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04-20-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0-141A r MAYOR ROBERT M. "BOBBY"DYER,At Large SQ` c6'L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 O4' ""`:•_ �� JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERLUCCHL Rose Hall—District 3 \ t I );= 1� BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large +, ,.• �� AARON R.ROUSE,At Large °UR GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR April 20, 2021 FAX(757)385-5669 CITY AUDITOR—LYNDON S.REM/AS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center- A. INTERIM FINANCIAL UPDATE 12:00 PM Letitia Shelton, Director of Finance B. FY 2021-22 RESOURCE MANAGEMENT PLAN (Budget) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS 12:15 PM Dr. Aaron Spence, Superintendent 2. VIRGINIA AQUARIUM 1:00 PM Cynthia Whitbred-Spanoulis, Director 3. HUMAN SERVICES 1:15 PM Aileen Smith, Director 4. RESORT MANAGEMENT 1:30 PM Brian Solis, Acting Resort Administrator 5. PARKS AND RECREATION 1:45 PM Michael Kirschman, Director C. FY2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) 1. STORMWATER 2:00 PM FLOOD CONTROL- Toni Utterback, Stormwater Engineering Center Administrator OPERATIONS- Mark Jones, Stormwater Manager REGULATORY- Jim Milliken, Stormwater Engineer 2. BUILDINGS 2:45 PM Thomas Nicholas, Facilities Engineer 3. ROADWAYS 3:00 PM David Jarman, Transportation Division Manager 4. PARKS AND RECREATION Chad Morris, Planning Design and Development Administrator 3:15 PM 5. ECONOMIC AND TOURISM DEVELOPMENT 3:30 PM Kathy Warren, Director—Strategic Growth Area Office II. CITY COUNCIL COMMENTS 3:45 PM III. CITY COUNCIL AGENDA REVIEW 4:00 PM IV. INFORMAL SESSION -Virginia Beach Convention Center- 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION March 30, 2021 2. INFORMAL and FORMAL SESSIONS April 6, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION David A. Bradley H. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and permanent easements re West Neck Road Phase IV Project, CIP #2-088 2. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD) re HURD'S COVE I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District(SSD) and AUTHORIZE the REFUND of SSD Levies 2. Resolution to ESTABLISH a Citizens Review Panel Task Force (Requested by Council Member Wooten) 3. Ordinance to AMEND City Code Sections 35-144, 35-166, and 35-192 re Statutory Assessment Notices for the delivery of meals,transient occupancy, and Admissions Tax 4. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton,Newport News,Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement(MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Maintenance Dredging 6. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority (VBDA) APPROVE the Extension 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier, open-sided roof, and boat lift(Deferred from April 6, 2021) 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier, boat lift, and jet ski floats (Deferred from April 6, 2021) 9. Ordinance to ESTABLISH two (2) Capital Projects and TRANSFER$1.87-Million from the City Council Special Pandemic Relief and Vaccine Support Reserve re support police initiatives 10. Ordinance to APPROPRIATE $4.6-Million from the Fund Balance of the Subscriptions Internal Service Fund to the FY 2020-21 Information and Technology Operating Budget re costs associated with relocation and modernization of the City's data center and the establishment of an off-site data center K. PLANNING 1. GEORGE RANDOLPH WEBB,JR AND LELIA GRAHAM WEBB for a Street Closure re 25-foot by 125-foot portion of Holly Road adjacent to 401 49t'' Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APRROVAL APPLICANT REQUEST DEFERRAL TO MAY 4, 2021 2. DAM NECK STORAGE, LLC for a Modification of Proffers re expand the office warehouse and a Conditional Use Permit re bulk storage yard at 1441 London Bridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. PRESMONT CONSTRUCTION SERVICES, LLC / KS SHORE, LLC for a Conditional Use Permit re automobile service station at 4769 Shore Drive DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** 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(avbgov.com or call 385-4303. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e4e2007dead 1046f9a2954db3 f806 4472 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 20, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center- A. INTERIM FINANCIAL UPDATE 12:00 PM Letitia Shelton, Director of Finance B. FY 2021-22 RESOURCE MANAGEMENT PLAN (Budget) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS 12:15 PM Dr. Aaron Spence, Superintendent 2. VIRGINIA AQUARIUM 1:00 PM Cynthia Whitbred-Spanoulis, Director 3. HUMAN SERVICES 1:15 PM Aileen Smith, Director 4. RESORT MANAGEMENT 1:30 PM Brian Solis, Acting Resort Administrator 5. PARKS AND RECREATION 1:45 PM Michael Kirschman, Director C. FY2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) 1. STORMWATER 2:00 PM FLOOD CONTROL-Toni Utterback, Stormwater Engineering Center Administrator OPERATIONS- Mark Jones, Stormwater Manager REGULATORY-Jim Milliken, Stormwater Engineer 2. BUILDINGS 2:45 PM Thomas Nicholas, Facilities Engineer 3. ROADWAYS 3:00 PM David Jarman, Transportation Division Manager 4. PARKS AND RECREATION Chad Morris, Planning Design and Development Administrator 3:15 PM 5. ECONOMIC AND TOURISM DEVELOPMENT 3:30 PM Kathy Warren, Director— Strategic Growth Area Office II. CITY COUNCIL COMMENTS 3:45 PM III. CITY COUNCIL AGENDA REVIEW 4:00 PM IV. INFORMAL SESSION - Virginia Beach Convention Center- 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION March 30, 2021 2. INFORMAL and FORMAL SESSIONS April 6, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION David A. Bradley : J c - +'J 4 OUOUR`R.TO RESOLUTION WHEREAS:David Bradley began his long and successful career with the City on September 1,1988;and WHEREAS:He earned a Bachelor of Science in Business Administration,and a Master of Business Administration from East Carolina University,and remains a loyal Pirates fan to this day;and WHEREAS:Since 2019,he has served as Deputy City Manager of Infrastructure,which includes the Departments of Public Works,Public Utilities,Information Technology,Finance and Budget and Management Services;and WHEREAS: David served the majority of his career with Budget and Management Services, serving numerous roles including Budget Analyst,Management Services Administrator(Deputy Director),and finally Director from October 2016 to September 2019;and WHEREAS: While serving as Director of Budget and Management Services,he provided strategic direction for the City's Operating Budget of$2.1-Billion and Capital Improvement Program of$3.4-Billion,which included developing funding plans for resort areas private/public partnerships and storm water capital project deficiencies;and WHEREAS: David served two times as Management Services Administrator (Deputy Director) from June 2001 to December 2006 and August 2007 to September 2016, with responsibilities ranging from coordinating the Lynnhaven Mall Expansion Project,acting as Project Manager for the Tidewater Community College Expansion Project,and managing the relocation of Operation Smile's headquarters to Virginia Beach;and WHEREAS:David has exemplified the tenets ofpublic service by holding varied positions in the City,including the Interim Director of Economic Development,Administrative Services Manager in Parks and Recreation,and Public Utilities Finance Officer;and WHEREAS:David has been committed to upholding the City's fiscal security and providing effective services to the City and its citizens;along with his vast knowledge and countless number of projects completed throughout his Virginia Beach career,he leaves a remarkable record of accomplishment behind;and WHEREAS:On this day; we honor a public servant and leader who deserves our recognition for all that he has done for the City of Virginia Beach. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to DAVID A.BRADLEY for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service Given under our hands this 20'h day of April,2021. 40•AL X- III. Council Her erJessica P.A66ott Council Yem6er MichaelF.Berfuccfii Council-911em6erBarbara 31.glen 4iVAilq12' Counctl9Hem6er uis R.Jones un :Men fierJo fin'D.M�oss� Council liemberAaron�R.Rpuse Councif:Mem6er Guy X'Tower Council91em&erIps ryWilson Council"Mem6erSa Tina D.Wooten Vice James L Wood O9Nayor Ip6ert. . 'Bo6 er H. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and permanent easements re West Neck Road Phase IV Project, CIP #2-088 2. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD)re HURD'S COVE u• PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,April 20,2021 at 6:00 p.m.in the Virginia Beach Convention Center,Suite 5,1000 19'^ Street, Virginia Beach, Virginia on the proposed acquisition,by agreement or condemnation,of property in fee simple and temporary and permanent easements necessary for the West Neck Road Phase IV Project,CIP 2-088.The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project. Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below. Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center. Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at rittbs://vbaov.webex.com/vbgovionstageigohu 'MTID=e4e2007dead1046f9a2954db3f80644 72 and 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 20,2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303:Hearing Impaired,call 1- 800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 N.Landing Road,at the Virginia Beach Municipal Center, (757)385-4161. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:April 11,2021 - - �te+ li -a �;1„� I Ft> a si PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE HURD'S COVE DREDGING SPECIAL SERVICE DISTRICT As required by Code of Virginia§15.2-2402.1,the City Council of Virginia Beach will hold a public hearing on an ordinance to modify the Special Service District boundaries for the Hurd's Cove Dredging Special Service District. In accordance with Virginia Code§2.2-3708.2, Virginia Code§15.2-1413 and the City's Continuity of Government Ordinance adopted on March 2,2021,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 20,2021 at 6:00 p.m.In Suite 5 of the Virginia Beach Convention Center. Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below. Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center. Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httosJivbgov webex com/vbpov/o'istage/g oh¢ ?MT I f 1=e4e20O7 dead 1046f9a2954d b3f80644 I2 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 20,2021. Copies of the proposed ordinance,including a map of the district boundary may be examined by appointment in the Department of Public Works at 2473 North Landing Road, Virginia Beach, VA 23456. For information call James White,(757)385-4838. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON- MARCH 28,2021,APRIL 4&11-1 TIME EACH i[ it,'VA2,., 3 4- ",k- % --YV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the West Neck Road Phase IV Project, CIP 2-088, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: April 20, 2021 MEETING DATE: May 4, 2021 • Background: The West Neck Road Phase IV project (the "Project") is for the improvement of a 5,750 linear foot section of West Neck Road from Kellam High School to the beginning of the Eagle's Nest subdivision. The Project will improve safety along this section of West Neck Road, which currently has narrow lanes (11'), no shoulders and steep ditches. There are some trucks that frequently travel on this road that are wider than the existing lanes. The Project will provide wider lanes (12'), paved shoulders, and swales instead of ditches, all to improve safety for vehicles and cyclists. The Project will also improve accessibility for pedestrians by bringing 8'-wide asphalt sidewalks, and LED street lighting and landscaping will enhance the Project. The Project first appeared in the FY 2015-16 CIP. • Considerations: The Project will require property and easements from 8 privately owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Portions of three City-owned parcels will also be dedicated to the Project. • Public Information: A Citizens Information meeting was held on May 17, 2018. A public hearing was held on April 20, 2021, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate' City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE WEST NECK 4 ROAD PHASE IV PROJECT, CIP 2-008, AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, BY AGREEMENT 7 OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1s Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements (the "Property"), as shown on the 22 plans entitled "WEST NECK ROAD PHASE IV" (the "Project"), and more specifically 23 described on the acquisition plats for the Project (plats and plans collectively referred to as 24 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 25 Works, City of Virginia Beach, Virginia. 26 27 Section 2. That the City Manager is hereby authorized to make or cause to be made 25 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 29 offer to the owners or persons having an interest in said Property. If refused, the City 30 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 31 condemn said Property. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 34 , 2021. CA-15209 PREPARED: 3/25/21 R-1 c:\users\ccva ug ha n\a ppd ata\loca I\m icrosoft\windows\i netcac he\content.outlook\5ybtokgg\00701507.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 1 Si NPATU CI OR E i� ► �: DEPARTMENT , , N NIMMO PW4,4 � �1,;,4;"(--\\:c-'),,, �� illo40W —�• E aaa, :A k II /SiIt80*( r, i ,.-, ,ip �NDIgN,ivi, RO I Q�n V Y - o .L' f\ 0 ''''.\,1,2<(,/ ©.3 OO•►14 0 10411t. e 01, d0 G ICI �► o I • Q'° O y4O�4 o 6 Q rTh • SISS F� ON °Iie SOw_LINN�j t.t♦4 r•Ii yr % ;�"fi for ir4►"1 `', G ' L-, ej 41. _ "dt Cr lm, �:,►1 4 o 4 Cj ' ' ❑ c:T► ' I :t 1i'`ONa k Cam,Cs'-,.f^i .A SOpt ..�.��/f j r- ��i� 443\ CIA C��i to L .4.t. .•►4 /i . t.s 4r�., s�9',w ►�. ♦ Ti 0 via tti� © ® s "I.r' i. .,., Ecs`l�'�`o •sue o�`�� •—e.> �N*\.- Illi -)'' ®��t.en BROM 4' Crs' , t...r�'J ti L,A (jir `0%,ir +iA Cal ice/ `0,0©''' ® Ile* . 4 ,. —qwm e1,i��® a fd #4*, &' .. dr i . k. 4 41# 0.z 4*AP . ". "419 i Q oQ oprilllig4k Q2:4G c ► �474"1" ,Oett46.,} r -• 0 0 \30 D ir.41., 44fikka tabf 44,47-4110. ?1/04741ViAth gtrier":414111P14-irws aac Q c t0-1,1114v "IA o , ` ®%Mir. � 11114I II 11171&11, o At'e ►, n , , tic 45 X a 4 4 4 4 NEM MI ....T?Millgtall mill � � L;1128.2OCATION MAP ® j WEST NECK PHASE IV Mr , SINN CIP 2-088 Prepared by P.W./Eng./Eng.Support Services Bureau 01/04/2021 XACADD\Projects\ARC Files\AGENDA MAPS\WEST NECK PHASE IV CIP 2-088 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District (SSD) and AUTHORIZE the REFUND of SSD Levies 2. Resolution to ESTABLISH a Citizens Review Panel Task Force (Requested by Council Member Wooten) 3. Ordinance to AMEND City Code Sections 35-144, 35-166, and 35-192 re Statutory Assessment Notices for the delivery of meals,transient occupancy, and Admissions Tax 4. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton,Newport News,Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement(MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Maintenance Dredging 6. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority(VBDA) APPROVE the Extension 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier, open-sided roof, and boat lift(Deferred from April 6, 2021) 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier, boat lift, and jet ski floats (Deferred from April 6, 2021) 9. Ordinance to ESTABLISH two (2) Capital Projects and TRANSFER$1.87-Million from the City Council Special Pandemic Relief and Vaccine Support Reserve re support police initiatives 10. Ordinance to APPROPRIATE $4.6-Million from the Fund Balance of the Subscriptions Internal Service Fund to the FY 2020-21 Information and Technology Operating Budget re costs associated with relocation and modernization of the City's data center and the establishment of an off-site data center 14 {I1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Modify the Boundary of the Hurd's Cove Neighborhood Dredging Special Service District to Remove 931 Hurds Rd (GPIN 14981294940000), and to Authorize the Refund of SSD Levies MEETING DATE: April 20, 2021 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. The City Council has approved eight individual special service districts (SSDs) based upon the referenced policy. After approval of an SSD, City staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. Staff has determined that significant environmental wetlands impacts will result in the inability to obtain a permit to dredge a navigation channel to the property at391 Hurds Rd. Therefore, Public Works recommends that the property be removed from the district boundary. • Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. For 931 Hurds Rd (GPIN 14981294940000), the staff identified significant wetlands mitigation as the barrier to the property receiving the enhanced or additional services of this SSD. In addition to removing the referenced property, the attached ordinance would authorize the refund of the SSD levies collected from the property and interest to be provided based upon the City's most recent general obligation bond sale. • Public Information: The property owner was first informed of the pending removal by letter on January 28, 2020. The property owner was later informed, via email, on March 22, 2021 that a City Council agenda request had been initiated to request the ordinance be modified to reflect the removal of 931 Hurds Rd. This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. The advertisement dates are Sunday, March 28, 2021, Sunday, April 4, 2021 and Sunday, April 11 , 2021 . Additionally, public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance, Modified District Boundary Map (Attachment A), List of Property to be removed (Attachment B) Recommended Action: Approval Submitting Departrpent/Agency: Public Works City Manager: r 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE 931 HURDS RD (GPIN 4 1498129490000), AND TO AUTHORIZE THE REFUND OF 5 SSD LEVIES 6 7 WHEREAS, the City Council established the Hurd's Cove Special Service District 8 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; 9 10 WHEREAS, due to significant wetlands mitigation concerns, the SSD requires 11 modification to remove one parcel from the SSD; and 12 13 WHEREAS, in the City's July 2019 general obligation bond sale, the new money 14 bonds had a true interest cost of 2.26%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundaries of the Hurd's Cove SSD are hereby modified to reflect the 20 map attached hereto as "Attachment A," with a GRIN and address of the parcel to be 21 removed in "Attachment B." 22 23 2. That the parcel removed from the SSD shall be issued a refund from Capital 24 Project #100210, "Hurds Cove Neighborhood Dredging" and such refund shall include 25 interest using the amount of the City's most recent general obligation bond sale 26 compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED A TO CONTENT: U City Treasurer's Office Public Works APPROVED AS TO LEGAL SUFFICIENCY: City Att eys Office CA15371 R-1 April 8,2021 Wirrigil N w ',� E �1J• 4 0 .4 _ iI r1 s co L-,/ )' 4 CD ""!.1.1, ' i ) , — /0,,....4 • Ig 10,2 \„......... — :, / kra\ : ., ; : • ef ti♦ ®` ® ® ® \+._ 931 Hurls Rd 1- �° GPIN:14981294940000 : , I I 1 r/ lip-W* P ® _ . 1r ®�1® 0® lt ' \� CD ,_, N - 0 > 4f4„,,,, e a- le // r 42 . N • / J y/ *., * 2 __ r- 2_-\\ ® ct* \i" p ® �\klIPP A 411 Hctot ,,,/ 40 .. .,_,„..< 2.iii, i . , 0 ..„. \ . btN . ar, Akv... 40 co ____ . * /_, _____ \N\ i.* 1 I . \ 4% .,i4 .N z z ( __ , ,. i 4/DVP 1 ___ ----- , , 2 R) ��aG Y �\ �� ® �_ , cir, Legend ®Illt�� / . 111111 or �777 4. Main Channel /' \ / _ / / IMI City Funded Spur : I ®Neighborhood Funded Spur [-Q `\ L . Removed Channels -` ; 1.1 Property to be Removed - J� �� i / �/ Area , - 4/ / I Q Study Property 'ATERGATE LN /) /T Property Lines ' /C \ % ( `C J I I'Buildings � V ✓/ _ `� City Property �1 \ i °° Hurds Cove Neighborhood Dredging- March 2021 Feat69 Properties "Attachment A" ~—�`' ATTACHMENT B Hurds Cove SSD Property to be Removed from Program March 2021 1 Property GPIN Address 14981294940000 931 HURDS RD rnBfjCH: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Citizens Review Panel Task Force MEETING DATE: April 20, 2021 • Background: In 1991, the Investigation Review Panel ("IRP")was created to look into claims of improper police behavior. The purpose of the IRP is to ensure that reports and conclusions of the Police Department's Internal Affairs Office investigations involving abuse of authority or other serious misconduct are complete, accurate, and factually supported. Accordingly, the IRP is currently authorized to review Internal Affairs investigations. Last year, the General Assembly approved a bill, with an effective date of July 1, 2021, that authorizes the governing body of a locality to establish a law- enforcement civilian oversight body with additional duties, including the ability to independently investigate complaints by civilians. • Considerations: This resolution establishes a Citizens Review Panel Task Force to serve in an advisory capacity to the City Council. The Task Force will consist of seven members who will study the following five topics and report back to the Council no later than June 1, 2021: 1. The difference between investigatory power and subpoena power, and whether investigatory power can be utilized without subpoena power; 2. The purpose and designation of a budget for the citizens review panel; 3. The impact of a citizens review panel on the Police Department; 4. Identifying the best model that the City of Virginia Beach should adopt; and 5. Other pertinent topics regarding the development of the citizens review panel. • Public Information: Public information will be provided through the normal Council agenda process. The City Council has received several public presentations regarding police civilian oversight, including a February 16, 2021 briefing by Dr. Veronica Coleman on behalf of the Mayor's African American Roundtable. • Attachment: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION ESTABLISHING A CITIZENS REVIEW 2 PANEL TASK FORCE 3 4 WHEREAS, in 1991, the Investigation Review Panel ("IRP") was created to look 5 into claims of improper police behavior; 6 7 WHEREAS, the purpose of the IRP is to ensure that reports and conclusions of 8 the Police Department's Internal Affairs Office investigations involving abuse of authority 9 or other serious misconduct are complete, accurate, and factually supported, and, 10 accordingly, the IRP is currently authorized to review Internal Affairs investigations; 11 12 WHEREAS, last year, the General Assembly approved a bill, with an effective date 13 of July 1, 2021, that authorizes the governing body of a locality to establish a law- 14 enforcement civilian oversight body with additional duties, including the ability to 15 independently investigate complaints by civilians; and 16 17 WHEREAS, the City Council would benefit from receiving recommendations of a 18 task force of stakeholders that would study the following issues with respect to the 19 additional duties authorized by the new state legislation: 20 21 1. The difference between investigatory power and subpoena power, and whether 22 investigatory power can be utilized without subpoena power; 23 24 2. The purpose and designation of a budget for the citizens review panel; 25 26 3. The impact of a citizens review panel on the Police Department; 27 28 4. Identifying the best model that the City of Virginia Beach should adopt; and 29 30 5. Other pertinent topics regarding the development of the citizens review panel; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the City Council hereby establishes the Citizens Review Panel Task Force. 36 37 2. That the task force shall serve in an advisory capacity to the City Council, and 38 the City Council shall appoint its members. 39 40 3. That the task force shall consist of seven members. 41 42 4. That the task force shall study the five topics listed above and report back to 43 the City Council with its recommendations on those four topics no later than June 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: k- . ;,i,.,,‘ City Attorney's Office CA 15374 R-3 April 1, 2021 '. is) CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Sections 35-144, 35-166, and 35-192 of the City Code Regarding the Delivery of Meals, Transient Occupancy, and Admissions Tax Statutory Assessment Notices MEETING DATE: April 20, 2021 ■ Background: The City assesses and collects certain excise taxes upon meals, transient occupancy, and admissions. These taxes are generally referred to as "trustee taxes" because the taxes are assessed upon a business's patrons, collected by the business, and held in trust until the taxes are remitted to the City Treasurer. In the normal course, these remittances are provided prior to the twentieth day of the month following collection. Because of the requirement to hold these funds in trust, the failure to remit trustee taxes in a timely fashion may subject a business and the persons running such business to penalties that are substantially more severe than other types of taxes. The City Code includes an assessment procedure when a business fails to make the required reports and remittances of trustee taxes. In essence, the Commissioner of the Revenue is required to obtain relevant information and make an estimate of the tax due. This process is called a "statutory assessment." In addition to describing the process of estimation of tax due, the City Code prescribes the manner of delivery of a statutory assessment. The City Code requires this delivery to be by one of three methods: hand delivery, facsimile, or certified mail. • Considerations: The attached ordinance changes the delivery requirement for statutory assessments of meals, transient occupancy, and admissions taxes. The Commissioner of the Revenue (the "Commissioner") proposes to change the requirement by adding first-class mail and electronic mail as options for notification instead of certified mail. The Commissioner believes this change will provide a more efficient notification to businesses. If there is no response to the initial notification, the Commissioner has the option to escalate notification through methods such as certified mail or an in-person visit of the business. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of Revenue City Manager: pie 1 AN ORDINANCE TO AMEND SECTIONS 35-144, 35- 2 166 AND 35-192 OF THE CITY CODE REGARDING 3 THE DELIVERY OF MEALS, TRANSIENT 4 OCCUPANCY, AND ADMISSIONS TAX STATUTORY 5 ASSESSMENT NOTICES 6 7 Sections Amended: §§ 35-144; 35-166; and 35-192 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT 11 12 Sections 35-144, 35-166, and 35-192 of the City Code are hereby amended and 13 reordained to read as follows: 14 15 Sec. 35-144. Procedure upon failure to report, etc. 16 17 (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed 18 under this article and to make, within the time provided in this article, the reports and 19 remittances mentioned in this article, the commissioner of the revenue shall obtain facts 20 and information necessary to create an estimate of the tax due. Within ten (10) days from 21 the date the tax was due, he shall proceed to determine and assess against such person 22 the tax and late filing penalty established at section 35-140(b), and shall notify such 23 person, by hand delivery, facsimile, first-class or rod electronic mail, of the total 24 amount of such tax and penalties; a copy of the assessment shall be delivered 25 simultaneously to the treasurer. The total amount thereof shall be payable immediately, 26 and the treasurer shall proceed to collect same as authorized by law. 27 28 .... 29 30 Sec. 35-166. Procedure upon failure to report, etc. 31 32 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided 33 in this article, any report required by this article, the commissioner of the revenue shall 34 obtain facts and information necessary to create an estimate of the tax due. Within ten 35 (10) days from the date the tax was due, he shall proceed to determine and assess 36 against such person the tax and the late filing penalty established at section 35-162(b), 37 and shall notify such person, by hand delivery, facsimile, first-class or certified electronic 38 mail, of the total amount of such tax and penalties, and a copy of the assessment shall 39 be delivered simultaneously to the treasurer. The total amount thereof shall be payable 40 immediately, and the treasurer shall proceed to collect same as authorized by law. 41 42 .... 43 44 Sec. 35-192. Procedure upon failure to collect, report, etc., taxes. 45 46 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided 47 in this article, any report required by this article, the commissioner of the revenue shall 48 proceed in such manner as he may deem best to obtain facts and information necessary 49 to create an estimate of the tax due. Within ten (10) days from the date the tax was due, 50 he shall proceed to determine and assess against such person the tax and the late filing 51 penalty established at section 35-187(b) and shall notify such person, by hand delivery, 52 facsimile. first-class or certified electronic mail, of the total amount of such tax and 53 penalties, and a copy of the assessment shall be delivered simultaneously to the 54 treasurer. The total amount thereof shall be payable immediately, and the treasurer shall 55 proceed to collect same as authorized by law. 56 57 .... 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f ..� � v Commissioner of Revenue y A y's Office CA15376 R-2 April 8, 2021 ( Oa sit ii t' vsi iii i "✓ti� CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads MEETING DATE: April 20, 2021 • Background: On May 4, 1999, the City Council voted to authorize the City Manager to execute the Cost Allocation Agreement ("the CAA") between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and the Transportation District of Hampton Roads. The CAA is the governing document of Hampton Roads Transit ("HRT") and can only be amended by the unanimous agreement of all parties involved. As part of this document, operating assistance from the federal government and from the Commonwealth of Virginia can only be allocated to each city in the HRT system based upon that city's share of the service operated by HRT in a given year. On June 16, 2020, the City Council voted to grant the City's concurrence to an amendment to the CAA for FY 2020-21 only. While that amendment was focused on dedicated funding, one component enabled HRT to assign federal and Commonwealth dollars based upon need rather than a pre-arraigned per-city formula. This assignment is known as strategic allocation. Since the adoption of the amendment to the CAA last summer, the pandemic has continued. The public health emergency has particularly impacted mass transit, due to concerns about close contacts in limited space areas. In response to the economic hardship facing mass transit providers nationwide, the United States Congress has set aside relief funds to support transit operations during the pandemic in multiple legislative enactments. Thus, HRT has been able to use the strategic allocation power authorized by the amendment to the CAA in applying federal relief funds to offset ridership declines and cover service costs. However, the amendment adopted last year will expire at the conclusion of this fiscal year. As it is now known that impacts of the pandemic will continue into FY 2021-22, there is likely to be further economic after-effects for mass transit throughout the next fiscal year, and federal funds earmarked for HRT will remain available into next fiscal year. HRT has requested that the member cities adopt a new resolution to again supersede the traditional allocation formula and allow for strategic allocation in FY 2021-22. This action will provide financial safeguards, both in the consideration of HRT's FY 2021-22 Operating Budget and particularly throughout the year, should actual farebox collections come in lower than projections. Using federal relief funds to cover any difference will prevent the City from becoming the funder of last resort for any differential that may occur through a future true-up to the FY 2021-22 budget. • Considerations: This resolution must be agreed upon by every city in HRT's service area to become effective. If any city refuses to adopt the resolution, the CAA will remain as is. HRT has requested that all member cities adopt this resolution by May 1, 2021. The new resolution will only continue the provisions related to federal and Commonwealth assistance; all other provisions previously amended in FY 2020-21 will revert to the original CAA language. Although HRT has, as shown in the chart below, forecasted farebox collection declines in line with general ridership trends over the last few budget years, the unprecedented nature of the pandemic has caused significant drops in ridership and farebox collection below projected levels. Through January 2021 , systemwide passenger revenue collected is only 60% of the anticipated income in the budget adopted for FY 2020-21. In Virginia Beach, the collection is 54% year-to-date. As this an unusual event, it cannot be known at this time at what rate ridership will return in FY 2021-22. Thus, HRT has forecasted farebox collection in its preliminary FY 2021-22 budget proposal that takes the pandemic into account. This resolution will thus allow for the use of federal funds to fully cover the gap created by the reduction in farebox collections, irrespective of a particular route's number of service hours, and would allow for more federal funds, including additional future funds that HRT will be eligible to receive through the American Rescue Plan (P.L. 117-2), to be used should collections decline further than is forecasted. Fiscal Year Budgeted Farebox for City Annual Budget Reduction of Virginia Beach Routes, Including Paratransit 2018-19 $2,259,323 2019-20 $2,014,350 -11% 2020-21 $1,971,617 -2% 2021-22 Preliminary $1,142,653 -42% • Public Information: Normal Council agenda process. A letter discussing this request was included in the April 2, 2021 City Council Friday Package. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Departments: Department of Planning and Community Development and Department of Budget and Management Services City Manager: e� 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, PORTSMOUTH, 4 VIRGINIA BEACH, AND THE TRANSPORTATION DISTRICT 5 COMMISSION OF HAMPTON ROADS 6 7 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 8 Portsmouth, and Virginia Beach (collectively, the "Participating Cites"), and the 9 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 10 Allocation Agreement, effectively dated October 1 , 1999 ("Allocation Agreement"); 11 12 WHEREAS, the Allocation Agreement, among its other provisions, defines how state 13 and federal funding received by HRT is allocated to the Participating Cities for the capital 14 and operating costs associated with acquiring, consolidating, rehabilitating, operating and 15 expanding public transportation facilities and services for the Hampton Roads Region; 16 17 WHEREAS, the Allocation Agreement currently requires HRT to distribute its eligible 18 federal and state funding to each Participating Cities on a pro rata basis based on the 19 annual cost to provide transit services and the level requested by each Participating City; 20 21 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 22 through strategic allocation of its eligible state and federal funding; 23 24 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 25 allocate its state and federal funding amongst the Participating Cities; 26 27 WHEREAS, the Allocation Agreement may be amended, via a resolution from each 28 Participating City, to permit HRT to strategically allocate its eligible state and federal 29 funding; 30 31 WHEREAS, the City of Virginia Beach desires to modify and amend the Allocation 32 Agreement so that HRT may help mitigate adverse financial impacts to it and the other 33 Participating Cities in fiscal year 2022. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA THAT: 37 38 1) Beginning July 1, 2021 and continuing until June 30, 2022 ("Effective Period"), 39 which corresponds with HRT's fiscal year 2022, HRT is authorized to strategically allocate 40 its available and eligible federal and state funding, to the City of Virginia Beach. 41 42 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 43 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as 44 follows: 45 46 Article IX. Allocation of Revenues 47 [* . 1 48 D. Federal funds received to reimburse net eligible operating expenses will be 49 strategically allocated to each Participating City. Eligible federal funds, in 50 combination with eligible state funds, will be allocated on an annual basis, in such 51 combinations and amounts to be determined by the Commission. Subject to the 52 requirements of Article X, and in the event eligible federal funds are available, such 53 funds will be allocated to the Participating Cities to offset any deficiencies between 54 the estimated Local Share in each Participating City TSP and the actual Local Share 55 determined by the Commission at the end of each of the fiscal year. 56 57 E. State funds received to reimburse net eligible operating expenses will be 58 strategically allocated to each Participating City. Eligible state funds, in combination 59 with eligible federal funds, will be allocated on an annual basis, in such 60 combinations and amounts to be determined by the Commission. Subject to the 61 requirements of Article X, and in the event eligible state funds are available, such 62 funds will be allocated to the Participating Cities to offset any deficiencies between 63 the estimated Local Share in each Participating City TSP and the actual Local Share 64 determined by the Commission at the end of the fiscal year. 65 66 3) During the Effective Period, the City agrees to modify Article X, Calculation of 67 Local Share of Operating Costs, of the Cost Allocation Agreement and add section (C) as 68 follows: 69 70 Article X. Calculation of Local Share of Operating Costs 71 [* * *J 72 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 73 30. In the event the actual total local share of Local Funds is less than the budgeted 74 total local share of Local Funds for a Participating City, after the Commission has 75 strategically allocated fcdo: and state funds in FY2022 ("Surplus"), then such 76 Surplus shall be refunded in full by the Commission to that Participating City on or 77 before August 1, 2023. 78 79 In the event the actual total local share of Local Funds exceeds the budgeted total 80 local share of Local Funds for a Participating City, after the Commission has 81 strategically allocated federal and state funds in FY2022 ("Deficit"),then such Deficit 82 shall be paid in full by the Participating City to the Commission on or before August 83 1, 2023. 84 85 4) Except for the obligation for the Commission to pay any surplus to the City of 86 Virginia Beach or the City to pay any deficit to the Commission by August 1, 2023, on July 87 1, 2022, all amendments to the Allocation Agreement contemplated by this Resolution shall 88 automatically terminate, be deleted from the Allocation Agreement and of no further effect. 89 90 5) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (.2 :_ttt - , ' Budget and Nfanagement ervices r 's Office CA15362/ R-1 / March 25, 2021 4t. �;cy. nor ''@,i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Rudee Inlet Maintenance Dredging MEETING DATE: April 20, 2021 • Background: The City and the United States Army Corps of Engineers ("USACE") collaborate on various projects including the operation and maintenance of Rudee Inlet. For an upcoming maintenance dredging project, the USACE has offered the opportunity for the City to contribute local funds for the dredging of the federal channel at Rudee Inlet and the placement of sand on the Croatan and Resort Beaches. • Considerations: The contribution of funds amount is $1,250,000, and funds are available in the current Capital Improvement Program. This funding will allow for additional dredging above and beyond what the USACE will perform as regular maintenance. As with other projects, the USACE requires the City to enter into a Memorandum of Agreement (the "MOA"), which provides that the City will contribute a specified amount of funds for the project. The MOA is attached. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Resolution, Memorandum of Agreement Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:f ilo 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR RUDEE INLET MAINTENANCE 5 DREDGING 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute funds to the Department of the Army for a project such 9 as the Rudee Inlet Maintenance Dredging; 10 11 WHEREAS, the U.S. Army Corps of Engineers has proposed a Memorandum of 12 Agreement for the City to contribute funds for the dredging of the Rudee Inlet federal 13 channel and sand placement on the Croatan and Resort beaches; 14 15 WHEREAS, the current estimated City contribution in the Memorandum of 16 Agreement is $1,250,000; and 17 18 WHEREAS, the Memorandum of Agreement serves many public interests 19 including the protection of property, the enhancement of the City's natural resources, and 20 the encouragement of commerce and tourism. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Manager is hereby authorized and directed to execute a Memorandum of 26 Agreement for the contribution of funds in the amount of$1,250,000 with the Department 27 of the Army, and a copy of the Memorandum of Agreement is attached hereto and 28 incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works `pity m 's Office CA15375 R-1 April 8, 2021 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF VIRGINIA BEACH TO ACCEPT CONTRIBUTED FUNDS FOR CERTAIN ACTIVITIES AT RUDEE INLET FEDERAL NAVIGATION PROJECT THIS MEMORANDUM OF AGREEMENT (hereinafter this "MOA") is entered into this day of , 2021,by and between the Department of the Army(hereinafter the"Government"), represented by the District Commander for Norfolk District (hereinafter the "District Commander"), and the City of Virginia Beach(hereinafter the"Contributor"), represented by the City Manager,together"the Parties". WITNESSETH, THAT: WHEREAS, the Government is authorized to operate, maintain, repair, restore, and replace Rudee Inlet Federal Navigation Project(hereinafter the "Project") authorized by Section 354 of the Water Resources Development Act of 1996, Public Law 104-303; WHEREAS, Section 1024 of the Water Resources Reform and Development Act of 2014, as amended (33 U.S.C. 231.5a), authorizes the Government to accept and use funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project if the District Commander determines that there is a risk of adverse impacts to the functioning of the project for its authorized purposes and acceptance of the funds is in the public interest; WHEREAS, the Contributor considers it in its own interest to contribute funds voluntarily to be used by the Government to perform maintenance dredging for the Project (hereinafter the"Contributed Funds Work"); and WHEREAS, on 5 June 2020, the District Commander determined that there is a risk of adverse impacts to the functioning of the Project for its authorized purposes and acceptance of the funds from the Contributor is in the public interest. NOW, THEREFORE, the Government and Contributor agree as follows: 1. Within thirty (30) calendar days of execution of this MOA, the Contributor shall provide to the Government the sum of$1,250,000.00, which is the estimated cost of the Contributed Funds Work. The Contributor shall provide the funds to the Government by delivering a check payable to"FAO,USAED,Norfolk(E4)"to the District Commander or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. While the Government will endeavor to limit costs associated with the Contributed Funds Work under this MOA, the Parties acknowledge that claims or other unforeseen circumstances may affect costs associated with the Contributed Funds Work. If the Government determines that the actual costs of the Contributed Funds Work will exceed the amount provided by the Contributor, the Parties shall consult in determining how to proceed, and the Contributor, at its sole discretion, may provide additional funds for the Contributed Funds Work. 2. The Government shall not commence any Contributed Funds Work until all applicable environmental laws and regulations have been complied with, including, but not limited to,the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and Section 401 of the Clean Water Act(33 U.S.C. 1341). 3. The Government shall provide the Contributor with quarterly reports of obligations for the Contributed Funds Work. The first such report shall be provided within thirty(30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty(30) calendar days after the final day of each succeeding quarter until the Government concludes all Contributed Funds Work under this MOA. 4. Upon conclusion of the Contributed Funds Work and resolution of all relevant claims and appeals, the Government shall complete a final accounting of the costs of such Contributed Funds Work and furnish the Contributor with written notice of the results of such final accounting. If the costs of the Contributed Funds Work are less than the amount of funds provided by the Contributor, the Government shall refund the excess to the Contributor within thirty(30) calendar days of such written notice. 5. No credit or repayment is authorized, nor shall be provided, for any funds provided by the Contributor and obligated by the Government for the Contributed Funds Work. 6. Nothing herein shall constitute, represent, or imply any commitment to budget or appropriate funds for the Project in the future; and nothing herein shall represent, or give rise to, obligations of the United States. 7. In the exercise of their respective rights and obligations under this MOA, the Government and the Contributor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. 8. Notices. a. Any notice, request, demand, or other communication required or permitted to be given under this MOA shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Contributor: City Manager City of Virginia Beach, Virginia 2401 Courthouse Drive 1 Virginia Beach, Virginia 23456-9001 If to the Government: District Engineer Norfolk District, U.S. Army Corps of Engineers 803 Front Street Norfolk, Virginia 23510-1096 b. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. 9. The Parties agree to use their best efforts to resolve any dispute in an informal fashion through consultation and communication. If the Parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the Parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the Parties from performance pursuant to this MOA. 10. This MOA may be modified or amended only by written, mutual agreement of the Parties. IN WITNESS WHEREOF,the Parties hereto have executed this MOA,which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CONTRIBUTOR BY: BY: Patrick V. Kinsman,PE Patrick A. Duhaney Colonel,U.S. Army City Manager Commanding City of Virginia Beach DATE: DATE: 2 -,l,H�/U+BA �S i„A�+71 al\ xi CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: Resolution Approving an Extension of the Town Center Option Agreement and Recommending that the City of Virginia Beach Development Authority Approve the Extension. MEETING DATE: April 20, 2021 • Background: The Town Center Project (the "Project") has been a long-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved six phases of mixed-use development at Town Center. Phases I, II, Ill, V and VI have been completed on ten blocks, and consist of office space, restaurants, retail space, residential units, hotel rooms, a public plaza, pedestrian bridges, and the Zeiders American Dream Theater. • Option Land: The majority of land necessary for the Project has been owned by the City of Virginia Beach Development Authority (the "Authority") and sold to Town Center Associates, L.L.C. (the "Developer") as each Phase of the Project has begun. The terms and conditions by which the Authority will sell land to the Developer for the Project are set forth in the Town Center of Virginia Beach Option Agreement between the Authority and the Developer originally dated as of June 5, 2000 (the "Option Agreement"). As the Project has progressed through the phases, the Option Agreement has been modified to reflect both the land subject to the Option Agreement and the date by which the Developer must purchase that land. The Tenth Modification to the Option Agreement was approved on May 1, 2018. Block 2 (the former Beacon Building and current surface parking lot) is the only remaining land subject to the Option Agreement. • Option Terms: Under the current terms of the Option Agreement, the Developer has until April 30, 2021 to exercise its option on Block 2. The Developer may only acquire Block 2 if it has (i) paid $4,792,735 (the price the Authority paid to acquire Block 2 in 2009), (ii) paid a special fee equal to the imputed real estate taxes on Block 2, plus any costs incurred by the Authority related to Block 2, and (iii) presented a plan for development for Block 2 acceptable to the City Council and the Authority. • Relevant Deadlines and Developer Request: The Option Agreement expires on April 30, 2021. The Developer has requested that the Option Agreement be amended to extend the term of the Option Agreement with respect to Block 2 until April 30, 2024. t Considerations: Extension of the Option Agreement on the terms proposed would allow for the continued development of the Project in a manner acceptable to the City and the Developer. The Authority will consider approval of the extension of the Option Agreement at its April 20, 2021 meeting, subject to Council approval. • Public Information: Advertisement of City Council Agenda. Public information will be provided through the normal City Council agenda process. • Alternatives: Approve the extension of the Option Agreement or allow the Option Agreement to expire. E Recommendation: City staff recommends approval of the requested extension. Attachments: Resolution, Summary of Terms, Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Economic Development City Manager IV 1 RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT 3 AND RECOMMENDING THAT THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 APPROVE THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City 9 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued 11 development of the Central Business District Project known as The Town Center of 12 Virginia Beach (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize 18 development potential for a mixed-use, pedestrian-oriented, urban activity center 19 with mid-to-high-rise structures that contain numerous types of uses, including 20 business, retail, residential, cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the 25 Project (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 dated July 1, 2018, the Developer's right to acquire the Option Land expires on April 29 30, 2021, and prior to such acquisition, the Developer must present an acceptable 30 plan for development of the Option Land to the City Council and the Authority; 31 32 WHEREAS, the Developer has requested an extension of time to acquire the 33 remaining Option Land to April 30, 2021; 34 35 WHEREAS, the Authority will consider approval of the extension of the Option 36 Agreement at its April 20, 2021 meeting, subject to approval by City Council; and 37 38 WHEREAS, City Council is of the opinion that the requested extension will 39 allow for the continued development of the Project to the benefit of the City. 40 41 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA; 43 44 That City Council approves the execution of a modification of the Town 45 Center of Virginia Beach Option Agreement between the City of Virginia Beach 46 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 47 as such modification is consistent with the Summary of Terms attached hereto as 48 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 49 as may be acceptable to the City Manager and in a form deemed satisfactory by the 50 City Attorney. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City me Economic Development CA15219 v:ayphatiom+city]e rproduywm3z,wpdoca10006,eo0000W0226.noc R-1 April 6, 2021 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) / GPIN: 1477-45-7094 Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2021 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2024. Disclosure Statement t51y cif$7rgburf bstd Planning& Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Town Center Associates, LLC Does the applicant have a representative? M Yes ❑ No • If yes, list the name of the representative. Shelly Hampton Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Q Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Armada Hoffler Manager,LLC and Armada Hoffler, LP '"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. 1I • Disclosure Statement NB- _ Planning&Community Development _r Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ® Yes ❑ No • If yes,identify the company and individual providing the service. Divans 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. E&Y 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? GI Yes 0 No • If yes,identify the firm and individual providing the service. Burrell Saunders 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2 ) Disclosure Statement Tk Cal. jVirginia RmcA Planning & Community .. - Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the company and individual providing the service. Armada Hoffler Construction Company 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. L J Applicant Signature L01, thLU Y44,40 Print Name and Title Date 3 ! 12�JAI Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date QA Signature �� /(/ Print Name 3I Disclosure Statement City of rim=Beach �:... n n Planning& Community ., Develo!rent Continue to Next Page for Owner Disclosure 4I Disclosure Statement w\B City of Vi yiniI 8aich Planning & Community Development Owner Disclosure Owner Name Town Center Associates, LLC Applicant Name Town Center Associates, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 1- Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Armada Hoffler Manager, LLC and Armada Hoffler,LP Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? D Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"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. "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. 5 ( Disclosure Statement \AB City of ti etymta Beach Planning& Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Yes ❑ No • if yes,identify the company and individual providing the service. Divaris 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. E&Y 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Burrell Saunders 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the company and individual providing the service. Armada Hoffler Construction Company 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 61 Disclosure Statement Virgtsua Barth Planning & Community, Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature 1I4 &Lk 0t' , jtitt.,t� Print Name/and Title Date Name/ 7I Ffi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Sand Broad Inlet at 352 Tuna Lane Located at the Rear of 313 Ruddy Crescent MEETING DATE: April 20, 2021 (DEFERRED FROM APRIL 6, 2021) • Background: Derek D. and Katherine E. Duford (the "Applicants") have requested permission to remove an existing float and ramp, and to construct and maintain a pier, open- sided roof, and boat lift (the "Encroachments") adjacent to their property located at 313 Ruddy Crescent (GPIN: 2433-24-4061). The Encroachments would extend 24' into the City's property known as Sand Broad Inlet at 352 Tuna Lane (GPIN: 2433-2 7-3415). • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Sand Broad Inlet, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. This matter was originally scheduled to be heard on April 6, 2021 and was deferred to April 20, 2021 . • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Location Map, Pictures, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: if 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET AT 352 TUNA LANE 8 LOCATED AT THE REAR OF 313 9 RUDDY CRESCENT 10 11 WHEREAS, Derek D. Duford and Katherine E. Duford have requested 12 permission to remove an existing float and ramp, and to construct and maintain a pier, 13 open-sided roof, and boat lift (collectively, the "Encroachment") within the City's property 14 known as Sand Broad Inlet at 352 Tuna Lane (GPIN: 2433-27-3415), located adjacent to 15 their property at 313 Ruddy Crescent (GPIN: 2433-24-4061); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Derek D. Duford and Katherine 26 E. Duford, their heirs, assigns and successors in title are authorized to remove an existing 27 float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift within 28 the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES 30 SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. 31 DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 32 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and 33 prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as 34 Exhibit A and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 38 those terms, conditions and criteria contained in the agreement between the City of Virginia 39 Beach and Derek D. Duford and Katherine E. Duford (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Derek D. Duford and Katherine E. Duford and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: „,„ (_,,,,,„:„., sscc,pp eBL�IC WO K , REAL ESTATE ,2,rDANA R.,HARMEYER SENIOR'CITY ATTORNEY CA-14879 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p041\00712159.doc R-1 Prepared: March 16, 2021 2 LOT 118 RUDDY 342.21' TO P.I. Le N/F RICHARD F. DYER III LT GPIN:24332442220000 IPFx CRESCENT WOOD DUCK DRIVE N I INST:20160826000763450 a (M.B. 103, P. 25) / • \ (50' R/VV) a N 68'00'00" E �..••:' \(M.B. 103, P. 25) o W O !. v) .. O oo I c ::,:.:°::.:<. R=50.0 IPF i :- Z T -` v) O:Iro W o cn tW- inNI to -J 1 A'.�'' L=77.30' o 4 N r � I-V�aIN Z I / 11 .. �� p a Z � O-I c� owNo1N :`'' LOT 117 °'O� Q ,'_'� In rNlo Q $ I N/F DEREK D. & �\ 000 °' 2 cc�'0 I0 �0 � I I KATHERINE E. DUFORD �-\ (A O"� D 0 Io N. GPIN:24332440610000 c^ w o 0 a 0 CO m I ( cNo G .', INST:20160601000461770 \ w o 2 cp IZ 0 1 (M.B. 103, P.25) \ Rt. If SITE •��- Gj 1 24' I ACCESS 1::::: \ �Gs ,/ Imo_ — +t_ / . • � 04 /\ / O I I �/ 0.MILSTE�.��"i I F I _ _I Jm ` r, Lic. No. 0473 I r 2' �■ �� / /I? 1 o1I 6in i � � �� p , �ti� 1 1 11 11. W I I `A L E� f- - - -r-18 r Il11 H 2Co' 1 I jii /:0GREGORY / "� -,K D 0111111 ll/itlil,N 1 o Ililllli2 PROPOSED 11111I ,0G�Q PIER, ROOF, gF.oIm oco iW 1 AND BOAT LIFT �p0��^�o IQ z 2oo .p -k � h O�(h Q- �, r o g l; I ;� 0 / Joo of ,5 q, �J I W I� I O • ♦ Gj Q' 4 k� ct to 1Q0 't• / ' G�� I.ZNN / / Q I _\ �ozvvo \. � � . ',/ ,(0 Q' 2 y2I I / I / EXHIBIT A I ,' ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED 1 / ROOF, AND BOAT LIFT 0 so' 60' SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 �� FOR (M.B. 103, PG. 25) SCALE: 1"=30' DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 ENGINEERING SERVICES PROVIBY: 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 CHESAPEAKE BAY SITE SOLUTIONS,ED INC. P.O. BOX 6663 VIRGINIA BEACH,VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020 PHONE: (757)575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of Y4f cal- , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEREK D. DUFORD and KATHERINE E. DUFORD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "117" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 5, 1968, having a Scale of 1" = 100', and prepared by Palmer L. Smith, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 25, and being further designated, known, and described as 313 Ruddy Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) GPIN: 2433-24-4061 (313 RUDDY CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at 352 Tuna Lane also known as Sand Broad Inlet, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Derek D. Duford and Katherine E. Duford, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Derek D. Duford, Owner Katherine E. Duford, Owner STATE OF CITY/COUNTY OF \,ic-cckc\•c td� to-wit: The foregoing instrument was acknowledged before me this ioZ day of , 2021, by Derek D. Duford and therine . Duford. (SEAL) Notary Public •••*\SPPNN,, 4('' NOTARY . Notary Registration Number: W,DaS - PUSI REG.#7882297 My Commission Expires: = MY COMMISSION;< cO� mbfREs2o24 & LTN 0;,•`,, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ‘D' (ipiS S NATURE DANA RMEYER SENIOR TY ATTORNEY 3) 24 ,dos / DATE 7 ;4 /� { • m Cla`> 7111' " a O v 4.... __......, 3 .. t � � .. ,,.ti._ c L L N -....., ..,... .:„. a ► � + N a f WWF- L• io a. � Z W N 0 ! o z Q Cr) mr CD It. �, Q 2 p N C 1 OQ � a, Z o a r _IQ a o Y ) V' 0 ,' QWM X r o W W o ct i 4 M 0 sW� N ��O �r r '7,d, 4 4 • • r•• 4 r 4 i 444 ,.3. t,. iv ifr • • ♦./s ♦ ?'^ -,Ar,."-4,y p��4, ', rk r •`rr i ' 5r • phi. 6 1'. • 7 Y Tw • ";j yt F �v 4 �a oil 0 fir' 4- • ,. )� Yt'f Y tt '..4(' 'r r 1 I,.d'.t CO y t k W ;1 y - / 0cv d �T }a!'r �.K °�' + �s�M -! cv � ++"x r i� a ` 4 'fit-a.` -" '! ... a s'd. s,.r. K, N N 150 YZ _____.) o 0 O mp / G SITE1P �'A f Q`�" O� JO 2433-24-40611 `/ // i_, L, _- \\ LOCATION MAP ' ENCROACHMENT REQUEST FOR DEREK D. & KATHERINE E. DUFORD Legend 313 RUDDY CRESENT City Properties GPIN 2433-24-4061 D 2433-24-4061 Feet 0 50 100 200 v.,nnr,r„n--'--._k nr,n r-.i__,n..r-.Ir,n ..nr,r,,.,..,-, ..,e•. 411 �y I i* = s.. A P / ,..:;-. - .--,- 1 3 zt 7 JT 11/41/3 Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure j�/� Applicant Name Dfr VL.h (-0( tA- rG't Does the applicant have a representative? ❑ Yes ❑ No • If yes,list the name of the representative. rvlOAJ W PerikAfirid A)T ColO 5v Gn W, / Ztv ,, Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11Page Disclosure Statement V13 ettPlanning& L`otmnunity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes o • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes (3 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ►. No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?JEI Yes ❑ No • If yes,identify the firm and individual providing the service. c0Q j(wf.a,/,) tti1 A I C(?,J50(,n).)) , zoc 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 4/No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure StatementMEI etc-re Vrviuo brat* Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes (No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?g1 Yes ❑ NO • tf yes,identify the firm and individual providing the service. UU R.f R.e,)r CorJS0L3) IN c 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes AND • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. (iiif Applica bPitic-4 ' CIth V/1. 1 C i Cris h(lDtk-1 Orel Print Name and Title 3/y/zozr 311-11207,1 Date Is the applicant also the owner of the subject property? ►1;Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date \c,15a Signature ( Print Name Revised 11.09.2020 Wage pue4 oS y' A- jrZe JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Bass Inlet Located at the Rear of 344 Back Bay Crescent MEETING DATE: April 20, 2021 (DEFERRED FROM APRIL 6, 2021) • Background: Rolf and Sharon Bartschi (the "Applicants") have requested permission to construct and maintain a proposed pier, boat lift and jet ski floats (the "Encroachments") adjacent to their property located at 344 Back Bay Crescent, (GPIN: 2433-22-8768). The Encroachments would extend 20.1' into the City's property known as Bass Inlet (a/k/a Mill Creek/Mill Pond) (GPIN: 2433-33-0267). • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda. This matter was originally scheduled to be heard on April 6, 2021 and was deferred to April 20, 2021. • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate V:_4/''' City Manager: 11,9 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET LOCATED AT 7 THE REAR OF 344 BACK BAY 8 CRESCENT 9 10 WHEREAS, Rolf Bartschi and Sharon Bartschi have requested permission to 11 construct and maintain a proposed pier, boat lift, and jet ski floats (collectively, the 12 "Encroachment") within a portion of the City's property known as Bass Inlet (a/k/a Mill 13 Creek/Mill Pond) (GPIN: 2433-33-0267) located adjacent to their property located at 344 14 Back Bay Crescent (GPIN: 2433-22-8768); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Rolf Bartschi and Sharon 25 Bartschi, their heirs, assigns and successors in title are authorized to construct and 26 maintain a proposed pier, boat lift, and jet ski floats in the City's property known as Bass 27 Inlet as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, 28 BOAT LIFT, & FLOATS FOR ROLF AND SHARON BARTSCHI LOT 62, SECTION 3, 29 BACK BAY MEADOWS (M.B. 67, PG. 45)," dated April 5, 2020, having a Scale of 1" = 40', 30 and prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit A 31 and on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 35 those terms, conditions and criteria contained in the Agreement between the City of Virginia 36 Beach and Rolf Bartschi and Sharon Bartschi (the "Agreement"), an unexecuted copy of 37 which has been presented to the Council in its agenda, and will be recorded, after 38 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and I. 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Rolf Bartschi and Sharon Bartschi and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach,Virginia,on the 48 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: \ J /),QA,) ).1BLIC WO KS, REAL ESTATE D N . ARMS SENI C ATT NEY CA14679 c:\users\kmessing\desktop\ca14679 - bartschi\ord - pwre version.doc R-1 March 17, 2021 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this O'a day of ,2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROLF BARTSCHI and SHARON BARTSCHI, husband and wife,THEIR HEIRS,ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 62", as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated July 1965, prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed pier, boatlift and jet ski floats, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-33-0267 - City Property (Bass Inlet, a/k/a Mill Creek/Mill Pond) GPIN: 2433-22-8768 — 344 Back Bay Crescent 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet (a/k/a Mill Creek / Mill Pond), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, BOAT LIFT, & FLOATS FOR ROLF and SHARON BARTSCHI LOT 62, SECTION 3, BACK BAY MEADOWS (M.B. 67, PG. 45), DATED: APRIL 5, 2020", and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Rolf Bartschi and Sharon Bartschi, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 i By: olf rtschi, Owner By: Sharon Bartschi, Owner STATE OF CITY/COUNTY OF ChC600c,,,Ke_ , to-wit: The foregoing instrument was acknowledged before me-this 04' day of >. (.�,.,, , , 2020, by Rolf Bartschi. (SEAL) 'Notary Public Notary Registration Number: '735 3 3b ..�`�Q' . My Commission Expires: c; c 4- al I ; oj; = ' NTARY PUBLIC C ' #7353238 ' Q / C7 STATE OF ; CITY/COUNTY OF `- Sa.i4.216, , to-wit: The foregoing instrument was acknowledged before me.tiffs day of "-�.) '"-- , 2020, by Sharon Bartschi. ---- -)1-L°:--- /" ��9, . SEAL) Notary Public Notary Registration Numbe : '73s3J-35 ®® 0wir10/g® My Commission Expires:( �5,,5 i I, 00J.� ®��SP Air <<.-', ® k i NOTARY PUBLIC .,o #7353238 ; J¢® APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ram, b CJ _V' SI NATURE DA . HA YER SENIO ITY ATTORN 3 2 ¢/07aai D TE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 8 <,/.. SANDBRIDGE SHORES BASS INLET C / (AKA MILL CREEK/MILL POND) 'k ' N/F CITY OF VIRGINIA BEACH Q,. GPI N:2433-33-026 7 EXISTING PIER AND BOAT LIFT TO BE EXISTING PIER AND BOAT LIFT REMOVED ENCROACHMENT RECORDED IN . 12' _ INST. 20061122001759010 AT THE N CLERKS OFFICE, VIRGINIA BEACH - �\\\:'ESX.3 7B.K120�8H2D5' EEX_. P__WL _:----_ - - ll NAIL(F) I. . , . I NAIL(F) 181.81' 187.68' POOL ; .', 5 .. > . . l;93 o A LOT 61 =_ I N/F MICHAEL D. TYRREL w '� r/ 3 STY FR. GPIN:2433-22-7895 , • #344 I INST NO:20151201001157070 0 o . . IM�\ : co 1(1' ' : I up GAR' LOT 63 EXISTING SITE I N/F THOMAS KNEPP CONDITIONS ' GPIN:2433-22-96180000 I INST NO:200408260136584 I 0 40' 80' / 1"=40' I 22 0.00' PIN(F) DH(F) 4='3'.87' PIN(F) N 31'37'00" W 58.07' I.BACK BAY �RESCE(NT'( 0') s 723.21. (M.B. 67, PG. 45) eENo TO RO4O ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. SHEET 1 OF 2 -- WATERFRONT EXHIBIT A �! CONSULTING, INC. ENCROACHMENT REQUEST FOR 2589QUALITY COURT, PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 IA BEACH,VA 23456 PHONE::(757)(757)575-3715 (M.B.67,M.B PG. DATE: APRIL 2020 45) 5, 'F,•. SANDBRIDGE SHORES BASS INLET %�� (AKA MILL CREEK/MILL POND) c N/F CITY OF VIRGINIA BEACH 57LI GPIN:2433-33-026 7 PROPOSED 1? 1' BOAT LIFT . 60✓.2'/ 37.3' N -1... __ r< I 12' ml & iL - 60' S 37'18 �E - - - - �1 =Jj —PROPOSED-PIER 1 122.15' 7 — _ PROPOSED PROPOSED BULKHEAD -II i_ ----- JET SKI (NOT ON CITY PROPERTY) NAIL(F) NAIL(F) 1 FLOATS I 187.68' 181.81' I PROPOSED , PIER, FLOAT, AND BOAT ' LIFT Io, Loi o LOT 62 0 LOT 61 GPIN: 2433-22-8768 N N/F MICHAEL D. TYRREL I INST NO: 20170807000669760 I GPIN:2433-22-7895 w I , INST NO:20151201001157070 _ID LOT 63 0 N o N/F THOMAS KNEPP coI •^ GPIN:2433-22-96180000 LO I ;n INST NO:200408260136584 z co I co V) I I SITE PLAN 0 40' 80' I 1"=40' I R=220.00' ' PIN(F) DH(F) A=32.87' PIN(F) N 31'37'00" W 58.07' BACK BAY CRESCENT (50') sgNo'eeho, B. 67, PG. 45) To Ralo ©2020 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. SHEET 2 OF 2 1 � WATERFRONT EXHIBIT A CONSULTING, INC. ENCROACHMENT REQUEST FOR 2589QUALITY COURT, PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(757)575-3715 (M.B. 67, PG. 45) DATE: APRIL 5, 2020 \ : 1i 1 c , ‘4,...s.. .A. .,. . .. ii'vc:f' - — ` Ass =(...)u) C... Hi A i ...is ... 4 cc a a ' ry :� cn ft... i W m Z i-s LLo N. W o r ha l o V oN Q � Wco °Q � U N ZZEtN } M u 0 Q Z m N O u " i V V Q 2 V Z o N.\,.:;v f-,. '10 UQa Z M O E I - W m c T U. ' , - 41% < i t s, ♦ _ i 'IL �. icy ,4 1 N . It ifir _ lir. L - A , �._ c,,�Ak:��P 1...)• , yji . .:, ,.: .:-- .„,....H. - tdrpOrg N e M a CD f4 .r t W Q . is CO a ^ ' ': •-t:'''7:' ao 0 w . . .sh. - . 0 73 ID- N o ro W -.��, E 0 A S L.- i SITE ._,- - \ F C 1 \ <9 /\'N> if # 1 111111 LOCATION MAP ENCROACHMENT REQUEST FOR ROLF BARTSCHI AND SHARON BARTSCHI Legend 344 BACK BAY CRESCENT r---1 2433-22-8768 GPIN 2433-22-8768 Feet CITY PROPERTY Val 0 50 100 200 • • ?Mt:. �. — s:€i far ;p3 HNsd ILO. ,, .>-tea;.- _ 0 k ' t r I1f i i' e` '. : Iliii, , ,,,,: ... 1 ._ : Iiiiit. i Pictures 344 Back Bay Crescent Disclosure Statement t y trt Virrmua 0ar41 Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Rolf and Sharon Bartschi Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Waterfront Consulting,Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes III No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 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. Wage 'NBDisclosure Statement Planning &Community (Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes It No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes It No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes l! No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes U. No • If yes,identify the purchaser and purchaser's service providers. 2 ge Disclosure Statement 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑ No • If yes,identify the engineer/surveyor/agent. Waterfront Consulting,Inc.and Chesapeake Bay Site Solutions 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. r , ✓f Applicant Sign tune_ tiro- 12 73( fit! blotJa- 41.1 c1 OW1564 Print Name and Title IQ 20Zi Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Data C Signature � /'j tl 1 n Print Name i's y �f f r o 13iitZrSChfi1 ? t y1 C&) e V to :s iT( 3 ( Page CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Two Capital Projects and to Transfer $1,870,000 to Support Police Initiatives MEETING DATE: April 20, 2021 • Background: On March 26, 2021, several acts of violence occurred at the Virginia Beach Oceanfront. The City of Virginia Beach has always held the safety of the public as a top priority. The City Manager's Proposed FY 2021-22 Operating Budget and CIP included additional public safety initiatives with several additional considerations provided to City Council during the Police Department's Operating Budget presentation. Due to the recent events at the Oceanfront, it is apparent that immediate action is needed to improve the overall safety within the Resort Area before the start of the new fiscal year. City Council has established a "Special Pandemic Relief and Vaccine Support Reserve" (the "Reserve"). The Reserve includes local funding that resulted from the reimbursement of public safety salaries from the Coronavirus aid, Relief, and Economic Security (CARES) Act. The Reserve allows the City Council to be flexible in the use of funding to meet emerging needs and policy priorities. • Considerations: To immediately begin addressing safety concerns and needs within the Resort Area, the attached ordinance establishes two capital projects and transfers a total of$1,870,000 from the Reserve for the following: o Expansion of Oceanfront Camera system- $1,200,000 for the purchase and installation of additional cameras. This amount combined with the additional $300,000 proposed in the City Manager's FY 2021-22 CIP will provide an additional 42 cameras throughout the Resort Area. o Purchase and access of BrassTRAX System- $233,000 which will include implementation and 5 years of licensing cost. This system will provide the Police Department with quick access to a national ballistic information database and enhance investigative efforts. o Gunshot Detection System- $240,000 to purchase and deploy a system to quickly identify and triangulate gunshots within a 3 sq. mile area. Establishment of a capital project for this initiative will provide the opportunity for expansion in future years. o Staffing plan and police structure assessment- $80,000 for a consultant to provide a comprehensive assessment and examine the City's police officer deployments, staffing standards, service response, and crime data. The study will provide recommendations for areas for improvements in the Police Department's organizational structure and for the best use of law enforcement personnel. o Safety Lighting- $117,000 for the purchase of up to 13 mobile and temporary lighting units. These units will provide the flexibility for the Police Department to work with the resort community to identify and address areas with safety concerns. This is a small part of a larger effort to assess the Oceanfront and provide Comprehensive Crime Prevention through Environmental Design. ■ Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Alternatives: Alternative funding for the requested initiatives could be provided through the use of salary savings. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: f j''p 1 AN ORDINANCE TO ESTABLISH TWO CAPITAL 2 PROJECTS AND TO TRANSFER $1,870,000 TO SUPPORT 3 POLICE INITIATIVES 4 5 WHEREAS, the City of Virginia Beach recognizes that there are additional City 6 operations and initiatives that will provide for the immediate public safety, public health, 7 and economic well-being of the citizens of the City; 8 9 WHEREAS, the City Council established a City Council Special Pandemic Relief 10 and Vaccine Support Reserve on February 2, 2021 for priority City Council initiatives; and 11 12 WHEREAS, the City Council of the City of Virginia Beach hereby declares the 13 enhancement of the public safety of all citizens to be the most pressing priority of the City 14 of Virginia Beach; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The following capital projects are hereby established in the FY 2020-21 Capital 20 Improvement Program: 21 a. Capital Project #100580, "Gunshot Detection System," which is intended to 22 acquire, install, and operate a gunshot detection system; and 23 b. Capital Project #100581, "Crime Prevention Through Environmental Design," 24 which seeks to use the built environment to assist in crime prevention. 25 26 2. A total of$1 ,870,000 is hereby transferred from the City Council Special Pandemic 27 Relief and Vaccine Support Reserve in the following amounts and for the following 28 purposes: 29 a. $233,000 to the FY 2020-21 Operating Budget of the Police Department for the 30 purchase of a BrassTRAX system that will enable the City greater participation 31 in the National Integrated Ballistic Information Network and for prepayment of 32 five years of ongoing costs related to this purchase; 33 b. $80,000 for consultant fees for a staffing plan and police structure assessment; 34 c. $240,000 to Capital Project, #100580 "Gunshot Detection System;" 35 d. $1,200,000 to Capital Project #100110, "CIT— Police Oceanfront Camera," for 36 purchase and installation of additional cameras at priority locations; and 37 e. $117,000 to CIP #100581 "Crime Prevention Through Environmental Design" 38 for safety lights related to the initialization of environmental design related to 39 this Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. 1AL udget and anagement Services City Attorneys Office CA15380 / R-1 /April 9, 2021 p. _ tsj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $4,600,000 from the Fund Balance of the Subscriptions Internal Service Fund to Relocate and Modernize the City's Data Center MEETING DATE: April 20, 2021 • Background: The City has initiated the design-build renovation of Building 2. This project requires relocating the data center from the basement to an upper floor of the building. This relocation will move the data center from an area vulnerable to flooding and water infiltration to a higher level of the building. In addition, to match modern business continuity and disaster recovery capabilities, the Department of Information Technology will extend the data center environment into an off-site, City-controlled data center in the Richmond area. This multi-location hybrid data center plan will employ virtual and cloud strategies to ensure mission critical infrastructure are backed up and include failover capabilities. • Considerations: The estimated cost to purchase and install a new data center in Building 2 plus the associated multi-location hybrid data center plan is $4,600,000. Based on the most recent Comprehensive Annual Financial Report, there is approximately $4,900,000 available in the Subscriptions Internal Service Fund. This accumulated balance has been earmarked for the data center relocation and modernization. This budget request will enable the transition and modernization of the data center to the third floor of Building 2 to meet the design-build renovation's timeline. • Public Information: Public information will be handled through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager:MO 1 AN ORDINANCE TO APPROPRIATE $4,600,000 2 FROM THE FUND BALANCE OF THE 3 SUBSCRIPTIONS INTERNAL SERVICE FUND TO 4 RELOCATE AND MODERNIZE THE CITY'S DATA 5 CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 That $4,600,000 is hereby appropriated, with specific fund reserve revenues 11 increased accordingly, from the fund balance of the Subscriptions Internal Service Fund 12 to the FY 2020-21 Operating Budget of the Department of Information Technology for 13 costs associated with relocation and modernization of the City's data center in Building 2 14 and the establishment of an off-site data center for backup and redundancy. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -� 7 ac,/ \,. Budget & Management Services ey's Office CA15360 R-1 April 8, 2021 K. PLANNING 1. GEORGE RANDOLPH WEBB,JR AND LELIA GRAHAM WEBB for a Street Closure re 25-foot by 125-foot portion of Holly Road adjacent to 401 49th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APRROVAL APPLICANT REQUEST DEFERRAL TO MAY 4, 2021 2. DAM NECK STORAGE, LLC for a Modification of Proffers re expand the office warehouse and a Conditional Use Permit re bulk storage yard at 1441 London Bridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. PRESMONT CONSTRUCTION SERVICES, LLC / KS SHORE, LLC for a Conditional Use Permit re automobile service station at 4769 Shore Drive DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL ,rfHu•ae,,� NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code§15.2- 1413 and the City's Continuity of Government Ordinance adopted on March 2,2021,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 20,2021 at 6:00 p.m.In Suite 5 of the Virginia Beach Convention Center. Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two- step process below.Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgov/onstage/g,oho?MTID=e4e2 007dead1046f9a2954db3f8064472 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 20,2021. The following requests are scheduled to be heard: George Randolph Webb&Lelia Graham Webb(Applicants&Property Owners)Street Closure Address:25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street GPIN(s): Adjacent to 2418788383 Council District Lynnhaven Dam Neck Storage,LLC(Applicant&Property Owner)Conditional Use Permit(Bulk Storage Yard)Modification of Proffers(Mini-Warehouse) Address:1441 London Bridge Road GPIN(s):1495566421 Council District Rose Hall Presmont Construction Services, LLC (Applicant) KS Shore, LLC (Property Owner)Conditional Use Permit(Automobile Service Station) Address:4769 Shore Drive GPIN(s):1479473214 Council District Bayside Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-APRIL 4&11,2021-1 TIME EACH 1II1 S JL JCCf S, PO ROOD!, NA AHERN I LEVY, P.C. 4429 BONNET ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON,JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL L. STEVEN EMMERT TELEPHONE: 757-499-6971 MOLLY R. KISER FACSIMILE: 757-456-5445 April 5, 2021 MICHAKIEL JRK B. LEVY' HOWARD R. SYKES,JR. DAVID M. ZOBEL Via Email 'Admitted �WashingtonDC The Honorable Mayor Robert Dyer Vice Mayor James Wood Members of City Council c/o Amanda Barnes,City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of Grace Bible Church for a Modification of Conditions attached to a Conditional Use Permit on property on London Bridge Road in the Princess Anne District and Application of George R.Webb,Jr. and Lelia G. Webb for a Street Closure for an unimproved portion of Holly Road adjacent to 401 49th Street, Beach District; City Council Public Hearing date scheduled for Tuesday,April 20,2021 Dear Mayor Dyer,Vice Mayor Wood and Honorable Members of City Council: I write to you to request that the two (2) afore referenced applications which are on your agenda for Tuesday,April 20, 2021 please be deferred until your public hearing on Tuesday,May 4,2021,as I will be out of state on vacation from April 16th to April 22nd. I apologize for any inconvenience caused by my having failed to note the conflict in my schedule. I would also note that there is no known opposition to the application of Grace Bible Church for Modification of Conditions and only one (1) known opponent to the Street Closure who is Mr. David Hay who appeared and testified at the Planning Commission public hearing. By copy of this letter, I am advising Mr. Hay of this deferral request due to my being unavailable on April 20, 2021. In addition, I have previously advised the Planning Department of these requests. Finally, I would note that both applications are recommended for approval by both your professional staff and by unanimous Planning Commission recommendations. My clients are modifying their public notification signage posted on the property to reflect the public hearing date of May 4,2021. MEI SYKES. BOURDON. A L AHI£RN&LEVY.R.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood , Members of City Council April 5,2021 Page 2 Thank you for your favorable consideration of these requests for a two (2) week deferral. With best regards,I am Very truly yours, R. Edward Bourdon,Jr. REBjr/arhm cc: Matthew Breitenberg,Grace Bible Church Bill Miller,Grace Bible Church Claude Lym,Site Improvement Associates,Inc. George R.&Lelia G.Webb Eric Garner,WPL David S.Hay,Esquire H:\AM\—Mod of Conditions\Grace Bible Church\London Bridge Road\Dyer_Ltr 4-05-2021.docx -\\'' \,, 1 /1 R5R" NE _ 0______-• R7.5 0 p��ey Ada lit it /.°111°..11.1 ‘ 1 - \---- ‘11 ' ' / l _ street , R7�5 i t9th, _ ,v-� ____.----7--- \ o ' sty th s ee .�,;-- c 49 R7 5 'mil co\\-- �� \---F47 .5 I ,---\ \ R75 N %// Site George Randolph Webb & Lelia Graham Webb w 4h- Property_Polygons 25-foot wide by 125-foot long portion of Holly Road ►`� s Q Zoning adjacent to 401 49th Street Building - Feet L Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 c S• S ut i �t'• tr .o , •CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Ordinance Approving Application of George Randolph Webb, Jr. and Lelia Graham Webb for the Closure of One-half of an Unimproved Portion of Holly Road Adjacent to 401 49th Street MEETING DATE: April 20, 2021 • Background: George Randolph Webb, Jr. and Lelia Graham Webb (the "Applicants") requested the closure of approximately 3,125 sq. ft. of an unimproved portion of Holly Road (the "Right-of-Way"), adjacent to their property located at 401 49th Street (GPIN: 2418-78-8383), for the purpose of incorporating the closed area into their adjoining property. • Considerations: A portion of the existing porch and the driveway for their residence have been located within the Right-of-Way for decades. An existing public sewer line is located within the Right-of-Way and within the 15- foot wide lane located along the rear of the property. Therefore, the Department of Public Utilities requested that the conditions of the closure include the dedication of a public utility easement over the Right-of-Way. The Department of Public Works indicated that this area has been identified in the Stormwater Master Plan as providing stormwater storage for the Broad Bay drainage basin; therefore, the conditions include the dedication of a public drainage easement over the Right-of-Way. The Viewers determined that closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. There was one speaker in opposition at the Planning Commission public hearing who noted concern that public access to and from lots located north of the Applicants' property would be eliminated. Therefore, the Applicants were agreeable to the dedication of a public access easement for pedestrian use over the eastern portion of the Right-of-Way. Condition #2 has been modified to include this dedication. Upon dedication of the easements, improvements located within the easement areas must be removed or the Applicants must seek an encroachment agreement with the City of Virginia Beach for improvements located within the easement areas. George Randolph Webb & Lelia Graham Webb Page 2 of 3 The Applicants, through their attorney, have requested that this item be deferred to May 4, 2021. • Recommendation: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the below conditions. Condition 2 has been modified as stated above: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of (a) a public utility easement over the Right-of-Way; (b) a public drainage easement over the Right-of-Way; and (c) a public access easement over the eastern 10' of the Right-of-Way for pedestrian access to and from the alley adjacent to the rear of the property, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the Right-of-Way after the closure is finalized, prior to finalization of the street closure, the Applicants must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the Right-of-Way. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. George Randolph Webb & Lelia Graham Webb Page 3 of 3 ■ Attachments: Ordinance Staff Report (with Disclosure Statement Form) Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1.0 1 ORDINANCE APPROVING APPLICATION OF 2 GEORGE RANDOLPH WEBB, JR. AND LELIA 3 GRAHAM WEBB FOR THE CLOSURE OF 4 ONE-HALF OF AN UNIMPROVED PORTION 5 OF HOLLY ROAD ADJACENT TO 401 49TH 6 STREET 7 8 WHEREAS, George Randolph Webb, Jr. and Lelia Graham Webb (the 9 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved, right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (3,125 SQ. FT. OR 0.072 ACRES)", and shown on that 30 certain street closure exhibit entitled: "STREET CLOSURE 31 EXHIBIT OF A 25' X 125' PORTION OF HOLLY ROAD (50' 32 R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET 33 AND A 15 FOOT LANE A MAP OF THE HOLLIES (M.B. 6, 34 PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', 35 dated August 4, 2019, and prepared by WPL, a copy of 36 which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2418-78-8383 47 1. The City Attorney's Office shall make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 49 Beach shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the 51 policy are available in the Planning Department. 52 53 2. The Applicants shall resubdivide the property and vacate internal lot lines 54 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat must include the dedication of (a) a public utility easement over the Right-of-Way; 57 (b) a public drainage easement over the Right-of-Way; and (c) a public access 58 easement over the eastern 10' of the Right-of-Way for pedestrian access to and from 59 the alley adjacent to the rear of the property, which easements are subject to approval 60 of the Department of Public Utilities and Department of Public Works, respectively, and 61 the City Attorney's Office, and which easements shall include a right of reasonable 62 ingress and egress. 63 64 3. The Applicants shall verify that no private utilities exist within the Right-of- 65 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 66 company must be provided and shall be recorded after the final resubdivision plat is 67 recorded with the Clerk of Circuit Court. 68 69 4. If any improvements will remain in the Right-of-Way after the closure is 70 finalized, prior to the finalization of the street closure, the Applicants must apply for an 71 encroachment into the public utility easement and the pubic drainage easement for all 72 improvements that will remain in the Right-of-Way. 73 74 5. Closure of the Right-of-Way shall be contingent upon compliance with the 75 above-stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved for recordation 77 within one (1) year of the City Council vote to close the Right-of-Way, this approval shall 78 be considered null and void. 79 80 81 82 SECTION III 83 84 1. If the preceding conditions are not fulfilled on or before April 19, 2022, this 85 Ordinance will be deemed null and void without further action by the City Council. 86 87 2. If all conditions are met on or before April 19, 2022, the date of final 88 closure is the date the street closure ordinance is recorded by the City Attorney. 89 90 3. In the event the City of Virginia Beach has any interest in the underlying 91 fee, the City Manager or his designee is authorized to execute whatever documents, if 92 any, that may be requested to convey such interest, provided said documents are 93 approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 98 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 99 VIRGINIA BEACH (as "Grantor") and George Randolph WEBB, Jr. and Lelia Graham 100 WEBB (collectively, as "Grantee"). 101 102 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 103 of , 2021. 104 105 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 106 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment City Attorney CA14856 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d0I I\p037\007III 78.doc R-1 April 8, 2021 EXHIBIT A • _40L 111 OFyr Z �Gi LOT 9 LOT 10 J G LOT 13 RIC . ARNER— 'y �`�� Lic. . 2904 i ,�06, O Q\,`� [SAN SEWER O'/O6/2019OLE 0 44. 15' LANE �if1�1 `1 '�9 (15' R/W)(UNIA1PROVED)(M.B. 6, PG. 107) ? b SURv� OVERHEAD,WIRES _T ,— LOT 229 �4* .1 36"25 POWER RAIL FENCE GP/N.• 2418-78 W8383 �'� LE BRICK ' HB42�O W/COLUMNS & •' STONE 36" WOOD FENCE ,,. RETAININ `. WALL 1 7/ - • � 04'� L., •NO ��% :b: STONEIN ATH /•\ oo QV 11.65' 4j.PAVERS BRICK "'�Q N (O`� ^ 4A/ BRICK \NCj O _12. :7�r PLANTER IS h 2-STORY FRAME �� BRICK LOT 230 0 ��e •BRICK TEPS J m J AREA OF PROPOSED = i��PLANTER' O STREET CLOSURE x 0 Li Q (3, 125 So. FT. OR 1 t 32' i;; I: x 0.072 ACRES) A. 50' �, 1'25' i. 25'. • NOTES: Ja' 50' �- 1. THIS EXHIBIT IS INTENDED TO <2.. LSTONE Z N RETAININ SHOW THE AREA OF S PROPOSED RIGHT-OF-WAY STORM BASIN '° WALL IN CONCRETE GRAVEL CLOSURE AND INDEPENDENT APRON OF THE ASSOCIATED RECORD (70' R/W) DOCUMENT(S) IS NOT 49 th (FORMERLY AVENUE E) $TREET INTENDED FOR ANY OTHER (M.B. 6, PG. 107) THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT b--- —SAN SEWER BEEN PROVIDED FOR THIS MANHOLE PROPERTY. SCALE: 1"=30' SHEET 1 OF 2 STREET CLOSURE EXHIBIT AUGUST 4, 2019 OF AA ._._ t' A 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) L BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES Landscape Architecture (M.B. 6, PG. 107) Land Surveying VIRGINIA BEACH, VIRGINIA wplsite corn 757.431.1041 242 tUSIW 1RAL SIE 8 02116Ei1O1 1�23462 CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA I F.H. 1054 P.40 I PLAT: H-73 I IN:218-0026 N. LOT# OWNER(S) - N/F GPIN REFERENCE(S) 228 BERKLEY, MARIANNA 2418-78-9386 M.B. 6, PG 107 REVOCABLE TRUST IN. 20131101001296390 229 WEBB GEORGE 2418-78-8383 M.B. 6, PG 107 RANDOLPH,.JR IN. 20170607000480490 230 MURPHY, TERENCE 2418-78-8342 M.B. 6, PG 107 IN. 20130321000331490 LOT 13 DEWEY, ROBERT L. 2418-78-9502 M.B. 18, PG 19 D.B. 3260, PG. 1157 LOT 10 CRAIG, TERRY ALAN 2418-78-8427 M.B. 42, PG 16 IN. 20070226000259430 LOT 9 ABENIR, MARIBEL 2418-78-7454 M.B. 42, PG 16 IN. 200408300137666 $) LTH OFp1 iRIC . ARNER►-4 ' Lic. . 2904 08/06/2019 o 46 sully _ i N SCALE: NTS SHEET 2 OF 2 STREET CLOSURE EXHIBIT AUGUST 4, 2019 -NV 1 OF A 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES Landscape Architecture (M.B. 6, PG. 107) Land g VIRGINIA BEACH, VIRGINIA wpl757 431 1041 242 INCIIb�M Sit MI 8 VOW 8E/01,10123152 CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA I F.H. 1054 P.40 I PLAT:H-73 I7N:218-0026 II\B Applicants & Property Owners George Randolph Webb, Jr. & Agenda Item Lelia Graham Webb Planning Commission Public Hearing March 10, 2021(Deferred from January 13,2021 PC Hearing) 5 City Council Election District Lynnhaven Virginia Beach Requests Street Closure PRE7Staff Recommendation y6t„,trcc t t . Approval p v.\ e Sh-e Staff Planner / f ,o�t Marchelle Coleman \ Stl�;- r).-- J - < ..t5tre�. , Location f ,`„,tree` 25-foot wide by 125-foot long portion of Holly "`„tt.,sttee` Road adjacent to 401 49th Street �*'" .at„,:feet pNN Adjacent GPIN l pt cY BaY GebM�~ p yGetenY OOW. .\ Kt„stree,t scree t 2418788383 y Cb z � � A5t„Ha Site Size T. A c 1e eb S 45,h Street 3,125 square feet s o 'O 0' "'t`'t„Street AICUZ o aF :rdla`S;e�t 65-70 dB D N L; Sub Area 3 Maher Dole � Nd Hatt S"eeta2^d storea� /! / 1 Watershed Chesapeake Bay Existing Land Use and Zoning District A t{;�. �- `% �_ Unimproved right-of-way , -' it`:*. ;`►- Surrounding Land Uses and Zoning Districts az`k. - �y , F' 't . , ^ • t Northsi ` - � :'l y •: t Single-family dwellings/R-5R (NE) Residential k ; •• `*4 •1-i. -_4 (North End Overlay) � 4► tt a * '� .'r' South A ' F . ' . . 'A- ' ' ". 49th Street ;if* d'1A1 ` t �` Single-family dwellings/ R-7.5 Residential -' ` . f.. East ` ,�, r ;V'� .`+ ` j :.; Single-family dwelling/R-7.5 Residential - " 6yw�r, t. Westt. S. oi ;y b ,I,_ Single-family dwelling/R-7.5 Residential 'o ., � t it George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 1 Background & Summary of Proposal • The adjoining property owners are requesting to close the 25-foot wide by 125-foot long unimproved portion of Holly Road adjacent to 401 49th Street. The area to be closed is approximately 3,125 square feet. The property owners will incorporate a 25-foot wide by 125-foot long portion of the closed right-of-way into their lot. • This section of Holly Road has been platted for over 100 years and has never been improved or utilized as a public street. The western portion of this unimproved right-of-way has been used as a private driveway for decades with portions of the porch in the right of way for many years providing access to the home directly from the unimproved right-of-way. 50t,suee1 1, No Zoning History to Report Otis„ • p��eV Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation A Viewers' Meeting was held on December 2, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this application. The Viewers determined that the proposed closure, with the required easements to the City, will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. The Department of Public Utilities indicated that there is an existing public sewer line located within this portion of the proposed closure and within the 15-foot wide alley in the rear of the property;therefore,the conditions of the street closure will include the dedication of a public utility easement to the City of Virginia Beach over the portion of the street to be closed and a public access easement for access to and from the alley adjacent to the rear of the property for the maintenance of public infrastructure located within or to be located within the alley. Similarly, the Department of Public Works is requesting a drainage easement over the portion of the street to be closed for potential future use as a Best Management Practice (BMP) to provide stormwater storage. This area has been identified in the Stormwater Master Plan as currently providing stormwater for the Broad Bay drainage basin. Upon dedication of the public utility and public drainage easements, all improvements located within the easement areas must either be removed to allow access to the easement areas for maintenance and repair when necessary or the applicants must seek an encroachment agreement with the City of Virginia Beach to hold the City harmless for removal of, or damage to, any improvements within the easement areas. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 2 Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat must include the dedication to the City of Virginia Beach over the closed portion of the unimproved right-of-way(a)a public utility easement; (b)a public drainage easement;and (c)a public access easement for access to and from the alley adjacent to the rear of the property for maintenance of public infrastructure located within or to be located within the alley,which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively,and the City Attorney's Office,and which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist,easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the area proposed for closure after the closure is finalized, prior to finalization of the street closure,the applicant must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the area proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates these sites as being in the Suburban Area, Suburban Focus Area (SFA)7-North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort(R-5R). Moreover,the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions,all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation,density stabilization, George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 3 and the use of the Best Management Practices (BMPs)for stormwater control. Improvement and reconstruction should use porous material for driveways, walkways, and other similar surfaces, where feasible,to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p.3-24). Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • One letter of concern has been received by Staff noting concern that the proposed street closure will eliminate pedestrian access between 49th & 50th Streets. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021 and February 28, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 4, 2021 and April 11, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 5, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 16, 2021. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 4 Street Closure Exhibit A.p.LTH op, I W r Q •`� �� LOT 9 LOT 10 LOT 13 RIC . ARNER►a A`g',r�j.� O .c� 08/06/20 9 I `�j�n w R\ 1mANHOSEWER l 15' LANE 9111d SUR O (15'R/W)(UNJAIPROVID)(M.B. 6, PG. 107) O OVERHEAD WIRES 0' — _ 5•4 SLOT229 ©. PR "SC , GP/N:• 2418-78-8383 P. POLE /C)BRICK WALL ,4, HB42 W/COLUMN& /,�STONE 36"WOOD FENCE ,e> IN$ WALLIe I T0,Melt*STEPPIN 4t !titSTONE ATH BRICK \ Q N 11.65' �:,'PAVERS CZ' N '4'i2-STORY FRAME � l' -BRICK 4I)► :4:(:)--I O LOT 230 11,4) sTEP$4 O RV"-no( 1 J ct m AREA OF PROPOSED --I :��X►0 O p STREET CLOSURE „32. ,; ;X �- (3,125 SO. FT OR .r 4►�=Xa�ig 0.072 ACRES) 4,� �.r 4►� �. 3 �� 1$ 50' 4! k.iA 25'• 2 NOTES: 50' • `T 1. THIS EXHIBIT IS INTENDED TO LSTONE S� RETAININ . SHOW THE AREA OF STORM BASIN WALL , PROPOSED RIGHT-OF-WAY IN CONCRETE GRAVEL CLOSURE AND INDEPENDENT 1t APRON OF THE ASSOCIATED RECORD (70'rR/W) DOCUIMENT(S) IS NOT 49 ((FORMERLY AVENUE E) STREET INTENDED FOR ANY OTHER (M.B. 6, PG. 107) THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT I ��SAN SEWER BEEN PROVIDED FOR THIS ""AN"'==E PROPERTY, _'_-z _ _ SCALE: 1"=30' SHEET I OF 2 -:--.�" STREET CLOSURE EXHIBIT AUGUST 4, 2019 _ OF A 25' X 125' PORTION OF 11 \� HOLLY BTWEENA49TH STREET'( )D AR 5 3 OTSLAANET) A MAP OF THE HOLLIES (M.B. 8, PG. 107) rEiAhl VIRGINIA BEACH, VIRGINIA �eom 757 4311041 rph 2@arstSEIMOIIE101Mno CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA I F.B.1054 P.40 I PLAT:H-73 I Ili:218-0026 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 5 Site Photo y ____ . ,. 1 +. Rs+ F it 44 PIPP -- ,10,.. ., - ' .ter ti• . George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME George Randolph Webb, Jr & Lelia Graham Webb 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 d,sclosu'er inted two Q'weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicanon(s). APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE 3/30/2021 MLC • REVISIONS SUBMITTED DATE George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 7 Disclosure Statement • 1VB Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:George Randolph Webb,Jr. & Lelia Graham Webb If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 "Affiliated business entityrelationship" means "a relationship, other than p" parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2 2.3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 9 Disclosure Statement • • • APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n 5 Accounting and/or preparer of I I your tax return U �( Architect/Landscape Architect/ u Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n ® j purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 XI Construction Contractors ZEngineers/Surveyors/Agents WPL Financing(include current Mortgage Electronic Registration mortgage holders and lenders Systems.Inc I^I selected or being considered to provide financing for acquisition or construction of the property) IX1El Legal Services R.Edward Bourdon,Jr.,Esquire* Real Estate Brokers/ • ® Agents/Realtors for current and anticipated future sales of the subject property 'Sykes. Bourdon.Ahern&Levv.r.C. • 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 I I X 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 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I 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. George R.Webb,Jr. A••LICAN ;URE C JJ Q , PRINT NAME DATE �c- • ' w v Lelia G Webb Page 5 of 7 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 11 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. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 12 Item # 5 George Randolph Webb & Lelia Graham Webb [Applicants & Property Owners] Street Closure 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49' Street March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Great. Thank you very much. Alright, thank you for those items on a Consent Agenda,they will be forwarded to and sent to City Council, and they will have future dates on those. Next, we will go to the Regular Agenda. Before we get started on the Regular Agenda, I want to point out that were are going to start on item number five and item number two since there are so many speakers, we are going to be moving number two to the back, we will start with item number five. Ms. Sandloop: Okay.Agenda item number five, George Randolph Webb and Lelia Graham Webb, an application for a Street Closure on property located 25-foot wide by 125-foot wide long, portion of Holly Road adjacent to 401 49th Street, located in the Lynnhaven District. Ms. Wilson: In order to change the agenda, we just need a vote. Mr. Weiner: Okay. Alright. We need somebody to make a motion. Ms. Wilson: Yes, we make a motion. Mr. Weiner: Do we have a motion please. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move that we rearrange our agenda such that we begin with agenda item number five and move agenda item number two towards the back of the agenda because we have so many speakers. Mr. Horsley: I second. Mr. Weiner: Alright. We have a motion by Mr. Redmond and second by Mr. Horsley. Ms. Sandloop: Okay, Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. 1 Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond:Aye. Ms. Sandloop: Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By a recorded vote of nine in favor and zero against the motion to change the order of today's agenda has been approved. Mr. Weiner: Now we will get started with item five. Ms. Sandloop: Okay. Do you want me to read it in again? Mr. Weiner: No, I think we are fine. Mr. Bourdon: Thank you, Mr. Chairman and Members the Commission. For the record, my name is Eddie Bourdon Virginia Beach Attorney and I represent Mr. and Mrs.Webb. This application along with the companion application on the eastern side of this 50- foot wide Paper Stub Street that has been platted for well over a century and never improved as a public right-of-way, it was on your agenda a month ago. Ms. Berkeley who owns the property on the east side of this 50-foot Paper Street passed away and her properties in her estate, they are not sure whether they are going to move forward or not on the closure. I suspect for the time being they probably won't. Mrs. Webb who bought the property and live in the property on the west side, the applicants here, bought their property about three years ago, they were recommended to me by Harry Lester, because the front porch of the house or steps are in the right of way. This house has been there for decades and decades, as it is their driveway and the steps going up to their house, so, they are seeking to close this section of Paper Street. If you all could put up page five, if you look at your monitors up there. This is the western half of a 50-foot Paper Street that is not improved in any way with any public improvements, other than 2 underground utilities. There is a hedgerow that runs down the middle and my clients driveway runs north about halfway up the street. The Paper Street, not an improved road,the closure of this right-of-way will be subject per condition number two, to a Public Utility easement held by the City of Virginia Beach over probably all 45-feet of the width of this closed portion, a drainage easement held by the City of Virginia Beach over the closed portion, and a public access easement typically that public access easement which is for walkers, bikers, pedestrians,what is been done in the past in Northern and other places, is it is closed 10-feet in the middle from the middle line on each side, total of 20 winds up being for pedestrian access. The entire Eastern 25-feet remains public right-of-way, not being closed, and there will be per condition number two a public access easement and I believe it will be on the eastern most 10-feet of the 25-feet that is being closed. So, there will be 35-feet as long as the other side is not closed, that will still be available for the public to use to cut through. If you can see on that exhibit, there is a 15-foot unimproved lane that runs east-west behind these houses. It is overgrown that never been improved, but there are utility lines in there. And, then to the North, you will see a 10-foot lane, that runs up to 50th Street, totally unimproved, but I am told you can go through there and people, the Webb's since they have been living there, say they occasionally see somebody walked through, they have no problem with that whatsoever. The letter was sent in by Rob Dewey and his wife, Rob's a good friend of mine, Wilcox & Savage. I have spoken to him and sent him the conditions. He gave me total authority to tell you that he and the Flams they are the neighbors who live on either side of the 10-foot lane that runs up to 50th Street that is again unimproved,totally are in agreement,they just want to make sure that public ability to get through there on foot, by bike remains and it remains and it remains after this with these conditions. Frankly, if they want, they still can use Holly Road, but we totally agree with the conditions, they are totally reasonable conditions. So, the other thing that you need to understand everyone needs to appreciate is that this really does not add buildable because of these easements buildable area to this lot. What it does do is it makes the nonconforming nature of the house that is there, it does not meet the side setback did not need it when it was built because it did not have setbacks. It makes it legal, and if they wanted to make an addition to their house build something up higher whatever they would not have to go and get a variance of the Board of Zoning Appeals to a zero setback which is what they have because they actually encroach a little bit into the right-of- way. So, it just cleans up the title to their property, it really does not give them any great ability to redevelop and they have no desire to redevelop, they just want to clean up the title of the property, and all the conditions are acceptable to them and there are some viewers have said and the Staff have said there is certainly nothing being lost here to the public, you cannot put a road through to 50th Street, does not exist they are houses behind this. So, you cannot and all they do is preserving the same access that exists today. I would be happy to answer any questions. Mr. Weiner: Any questions for Mr. Bourdon. Thank you, sir. 3 Mr. Bourdon: Thank you. Mr. Dao: Mr. Chair, we do have one speaker for this item, Mr. David Hay. Mr. Weiner: Okay. Welcome sir, please say your name for the record. Mr. Hay: David Hay, former deputy city attorney for 22-and-a-half years. I was fired by the City Attorney because I won every case against and the cases involve North Virginia Beach, Holly Road, Lake Holly, Ocean Park. I do not want to go through the list, I go through the list in a memo to City Council. If you close this road, you are setting a dangerous precedent throughout the City of Virginia Beach, Bruce Thompson would be proud of you. Because I acquired Cavalier Drive in front of the Cavalier Hotel and a park next to The Oceans Condominium, and the property on the other side of Pacific Avenue. And in front of the Cavalier Hotel and what did the City do, they gave it to Bruce Thompson for nothing. You have given these people property for nothing. I use this road. I ride through here. Cars to go through and see some of my neighbors. I would not go through the list of neighbors I have because I do not have time. I have lived in Virginia Beach for over 45 years since 1974. The city attorney Dale Benson, said we need him over here, because he is been there on several cases for Ernie Consolvo, history of Virginia Beach just for a few minutes if you bear with me. The Hollies, Cape Henry Syndicate, East Beach, North Beach, all these beaches were platted in the early 1900s. Why would they call that to get people from the Northeast to buy a property in Virginia Beach instead of in Florida. Naturally, through Peter Babalas and some other politicians was reviving the corporations, the corporations had platted this property in early 1900s, went bankrupt, so, their assets were no good supposedly. So, Ed claimed ownership to Ocean Park, he claimed ownership to North Virginia Beach, and several places in the beachfront, Lake Holly, all the three lakes at Lake Holly and Rudee Inlet. And, I came aboard and he never won a case against the City. 49th Street, Holly Road and the 10-foot lane go all the way through to 50-Street. Mr. Weiner: Mr. Hay, thank you very much for your comments. Anybody have any questions for Mr. Hay. Thank you, sir. Mr. Bourdon. Mr. Bourdon: I am not really sure where to start. The City of Virginia Beach owns this right of way, I guess Mr. Hay gets the credit for that being the case. These Paper Streets, the lanes not being closed either way, but to suggest that I am pretty sure I heard Mr. Hay say that he has driven his car through here to visit people. I find that to be, if you all have been out there to look at the property, I do not know when that might have happened, but it sure as heck has not happened in the last number of decades. And, the City is cleaning up, my clients have to pay for this, they are not been given anything for free. They will pay the City the value of the property, it will be encumbered by all these easements. The City has no intention whatsoever to make this a dead end street at that 15-foot alley, nor to improve the 15-foot alley that runs east and west and if that were ever to be proposed, I am pretty sure you have some upset people who live along there. The 10-foot alley going through to 4 50th Street, you really cannot even see where it exists, but people do cut through there and again this is in no way, shape, or form a desire to stop people from walking through there, none. And that is being provided for, but it is ensuring that there is no public street that goes through there and the driveway on both my clients property today and on the Berkeley property to the east, partially on the Berkeley property is also in this right-of-way. Been there again for decades but it is never been improved or used as a public thoroughfare for vehicles. And, I do not know how that ever would have come to pass, but conditions again are all acceptable. I would be happy to answer any questions that you may have. Mr. Weiner: Thank you. Any questions for Mr. Bourdon. Mr. Alcaraz: So, evaluation has been done on the property and an appraisal has or maybe. Mr. Bourdon: That is a part. Mr. Alcaraz: Is that the next step. Mr. Bourdon: Correct. And this has been done on other portions of Holly Road at the North End by Planning Commission, City Council. Once City Council decides, yes, we have no need for this to remain a public street as long as we have the easements that we need for what use it will be put to and is being put to, then there is a process of either negotiating a price or having an appraisal done. And the determination of the value is made by the City Real Estate Office along with City Attorney's Office and the viewers, the City Manager's Office. So, then it is paid for and it is re- subdivided and becomes a part of the Webb's lot subject to those easements that are platted with that re-subdivision plat that preclude anything being done there other than drainage and utilities and the public access portion. Mr. Alcaraz: Okay, so the notion of it being free is not true. Mr. Bourdon: That is been the City's street closure process for as long as I have been practicing law. Mr. Alcaraz: Alright. Thanks. Mr. Weiner: Any other questions. Thank you, sir. Mr. Bourdon: Thank you. Mr. Weiner: There are no more speakers, correct? Mr. Dao: There are no more speakers. Mr. Wall: Mr. Bourdon, I do have one more question. The ingress-egress easement that is not for pedestrian access there, is it that would be platted with this, it would be just for reasonable ingress-egress access. 5 Mr. Bourdon: That would exist. The part that is a public utility easement that will be pretty much all of it, will also have access. Okay. They could be contiguous, it could be the same 40-feet, it will be determined by Staff how much they want on this side to be available for access, that is exactly right. And, the City will have the ability to bring your equipment back there because of the utility line that runs East-West in the 15- foot line on the backside. Mr. Wall: Right. That would just be a typical easement for any kind of utility drainage. Mr. Bourdon: Well, actually be there are three separate easements that are proposed but again that has not been ascertained with finality. Mr. Wall: Okay. Mr. Bourdon: Nothing would happen with the street closure that would add any additional burden for anyone going through to 50th Street through this property. Nothing in this will change that. Mr. Wall: Okay. Alright, thank you. Mr. Bourdon: Hope that helps. Thanks. Mr. Weiner: Thank you. Alright, no more speakers, correct? Mr. Dao: That is correct. Mr. Weiner: Okay, we will close it and open it up for discussion or motion. Okay. Ms. Klein: So, I spoke to Mr. Hay this weekend about his concerns. And I feel better having Mr. Bourdon kind of walk us through it. I like the fact that the easements will be remaining in place. My biggest thing was that there was pedestrian access that is going away but it sounds like that is not the case. And, that was my focus and so I will vote in favor of the application. Mr. Weiner: Okay. Anyone else? George. Mr. Alcaraz: Yeah, just typical street closure, I think the purpose of it from what I just heard is to more or less relocate the property line so it is a better situation than it is, it sounds like there is not going to be any visual difference than what you see right now, and I am going to recommend approval too. Mr. Weiner: Jack. Mr. Wall: Yeah, there is plenty of precedents for this. This is not an unusual or unordinary request. Mr. Weiner: Dave. Mr. Redmond: Mr. Chairman, I move approval of the application. 6 Mr. Weiner: We have a motion by Mr. Redmond. Do we have a second? Ms. Oliver: I will second it. Mr. Weiner: Seconded by Ms. Oliver. We are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond:Aye. Ms. Sandloop: Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By a recorded vote of nine in favor and zero against agenda item number five has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT 7 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. 9 Horsley AYE Inman AYE Klein _ AYE Oliver AYE Redmond AYE _ Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach over the closed portion of the unimproved right-of-way (a)a public utility easement; (b) a public drainage easement; and (c) a public access easement for access to and from the alley adjacent to the rear of the property for maintenance of public infrastructure located within or to be located within the alley, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the area proposed for closure after the closure is finalized, prior to finalization of the street closure, the applicant must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the area proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the 8 1,12� ► , i / - -------' 11.11‘rfyllir N 'Ir '�12 AG1 \ - il? i/ , 12 , t AG2� n 12 9) i 7 1 \ „(, , ,r-\/_: , , /, -icef Nz \ 4 /-090-ii,:----N\ ----Nii:j 11 4 ,/ / 1-1 -,-(e)..) o , / \ r E=i TL ammmeam / 1 CID AG`2� - 1'11u DamDl� / / irc---r----=____, Neck Road / `N17'..-5 �-- AG 1til N /// Site Dam Neck Storage, LLC W ,Ah E Property_Polygons 1441 London Bridge Road s Zoning Building Feet Parking Lot Drive Aisle 0 80160 320 480 640 800 960 r y{�«".t-.-en.tih,, Z`4 �� Vv:vti CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DAM NECK STORAGE, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning (2005 Approval to Conditional I-1 Light Industrial) & Conditional Use Permit (Bulk Storage Yard) for the property located at 1441 London Bridge Road (GPIN 1495566421). COUNCIL DISTRICT — ROSE HALL MEETING DATE: April 20, 2021 • Background: The subject property known as "Vector Park" was rezoned from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005 for office- warehouse and storage uses. The southern parcel is developed with self-storge units. The eastern half of this site is developed with office-warehouse and a bulk storage yard. The applicant now seeks to expand the office-warehouse and bulk storage yard uses onto the remaining western half of the site; therefore, as these improvements were not depicted on the proffered plan, a modification to the proffer agreement as well as a Conditional Use Permit for a Bulk Storage Yard are required. Specifically, the applicant proposes to develop this portion of the site with four office warehouse buildings totaling approximately 24,300 square feet and two areas for bulk storage yards. • Considerations: The site is in the highest noise zone, > 75 dB DNL, and also within the Accident Potential Zone 1 (APZ 1). The proposed uses are compatible with the AICUZ regulations and with the terms of the Navy restrictive easement that encumbers the property. A letter from the Navy indicating the proposal's compliance with the easement is provided in the Staff report. A deviation to the required Category VI screening for the bulk storage areas is proposed. The applicant seeks to deviate from the fencing and planting requirement on areas internal to the site and not visible from the rights-of-way or any adjoining property. Specifically, the applicant requests to use chain link fence along the eastern side of the storage yard area and the elimination of the planting requirement along the south and east sides of the storage yard area. The language of this condition was modified following the Planning Commission public hearing, as indicated by underlined text, to clarify the location of the deviation requested. The proffered Landscape Plan depicts a 50-foot wide vegetated buffer to be Dam Neck Storage, LLC Page 2 of 3 preserved along Drakesmile Road and a 15-foot and 30-foot wide vegetated buffer to be preserved along London Bridge Road. In addition, a 15-foot wide vegetated buffer will be installed along London Bridge Road after the construction of the buildings are complete. Staff finds the deviation acceptable due to the existing and proposed landscape buffers. While the Planning Commission did place this application on the consent agenda, Condition 2 was modified as indicated below with underlined text, to allow as part of the screening deviation that either a wood fence or a fence constructed with all- weather materials be installed along the western and northern boundaries of the storage yard. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On March 10, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval by a vote of 8-0 with 1 abstention. The following conditions apply to the Conditional Use Permit. The proposed proffers are attached. 1. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fourteen (14)feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 2 e-Material of the solid fence depicter) nn the Site Plan shall he vinyl nr other similar maintenance free material. When the site is being developed, it shall be in substantial conformance to the site layout entitled `PRELIMINARY LANDSCAPING PLAN FOR VECTOR PARK, PHASE III, prepared by NDI Engineering Company, dated January 31, 2020 which has been exhibited to the City Council and is on file in the Planning Department. This include a deviation to the Category VI screening around the perimeter of the bulk storage yard as follows. The fence along the eastern boundary may be chain link and plant material is not required along this portion of the fence; no plant material is required along the southern portion of the solid privacy fence. This is a deviation to the landscaping and fencing required by the Zoning Ordinance. • Attachments: Staff Report & Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Public Hearing Dam Neck Storage, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department iv City Manager: Applicant & Property Owner Dam Neck Storage, LLC111,3 Agenda Planning Commission Public Hearing March 10, 2021 Items City Council Election District Rose Hall 6 & 7 Virginia Beach Requests #6 - Conditional Use Permit (Bulk Storage Yard) #7 - Modification of Proffers (Mini- ( "''f r6 Warehouse) ? * " m 9 c C' ° C c Staff Recommendation 41.-iiit%i, ''y%,,Approval ., °0.°'d °o ios Staff Planner sc.°`' Hoa N. Dao """'° "e t 11/ ,f\P 4 0 Location 1/- f Hgrse Pas t� Bfd9r Road 1441 London Bridge Road 1 R°ad . GPIN _'"Nick Road R do 1495566421 Site Size 13.02 acres AICUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay . , • . d Existing Land Use and Zoning District „ ,.. a Mini-warehouse, outdoor bulk storage yard/ I-1 Light Industrial Surrounding Land Uses and Zoning Districts North London Bridge Road Manufacturing&warehouses / I-1& 1-2 Industrial South -_ Self-storage units/ I-1 Light Industrial East --4.:,4:��, : , r Single-family dwelling, bulk storage yard/AG-2 Y ;, ' r ` `L .r� Agricultural, I-2 Industrial r ` West Drakesmile Road Mulching business/ I-1 Light Industrial Dam Neck Storage, LLC Agenda Items 6 & 7 Page 1 Background & Summary of Proposal • The subject property"Vector Park" was rezoned from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005 for office-warehouse and storage uses. The southern parcel is developed with self-storge units. The eastern half of this site is developed with office-warehouse and a bulk storage yard. The applicant now seeks to expand the office-warehouse and bulk storage yard uses onto the remaining western half of the site. • The applicant seeks a Conditional Use Permit for a Bulk Storage Yard and a Modification of Proffers request to amend Proffers 1, 2, and 4 that were associated with the rezoning of the property in 2005. Except for Proffers 1, 2, and 4 that are proposed to be amended for the western half portion of the site,the proffers associated with the 2005 rezoning remain in effect for the entire Vector Park development site. • The proposal includes four buildings totaling approximately 24,320 square feet for office-warehouse use and two areas for bulk storage yards that are fenced in by an 8-foot tall privacy and chain link fence.The majority of the fence is solid, except chain link is proposed along the eastern side of the project site that faces the interior of the lot, not visible from public rights-of-way. • The submitted Landscape Plan shows a 50-foot vegetation buffer to be preserved along Drakesmile Road and a 15- foot and 30-foot vegetation buffer to be preserved along London Bridge Road. In addition,the applicant will replant the 15-foot vegetation buffer along London Bridge Road after the construction of the buildings are completed. • Four parking spaces are required for the proposed use. The proposal exceeds the parking requirement by 21 parking spaces. • No additional driveway or access is proposed on London Bridge Road. • The subject site falls within a Navy Restrictive Easement. The Navy reviewed the proposal and has no objection. Sh �� Zoning History 1 •'"" ' �i) i1 # Request 1 MOD(Outdoor Recreation)Approved 12/09/2014 5 MOD(Outdoor Recreation)Approved 09/14/2010 MOD(Outdoor Recreation)Approved 09/08/2009 / \11,107 ,, MO D(Outdoor Recreation)Approved 08/09/2005 CUP(Outdoor Recreation)Approved 03/23/2004 \ 2 CUP(Bulk Storage Yard)Approved 07/02/2013 .O, j CRZ(AG-1&AG-2 to Conditional 11)Approved 01/11/2005_,, —--7 r e -----1 �\\,4 rm 3 CUP(Commercial Kennel)Approved 02/2/2005 \ i =J; 4 MOD(Modification of Proffers)Approved 09/14/2004 t CRZ(AG-1&AG-2 to Conditional 1-1)Approved 4n,40 ,' 0 05/14/2002 ,,,-—. ---- 5 CRZ(AG-1&AG-2 to 1-2)Approved 05/22/1985 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Dam Neck Storage, LLC Agenda Items 6& 7 Page 2 Evaluation & Recommendation The applicant's request to expand the office-warehouse and bulk storage yard uses onto the remaining half of the 13.02- acre parcel is acceptable. The proposed uses are appropriate for this area, as it is located in the highest noise zone and APZ-1 of the AICUZ, in an area that is primarily industrial, and in an area designated by the Comprehensive Plan for such uses. The subject property has been used for office-warehouse and bulk storage since 2006 and the site is well screened from Dam Neck Road, Drakesmile Road, and London Bridge Road by existing vegetation. Section 228 of the Zoning Ordinance requires the bulk storage yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot tall fence and Category I landscape plantings within a minimum five-foot wide planting bed. The submitted Landscape Plan shows preservation of existing vegetation along London Bridge Road and Drakesmile Road and planting along the western property line where the abutting property operates a mulch business. In addition, an 8-foot tall privacy fence will screen the bulk storage yard along the west, north, and south sides. The applicant seeks to deviate from the fencing and planting requirement. Specifically,the applicant requests for a chain link fence to be utilized along the eastern side of the storage yard area and for planting not to be installed along the south and east sides of the storage yard area where it faces the interior of the lot and not visible from any public rights-of-way or adjoining lots. Since the storage yard area will be screened by the existing wooded area to be preserved, Staff is agreeable to the deviation request as proposed. The Development Service Center(DSC) Staff reviewed the preliminary stormwater analysis and agrees that the proposed stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Further details of the proposed stormwater management strategy are discussed below in this report. The proposal will utilize the existing access point on London Bridge Road. Traffic Engineering Staff reviewed the request and no concerns were raised as the use of a storage yard and office-warehouse generate very low traffic volume. Based on the considerations above, Staff recommends approval of these requests subject to the proffers and the conditions noted below. Recommended Conditions 1. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fourteen (14)feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 2. The material of the solid fence depicted on the Site Plan shall be vinyl or other similar maintenance free material. When the site is being developed, it shall be in substantial conformance to the site layout entitled 'PRELIMINARY LANDSCAPING PLAN FOR VECTOR PARK, PHASE III, prepared by NDI Engineering Company, dated January 31, 2020 which has been exhibited to the City Council and is on file in the Planning Department.This include a deviation to the Category VI screening around the perimeter of the bulk storage yard as follows.The fence along the eastern boundary may be chain link and plant material is not required along this portion of the fence;no plant material is required along the southern portion of the solid privacy fence.This is a deviation to the landscaping and fencing required by the Zoning Ordinance. 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. Dam Neck Storage, LLC Agenda Items 6& 7 Page 3 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. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Only to the extent applicable to the Modification Area, Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "The Modification Area,when developed,will be developed in substantial conformity with the conceptual site development plan prepared by NDI Engineering Company,dated January 31, 2020, and entitled 'PRELIMINARY SITE DEVELOPMENT PLAN FOR VECTOR PARK, PHASE III',a copy of which is on file with the Department of Planning and has been exhibited to the City Council(the 'Site Plan')." Proffer 2: Only to the extent applicable to the Modification Area, Proffer Number 2 of the Original Proffers is hereby deleted and replaced with the following: "The architectural style and quality of materials used for the buildings located on the Modification Area,when developed, will be in substantial conformity with the conceptual elevation prepared by Covington Hendrix Anderson Architects,dated January 31,2020,and entitled 'DEVELOPMENT FOR VECTOR PARK—PHASE III,VIRGINIA BEACH,VIRGINIA',a copy of which is on file with the Department of Planning and has been exhibited to the City Council." Proffer 3: Only to the extent applicable to the Modification Area,Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "The portion of the Modification Area shown on the Site Plan as 'Area to be Preserved' shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities as shown on the Site Plan." Proffer 4: New Proffer 10,which shall apply only to the Modification Area, is hereby added to the Original Proffers, and reads in its entirety as follows: "The existing trees and landscaping located within that area along Drakesmile Road shown in cross-hatching and labeled as "Existing 50'Vegetation Buffer to be Preserved"on the Site Plan,together with the existing trees and landscaping located within the areas along London Bridge Road shown in cross-hatching and labeled as "Existing 30'Vegetation Buffer to be Preserved" and "Existing 15'Vegetation Buffer to be Preserved"on the Site Plan,will be preserved during development of the Modification Area. Promptly after the completion of construction of the proposed improvements to be located within the Modification Area,Grantor will replant a fifteen foot(15')wide area labeled as "15'Re-Planting Area"on the Site Plan (the"Re-Planting Area")with vegetation consisting of similar species as those removed from such area during construction. Grantor will submit a landscape plan depicting the vegetation to be replanted within the Re-Planting Area for approval by Dam Neck Storage, LLC Agenda Items 6 & 7 Page 4 the City landscape architect. To the extent that the plantings within the Re-Planting Area along exterior building walls facing London Bridge Road satisfy applicable foundation landscaping requirements contained in the City Zoning Ordinance,such plantings shall be considered sufficient to satisfy the foundation landscaping requirements contained in Proffer 3 of the Original Proffers." Proffer 5: Except as expressly modified by this Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers (including Proffers Numbered 3, 5,6, 7,8,and 9)shall remain unchanged and are incorporated herein by reference with respect to the Modification Area. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Proffers of 2005 Rezoning Proffer 1: When developed,the area of the Property shown as"Phase I"on the conceptual site plan prepared by NDI Basgier& Associates Division,dated August 3,2004,and titled"Conceptual Plan for Atlantic Builders, LLC"(the"Concept Plan")shall be developed for industrial storage,warehouse,and related office purposes,substantially in accordance with the plan shown on Sheet 1 of 2 of the Conceptual Plan,copies of which are on file with the Planning Department and have been exhibited to the City Council; provided, however,that Grantor shall have the right to reduce the size, number and configuration of the buildings shown on the Conceptual Plan. Proffer 2: When constructed, all industrial storage and warehouse buildings located on the area of the Property designated on the Conceptual Plan as "Phase I" shall be constructed using architectural designs in substantial accordance with the renderings titled "Atlantic Builders, LLC Proposed Conceptual Elevations", dated October 18, 2004, which have been submitted to and remain on file with the Planning Department and which have been exhibited to the City Council. Proffer 3: When constructed, all exterior building walls facing London Bridge Road or London Bridge Road Extended shall be constructed using either(a)fiber cement panels substantially similar to the sample submitted to the Planning Department with the Grantor's rezoning application and exhibited to the City Council,either in bluestone, neutral or earth-tone colors; (b)split-face block, in neutral or earth-tone colors;or(c) brick, in red, neutral or earth-tone colors. In addition,when constructed,foundation landscaping shall be installed along all exterior building walls facing London Bridge Road or Dam Neck Road. Proffer 4: The areas shown on Sheet 1 of 2 of the Conceptual Plan as "Area to be Preserved 4.6+/-Acres"and"Area to be Preserved 2.7+/-Acres"shall not be developed,except as reasonably necessary for the installation of stormwater retention facilities and the installation of landscaping as shown on the Conceptual Plan. Proffer 5: When developed,the Grantor shall install landscaping along London Bridge Road Extended and Dam Neck Road in substantial accordance with the landscaping shown on Sheet 2 of 2 of the Conceptual Plan and shall preserve existing, mature trees along those areas,to the extent reasonably possible in light of Grantor's development plans. Proffer 6: Dam Neck Storage, LLC Agenda Items 6 & 7 Page 5 All buildings and structures located upon the Property shall be set back a minimum distance of fifty feet(50')from the current right-of-way of London Bridge Road Extended.All stormwater retention or treatment facilities located along Dam Neck Road and London Bridge Road Extended shall be set back a minimum distance of thirty-five feet(35')from the current rights-of-way, as shown on Sheet 2 of 2 of the Conceptual Plan. Proffer 7: No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between London Bridge Road and any building on any parcel adjacent to London Bridge Road, nor within fifty feet(50')of London Bridge Road Extended. Proffer 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 9: When the Property is developed,a privacy fence six feet(6') in height shall be installed between the rear of the easternmost building shown on the Conceptual Plan,extending from the front yard setback line along London Bridge Road to the Phase Line shown on the Conceptual Plan. Comprehensive Plan Recommendations The subject site is located within the Special Economic Growth Area (SEGA) 3—South Oceana. SEGAs are viewed as special areas with significant economic value and growth potential, with primary consideration being adjacency to NAS Oceana. SEGA 3—South Oceana, between Drakesmile and Holland Road,faces considerable constraints including high noise zones, accident potential zones, Navy restrictive easements, and floodplain issues. The proposed industrial use is consistent with the Comprehensive Plan recommendation for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known natural resources or cultural features located on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Brid e Road 12,400 ADT1 12,600 ADT 1(LOS°"D") Existing Land Use 2—988 ADT g 15,500 ADT 1(LOS°"E") Proposed Land Use 3-42 ADT 1 Average Daily Trips z as defined by a 13-acre parcel 3 as defined on 24,000 square feet 4 LOS=Level of Service zoned 1-1 of office-warehouse Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a two-lane collector roadway and there are no planned improvement projects in the CIP for this portion of the roadway. Dam Neck Storage, LLC Agenda Items 6 & 7 Page 6 Public Utility Impacts Water The site is connected to City water. There is an existing 16-inch water main along London Bridge Road. Sewer The site is connected to the City sanitary sewer system via private pump station and force main. Stormwater Impacts Project Stormwater Design Staff Summary This project is the final phase of a master planned development previously known as Sawyer Property or Vector Park, with approximately 2.91 acres proposed to be disturbed for development. Stormwater infrastructure was designed and installed for the development, including in this proposed area of development, in 2006. Drainage from the site currently drains through three existing interconnected wet ponds and eventually out from the overall development to the public drainage system in Dam Neck Road and will continue to do so with the proposed development. The Preliminary Stormwater Analysis incorporated the site's previous stormwater master plan into the City's master drainage study and verified the proposed additional impervious area could be handled by the previously constructed system. The three existing interconnected wet ponds will continue to be used to satisfy water quantity requirements, with slight modifications to the outfall structure in Lake#3 to increase onsite ponding and eliminate modeled impacts offsite. Water quality for the site was sufficiently accounted for in the stormwater master plan for the site, and additional treatment is not required. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The submitted stormwater model included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Kimley Horn in the Preliminary Stormwater Analysis, the DSC finds that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 2.91 Acres Pre-Development impervious area (Phase III):0 Acres Post-Development impervious area (Phase III): 2.13 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Existing wet ponds, updated outfall structure Total storage volume provided in the adjacent existing stormwater management facilities: 103,675 cubic feet Dam Neck Storage, LLC Agenda Items 6 &7 Page 7 Description of outfall:The interconnected wet ponds drain to the existing public drainage system on the north side of Dam Neck Road, heads west under Drakesmile Road, leading to an outfall into Upper West Neck Creek. Downstream conveyance path: Upper West Neck Creek drains into the North Landing River, which eventually outfalls into the Currituck Sound. Stormwater Quality Compliance Design Information Method of treatment:The site was included in the stormwater master plan for the overall development and pollutant removal requirements have already been met. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets the requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR)storm event. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021 and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 4, 2021 and April 11, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 5, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 16, 2021. Dam Neck Storage, LLC Agenda Items 6& 7 Page 8 Proposed Site Layout ".>xi. „, p EXISTING VEGETATION TO PRESERVE LONDON BRIDGE RD -' PROPOSED VEGETATION - PROPOSED PRIVACY FENCE " I. • • PROPOSED CHAIN LINK FENCE Ks ,,,,..,.., ♦Nra + rLlt4� 74,,ar mPLS 9 A 51 oysr 1I eirek tUp„,--, 1. , A})y7f'A!1 p(�VCKN) �` --,, ,_11 r�41a by a„t ` \ • 11111 r i , II p•S" 4 ..vCR+Hµ SfppO�`CR.ty(� 1 $'-Privacy Fence 8' Chain Link Fence \ 5lp i Deviation to Solid Fence & Plantings AMC• 1 R- Deviation to Plantings YgTE E XIS''SE Mx.• PRESER' �'Q9� VEGETATION TO BE PRESERVED w'J'�il N F "Po __/- N \ _ - Dam Neck Storage, LLC Agenda Items 6& 7 Page 9 Proposed Elevation Plan f � \ \ ( � . . . y ( ( ( \ � ` 11111 \ ~� �^ > 1 _ / \ � _ t \ � ƒ } C . \ ' . } � ƒ{ ( • \ k \ a Dam Neck Storage, LLC Agenda Items 6 & 7 Page 10 Site Photos eugymtir .111 ,„,,„iix;a;;,;;;; : . ,i ,, 1-,.' ai 1!!IIf" i ! �* _'": ' �_ -atr �h 3.; • ' -_.--:-- 'di y �' r r • • - Dam Neck , LLC Agenda Items 6, &7 PageStorage 11 Site Photos '- - . - - a�-�• I = N 1oft/0 £.• / '-- F t =•n I'' t ' - -at - It y-If . • " fir•" Dam Neck Storage, LLC Agenda Items 6 & 7 Page 12 Site Photos tiI.Z... 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' ' - .• .,.., - ..,4 40", _t;. - .... . ....--- - ____--- .,...._,..,,,„,..........'- , ..,., . -", Dam Neck Storage, LLC Agenda Items 6 & 7 Page 13 Easement Compliance Review �:` , %tip DEPARTMENT OF THE NAVY i NAVAL AIR STATION OCEANA -1.` 1750 TOMCAT BOULEVARD y VIRGINIA BEACH VIRGINIA 23460 2191 d REPNY REFER 10 4535 Ser N4/082 6 Mar 20 Mr.Mike Arnold The Miller Group 2649 Production Road Virginia Beach,VA 23454 Dear Mr.Arnold: Thank you for the request for an easement compliance review for the use of a property located at 1441 London Bridge Road,Virginia Beach,Virginia. 1 reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the properties are subject to restrictions resulting from a Grant of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Since there is not an identified use of the property,a determination as to whether the use of the property is permitted under the terms of the Grant of Easement cannot be made. However,the Navy has no objections to the proposed construction of warehouses,provided no obstruction on the property extends more than 130 feet above mean sea level and no lights will be installed that impair pilot vision. The Navy reserves the right to approve future uses of said warehouses for compliance with the terms and conditions of the Grant of Easement. Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U.S.Navy will periodically conduct random reviews in the field. of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request on this matter. When an end user of the property is identified, please contact Mr.Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.moomawa naviy.mil to request an easement compliance review. Si -y, ".....:( /1, .w if .HEWITT •aptain,U.S.Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3&PRA 12) Dam Neck Storage, LLC Agenda Items 6& 7 Page 14 Easement Compliance Review EI-0215 25 February 2020 REAL ESTATE CONTRACTING OFFICER'S REVIEW AND FINDINGS Request Reecived: On 14 February 2020 Hoa N.Dao with the City of Virginia department of Planning& Community Development,emailed a request for an easement compliance review on behalf of Mr.Mike Arnold with Dam Neck Storage,LLC(DNS)for a property located at 1441 London Bridge Road,Virginia Beach,Virginia. Additional information was requested on 18 February 2020,and was provided on 24 February 2020. Property Location: The subject property is located within P-997,parcel 66A. The United States acquired certain rights over this parcel through a Grant of Easement(GOE)acquired on 21 March 1980,recorded in Deed Book 1996,starting on Page 664 in the Office of the Clerk of the Circuit Court for the City of Virginia Beach. The Navy refers to the GOE as EI-0215. Proposed Use: In an email dated 24 February 2020,Mike Arnold with The Miller Group stated: The buildings depicted in this last phase of the Vector Park property are spec buildings. the property to the South is the self-storage facility that we know(sic)longer own. Review of Restrictive Easement(s): The restrictions for this parcel begin in paragraph 1 on page 666 of deed book 1996. Paragraph 1 prohibits any obstructions over 130'above mean sea level. Paragraph 2.a prohibits visible emissions greater than 20%opacity. Paragraph 2.b prohibits lights which will impair pilot vision. Paragraph 2.c prohibits feeding stations or crops that are not harvested when mature. Paragraph 2.d prohibits any human dwelling. Paragraph 2.e.states: With the exception of pre-existing dwellings,the above-described property shall not be used for any purpose other than I)industrial,defined as manufacturing or assembling, 2) warehousing.3)auto parking, 4)cemeteries,5)nonspectator recreational activities, 6) mining and natural resource production and extraction, 7)agriculture,8)forestry and 9) public roads and highways,public utilities and railroads. The above nine uses exclude the use of the property for retail sales to the customer not for resale,and for office space not directly related to or required by the enterprises located on the property. Paragraph 3 provides for a perpetual easement for ingress and egress by the United States Government for the purposes of exercising the rights within the Grant of Easement. Conclusions: DNS is proposing to build new buildings without any identified users. Since there is no proposed use,there is no conclusion to draw regarding the use of the property. Dam Neck Storage, LLC Agenda Items 6& 7 Page 15 Easement Compliance Review EI-0215 25 February 2020 The building may be built provided no obstruction extends more than 130'above mean sea level. and no lights may be installed that will impair pilot vision. When DNS identifies potential users they will need to contact the Navy to request an easement compliance review for the proposed use of the property. /.tea PAUL MOOMAW Real Estate Contracting Officer By the direction of the Commanding Officer Dam Neck Storage, LLC Agenda Items 6 & 7 Page 16 Disclosure Statement 11/413 Virginia Beach APPLICANT'S NAME Dam Neck Storage LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 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 i Board J 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 I:S, ^ , ;:.L disclosures must,:r updated two(2)wee,, s any Page 1 of 7 Planning Comnussion and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE. 04.08.2021. ❑ : REVISIONS SUBMITTED DATE Dam Neck Storage, LLC Agenda Items 6& 7 Page 17 Disclosure Statement .4B nID¢ Virginia Beach n 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:Dam Neck Storage LLC If an LLC, list all member's names: Jerrold L. Miller(Member/Manager) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Same as Applicant. If an LLC, list the member's names: Page 2 of 7 Dam Neck Storage, LLC Agenda Items 6 & 7 Page 18 Disclosure Statement gym.; Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ip a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Dam Neck Storage, LLC Agenda Items 6 & 7 Page 19 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE 1 f PROVIDER(use ded)additional sheets if J nee _ FAccounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents NDI Engineering Company Financing(include current IX1mortgage holders and lenders /� selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Troutman Sanders LLP Real Estate Brokers/ X Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 Dam Neck Storage, LLC Agenda Items 6 & 7 Page 20 Disclosure Statement Virginia Beach 1 CERTIFICATION: I certify that al► of the information contained in this Disclosure Statement Form is complete,true, and accurate. ► understand that, upon receipt of notification that the application has been schedu►ed for public hearing, I am responsible for updating the information I 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... A LI NT's SIGNATURE _ PRINT NAME DATE Page 5 of 7 Dam Neck Storage, LLC Agenda Items 6& 7 Page 21 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. Dam Neck Storage, LLC Agenda Items 6 &7 Page 22 CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE OF OUR Hoo In Reply Refer To Our File No. DF10422 DATE: April 9, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Dam Neck Storage, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 20, 2021. I have reviewed the subject proffer agreement, dated January 11, 2021 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy Bloom 1 Prepared by and return to: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERS COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 11 day of Zft'“Ai '1 , 2021, between DAM NECK STORAGE LLC, a Virginia limited liability company, ("Dam Neck", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Dam Neck is the owner of the real property described on Exhibit A attached hereto (the "Property"), which property is currently zoned Conditional I-1, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Atlantic Builders, LLC and Grantee dated December 15, 2004, and recorded on January 20, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office")as Instrument Number 200501200010587 (the"Original Proffers");and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent applicable to that portion of the Property described on Exhibit B attached hereto(the"Modification Area");and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Modification Area, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Modification Area, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives,assigns, grantees and other successors in interest or title,namely: GPIN: 1495-56-6421-0000 41295117v9 . l 1. Only to the extent applicable to the Modification Area, Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "The Modification Area, when developed, will be developed in substantial conformity with the conceptual site development plan prepared by NDI Engineering Company, dated January 31, 2020, and entitled `PRELIMINARY SITE DEVELOPMENT PLAN FOR VECTOR PARK, PHASE III', a copy of which is on file with the Department of Planning and has been exhibited to the City Council (the 'Site Plan')." 2. Only to the extent applicable to the Modification Area, Proffer Number 2 of the Original Proffers is hereby deleted and replaced with the following: "The architectural style and quality of materials used for the buildings located on the Modification Area, when developed,will be in substantial conformity with the conceptual elevation prepared by Covington Hendrix Anderson Architects, dated January 31, 2020, and entitled `DEVELOPMENT FOR VECTOR PARK—PHASE III, VIRGINIA BEACH,VIRGINIA', a copy of which is on file with the Department of Planning and has been exhibited to the City Council." 3. Only to the extent applicable to the Modification Area, Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "The portion of the Modification Area shown on the Site Plan as 'Area to be Preserved' shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities as shown on the Site Plan." 4. New Proffer 10,which shall apply only to the Modification Area,is hereby added to the Original Proffers,and reads in its entirety as follows: "The existing trees and landscaping located within that area along Drakesmile Road shown in cross-hatching and labeled as "Existing 50' Vegetation Buffer to be Preserved" on the Site Plan, together with the existing trees and landscaping located within the areas along London Bridge Road shown in cross-hatching and labeled as "Existing 30' Vegetation Buffer to be Preserved" and "Existing 15' Vegetation Buffer to be Preserved" on the Site Plan, will be preserved during development of the Modification Area. Promptly after the completion of construction of the proposed improvements to be located within the Modification Area, Grantor will replant a fifteen foot (15') wide area labeled as "15' Re-Planting Area" on the Site Plan (the "Re-Planting Area") with vegetation consisting of similar species as those removed from such area during construction. Grantor will submit a landscape plan depicting the vegetation to be replanted within the Re-Planting Area for approval by the City landscape architect. To the extent that the plantings within the Re- Planting Area along exterior building walls facing London Bridge Road satisfy applicable foundation landscaping requirements contained in the City Zoning Ordinance, such plantings shall be considered sufficient to satisfy the foundation landscaping requirements contained in Proffer 3 of the Original Proffers." 5. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers (including Proffers Numbered 3, 5, 6, 7, 8 Page 2 41295117v9 • -1 and 9) shall remain unchanged and are incorporated herein by reference with respect to the Modification Area. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia,in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204,which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 41295117v9 a DAM NECK STORAGE LLC, a Virginia limited liability company By: 1 v "rl� Nam • .er o eP d 1'I� 11 Nr Title: ryrk,VN ci .° f STATE/COMMONWVALTH OF V, rci • n "0.. CITY/COUNTY OF V yq.v,i i w n e ,to-wit: The foregoing instrument was sw rn to and acknowledged before me this I ) day of :Icon , 202,, by ...It(re IA ,i ti i V , on behalf of Dam Neck Storage LLCrginia limited liability company. He/she is either personally known to me or has produced as identification. Witness. y,hand and official stamp or seal this t day of.Sirs ni ,2024. •`•*,ttt NASELL . 4r\14010NBOC ;�Z = v REG#M sON Q• Publi (SEAL) • E 'MY�XP�R S • 4 • My Coin ••• 413�1 tplike ,l atp 2O2 Registration i' l t''• 1 ' :3 q 1 Page 4 41295117v9 , EXHIBIT A Legal Description of Property ALL THAT certain lot, piece or parcel of land and the appurtenances thereto, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Parcel 1" on that certain plat entitled, "RESUBDIVISION OF A PORTION OF PARCEL 66-A & PARCEL 66-B, (M.B. 300, P. 68), VIRGINIA BEACH, VIRGINIA", dated March 23, 2006, prepared by NDI, L.L.C., Basgier and Associates Division, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060621000934250. TOGETHER WITH and SUBJECT TO those certain right, privileges and easement as contained in that certain Declaration of Easement and Maintenance Agreement for Private Drainage System and Private Sewer Force Main dated March 15, 2006 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060622000942310. Page 5 41295117v9 , • Exhibit B Description of Modification Area Commencing at a nail found located in an existing asphalt bike path; Said nail marking the northeast intersection of Dam Neck Road and Drakesmile Road; Said nail also having been described with a coordinate value in international feet and shown on instrument number 20060621000934250; Thence continuing along the eastern right-of-way line of Drakesmile Road the following courses and distances; N 19°20'55" W a distance of 28.09'to another nail found in the bikepath; thence N 11°25'08" E a distance of 44.66'to an iron pin found on the eastern edge of the bike path; thence continuing along the easetem edge of the bike path and along the eastern right-of-way line of Drakesmile Road with a curve turning to the left with an arc length of 574.08', with a radius of 1331.24', with a chord bearing of N 00°56'06" W, with a chord length of 569.64',to a concrete monument found- thence with a compound curve turning to the left with an arc length of 107.14' with a radius of 1499.07', with a chord bearing of N 15°20'12" W, with a chord length of 107.12',to a point; thence with a reverse curve turning to the right with an arc length of 11-0.78' with a radius of 1223.24', with a chord bearing of N 15°26'05" W, with a chord length of 110.74'ito a nail found on the eastern edge of the bike path; which is the True Point of Beginning. Thence continuing around the subject property in a clockwise direction the following courses and distances; N 11°41'19" W a distance of 49.09'to a point; thence N 24°51'59" E a distance of 206.23'to apoint• thence N 26°36'59" E a distance of 76.56'to a point; thence N 30°30'15" E a distance of 87.81'to a point; thence N 34°34'34" E a distance of 101.68'to a point; thence N 43°18'59" E a distance of 89.77'to an iron pin found on the southern right-of-way of London Bridge Road; thence along the southern right-of-way of London Bridge Road with a non-radial curve turning to the left with an arc length of 223.27' with a radius of 897.30', with a chord bearing of S 46°59'40" E,with a chord length of 222.69?,to an iron pin found; thence S 54°07'22" E a distance of 405.46'to a point located on the southern right-of-way of London Bridge Road; thence turning into the subI'subject property S 35°50'13" W a distance of 110.93'to a point; thence 54°02'13" W a distance of135.12'to a point• thence S 87°38'33" W a distance of 41.82'to appoint; thence S 28°35'58" W a distance of 361.63;to a point located on the property line between Parcel 1 and Parcel 2 as shown on instrument number 20060621000934250;thence N 61°24'02" W a distance of 521.71'to a nail found on the eastern edge of the bike path running along Drakesmile Road; said point also being the True Point of Ending, Said parcel having an area of 310,911 square feet or 7.137 acres. Page 6 41295117v9 Items # 6-7 Dam Neck Storage,LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) Modification of Proffers (Mini-Warehouse) 1441 London Bridge Road March 10, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you. We are unaware of any items to be withdrawn, there are no items to be withdrawn. So, now we will move on to the Consent Agenda and our Vice Chair Wall will take that over. Thank you. Mr. Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and they are no speaker signed up in opposition. We have five items on the Consent Agenda today. The first item is agenda item number one, City of Virginia Beach resolution to schedule monthly meetings at the Planning Commission of the City of Virginia Beach for April 2021 to December 2021. Can someone from City Staff please speak on this. Mr. Dao: This is a Resolution to adopt a date of the Planning Commission for the year of 2021, basically from April 2021 to December of 2021. Mr. Wall: Thank you. Is there any opposition for this item being placed on the Consent Agenda. Hearing none, so, moving on to agenda item number three, Presmont Construction Services, an application for Conditional Use Permit for Automobile Service Station. Is there a representative for this item. Mr. Beaman: Yes, thank you Mr. Vice Chair, Mr. Chair, and Members of the Commission for the record, my name is Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions, they are acceptable and we certainly appreciate being on consent today. Thank you. Mr. Wall: Thank you. Is there any opposition for this agenda item being placed on the Consent Agenda. Hearing none, Mr. Redmond has been asked to read this item into the record. Mr. Redmond:Thank you Mr. Vice Chairman and Mr. Chairman. This is an application for a Conditional Use Permit for an automobile service station. Specifically, it is a convenience store with eight gas pumps at the corner of Pleasure House Road and Shore Drive, in the Bayside District in Northwest Virginia Beach. The site is zoned B-2 community business district, so, it is quite appropriate for this kind of business. It is a 35,000 square foot site, so, just under an acre. The applicant seeks to redevelop the site with a 4000 square foot convenience store and eight fuel pumps as I said if anybody is familiar with this neck of the woods, this site has 1 been an eyesore for about two decades. The design that the applicant has provided is of a coastal style, which is quite attractive for this kind of product and it has a very nice mix of materials. The landscaping plan is quite attractive, it includes some site improvements including sidewalks around both sides of the property, there is one that exists on Shore Drive, but that will be improved as well. There is really nothing not to like about this application. There is no opposition, the Staff has recommended approval and the Commission concurs by consent. Thank you, Mr. Chairman. Mr. Wall: Thank you, Mr. Redmond. The next agenda item is agenda item number four Grace Bible Church of Virginia Beach Incorporated. This is a Modification of Conditions for Religious Use. Is there a representative for this item? Please state your name for the record. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing Grace Bible Church on this application. All of the eight conditions as recommended by Staff are certainly acceptable. We appreciate all of staffs work on this. There was a gentleman now who was here, who is an adjoining property owner he was here to speak in favor of, I think he may still be here, but he was in favor of the application I advised him is on the Consent Agenda. He did not need to speak in his view. I understand, this morning I was here for the informal that some of you all had some questions and I am more than happy to try to address or answer them if you, if they were not answered satisfactorily to any of you or give you little bit of background if that is what the Commission desires, but otherwise we appreciate being on consent. Mr. Wall: Okay, thank you. Mr. Horsley has been asked to read this agenda item into the record. Mr. Horsley: Thank you, Mr. Wall. Back in 2017, a Conditional Use Permit was approved on this piece of property just shy of 14 acres and had six conditions, condition five stated that the parking lot must be at the current grade of the adjoining property. And, at this time, the applicant is requesting modification of the conditions to allow changes to the design and changes to the Stormwater Strategy Conceptual Plan. And, in doing this, the water drainage will change direction it is going to be going towards London Bridge Road. But, the property is somewhat lower than it needs to be to drain like it should be. So, three to four feet of field needs to be put in the property to raise it up and then the stormwater management facilities will work as is supposed to. I think this will be a big benefit for the surrounding community, the understanding the residential people in the close by will appreciate this and it will overall help with our drainage also. So, in staffs opinion, this was a good application and they deemed it acceptable. We had nobody in opposition to it, so, we put it on the Consent Agenda. Mr. Bourdon had said if anybody had any questions he will be glad to answer them, but I think everybody must have gotten satisfied with the questions this morning. Thank you. Ms. Wilson: Mr. Inman, do you have a disclosure to make. 2 Mr. Inman: Yes, I do. I have a disclosure to make and that I am on the Advisory Board of Townebank. Townebank appears to have financing on this particular property, and I do not have a position where I make decisions on loans, and I will be voting on this matter. Mr. Wall: Okay, thank you. The next agenda items are agenda items number six and seven. Dam Neck Storage, LLC, Conditional Use Permit for Bulk Storage Yard and Modification of Proffers for Mini Warehouse and this includes with amended condition number two. Do we have a representative to speak on this item. Mr. Beaman: Yes, sir. Thank you, Mr. Vice Chair, Mr. Chair, and Members of the Commission again for the record Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions with the correction and Mr. Wall noted, they are acceptable and we certainly appreciate being on the Consent Agenda. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, Ms. Klein has been asked to read this application into the record. Mr. Klein: Thank you, Mr. Wall. This property was rezoned from AG1 and 2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005, for office warehouse and storage uses. The southern parcel is developed with self-storage, the eastern half of the site is developed with office warehouse and bulk storage, and the applicant seeks to expand the office warehouse and bulk storage yard uses onto the remaining western half of the site. The applicant seeks a Conditional Use Permit for a bulk storage yard and a Modification of Proffers request to amend proffers one, two, and four that were associated with the rezoning of the property in 2005, except for those proffers, the remaining proffers associated with the 2005 rezoning remain in effect. The proposal includes four buildings with an eight foot tall privacy and chain link fence and extensive vegetation buffer, exceeds the parking requirements by 22 spaces, there is no additional driveway or access proposed. And, as it falls into within the Navy restrictive easements, the Navy reviewed the proposal and has no objection. Mr. Wall: Thank you. That was the last item on the Regular Consent Agenda. Mr. Weiner: Yes, madam my turn. Yes, I am making a disclosure regarding this decision items number six and seven, I will be not voting on address a 1441 London Bridge Road, the applicant is a client of mine. The client is Dam Neck Storage, LLC. Ms. Wilson: No, do you work for Batchelder and Collins. Mr. Weiner: I work for Batchelder and Collins at 2305 Granby Street in Norfolk, Virginia. Ms. Wilson: Thank you. Within 24 hours a written letter of abstention will be provided to the Planning Department. 3 Mr. Weiner: Thank you. Mr. Wall: Okay, thank you. So, that was the last item on the Regular Consent Agenda. The Planning Commission also replaces the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition. These applications are number 10 and number 12. Okay, I make a motion that we approve agenda items number 1, 3, 4, 6, and 7. And, for the Short-Term Rentals agenda items number 10 and 12. Mr. Weiner: We have a motion for approval. Do we have a second. Ms. Klein: I will second. Mr. Weiner: Okay, we have a motion by Mr. Wall and a second by Ms. Klein. Ms. Wilson: Mr. Redmond, there are two Short-Term Rentals on here you need to make your disclosure. Mr. Redmond: Sure, I was going to wait until we had the hearing, but it seems like it is more appropriate time. I am abstaining on not just these two items that are on our Consent Agenda, but on every short-term rental application going forward, as well as on our consideration of the new ordinance. I have a small client in the travel business called Expedia Cruises, which I guess you are going to ask me to read these addresses. Expedia Cruises is a travel agency specializing in cruises. So, if you wanted to go to Cancun you could walk into a physical location which is what I am helping them to find and book a cruise. They are located at 1066 West Hastings Street, number 900 Vancouver, British Columbia V6E 3X1, Canada, and my involvement is through my commercial real estate work with my employer Divaris Real Estate Inc. at 4525 Main Street, Suite 900, Virginia Beach, Virginia 23462. I do a small amount of work for this cruise company, they are part of a much larger company called Expedia Group, which also owns I came to learn a couple weeks ago for the first time, which also owns a couple of online booking sites VRBO and HomeAway, and therefore I have concluded that it would be inappropriate for me to participate, not just in the ordinance but in any of the short- term rental applications, going forward so when we get to that point and the Commission starts those considerations I will take my leave and leave them to do their work on their own. Is there anything else you would like me to say, Ms. Wilson. That is the last time I will make that explanation other than to say, I have on file with the Planning Department a letter that explains my recusal from this part of our body of work. Good. Alright. Thank you, Mr. Chairman. Mr. Weiner: We had a motion by Mr. Wall a second by Ms. Klein for the Consent Agenda, we ready to vote. Ms. Sandloop:Okay, Mr. Alcaraz. 4 Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond. Mr. Redmond:Aye, with the stipulation that I am particularly recusing myself on the items with regard to short-term rental. Thank you. Ms. Sandloop:Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By a recorded vote of nine in favor and zero against with modifications to agenda items 1, 3, 4, 6, and 7, with modifications to agenda item six related to fencing short-term rental agenda items 10 and 12 have been approved nine in favor and zero against with Mr. Redmond abstaining from items 10 and 12 and Chairman Weiner abstaining from items six and seven. AYE 8 NAY 0 ABS1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE 5 Oliver AYE Redmond AYE Wall AYE Weiner ABSTAIN CONDITIONS 1. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fourteen (14) feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 2. The material of the solid fence depicted on the Site Plan shall be vinyl or other similar maintenance free material. When the site is being developed, it shall be in substantial conformance to the site layout entitled `PRELIMINARY LANDSCAPING PLAN FOR VECTOR PARK, PHASE III, prepared by NDI Engineering Company, dated January 31, 2020 which has been exhibited to the City Council and is on file in the Planning Department. This include a deviation to the Category VI screening around the perimeter of the bulk storage yard as follows. The fence along the eastern boundary may be chain link and plant material is not required along this portion of the fence; no plant material is required along the southern portion of the solid privacy fence. This is a deviation to the landscaping and fencing required by the Zoning Ordinance. 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. 6 96 hi'i -,,,,-- --ii ---- --it MI r.,i, it 4 al ,_ a�-- Ni !Q P_Ti!esisafP4:1311 i M _� I ./ .��. AN jin,/ 0 ----_ , �' I I C3 p o C� IN ram O �, M Q •. 1�/` / (1 �, \ I Q ig; I i 1-it-'_,:*,77,,t,' -L, r::„ � . o F;♦ / i P ed;� � JI 0 o.0 /A OA CV 1 ` --_S - I o it 1 ■ t14 1 b V r - a N a ��. J o w Fit (-= ;8:Iiii 1 cl CO NI i CL.f /I v' cn y , t --G./`, r� !A Pik* /' , /1I7 ? / i Li ) ,/ j , ' > CON ti \44 CA .17 / i . N _ C CI o a, a ,i(1 J I _ Cl) )l �N 1.i � , u) a �� P:_' C3 tDrIll":l iir. 11/41/4 �� ttI/ i 1 p�°-al a _ _ c� a� 7' Q °N�ar m ' > �nsea0 1r 'i d E a) 0 Ga0 i V j /'� ° o il- �c v 0 J N p.,.., iv 1° U) r wI/ , , � C .L a .. . aa/►i - o a) rii -t _I��i C� C� I , PI 4 20 (Q Cl)cja 0_ N CO O_ r N L, _ 7 / EliI\E' cc 'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRESMONT CONSTRUCTION SERVICES, LLC [Applicant] KS SHORE, LLC [Property Owner] Conditional Use Permit (Automobile Service Station) for the property located at 4769 Shore Drive (GPIN 1479473214). COUNCIL DISTRICT — BAYSIDE MEETING DATE: April 20, 2021 • Background: The applicant is requesting to redevelop the 35,000 square foot site along Shore Drive with a 4,000 square foot convenience store (7-Eleven) and eight fuel pumps. The fuel sales requires a Conditional Use Permit for an Automobile Service Station. The proposed convenience store features coastal-style architecture with exterior building materials of fiber cement lap and shake siding, brick veneer and a standing seam metal roof. The fuel canopy and dumpster enclosure match the architectural materials of the convenience store. A 12-foot wide right-of-way dedication is proposed along Pleasure House Road to include a new five-foot sidewalk. The existing sidewalk along Shore Drive will be redeveloped to also be five feet wide. The 28 parking spaces depicted on the concept plan exceed the minimum parking requirement by seven spaces. Considerations: In Staff's view and the Planning Commission agreed, the request is consistent with the recommendations of the Comprehensive Plan that identify the Shore Drive Corridor as primarily a residential neighborhood area with commercial uses to support the residents. The Plan recommends the reuse and revitalization of existing commercial properties and preservation and protection of the character of established neighborhoods. The convenience store and fuel stations offer the surrounding community a necessary service within a coastal-style building in keeping with the character of the Bayfront area and designed with the elements of the Shore Drive Design Guidelines. Specific guidelines being met with this proposal include the use of neutral colors, high-quality architectural style and building materials that are compatible with the character of the community. Two of the four ingress/egress points will be closed thereby decreasing vehicular conflict points. The property was formerly a fuel sales operation for several decades. There are no residentially-zoned properties or uses adjacent to the site. Presmont Construction Services, LLC Page 2 of 3 Traffic Engineering Staff will review the intersection and signalization in more detail during final site plan review to determine if changes need to be made. Such changes may include restricting the left turn from southbound Pleasure House Road into the site if it's determined that traffic on northbound Pleasure House Road may regularly block the proposed access point. The Bayfront Advisory Commission was provided a briefing by the applicant. Similar to comments made by Staff to the applicant, the BAC recommended alterations to the exterior building materials and design were made to address recommended design guidelines for the Shore Drive corridor. Based on these changes the BAC noted support. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On March 10, 2021 , the Planning Commission placed this application on the consent agenda, passing a motion to recommend approval of this request by a vote of 9-0. 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CUP CONCEPT PLAN," dated 10-05-20 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Landscape Plan," dated 01-30-19 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," dated 01/18/2021 and prepared by Buf STUDIO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The freestanding sign shall be monument style set on a brick base matching the building, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument," dated January 14, 2021 and prepared by Cummings, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Presmont Construction Services, LLC Page 3of3 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base matching the building, as noted in Condition 4 and two (2) building and/or canopy signs. Signage on the canopy shall not be internally or externally illuminated. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All vacuum air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. • Attachments: Staff Report & Disclosure Statements Location Map Minutes of Planning Commission Public Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: p0 ABApplicant Presmont Construction Services, LLC Agenda Item Property Owner KS Shore, LLC Planning Commission Public Hearing March 10, 2021 City Council Election District Bayside 3 Virginia Beach Request Conditional Use Permit (Automobile Service Station) 3rh Slr�, • Staffiii- Recommendation �Phrb,ou rn La —"o,y :_ Approval so Q i h a A Staff Planner a c, - - Salo Coto* °rr Jonathan Sanders i c,aa t earowne, ad' j - p'- I4769 Shore Drive \ 0-*"Th, • + GPIN •J j c, 1479473214R �'�~ Site Size A ' Deo"°'d m ef 35,235 square feet A 0 R AICUZ 1 ‘r0 /Tr—�- FlrslCoun Road Less than 65 dB DNL ie c r , 1 Church PUcc Watershed - Chesapeake Bay ExistingLand Use and ZoningDistrict a f p ► 3 . 0,.. � a Undeveloped lot/B-2 Community Business ,� Y. a : 4 .'N . IT • -7 . 0,,5 ��'r %n' Surrounding Land Uses and Zoning Districts - `` _- .. K iy ti,", " r NUJ - . 4ti, North - . ',�#We'•:' Shore Drive R r . Shore chi. Retail/ B-2 Community Business r ' r I -_�_ r South r= ""�A �rt" �� * ' Mixed retail/ B 2 Community Business ? `� rr 4;"� r East j a° 1 1 Restaurant/ B-2 Community Business 7 '` West $ " " `; . Pleasure House Road a ,_ ' 41* • s Y Shopping Center/B-2 Community Business ,+* •'4,44,4,ii 'p•-• tit, -. '__ity Presmont Construction Services, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The subject site is zoned B-2 Community Business and is located within the Shore Drive Corridor in the Bayside District. The 35,235 square foot site is currently undeveloped. A previous gas station was on the site and a Conditional Use Permit for Gasoline Supply Station was approved on November 25, 1968. • The applicant seeks to redevelop the site with a 4,088-square foot, 24-hour/seven days per week convenience store with eight fuel pump stations.The fuel sales require a Conditional Use Permit for an Automobile Service Station. • A 12-foot right-of-way dedication is proposed along Pleasure House Road. Pedestrian connectivity is currently provided on Shore Drive. However, the sidewalk will be redeveloped with a new five-foot sidewalk and a five-foot sidewalk is proposed along Pleasure House Road. • The proposed convenience store features coastal-style architecture with exterior building materials of fiber cement lap and shake siding, brick veneer and a standing seam metal roof. The fuel canopy and dumpster enclosure match the architectural materials of the convenience store building. • The submitted landscape layout depicts plantings along Pleasure House Road, Shore Drive, and within the parking lot. The landscaping will be reviewed in more detail at final site plan review. • An eight-foot tall, monument-style freestanding sign that will match the existing building's materials is proposed near the intersection of Shore Drive and Pleasure House Road. • Per Section 203 of the Zoning Ordinance, 21 parking spaces are required for the proposed use.The submitted layout shows 28 parking spaces, exceeding the parking requirement by seven. • The proposed redevelopment of the property includes a reduction in the number of entrances along Shore Drive and Pleasure House Road from four to two. R 1D a, 2 NI --- r t„ , Rq0 :oitzz, 1! :3 — / $2 -----y-__ --V__ ` Zoning History /� Blois•,,,,. # Request i.l -- % ' -- 1 CUP(Gasoline Sales)Approved 03/14/2000 mad../ .. 2 CRZ(R-5R to Conditional A-24)Approved 11/09/2004 B.2 d 3 CUP(Motor Vehicle Sales)Approved 02/25/2003 - 4 CUP(Gasoline Supply Station)Approved 11/25/1968 �' ( I Cr,. nif -- vicec. NC r . I Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Presmont Construction Services, LLC Agenda Item 3 Page 2 Evaluation & Recommendation Staff finds the proposal to construct a convenience store with eight fuel pump stations to be acceptable. The request is consistent with the recommendations of the Comprehensive Plan that identify the Shore Drive Corridor as primarily a residential neighborhood area with commercial uses to support the residents. The Plan recommends the reuse and revitalization of existing commercial properties and preserve and protect the character of established neighborhoods. The convenience store and fuel stations offer the surrounding community a necessary service within a coastal-style building in keeping with the character of the Bayfront area and designed with the elements of the Shore Drive Design Guidelines. Specific guidelines being met with this proposal include the use of neutral colors, high-quality architectural style and building materials that are compatible with the character of the community. The Bayfront Advisory Commission (BAC) reviewed the application and recommended design changes to the building to incorporate the Shore Drive Design Guidelines using high-quality coastal design features such as a standing seam metal roof, hipped and gable roofs, shake siding and high quality materials. The applicant worked diligently with the BAC to improve the original design submission and achieve a design that is compatible with the plan and design guidelines of the corridor. The BAC reviewed the building's design revisions and is supportive of the request. During final site plan review,Traffic Engineering Staff will review the intersection and signalization in more detail and changes may need to be made. Such changes may include restricting the left turn from southbound Pleasure House Road into the site if traffic on northbound Pleasure House Road queued from the Shore Drive traffic signal regularly blocks the proposed access point and causes left turning site traffic to queue into the Shore Drive intersection. Based on the considerations above,Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CUP CONCEPT PLAN," dated 10-05-20 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Landscape Plan," dated 01-30-19 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," dated 01/18/2021 and prepared by Buf STUDIO,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The freestanding sign shall be monument style set on a brick base matching the building, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument," dated January 14, 2021 and prepared by Cummings,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 5. Signage for the site shall be limited to: a. Directional signs. Presmont Construction Services, LLC Agenda Item 3 Page 3 b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set on a brick base matching the building, as noted in Condition 4 and two (2) building and/or canopy signs. Signage on the canopy shall not be internally or externally illuminated. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All vacuum air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges.The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Presmont Construction Services, LLC Agenda Item 3 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 20,700 ADT1 32,700 ADT (LOS 4"D") Existing Land Use 2-445 ADT 1 1 4„ Proposed Land Use 3-1,840 ADT Pleasure House Road 10,400 ADT 12,500 ADT (LOS D") 'Average Daily Trips 2 as defined by a 35,235 square 3 as defined by a convenience store 4 LOS=Level of Service foot lot zoned B-2 with eight fuel positions • Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane divided facility within a 150-foot right-of-way. Pleasure House Road in the vicinity of this application is considered a two-lane undivided collector street. The Pleasure House Road Street Improvements Phase I project is currently in the CIP with a scheduled construction start date of July 2025 and completion date of June 2026. This project will provide street and safety improvements along Pleasure House Road from Shore Drive to Northampton Boulevard. Improvements will include new curb and gutter, drainage improvements, bike accommodations and a new five-foot sidewalk along Pleasure House Road. A second roadway CIP project is slated for this area. Shore Drive Corridor Improvements - Phase II (CIP 2-116)will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersection at Pleasure House Road and at Greenwell Road. This project is currently on the City's Requested But Not Funded Project Listing. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water transmission main along Shore Drive. There is an existing 12-inch City water main along Pleasure House Road. Sewer The site must connect to City sanitary sewer. There are existing eight-inch and 10-inch City sanitary sewer gravity mains along Shore Drive. There is an existing 24-inch HRSD force main along Shore Drive. There are existing eight-inch and 10- inch City sanitary sewer gravity mains along Pleasure House Road. Public Outreach Information Planning Commission • The applicant presented the proposal to the Bayfront Advisory Commission (BAC) on November 19, 2020 and January 21, 2021. No objections to the application were noted by the BAC at their January meeting. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021 and February 28, 2021. Presmont Construction Services, LLC Agenda Item 3 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 4, 2021 and April 11, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 5, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 16, 2021. Presmont Construction Services, LLC Agenda Item 3 Page 6 Proposed Site Layout µ.b, 4 ,..L4 73' �. I MIOPOtSED 1 STINT WICK 40,8 SOFT .r� t — ' a .r- I \ .f 9 1 4 ^ - 1 6 ' 6 C a O O a E t Q = = �J 4J a a c a a o -_- r; k'.,-- . 1 — "i i �/ 7-' I _ c r-.:nar a>tt Presmont Construction Services, LLC Agenda Item 3 Page 7 Proposed Landscape Layout __ ..".---...,,,.--- 0 \ \ •...) cp *.....1"-"46Q- sta--- — • - : *4.\---- -..-..;,,r,...gia."''' \ .\\\\\s,,__ it, —-.0r1 — ----\ 4 V °-,," 73, •- "'4.‘...•0, ler,-....4 t 11, VS41 I.. I l'= • ' ' ,41 q _ i4 \r--- . 04.: , o• „, ------ s0.1. v.,,. , PROPOSED I STORY 7-EIENET4 STCRE ,J \ ' cf '_---- \ \ • O APPRDX 4,0133 SO.F I i I \ 1 • \i g \ ' ° 11. ..... • „. _ :-1 w.. ...... .am 2 .......taIMMY \ 1 1.1111 1 g 1 0.6,1 / ....., '4 i.....1. 11,:ey, tit ir.;.. .I /.. (t '",- litili• •• —leil t,1 I V*.' , 1.,1 El:1 7•71/1 W. 4;iitri.,;).1, irt. 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OAS MICE/L MOM)FACER W/RBTAIMCRR b'THICK PAN FORMED CLEAR POLY FACES DIGI SPRA"EO PIS ME R£O THEN IRIS WWII WI IN maul GREEN —5 I RMSI L17NT,ANYI.&FM 771141 BUCK VINYL TRIM&MOI:NDLED WINDOW APPI.IFS WC[A11 BLIRFA^E 7 1NREY RETMYEfi1101E 1,110f)DN HDTV GN1ES Of CABINET CD In fE4EP Er NUOED ALUM.CABINET WI rRISE7 HINGED WE'NNERSTONE ILAN71:U DURANOOIC WNONCL:RIME'Met N I%A Y I 1 l WU:ICE:r'.V1 fit I C US 3 ,ROYEIE CI:5'01JEIt W/FRIO&VISION ir DIGIT RICA OWEN LED MOILS CS O 'BRAM I=I `OVEN Al UM.SKIN A FRANE BASE.001471D OURANODIC NRON[L = ILLi0LN VINVLIP1-CE 1M111S4AOMNOE,FM MMA/WA II Mill OREEN.M T720,/11UOA 74ALYLN PANT&PLCR PROMO WO$POW WIPTEMIME Tr O MOM:VERTICAL STEEL SUPPORT E FOOTING 10&E I O/17O AY ENGINEERING I PR OVUM&V INSTAL_EK EE MI IWE '+I +,x MOTE.MONL WE`RICH CABINET TO NAVE Al LEA97 I'SA SPACE BELOW GASNETF ON VENUE ARRON OAR. I'S .[D LCPAE MKI E11[ 1-+r S.N-r F 4*&MRanW Mit011 MOM MNNIMAI REP. 11 tYM0 u ,+ — .�_... leo,Y\ F woga N CI HA C r-3 .-H 0 D M Do N rD (D -0 CU n. 0, 7 rD al r— I-, 1— IV W (") Site Photos Ilk 7 . v _ _ �_ \ 1(. ........4mbiiii y I`: a % J -. � 1 I Y� f' - •.` � 'Y` .451 i�i:N7• -T —-�— - _— -. _ ..-__ - _.-4 Presmont Construction Services, LLC Agenda Item 3 Page 13 Site Photos • Presmont Construction Services, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Presmont Construction Services LLC Does the applicant have a representative? I Yes 0 No • I'yes,list the name of the representative, Troutman Pepper LLP.Robert P Beaman III,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I■1 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Matthew McConnell,Michael Montgomery • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Presmont LLC is the parent company of Presmont Construction Services "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101- "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 4 2.2-3101. • 11 Presmont Construction Services, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement V33 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes El No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes fE No • if yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?M Yes J No • If yes,identify the firm and individual providing the service Buf Studio;Christophe Bouteille; Cummings Resources, LLC (Victoria Cox) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • if yes,identify the purchaser and purchaser's service providers. 2 Presmont Construction Services, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement Af3 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?D Yes X No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑No • If yes,identify the firm and individual providing the service. Blakeway Corporation;Gary Franks 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Troutman Pepper LLP•Robert P.Beaman Ill,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I are responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Matthew McConnell-Chief Operating Officer Print Name and Title 1/7/2021 Date Is the applicant also the owner of the subject property? ❑Yes it No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® Nochary..ol :. Date 04.08.2021 Signature Print"'me Hoa N. Dao 31 Presmont Construction Services, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement ,JJ Planning&Community Development Owner Disclosure Owner Name KS Shore LLC Applicant Name Presmont Construction Services LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?II Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Alex and O.Pete Kotarides and Sons LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? s"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. "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 total Government Conflict of Interests Act,Va. Code§2.2-3101. Revised q 5 Presmont Construction Services, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement Atir3 Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? D Yes I No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ANo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • If yes,identify the firm and individual providing the service. BDO USA,LLP 4. Does the Owner have services from an architect/landscape architect/land planner provioed in connection witn the subject of the application or any business operating or to be operated on the property?D Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • if yes,identify the purchaser aro purchaser's service providers. 6 Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 1 Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,P.C. 6I Presmont Construction Services, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Chwn ure des, r a� Print Name and Title Date 7 � Presmont Construction Services, LLC Agenda Item 3 Page 20 Disclosure Statement DISCLOSURE STATEMENT—ATTACHMENT TO PAGE 5 KS SHORE LLC Sole Member: - Alex and O.Pete Kotarides and Sons LLC Members: - Pete Alex Kotarides and Petro A.Kotarides,Co-Trustees of the Alex Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - O.Pete Kotarides,Trustee of the O.Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - Pete A.Kotarides - Pete 0.Kotarides - Petro A.Kotarides - Basil 0.Kotarides Managers: - 0.Pete Kotarides - Pete A.Kotarides - Pete 0.Kotarides - Petro A.Kotarides - Basil O.Kotarides Managers: - O.Pete Kotarides - Pete A.Kotarides - Pete 0.Kotarides - Petro A.Kotarides - Basil O.Kotarides Presmont Construction Services, LLC Agenda Item 3 Page 21 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. Presmont Construction Services, LLC Agenda Item 3 Page 22 Item # 3 Presmont Construction Services, LLC [Applicant] KS Shore LLC [Property Owner] Conditional Use Permit (Automobile Service Station) 4769 Shore Drive March 10, 2021 RECOMMENDED FOR APPROVAL —CONSENT Mr. Weiner: Thank you. We are unaware of any items to be withdrawn, there are no items to be withdrawn. So, now we will move on to the Consent Agenda and our Vice Chair Wall will take that over. Thank you. Mr. Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and they are no speakers signed up in opposition. We have five items on the Consent Agenda today. The first item is agenda item number one, City of Virginia Beach resolution to schedule monthly meetings at the Planning Commission of the City of Virginia Beach for April 2021 to December 2021. Can someone from City Staff please speak on this. Mr. Dao: This is a Resolution to adopt a date of the Planning Commission for the year of 2021, basically from April 2021 to December of 2021. Mr. Wall: Thank you. Is there any opposition for this item being placed on the Consent Agenda. Hearing none, so, moving on to agenda item number three, Presmont Construction Services, an application for Conditional Use Permit for Automobile Service Station. Is there a representative for this item? Mr. Beaman: Yes, thank you Mr. Vice Chair, Mr. Chair, and Members of the Commission for the record, my name is Rob Beaman, a local land use attorney with the Troutman Pepper Law Firm. We have read the conditions, they are acceptable and we certainly appreciate being on consent today. Thank you. Mr. Wall: Thank you. Is there any opposition for this agenda item being placed on the Consent Agenda. Hearing none, Mr. Redmond has been asked to read this item into the record. Mr. Redmond: Thank you Mr. Vice Chairman and Mr. Chairman. This is an application for a Conditional Use Permit for an automobile service station. Specifically, it is a convenience store with eight gas pumps at the corner of Pleasure House Road and Shore Drive, in the Bayside District in the Northwest of Virginia Beach. The site is zoned B-2 Community Business District, so, it is quite appropriate for this kind of business. It is a 35,000 square foot site, so, just under an acre. The applicant seeks to redevelop the site with a 4000 square foot convenience store and eight fuel pumps as I said if anybody is familiar with this neck of the woods, this site has been an eyesore for about two decades. The design that the applicant 1 has provided is of a coastal style, which is quite attractive for this kind of product and it has a very nice mix of materials. The landscaping plan is quite attractive, it includes some site improvements including sidewalks around both sides of the property, there is one that exists on Shore Drive, but that will be improved as well. There is really nothing not to like about this application. There is no opposition. Staff has recommended approval and the Commission concurs by consent. Thank you, Mr. Chairman. Mr. Wall: Thank you, Mr. Redmond. The next agenda item is agenda item number four Grace Bible Church of Virginia Beach Incorporated. This is a Modification of Conditions for Religious Use. Is there a representative for this item? Please state your name for the record. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing Grace Bible Church on this application. All of the eight conditions as recommended by Staff are certainly acceptable. We appreciate all of staff's work on this. There was a gentleman now who was here, who is an adjoining property owner he was here to speak in favor of, I think he may still be here, but he was in favor of the application I advised him is on the Consent Agenda. He did not need to speak in his view. I understand, this morning I was here for the informal that some of you all had some questions and I am more than happy to try to address or answer them if you, if they were not answered satisfactorily to any of you or give you little bit of background if that is what the Commission desires, but otherwise we appreciate being on consent. Mr. Wall: Okay, thank you. Mr. Horsley has been asked to read this agenda item into the record. Mr. Horsley: Thank you, Mr. Wall. Back in 2017, a Conditional Use Permit was approved on this piece of property just shy of 14 acres and had six conditions, condition five stated that the parking lot must be at the current grade of the adjoining property. And, at this time, the applicant is requesting modification of the conditions to allow changes to the design and changes to the Stormwater Strategy Conceptual Plan. And, in doing this, the water drainage will change direction it is going to be going towards London Bridge Road. But, the property is somewhat lower than it needs to be to drain like it should be. So, three to four feet of field needs to be put in the property to raise it up and then the stormwater management facilities will work as is supposed to. I think this will be a big benefit for the surrounding community, the understanding the residential people in the close by will appreciate this and it will overall help with our drainage also. So, in staff's opinion, this was a good application and they deemed it acceptable. We had nobody in opposition to it, so, we put it on the Consent Agenda. Mr. Bourdon had said if anybody had any questions he will be glad to answer them, but I think everybody must have gotten satisfied with the questions this morning. Thank you. Ms. Wilson: Mr. Inman, do you have a disclosure to make. 2 Mr. Inman: Yes, I do. I have a disclosure to make and that I am on the Advisory Board of Townebank. Townebank appears to have financing on this particular property, and I do not have a position where I make decisions on loans, and I will be voting on this matter. Mr. Wall: Okay, thank you. The next agenda items are agenda items number six and seven. Dam Neck Storage, LLC, Conditional Use Permit for Bulk Storage Yard and Modification of Proffers for Mini Warehouse and this includes with amended condition number two. Do we have a representative to speak on this item? Mr. Beaman: Yes, sir. Thank you, Mr. Vice Chair, Mr. Chair, and Members of the Commission again for the record Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions with the correction and Mr. Wall noted, they are acceptable and we certainly appreciate being on the Consent Agenda. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, Ms. Klein has been asked to read this application into the record. Ms. Klein: Thank you, Mr. Wall. This property was rezoned from AG1 and 2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005, for office warehouse and storage uses. The southern parcel is developed with self-storage, the eastern half of the site is developed with office warehouse and bulk storage, and the applicant seeks to expand the office warehouse and bulk storage yard uses onto the remaining western half of the site. The applicant seeks a Conditional Use Permit for a Bulk Storage Yard and a Modification of Proffers request to amend proffers one, two, and four that were associated with the rezoning of the property in 2005, except for those proffers, the remaining proffers associated with the 2005 rezoning remain in effect. The proposal includes four buildings with an eight foot tall privacy and chain link fence and extensive vegetation buffer, exceeds the parking requirements by 22 spaces, there is no additional driveway or access proposed. And, as it falls into within the Navy restrictive easements, the Navy reviewed the proposal and has no objection. Mr. Wall: Thank you. That was the last item on the Regular Consent Agenda. Mr. Weiner: Yes, madam my turn. Yes, I am making a disclosure regarding this decision items number six and seven, I will be not voting on address a 1441 London Bridge Road, the applicant is a client of mine. The client is Dam Neck Storage, LLC. Ms. Wilson: No, do you work for Batchelder and Collins. Mr. Weiner: I work for Batchelder and Collins at 2305 Granby Street in Norfolk, Virginia. Ms. Wilson: Thank you. Within 24 hours a written letter of abstention will be provided to the Planning Department. 3 Mr. Weiner: Thank you. Mr. Wall: Okay, thank you. So, that was the last item on the Regular Consent Agenda. The Planning Commission also replaces the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition. These applications are number 10 and number 12. Okay, I make a motion that we approve agenda items number 1, 3, 4, 6, and 7. And, for the Short-Term Rentals agenda items number 10 and 12. Mr. Weiner: We have a motion for approval. Do we have a second. Ms. Klein: I will second. Mr. Weiner: Okay, we have a motion by Mr. Wall and a second by Ms. Klein. Ms. Wilson: Mr. Redmond, there are two Short-Term Rentals on here you need to make your disclosure. Mr. Redmond: Sure, I was going to wait until we had the hearing, but it seems like it is more appropriate time. I am abstaining on not just these two items that are on our Consent Agenda, but on every short-term rental application going forward, as well as on our consideration of the new ordinance. I have a small client in the travel business called Expedia Cruises, which I guess you are going to ask me to read these addresses. Expedia Cruises is a travel agency specializing in cruises. So, if you wanted to go to Cancun you could walk into a physical location which is what I am helping them to find and book a cruise. They are located at 1066 West Hastings Street, number 900 Vancouver, British Columbia V6E 3X1, Canada, and my involvement is through my commercial real estate work with my employer Divaris Real Estate Inc. at 4525 Main Street, Suite 900, Virginia Beach, Virginia 23462. I do a small amount of work for this cruise company, they are part of a much larger company called Expedia Group, which also owns I came to learn a couple weeks ago for the first time, which also owns a couple of online booking sites VRBO and HomeAway, and therefore I have concluded that it would be inappropriate for me to participate, not just in the ordinance but in any of the short- term rental applications, going forward so when we get to that point and the Commission starts those considerations I will take my leave and leave them to do their work on their own. Is there anything else you would like me to say, Ms. Wilson. That is the last time I will make that explanation other than to say, I have on file with the Planning Department a letter that explains my recusal from this part of our body of work. Good. Alright. Thank you, Mr. Chairman. Mr. Weiner: We had a motion by Mr. Wall a second by Ms. Klein for the Consent Agenda, we ready to vote. Ms. Sandloop:Okay, Mr. Alcaraz. 4 Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond. Mr. Redmond:Aye, with the stipulation that I am particularly recusing myself on the items with regard to short-term rental. Thank you. Ms. Sandloop:Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By a recorded vote of nine in favor and zero against with modifications to agenda items 1, 3, 4, 6, and 7, with modifications to agenda item six related to fencing short-term rental agenda items 10 and 12 have been approved nine in favor and zero against with Mr. Redmond abstaining from items 10 and 12 and Chairman Weiner abstaining from items six and seven. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE 5 Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CUP CONCEPT PLAN," dated 10-05-20 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Landscape Plan," dated 01- 30-19 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," dated 01/18/2021 and prepared by Buf STUDIO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The freestanding sign shall be monument style set on a brick base matching the building, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument," dated January 14, 2021 and prepared by Cummings, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base matching the building, as noted in Condition 4 and two (2) building and/or canopy signs. Signage on the canopy shall not be internally or externally illuminated. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All vacuum air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 6 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 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. 7 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 *****************.*********** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e4e2007dead 1046ffa2954db3 f806 4472 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 20, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/6/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ER NDN CITY COUNCIL'S BRIEFING Lyndon Remias,City A. EXTERNAL AUDIT CONTRACT Auditor CITY MANAGER'S BRIEFINGS A. FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) 1. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS Stephen Williams, AND CITIZEN SERVICES Director 3. EMERGENCY MEDICAL SERVICES Chief Edward Brazle 4. FIRE DEPARTMENT Chief David Hutcheson 5. POLICE DEPARTMENT Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS Sheriff Kenneth Stolle 7. CLERK OF CIRCUIT COURT Tina Sinnen,Clerk 8. JUVENILE AND DOMESTIC Honorable Philip C. RELATIONS COURT Hollowell,Chief Judge B. FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) 1. INFORMATION TECHNOLOGY Kevin Fairley, Information Services Administrator 2. COASTAL Daniel Adams,Coastal Program and Project Management-Public Works III/IV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y VNI SESSION A-E F. MINUTES 10-0 AY Y - Y Y Y Y Y Y Y Y 1. SPECIAL SESSION APPROVED March 8,2021 2. SPECIAL SESSION APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y March 9,2021 3. INFORMAL and FORMAL SESSIONS APPROVED 9-0 AA Y YYY YYYY Y March 16,2021 s T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/6/2021 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ERNDN G. MAYOR'S PRESENTATIONS Michelle Ellis Young, Executive Director— 1. HELP CAN'T WAIT—SICKLE CELL American Red Cross of AWARENESS MONTH APRIL 2021 Coastal Virginia Eric Majette,Sickle Cell Regional Account Manager—American Red Cross of Coastal Virginia H.1. PUBLIC HEARING CAFÉ FRANCHISE AGREEMENT 1 SPEAKER Criollos,Inc.t/a Criollo's Latin Food Cafe at 2006 Atlantic Avenue re sidewalk cafe J.1. Ordinance to EXTEND the Sunset Date to ADOPTED,AS 10-0 AY Y Y Y Y Y Y Y Y Y April 5, 2022, re residential permit AMENDED parking in the Historic Cavalier Shores Neighborhood (Deferred from March 2, 2021) J.2. Ordinance to GRANT a Franchise Agreement ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y to Criollos,Inc.t/a Criollo's Latin Food Cafe CONSENT at 2006 Atlantic Avenue re sidewalk café J.3. Ordinance to AMEND City Code Section 35- ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y 42 re disabled veteran personal property CONSENT tax exemptions J.4. Ordinance to AUTHORIZE an Independent ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Audit of the City of Virginia Beach and CONSENT Development Authority fmances and enter into a contract with Cherry Bekaert,LLP at an estimated cost of$189,425 J.5. Resolution to REQUEST the Virginia ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y Department of Transportation (VDOT) CONSENT ACCEPT Corrections to the Road Inventory for Urban Maintenance Payments J.6. Ordinance to ADOPT the 2021 Housing ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Choice Voucher Annual Agency Plan and CONSENT Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) J.7. Ordinance to AUTHORIZE temporary DEFERRED TO APRIL 9-0 A A Y Y Y Y Y Y Y Y Y encroachments into a portion of City Property 20,2021 known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier,open-sided roof,and boat lift J.8. Ordinance to AUTHORIZE temporary DEFERRED TO APRIL 9-0 A A Y Y Y Y Y Y Y Y Y encroachments into a portion of City Property 20,2021 known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier,boat lift,and jet ski floats CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/6/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W B U E J R T I 0 BCDNOMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E 0 0 E T I R Y S S ERNDN J.9. Ordinance to AUTHORIZE one(1.0 FTE) ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Grant-Funded position in the Office of CONSENT Emergency Management re support Flood Mitigation Assistance Program K.1. MARGERY&AJ ELLIS fora DENIED 10-0 AY Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term rental at 5632 Freewill Lane DISTRICT 1 -CENTERVILLE K.2. JAIME DYMOND for a Conditional Use MOTION TO 3-7 AN N NNNY YNNY Permit re short term rental at 3817 APPROVE FAILED Daiquiri Lane DISTRICT 1- DENIED CENTERVILLE K.3. BENJAMIN A.ABAIR for a Conditional APPROVED/ 6-4 AN Y NNNY Y Y Y Y Use Permit re short term rental at 2513 CONDITIONED Mortons Road DISTRICT 4-BAYSIDE K..4. JOSEPH LAYNE DONOVAN for APPROVED/ 6-4 AN YNNNY Y Y Y Y Conditional Use Permits re short term CONDITIONED rentals at 525 13'h Street,Units A&B DISTRICT 6—BEACH K.S. CESJB,LLC for a Conditional Use Permit DEFERRED TO MAY 10-0 A Y Y Y Y Y Y Y Y Y Y re short term rental at 409 24th Y2 Street 4,2021 DISTRICT 6—BEACH K.6. ALBERT&ENIT LULUSHI for a APPROVED/ 6-4 AN Y NNNY Y Y Y Y Conditional Use Permit re short term CONDITIONED rental at 528 Vanderbilt Avenue DISTRICT 6—BEACH K.7. CYNTHIA SHEPPARD for a Conditional APPROVED/ 7-3 AY Y N N NY Y Y Y Y Use Permit re short term rental at 304 CONDITIONED,BY 28th Street,Unit 201 DISTRICT 6— CONSENT BEACH K.8 RYAN SUMMERS for a Conditional Use APPROVED/ 7-3 AY Y N N N Y Y Y Y Y Permit re short term rental at 304 28th CONDITIONED,BY Street,Unit 113 DISTRICT 6—BEACH CONSENT K.9. CORTNEY ROSE,TRUSTEE OF THE MOTION TO 4-6 AN YNNN Y YNNY ROSE FAMILY TRUST/THE ROSE APPROVE FAILED FAMILY TRUST for a Conditional Use DENIED Permit re short term rental at 721 13'h Street DISTRICT 6—BEACH K.10. RICHARD&PATRICIA HALL DENIED 10-0 AY Y Y Y Y Y Y Y Y Y REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 947 Indian Circle DISTRICT 6— BEACH K.11. CHARLES K.BAIN&KATHY BAIN APPROVED/ 7-3 AY Y N N N Y YYYY for a Conditional Use Permit re short term CONDITIONED,BY rental at 915 Pacific Avenue,Unit A CONSENT DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/6/2021 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEE ES S E 0 0 E T I R Y S S ER NDN L. APPOINTMENTS: RESCHEDULED BY CO N S E N S CS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M/N/ ADJOURNMENT 10:06 PM 0 OPEN DIALOGUE 28 SPEAKERS 11:32 PM