Laura K. Hughes Victoria C.Manning Jessica L.Owens At-Large At-Large District 3—Rose Hall Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1—Centerville District 5- Lynnhaven District 4-Bayside Aaron C.Spence, Ed.D.,Superintendent Budget Resolution Regarding FY 2018/19 Reversion and Revenue Actual Over Budgeted Funds WHEREAS,on September 24, 2019,the School Board was presented with a summary of the unaudited financial statements for FY 2018/19 (year-ending June 30, 2019) showing the reversion amount to the city's General fund; and WHEREAS, of the net reversion amount, $7,987,835 came in as additional revenue over the appropriated budget, and Attachment A to this resolution further illustrates the details of the reversion amounts; and WHEREAS, $442,950 reverted from the Green Run Collegiate Charter School fund,$25,942,904 reverted from the School Operating fund and $438,344 reverted from the Athletics fund;and WHEREAS,the estimated total amount available for re-appropriation is $26,824,198; and WHEREAS,the city is currently indicating a FY 2018/19 revenue actual under budget of the revenues included in the Revenue Sharing Formula,of which the schools' portion is$745,046; and i WHEREAS,the net reversion funding available for re-appropriation is$26,079,152;and WHEREAS,the Administration recommends the following for the available funds in the amount of $26,079,152: • $5,800,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2020/21 School Operating fund 115 • $438,344 to be re-appropriated to the Athletics fund 119 • $7,339,247 to be re-appropriated to the CIP fund: - Lynnhaven MS Expansion (Achievable Dream)-$4,000,000 - Project 1-003, Replacements/Energy Management (baseball/softball field lights) - $2,500,000 - Project 1-185, Elementary School Playground Equipment Replacement (SECEP playground upgrades) -$334,737 - Project 1-182, Renovations and Replacements-Various Phase ill (classroom furniture replacement)-$300,000 - Project 1-184, Plaza Annex Office Addition (technology to support Professional Development Center)-$200,000 - Project 1-178 Renovations and Replacements-Grounds Phase III (SECEP fencing)-$4,510 2512 George Mason Drivel P.O.Box 6038 l Virginia Beach,Virginia 23456-0038AllEMEEIffillrj i VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Kimberly A. Melnyk, Vice Chair At-Large District 7— Princess Anne Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2— Kempsville District 6— Beach At-Large Laura K. Hughes Victoria C. Manning Jessica L. Owens At-Large At-Large District 3—Rose Hall Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1—Centerville District 5 - Lynnhaven District 4- Bayside Aaron C. Spence, Ed.D.,Superintendent Budget Resolution Regarding FY 2018/19 Reversion and Revenue Actual Over Budgeted Funds(continued) • $12,501,561 to be re-appropriated to the School Operating fund 115 for: - Full-day kindergarten implementation -$4,859,000 - Interactive whiteboard replacements- $3,000,000 - Replacement school buses- $2,659,000 - Replacement white fleet vehicles- $517,561 - Replacement equipment/vehicles for Grounds Services- $380,000 - Edulog integrated transportation solution system-$341,000 - Interactive whiteboard replacements (SECEP) - $334,000 - Replacement stage curtains at six schools (safety concern)-$210,000 - Additional vans to transport special needs students - $121,000 - Two-way radios- $80,000 NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2018/19 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2018/19 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City Virginia Beach is 2 ',d day of October 2019 SEAL Beverly d rso , cho•l Board Chair Aaron C. Spence, Superintendent Attest: Dianne P.Alexander, Clerk of the Board 2512 George Mason Drive 1 P.O.Box 6038 I Virginia Beach,Virginia 23456-0038 www vbschoois.corn Q O G.,0 o c e oR 4 V 3 '. C�) N O O Ca 0 d ga V cc IZ 0. CI E 4.1 o O — U a o �. O 00 N N C) N CO LC) co c::. c:, N- N- N O O V LC) tT O L() C) CO N 6) C..) CO O CD V N U 0 CT C 6) r c) r Ch N CO 0, CO_ C::, Cr) O N N_ CC N CX CV O) a0 CO N- L() O 6) C") N N — E _ M - N Cn N- CO CO I` CO CO O LC) N. M N Q a) V CO R O I` O N C) O) O) CO CO CO CO CO ,..,I tO LC) CO CO Cc) N r N- 1- C() CO N N N r r f,.., m N C .W. = 0 >s O N 3 R 13 C a) LL 3 t� N C CaO U) El..L a) Q > O > C2 L Q. 0 R H C CV y N 3 — ex) O c a) ..J O a) O C' > y co a) a)Ce rn L c a) w I zf N R a) -a) CY C J LL T a) IML R Q I- 3 N N CU > LL 13 O Ce N w �R a) V/J N CZ 3 LIN LL O — U Ts R N a)O F C C6 tocn a) — N >� (6 3 > O O O a) N a N_ N O 3 O d 3 RU r x O S a) Mco U a) N a)6. > W •Q O 1' -p LL C O a0+ O V) as W a) , _ U @as CV d y 1.11 o 0 O) W , Na) a) '� '� 0 > Cy = E c COri 3 L O U o m N Cr) y.• O O a) L 2 O 3 Ct O- C c > O 'p t1 a) 92 'C O d 3 U a 3 O = C Q_ d d o_o d N C a) Ct R O O co ce C o c CO a) -a o y 0 o y N� CO r CO en an C O R N S = co) a) - = d .a). 13 > W' 3 N U c V) LL E .C = Ce O LL 0) w Q = C Cn w c N CC LC) O j O -a C CI) E c r O r O o C o O O 'a N O to a) O) O in C N CT L 3 V) 13 a� -0 3 -O W N L C s Li 3 c m -0 3 > LL fn d 3 E 3 3 m y c f6 (6 > LLCL as o LL m m L o a�i Y U m c rn o) Oo O ! O o a) co as w c 'R C O x .c > 0 U -a O Ca, O N (a U a) L _ W R d C U L 5 3 C I— U) Ce N 3 U) `y LL Qcn ) )O LL O dma) o o OCO Cl) Et a) a) 6 00OO fY - pO c. cr) _ 0C C c:. .=:. O d •C c.N L N t -O = N N 0 _c C V _c a) VC6 _ (6 CUi U U CD i CO 0 CO Li l V) K. PLANNING 1. GEE'S GROUP, LLC/ PRINCESSBORO DEVELOPMENT COMPANY, INC., for a Conditional Use Permit re mini warehouse at 1964 Fisher Arch DISTRICT 7 — PRINCESS ANNE (Deferred from November 19, 2019) RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH 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,December 3,2019 at 6.'00 p.m.,at which time the following applications will be heard: Gee's Group, LLC [Applicant] Princessboro Development Company, Inc. [Owner] Conditional Use Permit (Mini-Warehouse) 1964 Fisher Arch (GPIN 2414219632) COUNCIL DISTRICT-PRINCESS ANNE All interested parties are invited to attend. Amanda Barnes,MM 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 htto://www.vpao,..comiLx,.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 3854303;Hearing impaired call 711(Virginia Relay -Telephone Device for the Deaf). BEACON-NOVEMBER 17&24,2019-1 TIME EACH -` 131 fLA N t. N , AO& r . / 8 13 ri5081.c); -, , : .., /i '-' -Nes-- -. 40/:,./. - 0/ / \ \ ' Plir, ,/ , / \N.-, i i -I 1.- .---. ) NEI / / / L., th ' . a at to I- f-, , [A:out .1 th j~` �a, n �_ a p i�l a 6 / t W v V. — I Imo. 4 OauL env,Bfq� • bL4 • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEE'S GROUP, LLC [Applicant] PRINCESSBORO DEVELOPMENT COMPANY, INC. [Property Owner] Conditional Use Permit(Mini-Warehouse) on property located 1964 Fisher Arch (GPIN 2414219632), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 3, 2019 • Background: This item was deferred by the City Council to the December 3, 2019 public hearing due to an error regarding lack of identification of the property owner in the agenda posted on the Planning Department's webpage. The subject 2.57-acre site is located on Fisher Arch near the Sandbridge Road and Princess Anne Road intersection. In 2009, this site was part of a larger 23- acre parcel that was conditionally rezoned to B-2 Community Business District. The applicant is requesting a Conditional Use Permit to develop this 2.57-acre site with a mini-warehouse building. The proposed concept plan depicts a 78,400 square-foot mini-warehouse building at the rear of the property, as well as a 4,800 square foot office building that can be constructed as a matter of right in the B-2 Community Business District. While the submitted elevations depict the mini-warehouse building as a two-story structure, internally the building will have three floors with a total height of 35 feet. The facades include a neutral color brick base and metal panel walls, storefront windows, porches, shingle roofing and decorative doors and shutters. The buildings' placement meets all required setback and dimensional requirements of the Zoning Ordinance. A minimum of 21 parking spaces are required and the submitted concept plan depicts a total of 39 parking spaces. One vehicular access point is proposed along Fisher Arch. ■ Considerations: The site is located within the Transition Area as designated by the Comprehensive Plan. The Comprehensive Plan recommends that uses in the Transition Area be of low intensity and low impact that will serve the surrounding community. The mini-warehouse use generates much less traffic than a similarly sized commercial development and has little impact on existing infrastructure. In addition, it is anticipated that many of the users of the facility will live and work in the nearby area. Both assertions lend support towards fulfillment of this recommendation. Gee's Group, LLC Page 2 of 4 Consistent with the Design Guidelines for the Transition Area, the site layout provides open space and required buffers. The buildings will have a `rural transitional' vernacular architectural style with elements such as pitched roofs, metal roof accents, and front porches. While the building footprint of 15,000 square feet is larger than the 10,000 square foot maximum recommended in the Guidelines, the footprint is comparable to that of other buildings in the immediate area. The building's massing is mitigated with a unique architectural design that is more reflective of a barn, rather than a typical storage facility. The building will maintain a substantial setback from Fisher Arch with extensive interior and streetscape plantings well above the minimum requirements. A Preliminary Stormwater Analysis was submitted for review as the property is in the Southern Rivers Watershed. Staff is confident that the stormwater management strategy has the ability to comply with the stormwater requirements. The submitted analysis identified a "dry grass swale detention" facility to manage stormwater quantity. This type of facility calls only for grass cover and no large trees would be allowed within the limits of the facility per Public Works Specifications and Standards. To meet stormwater quality requirements, the applicant is purchasing off-site nutrient credits. It should be noted that the modeling provided to Staff was based on a dry detention facility design and did not account for any evapotranspiration. The only reference to the use of trees as a stormwater management design feature was a sentence included in the narrative stating that evapotranspiration in the stormwater facility could assist with flooding. However, as the facility is designed as a quantity only facility, no trees would be incorporated into the design and there is no analysis supporting a claim that it will utilize evapotranspiration methodology. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. As the property is in the Transition Area, the Transition Area/Interfacility Traffic Area (TA/ITA) Citizen Advisory Committee was briefed on the proposal. There were two speakers in opposition at the Planning Commission public hearing. They questioned whether the use is appropriate in the Transition Area and noted concerns regarding stormwater management. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of the application by a vote of 6-1, with two abstentions. 1 . When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PLAN, SANDBRIDGE MARKETPLACE," dated July 12, 2019, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Gee's Group, LLC Page 3 of 4 2. The elevations of the proposed buildings shall be in substantial conformance with the exhibits entitled, "NEW FACILITY, SANDBRIDGE MARKETPLACE," dated March 1, 2019, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of items on the property. 4. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 5. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 6. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to the parking area; (c) Street frontage landscaping, a minimum ten (10) feet in width, installed along Fisher Arch. 7. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than 12 feet. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 8. Signage shall be limited to one monument-style freestanding sign, and two building signs as shown on the submitted building elevations and renderings. The monument-style sign shall not exceed six feet in height and shall be constructed using materials to match the building. Gee's Group, LLC Page 4of4 9. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. 10.There shall be no permanent dumpster located on the property. • 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/1., 14-7 City Manager: . Applicant Gee's Group, LLC City Agenda Item Property Owner PrincessboroDistrict Development Company, Inc. "Illi Public Council Hearing Election August 28,Princess 2019(DeferredAnne November 14,2018) D2 of City Virginia Beach o44 e E, Mp �, Request s Conditional Use Permit (Mini-Warehouse) ft',�n", r"�q� 0 1yay. P Eby 1. : O` " P Staff Recommendation •,�M"Approval - " I e�+�e �y 1.';i ,,, it ° 65-70 dB DNL 1 1 -1 Staff Planner $ a Eq,„4,.. �n Bill Landfair tad M•`coq�. hs4% ens g•� ,Rmtl Location / ''° 1964 Fisher Arch P P§ GPIN I 2414219632 /4, ci,, Site Size `", 'c, 2.57 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District441; • 7.; 4.,' ? 4 Vacant/ B-2 Community R i6I0 . Surrounding Land Uses and Zoning Districts _ Vim" +.t44 f ; North * , , h` '` .4 ' Day-care facility,vacant/AG-2 Agricultural F,��, .,, °° _ , South - r' . b Fisher Arch ,> ,� -A,, y Vacant, private preschool/0-2 Office East Pump station/ B-2 Community Business -- 3�" --- � .� West Vacant/ B-2 Community Business S. Gee's Group, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This application was deferred at the November 14, 2018 Planning Commission public hearing to provide additional time for the applicant to address the preliminary stormwater strategy. • In 2008, this site was conditionally rezoned from AG-2 Agricultural District to Conditional B-2 Community Business District to allow development of the property with specific proffers regarding building design, signage, and on-site lighting. • The applicant is requesting a Conditional Use Permit to develop the site with a climate controlled mini- warehouse building. In addition, a separate smaller office building for medical or general use is also proposed, which is allowed by right in the B-2 Zoning District. • The submitted site layout depicts development of a 78,400 square-foot mini-warehouse at the rear of the property, a 4,800 square-foot office building near the front of the site, and a dry detention stormwater management facility along the east side of the property. The required streetscape plantings along Fisher Arch are depicted on the concept plan. • The parking area is located between the mini-warehouse and the office building, with landscaping incorporated throughout the parking area. A minimum of 21 parking spaces are required by the Zoning Ordinance based on a requirement for the mini-warehouse of one space per employee on the maximum working shift (3 spaces); and one space per 270 square feet (18 spaces) for medical office. If general office, the requirement is reduced to one space per 330 square feet and the overall requirement is 18 spaces. A total of 39 parking spaces are provided. There will be one vehicular access point from Fisher Arch. • The submitted elevations depict the mini-warehouse building as a two-story structure. However,the building will have three floors with a total height of 35 feet. The office building is a one-story structure. The facades include a neutral color brick base and metal panel walls, storefront windows, porches, shingle roofing and decorative doors and shutters. The buildings will meet all the required setback and dimensional requirements of the Zoning Ordinance. • The administrative office for the mini-warehouse will be housed within the facility. The drive aisle and loading areas will extend along the west side of the building and access will be controlled via a secured gate. • A proposed freestanding sign is depicted on the submitted site layout. In addition, there will be two building mounted signs with channel lettering. • Operating hours for the mini-warehouse will be from 7:00 a.m. to 7:00 p.m., seven days a week, with up to three employees on site. Gee's Group, LLC Agenda Item D2 Page 2 \ R•20 - Zoning History 4 AG-2/ '�,, # Request B-2 N / 1 CRZ(AG-2 to Conditional B-2)Approved 09/16/2014 _ 2 CUP(Church)Approved 07/14/1993 7p 4 ' �/ / /NN0-2• �� 3 CUP(Child Education Center)Approved 05/11/2005 ���� \\\ NN 4 CRZ(AG-1 and AG-2 to Conditional 0-2 &Conditional B- 2)Approved 02/24/2009 j/ 5 2• B•2 CUP(Borrow Pit)Approved 12/12/20 01 / P-1 G- AG•1 ,� F3-10 • AI®•' 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 As the site is located within the Transition Area as designated by the Comprehensive Plan, Staff has reviewed this request for conformance to the Comprehensive Plan's Transition Area Design Guidelines. Below is a summation of that analysis. Development and Uses Design Guidelines recommend that non-residential development should be high quality and limited to low-impact and low-intensity uses that are scaled to support the needs of nearby residential neighborhoods and are located at a major roadway intersection. In Staff's view, the site layout and the elevations are in substantial conformance with this section of the Design Guidelines.The resulting development is located near the intersection of Fisher Arch and Sandbridge Road and will serve the needs of nearby residential neighborhoods. Design Principles This section of the Design Guidelines recommends that development of nonresidential buildings and sites should employ low-impact development techniques and creative design for stormwater management facilities and design open space areas as amenities. Building design should be kept low in scale with a maximum of two stories and should have a footprint of no more than 10,000 square feet. Materials, site design and landscaping forms should be reflective of the existing traditional rural character. In Staff's view, and as depicted on the site layout and the elevations, the application addresses most of this section of the Design Guidelines.The proposed layout is centered on the buildings, with meaningful open space and required buffers provided in conformance with the Zoning Ordinance. As recommended in the Guidelines, the architectural style of the buildings is consistent with a "rural transitional" vernacular with architectural elements that include the use of pitched roofs, metal roof accents, and front porches typical of rural buildings. While the footprint of the mini- warehouse building, at 28,000 square feet, is larger than what is recommended in the Guidelines, the footprint is comparable in size to that of a number of other buildings in the immediate area. The building massing is mitigated with a unique architectural design and elevations showing the mini-warehouse as two stories, rather than its actual three Gee's Group, LLC Agenda Item D2 Page 3 stories. The building will maintain a substantial setback from Fisher Arch and proposed landscape screening, buffering, and streetscape will help to ensure conformance with the intent of the Design Guidelines. Land Use Policies Given conformance to the Design Guidelines, the use will be compatible with the land use policies for the Transition Area. Given the nature of the proposed development,the architecture is unique and while less conventional than more typical mini-warehouse facilities will result in an attractive facility that maintains traditional and rural architectural elements found in the area. Mini-warehouses also have an advantage over many other similarly sized commercial development in that they generate less traffic. Staff finds that the use will be in keeping with the proffers approved with the original conditional rezoning of the property. These proffers reference architecture, signage, landscape screening, and buffering. The architectural features, building materials and quality of building design are comparable with the renderings attached to the proffers. Freestanding signage cannot be greater than six feet in height, with no internal illumination. Category IV landscape screening and buffering must be provided. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of the review, the DSC Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. Based on the evaluation above, Staff recommends approval of the Conditional Use Permit request, subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PLAN, SANDBRIDGE MARKETPLACE," dated July 12, 2019, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The elevations of the proposed buildings shall be in substantial conformance with the exhibits entitled, "NEW FACILITY, SANDBRIDGE MARKETPLACE," dated March 1, 2019, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of items on the property. 4. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 5. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 6. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to the parking area; (c) Street frontage landscaping, a minimum ten (10) feet in width, installed along Fisher Arch. Gee's Group, LLC Agenda Item D2 Page 4 7. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property.Any outdoor lighting fixture shall not be erected any higher than 12 feet. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 8. Signage shall be limited to one monument-style freestanding sign, and two building signs as shown on the submitted building elevations and renderings. The monument-style sign shall not exceed six feet in height and shall be constructed using materials to match the building. 9. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. 10. There shall be no permanent dumpster located on the property. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Transition Area.The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area by promoting open space and low-density development. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. Non-residential uses in this area should be limited to low-impact and low-intensity with open space and be "neighborhood-serving".They should be located at major roadway intersections or part of a mixed-use plan of development located at the entrance or the interior of the neighborhood around a central green or open space. Focus should be placed on an attractive streetscape view into the site from the roadway. Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas.Open space should comprise a minimum of 30 percent for non-residential development and provide a balance of both "active" and "passive" open space areas.The preferred architectural design is a "Rural Transitional" theme. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There 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 Fisher Arch No Data Available 6,200 ADT 1(LOS°"C") Existing Land Use 2— 0 ADT 11,100 ADT 1(LOS°"E") Proposed Land Use 3-145 ADT lAverage Daily Trips 2 as defined by being a 3as defined by 4,800 square-foot small 4 LOS=Level of Service vacant site office&78,400 square-foot mini- warehouse Gee's Group, LLC Agenda Item D2 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Fisher Arch is considered a two-lane undivided local street in the vicinity of this application. The existing infrastructure currently resides within a 60-foot right-of-way. Fisher Arch is not on the Master Transportation Plan and there are currently no roadway Capital Improvement Projects slated for this segment of the roadway. Public Utility Impacts Water There is an existing 8" water main in front of the site in Fisher Arch with a 8" water service stubbed to the property. Sewer There is an existing 8" sewer main in front of the site in Fisher Arch with a 4" sewer lateral stubbed to the property. The pump station should have adequate capacity to serve the proposed development. Public Outreach Information Planning Commission • The applicant has reported that they met with surrounding property owners. The applicant has also appeared twice before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC), most recently at their November 2, 2018 meeting. While the Committee was generally supportive of the concept of a mini-warehouse use for the property,they had concerns with the overall size of the buildings. • 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. Gee's Group, LLC Agenda Item D2 Page 6 Proposed Site Layout 5. + Zm.,TF n..s a. i i)KrI xi !". I�." r 1 , I .:. I �` it : i&7* I I 1 I I I 41 = 1,...,, Mal I E % �p,r' 1 ,"', mat x. I 4�''^' , n Ti a1Hsa9� 'S i Beeeksees r. � Gee's Group, LLC Agenda Item D2 Page 7 Proposed Elevations • - . - . t,�- .n.,.Ir l .mcr s tom_ L• n RON as ■ eta I a®i ■ [ F� • RIrT SIDE ELEVATION LEFT SIDE ELEVATION L I• QW24.1.EY.hTI4N- L l 1I111 in IL_li FRONT ELEVATION-OUTPARCEL BUILDING is LEFT SIDE ELEVATION-OUTPARCEL BUILDING • _ I eslmk� -cl! _ REAR ELEVATION-OUTPARCEL BUILDING RIGHT SIDE ELEVATION-OUTPARCEL BUILDING Gee's Group, LLC Agenda Item D2 Page 8 Proposed Sign Elevation q IMli MIMI El , CDSITE SIGN FRONT ELEVATION (SITE SIGN SIDE ELEVATION 1/4"= 1'-0" 1/4"= 1'-0" Gee's Group, LLC Agenda Item D2 Page 9 Site Photos • � 4 Gee's Group, LLC Agenda Item D2 Page 10 Disclosure Statement /11 Virginia Beach APPLICANT'S NAME Gee's Group, L.L.C. 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 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. ® o SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ali disclosures must be updated two(2,weeks prior to any Page 1 of 7 Farrn,no Co.nrn.sstan and Cuy Coun iI meetrnc Itiat pertasns to the apol,cat.hns APPLICANT NOTIFIED OF HEARING C:.TE. gr. NO(MANt ES AS Of if, NL1IN MM. to LMrtbPAM►Q. REVISIONS SUBMITTED DATE Gee's Group, LLC Agenda Item D2 Page 11 Disclosure Statement 71/41/B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, - business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or - other unincorporated organization. (A) List the Applicant's name:Gee's Group, L.L.C. If an LLC, list all member's names: David Gianascoli, Manager; Michael Gianascoli, Member 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 footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. X- 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:Princessboro Development Co Ini If an LLC, list the member's names:Susan F. Fisher, President; Susan S. Kellam, Vice President;' Page 2 of 7 Gee's Group, LLC Agenda Item D2 Page 12 Disclosure Statement Virginia Beach Suzanne K. Parker, Treasurer: Catherine Flinn Kellam, Secretary; John S. Kellam, Director 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 (hi) 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 • m0 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 Gee's Group, LLC Agenda Item D2 Page 13 Disclosure Statement \LB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) u Accounting and/or preparer of u your tax return X CArchitect/Landscape Architect/ Covington Hendrix Anderson t- Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed a a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X Engineers/ Surveyors/Agents Gaddy Engineering Services.LLC Financing (include current n �i mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Sykes.Bourdon,Ahern&Levy,RC- Real Estate Brokers / Tyler Brooks,CBRE Inl n Agents/Realtors for current and /\I ' 1 anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have l/`l 1 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 Gee's Group, LLC Agenda Item D2 Page 14 Disclosure Statement 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 Application. Gee's Group,L.L.0 B David Gianascoli,Manager jot IC4NT'S S GNAT E PRINT NAME DATE Page 5 of 7 Gee's Group, LLC Agenda Item D2 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n IXI Accounting and/or preparer of I your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than piLi the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U x purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents MSA,P.C. Financing(include current TowneBank X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Sykes.Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ Robert R.Beasley,Jr.,Harvey X — Agents/Realtors for current and Lindsay Commercial Real Estate /� — 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 m ; 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 Gee's Group, LLC Agenda Item D2 Page 16 Disclosure Statement Virginia Reach 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. . ,\ jJ ' Susan F. Fisher, President ,l PROPERTY ON'NEtS SIGNATURE PRINT NAME LATE 1 Page 7 of 7 Gee's Group, LLC Agenda Item D2 Page 17 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. Gee's Group, LLC Agenda Item D2 Page 18 Item#D2 Gee's Group, LLC Conditional Use Permit(Mini-Warehouse) 1964 Fisher Arch District—Princess Anne August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Sandloop:Yes ma'am. Our last agenda item is D2 Gee's Group LLC. It's an application for a conditional use permit for a mini warehouse on property located at 1964 Fisher Arch in the Princess Anne District. Mr. Weiner: I'm going to be abstaining from this item as the applicant is a client, per the city attorney, so I'm going to leave. Ms. Rucinski: Okay. Thank you. Mr. Bourdon: Enjoy your Labor Day Mr. Weiner. Mr. Graham: I want to say something; I'm going to abstain because I have a competing use in a nearby market, so I am going to abstain as well. Ms. Wilson: Mr. Graham and Mr. Weiner have left the meeting. Mr. Bourdon: All right,Madam Chair,members of the Commission for the record Eddie Bourdon, Virginia Beach attorney. I'm here representing both the applicant,the Gee's Group and Mr. David Gianascoli, who's one of the principals and is here with us this afternoon along with the project civil engineer Michael Gaddy. I've also had the privilege of representing the owners of this property going all the way back not to the 1950s when they first acquired the property,but David Callum and Mike Fisher, 1 who a number of you, I'm sure knew where the developers of this Sandbridge Marketplace and some of the development that long preceded this properties at the very northern boundary of the transition area adjacent to a lot of significant additional commercial and residential development. The Food Lion Shopping Center, which was developed back in the, I believe, late 60s or early 70s. It's over 55,000 square feet and there's the Marketplace that was rezoned 2008-2009 conditionally with proffers under the comp plan as it existed at the time. At that point, a subdivision plan and subdivision construction plans were all submitted to the city in 2009, reviewed and approved and all the infrastructure including stormwater management infrastructure was all approved, all bonded, all built, all accepted and a number of the properties within the Marketplace have developed subsequent to that time, including the Tractor Supply. The Tractor Supply is basically about 15,000 square feet, Anderson's Nursery, and these are ones that needed use permits, are 24,000 square feet of building and over 11,000 square feet of greenhouse under roof. All of those properties have developed at the time these storm water systems for this rezoned B2 property was approved, and all of the engineering was for 75%impervious cover. I think y'all heard that this morning in the pre-briefing. The Jana Scolese undertook this project over 18 months ago and had meetings with staff, meetings with the ITA committee. They had great feedback. We have a proposal today with a two story structure with three inside which is very typical of air conditioned, self storage facilities, the newer ones, and the better ones. There's a big demand, especially in the Sandbridge community in this area. That's what's brought this on so we've had all these meetings. Well, once 2 we got to the point where everybody really liked the barn, what it looks like is the rural vernacular, nothing like any facility like this I've ever seen. Then we've been involved with the stormwater folks for close to a year. As I said,millions of dollars invested, that's taken all of this infrastructure put in place and if this didn't need a use permit,this would be approved because we have only 51%impervious surface. We have added additional BMP on the site, substantial BMP on the site. It meets all current guidelines, it addresses sea level rise, taken into account and Seth can talk to you about that if you all want to hear from him, but the owners of this property who've invested lots of money and have lots of debt, they are going to develop this property. This isn't new development. This is something that's been approved for over 10 years,as far as the zoning and almost that for the infrastructure and it's been built and exists. So we're bettering the situation in every regard, the use from a traffic standpoint, lot less traffic than your typical B-2 use by a long shot. We again have reduced the impervious surface down to 51%. The 2008 proffers at that point, I don't think it was in the comp plan this 10,000 square foot idea because nothing of that appears in the write-up, nothing of that appears in any of the write-ups of Anderson's Tractor Supply,the 45,000 square foot Harris Teeter development on the opposite corner. I think that was put in recently and really is because there's not really anything else in the transition area that could be developed commercially other than around Pungo. And I think that's where that came from. That's my recollection anyway,but there's nothing in our comp plan, excuse me in our proffers or any of the write-ups of any of the development that's occurred with use permits about this 10,000 square foot idea, but it's in there now. I think it was 3 put in there the last time around because the focus was on potential development around Pungo,under the study that this council commissioned. So we spent all this time and effort on stormwater work and it's not new development. Again as I said, I'm completely sympathetic as our my clients to the idea we don't want this to flood, never has flooded. We haven't had any flooding problems. In fact, this property was submitted for use permit application many years ago for a borrow pit because it's sandy soil. It's a lot of sand under this piece of property. The whole marketplace piece of property drains extremely well. It's not primarily the hydric soils that were referenced earlier. The pipes that Steve Barnes showed you all this morning, that's a project for the city on Sand Bridge Road widening. My clients have cooperated every time that that's needed to take place haven't gone to court with the city in any way, have settled everything with regard to additional lands the city has needed, they've worked with the city. Mr. Callum and Mr. Fisher I neglected to mention both passed away in the same year with leukemia unrelated but their spouses and families have inherited this property and it's really been a struggle for them and if this again didn't require a use permit, if it was by right then it would have already been approved because we meet all the current stormwater requirements which are far stricter than when it was approved or then at a time in the past and we won't be causing any additional flooding. All the water does go to the former borrow pit, visual BMP, the pit that is called now Red Mill Pond. It does go north, it's design and from day one has gone north, it does eventually work its way back around to go into Back Bay, but it's a long process, takes days and days. So this is not a rezoning for something new on this property that is going to develop. We think 4 this is a very good development where there is a need for in the area. You know, I can't say it enough and I'm little disappointed when I heard Jared say on the last application. What Steve is after here, I couldn't agree with more. But the reality is the snarky comment about I told you so the City of Virginia Beach has slowed down growth in this area of the city for the last 25 years, very slow growth. I don't know whether Jared has been to Chesapeake or Suffolk or all the communities in Eastern North Carolina, whose storm water goes into the same sound system. And Steve and I've talked about this at some length. You know,it's a regional issue. It matters to us a lot. It matters to a lot of my friends and clients a lot. You know, we want to get it right, but we are not the cause. We may have a little bit to do with it, but Virginia Beach is not the only cause and so I don't think the biggest cause of what has happened over the course of the last few years because you look at the level developments, it's very, very small. The ad hominem attack on me I'm not an engineer, but Sherwood Lakes National Park I did represent and Sherwood Lakes just to put it on the record,before Sherwood Lakes was a borrow pit, there was just charging a million gallons of water a day, 1 million gallons of water a day into West Neck Creek. That's not happening anymore. It hasn't been happening since the property was developed. So it's not so simple as ad hominem attacks, plain and simple. Okay. This is a project that's been approved, all the infrastructure has been accepted, they're going above and beyond for a use that's a low intense use with 51% impervious surfaces at a 75%, which is what could be approved out there. Now, again the newer rules which we are adhering too, nobody's going to court with a vested rights argument,because we don't want anything to flood either. But 5 there is one that could be made not doing that. These people want to do a good job that Gianascoli's have developed numerous properties in Virginia Beach very well, very successfully. They're great corporate citizens in the City of Virginia Beach and they've spent the time, the effort, the year and a half to go through this process and see it through and that's exactly where we are at this point, but you know, the idea of a deny everything moratorium when you have people who have a lot of money invested and debt to pay and stop commerce, it just doesn't fit. It may fit certain circumstances. I'm not saying in every situation that we have to prove everything, but it's very skewed and it doesn't look at the whole picture of the problem and against I think Steve is spot on with regard to the need to get ability for over wash in Back Bay, but Back Bay is getting water coming north from Northeastern North Carolina and that's a big part of this as well and it's got to be a regional thing. Virginia Beach can't take the entire Brunner shutting down its economy and putting people into bankruptcy when they're willing to go the extra mile which is the case in this situation. I am happy to answer any questions. Ms. Rucinski: Any questions? Okay. Mr. Bourdon: Thank you. Ms. Sandloop:We have two speakers ma'am, Melani Moreno and then Jared Brandwein. Ms. Moreno: Hello, Melani Moreno again. This is a theme called the southern watershed today for the two instances that I've stood before you and I don't want to be up here today and I don't want to be fighting this but I have to oppose this build until the City Council prioritizes the resolution that gets the water in the southern watershed out 6 of the Back Bay. Every single build in this watershed is going to add a drop into a bowl that does not dump out for 85 miles south, that's just a fact. I don't like it. You don't like it, but something has to be done before we add to it and every, I apologize, every bill that comes before you for approval in this watershed is adding to that problem. I feel like it's reckless. There's no formal stormwater plan that can assure water to be kept on this site. This was originally zoned in 2008. We didn't have this problem identified in this watershed in 2008. That's a fact, we have to deal with what's current and what's now and what's now is we're flooding. I cannot drive off my property,my neighbors can't drive off their property without having a four wheel drive truck, that's just a fact. And I need to stand before you to support that you consider that. In review of the transition area guidelines, this bill does not serve the definition of a buffer for a low density, low density rural area. This is a bill that would be appropriate for light industrial area. I don't believe that a storage area would add to the skyline of any child peering out the windows of the preschool across the street, nor any person traveling or walking that shopping area, it would actually deter walking. It would be an eyesore and it would not serve shoppers to spend money or continue past it on a stroll. The last issue I have on this build is that I don't understand what neighborhood is serving about this build. Where's the data supporting that? We have huge homes surrounding this proposed build that exceed 2500 square feet with double garages, how would a facility to store things serve our neighborhoods in this particular area? That's all I have to say about this build. Ms. Rucinski: Thank you for coming down again Ms. Moreno. 7 J Ms. Moreno: Thank you. Ms. Sandloop:Jared Brandwein Ms. Rucinski: Can you state your name for the record? Mr. Brandwein: Yeah, I'm sorry, Jared Brandwein. I'm with Back Bay Restoration Foundation. I'm the executive director; we've been in existence for approximately 33 years. This project is a lot easier for me to address than the previous D1 project because this is in the transition area, an area that Back Bay Restoration Foundation opposed from its original conception in the late 90s. If you go down there, many of you don't live there. If you drive past the green line and go into the transition area, there's absolutely nothing transitional about the transition area. It looks like every other portion of Virginia Beach that's built out. Fortunately, we still have area within the transition area that's green, that's agricultural, but there's not much in the transition area that's transitional. I fully respect Eddie's position, he's been a worthy opponent. For the three times I been here, I was here in the 80s. I was here in the early 2000s as a manager of Back Bay, and I'm here now as the executive director of BBRF. Certainly a worthy opponent because he won most of the time but the city lost. Look at Sherwood Lakes right now, our council and this planning commission agreed that open water is the same as open space. I haven't been able to walk on water yet. You know once again,just because the client is in debt for putting their money on the line expecting Planning Commission and City Council to up zone or approve developments that are not in the best interest of the watershed. This is a capitalist society that's a bad investment. It's not the job of the city to bail 8 A out bad investments. We are adamantly opposed to this, but if history is Prelude, you'll approve it and then in another 10 years or less, we'll be back here saying I told you so once again. I guess my time is closed now. Ms. Rucinski: Any questions? Thank you, Mr. Brandwein. Mr. Brandwein: Thanks. Ms. Sandloop:No more speakers. Ms. Rucinski: Would the applicant like a chance to rebuttal? Mr. Bourdon: I would be brief. Jared is a very, very smart guy and he's very pragmatic. And I certainly, you know, respect what he has to say and what he says and I appreciate it. But the reality and you all understand this is that this isn't a rezoning today. This is a piece of property that has been zoned for 10 years and has been fully developed. It has numerous by right development options that would provide more impervious surface, less additional added stormwater retention and protection than would otherwise be required that because it's a use permit, you're getting, excuse me, and more traffic. All right, the absolute reality is if I were coming in today and asking, I wouldn't be here if I was asking to rezone this piece of property, I wouldn't be here. Okay, it's been rezone for a long time. It's at the northern, y'all know where it is. I won't go over and over again. So this is and again, I get the point and I actually agree with the point, we need to resolve the issue with Back Bay, it's a bigger issue is my only point. I didn't stand up here and say you need to approve this because my clients inherited debt. The point is, it's going to develop and this is a better way for it to develop. That's my point. All right and that was lost on 9 others, I want to make that very clear. This property can be developed and then you have to come up here before you to be developed and it can have 75%although it may not get to 75% impervious surface. No one would ever see it, but they've got to meet the requirements,but could that happen at 75%? Yeah, it may have to do an underground BMP, underneath parking lot or something like that, but that's the point. It's an already developed vested rights piece of property. So that is, I am sorry to runoff it and again, I'm not up here to try to suggest that the concerned isn't legitimate, it is but we have to balance that. We can certainly say no new developments, will we get it resolved if that's what the council ultimately wants to do, but you can't punish somebody who's been there for all these many years, you know, for doing everything that they can do to make the situation better,not worse. Thank you. Ms. Rucinski: Any questions? We'll go ahead and close this public hearing and open it up to the commissioners. Jack. Mr. Wall: All right, so it's already zone B-2. And, you know, I can't say that I'm in favor of the land use, you know, within the transition area, the usage of a storage unit, you know, in the south side of Sandbridge Road, but this corner is already zoned B-2 and I knew with that being said, and with the explanation and would appear to be sufficient stormwater management plan that I'm in favor of it and partly it's because of the details and the amount of work that's gone into the elevation views in the architecture for the facility. And I'm not sure that would be achieved if it were something else, some other structure at that location. It could be developed by right by something else and you know, we've heard that before, but I think in this case, 10 you know, with its kind of an somewhat appealing for the area architecture. So I support it. Ms. Rucinski: Okay, thank you. Anyone? Mr. Horsley: I think the city is kind of benefited because this property wasn't developed when it could have been developed back in 2008. We've gotten less of a very, less intense use and most B zoning, we've gotten a better stormwater plan because of the additional retention point that we got here on the property. We've got less lot coverage so that way, and then we could have had back then. I think the city has benefited and I think that the renderings that we've been provided, you know, the building for a storage unit is pretty attractive storage unit in my estimation,was the rip that said my farm needs to look like that storage barn, it's pretty nice looking barn, but so with all due respect to the needs that we have for storm water and the problems we got down south, I don't think this is going to add anymore. I think what we're doing,I think what we're doing with these projects like this,even though we're approving them, we're bringing more and more attention to the storm water problems that we've got down south and more and more people are becoming aware of it and I think we will get some help on it hopefully in the not too distant future because we definitely need it. But I can't see that these folks that this property belong to and could have developed it, you know, 10-11 years ago. I can't see that since they've come in now with this use that we shouldn't approve it. So I'm going to support the application. Ms. Rucinski: Great, thank you. Ron. 11 Mr. Ripley: I was initially concerned with the issues about meeting the guidelines of the transition area and the more I looked into it, the more I think it probably does, I think the reason why you see the elevations like you see is because of the guidelines. The guidelines are not something that you must do or have to do, but zoning its guidelines and the guidelines helped shape looks and uses, although I would say in this area that mini storage really does serve neighborhoods immediately around them, and you don't drive across city, the store or something you would do, generally in the general areas where you use it and also supports the businesses as well. So it's probably a practical use for it and like Don says there are other uses that I know came along over the years that were looking at this area before the transition area really kind of got their hands around what they want to see in there and I know there's been a lot of housing ideas that certainly wouldn't compatible with the transition that would like to gone in there. There's a lot of uses and like to be there, this is, you know, I think again, I'm not enamored by having many storage here but I don't think it's behind the, it's located behind the buildings that face Sandbridge Road which will you see and this off the beaten path and if you go down there a lot and I do, I go by there a lot because I gotta play in Sandbridge and you know, Anderson's is a great store, but Anderson doesn't do the business Home Depot does, it's, you know,just to work at it. Some days that parking lot is real empty. So having a little extra business in the area, I don't think it's going to hurt. And the fact that we've got by the idea, I don't want to beat the drainage issue. We've kind of beat that to death today but that was addressed I think so. Anyway, I'll support it. 12 Ms. Rucinski: This side of the room have any comments? Mr. Inman: I'll make a motion to approve the application. Ms. Rucinski: All right. Ms. Ripley: Second. Ms. Sandloop:The vote is open. By the recorded vote of 6-1 with commissioners Weiner and Graham abstaining, agenda item D2 has been approved. Ms. Rucinski: Thank you. Is there any further business? Mr. Wall: I just want to say, you know, I do really appreciate the speakers that have come up and you've spoken concerning the storm water because it is very insightful and,you know, it's taken I think very well. Ms. Rucinski: And they care about the city. I appreciate that. All right,if there is no more business on behalf of my fellow commissioners,I would like to thank everyone for attending today and thank the planning director and his staff for their excellent work in preparing today's agenda. This meeting is adjourned. AYE 6 NAY 1 ABS 2 ABSENT 2 ALCARAZ ABSENT BARNES NAY GRAHAM ABS HORSLEY AYE INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABS 13 Conditions 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "CONDITIONAL USE PLAN, SANDBRIDGE MARKETPLACE," dated July 12, 2019,prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The elevations of the proposed buildings shall be in substantial conformance with the exhibits entitled, "NEW FACILITY, SANDBRIDGE MARKETPLACE," dated March 1, 2019, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes,band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside) storage of items on the property. 4. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 5. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 6. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes,but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to the parking area; (c) Street frontage landscaping, a minimum ten(10) feet in width, installed along Fisher Arch. 7. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than 12 feet. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 14 8. Signage shall be limited to one monument-style freestanding sign, and two building signs as shown on the submitted building elevations and renderings. The monument-style sign shall not exceed six feet in height and shall be constructed using materials to match the building. 9. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. 10. There shall be no permanent dumpster located on the property. 15 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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(Z vbgov.corn or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/19/2019 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 0 T T HE E E S S E O O E T I R Y S S ER NDN INFORMAL SESSION A. Mayor Robert M. CALL TO ORDER `Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION Il. CITY COUNCIL/SCHOOL BOARD JOINT SESSION A FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist- Hampton Roads Planning District Commission(HRPDC) Kevin Chatellier,Co- Acting Director- Budget and Management Services Farrell Hanzaker,Chief Financial Officer- Schools M. CITY MANAGER'S BRIEFING STORMWATER EQUIVALENT Mark Johnson,Director RESIDENTIAL UNIT(ERU) —Public Works Michelle Clark, Administrative Services Manager—Public Works IV-VI CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES 1. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y October 29,2019 2. INFORMAL AND FORMAL SESSIONS November 12,2019 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 3. SPECIAL SESSION November 13,2019 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G. PUBLIC HEARING FY 2019-20 CAPITAL BUDGET AMENDMENT School Renovation and Replacement 3 SPEAKERS Projects/Reversion Funds I.1 Resolution to ADOPT the City/School ADOPTED,BY 9-2 N Y Y YYN Y YYY Y Revenue Sharing Formula Policy CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/19/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ER NDN 1.2 Resolution to DELAY for one(1)year the ADOPTED,BY 11-0 YYY YYY Y YYY Y requirement re pawnbroker be a natural CONSENT person 1.3 Resolution re Dome Site Development: ADOPTED 10-0 YYY Y Y AY YYY Y B a. APPROVE the execution of Development S Agreement T A b. AUTHORIZE Development and I Execution of Supplemental Documents N E c. ESTABLISH CIP#9-068,"Dome Site D Development Acquisition" d. APPROPRIATE$9-Million to CIP#9- 068,"Dome Site Development Acquisition" e. DIRECT the City Manager to take certain supplemental actions and f MAKE certain findings re the Preliminary Project Plan I.4 Ordinance to DEDICATE 25%of the ADOPTED,AS 10-0 YYY Y Y AY YYY Y General Fund revenues generated by the AMENDED B Dome Project re Stormwater S Improvements(Requested by Council T Member Abbott) A N E D I.5 Resolution to DIRECT the award of a ADOPTED,BY 11-0 YYY YYY Y YYY Y contract to GovHR USA re City Manager CONSENT Search 1.6 Resolution to REESTABLISH the Citizens ADOPTED,BY 11-0 YYY Y Y Y Y YYY Y Committee on Boards and Commissions CONSENT I.7 Ordinance to ACCEPT and ADOPTED,BY 11-0 YYY YYY Y Y Y Y Y APPROPRIATE$227,136 from the CONSENT Virginia Department of Criminal Justice Services to the FY 2019-20 Non- Departmental Operating Budget re recovery and support from the events of May 31" J.1 GEE'S GROUP,LLC/PRINCESSBORO DEFERRED TO 11-0 YYY YYY Y YYY Y DEVELOPMENT COMPANY,INC.,fora DECEMBER 3,2019, Conditional Use Permit re mini warehouse BY CONSENT at 1964 Fisher Arch DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/19/2019 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDNOMO 0 LW 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN J.2 JEFFREY&PAIGE MADRIGAL for DEFERRED 11-0 YYY YYY Y YYY Y the Street Closure re 334 square feet INDEFINITELY portion of an unimproved right-of- way adjacent to the rear of 317 45th Street DISTRICT 6—BEACH K. APPOINTMENTS: RESCHEDULED BYC ON S E N S US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS — BUILDING MAINTENANCE DIVISION — ELECTRICAL DIVISION — NEW CONSTRUCTION DIVISION — PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD BOARD OF ZONING APPEALS Reappointed: 11-0 Y Y Y Y Y Y Y YYYY Janice Anderson— (Full Member) Thomas Holland Myles Pocta— (Full Member) David Whitley 5 Year Term 1/1/2020-12/31/24 CHESAPEAKE BAY PRESERVATION Reappointed: 11-0 YYY Y Y Y Y YYY Y AREA BOARD David Jester 3 Year Tenn 1/1/2020-12/31/2022 COMMUNITY ORGANIZATION Appointed: 11-0 YYY YYY Y YYY Y GRANT REVIEW&ALLOCATION James Booker- COMMITTEE At Large 3 Year Tenn 11/19/2019-10/31/2022 COMMUNITY SERVICES BOARD Appointed: 11-0 YYY YYY Y YYY Y Lori Bridges Unexpired term thru 12/31/2020 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/19/2019 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 S ERNDN DEVELOPMENT AUTHORITY Appointed: 8-3 NYY YYN Y YYYN William Brown Unexpired term thru 8/31/2020 +4 Year Term 9/1/2020-8/31/2024 HISTORIC PRESERVATION Reappointed: 11-0 YYY Y Y Y Y YYY Y COMMISSION Harriet Frenzel Bobbie Gribble 3 Year Term 1/1/2020-12/31/2022 HISTORICAL REVIEW BOARD Appointed: 11-0 YYY YYY Y YYY Y Charles Hightower Brian Facemire 3 Year Term 11/19/2019-10/31/2022 OCEANA LAND USE CONFORMITY Appointed: 11-0 YYY Y Y Y Y YYY Y COMMITTEE Capt.John Hewitt Ex-Officio No term OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 YYY Y Y Y Y YYY Y Clay Bernick 3 Year Term 11/19/2019-10/31/2022 PLANNING COMMISSION Reappointed: 11-0 YYY Y Y Y Y YYY Y Donald Horsley- At Large 4 Year Term 1/1/2020-12/31/2023 RESORT ADVISORY COMMISSION Reappointed: 11-0 YYY YYY Y YYY Y Elizabeth Baumann (Restaurant Association) Kristin Chastain Russell Lyons (President,Hotel/Motel Association) 3 Year Term 1/1/2020-12/31/2022 SOUTHSIDE NETWORK AUTHORITY Appointed: 10-1 YYY YYN Y YYY Y Pedro Wallace- Alternate 4 Year Term 11/19/2019-11/19/2023 UM/N ADJOURNMENT 7:28 PM