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08-17-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large Ok in , b.L� VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 w��e+� MICHAEL R BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 U N.D. "ROCKY"HOLCOMB,Kempsville—District 2 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large �+ 0' AARONR.ROUSE,At Large 0°t .004' GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR August 17,2021 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. MAYOR'S FORMAL SEATING OF CITY COUNCIL - City Council Chamber- 4:00 PM II. CITY COUNCIL'S BRIEFING A. EDUCATION AND LONGEVITY INCENTIVES Sheriff Kenneth Stolle III. CITY COUNCIL DISCUSSION/INITIATIVES IV. CITY COUNCIL COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Dr. Kelly J. Burris Senior Pastor, Kempsville Baptist Church 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. INFORMAL and FORMAL SESSIONS August 3, 2021 G. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Jessica P. Abbott b. Andrew"Andy"Friedman 2. PROCLAMATION Boy Scout Troop 493 H. PUBLIC HEARING 1. CREATE THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (CDA) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES /RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re dates of Regular City Council Meetings (requested by City Council) b. 35-158, 35-159 and 35-161 re tax on transients obtaining lodging 2. Resolution to APPROVE participation in the Virginia Abatement Fund and AUTHORIZE the Execution of a Settlement Allocation Memorandum of Understanding (MOU) 3. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue Bonds not to exceed $110-Million by the City of Virginia Beach Development Authority(VBDA)re Westminster-Canterbury on Chesapeake Bay 4. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2022 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 329 Teal Crescent re rebuild and maintain an existing dock and construct and maintain a proposed dock addition and bulkhead 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as 352 Tuna Lane located adjacent to 2713 Bluebill Drive re maintain an existing rip rap revetment, block wall and bulkhead and construct and maintain floating pier and access ramp 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property located between the Sandy Beach and the Boardwalk by Oceanfront Investments, LLC re remove two (2) sets of existing wooden stairs and construct and maintain two (2) new sets of wooden stairs 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Joyce and the 25' Strip of City property around Lake Joyce located at the rear of 2344 Bayville Road re construct and maintain a vinyl bulkhead, pump house, boat ramp and wood dock 9. Ordinance to APPROPRIATE $525,547 to the Clerk of Circuit Court Operating Budget re technology related expenses K. PLANNING 1. THOMAS A.BROWN for a Variance to Section 4.4(b&d)of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE (Deferred from August 3, 2021) RECOMMENDATION: APPROVAL 2. THOMAS A.BROWN for a Variance to Section 4.4(b&d)of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE (Deferred from August 3, 2021) RECOMMENDATION: APPROVAL 3. ROBERT NELSON, ET AL. for a Variance to Section 4.4(b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance re lot area and develop a single-family dwelling at West Landing Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 4. H.MARTIN SNEAD,III&LINDA P. SNEAD for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)for a Street Closure re portions of 18th Street between Pacific and Arctic Avenues DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. ATLANTIC PARK, INC. / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Special Exception for Alternative Compliance re maximum building height, setbacks and types, including several conditional uses for residential, commercial, structured parking, indoor/outdoor entertainment venue and an outdoor surf park located at the block bordered by Arctic and Baltic Avenues, 19th and 20th Streets and double block bordered by Pacific and Arctic Avenues DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. DESIGN BY ELENI, INC. for a Change in Nonconformity re redevelop the existing duplex with a taller and larger duplex at 2416 Seaview Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. VIRGINIA BEACH DEVELOPMENT AUTHORITY & LYNN-LYNNE, LLC for a Modification of Proffers and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-2 Community Business District & Conditional I-1 Light Industrial District re adjustment to Corporate Landing Business Park boundary for an expansion of appliance and service business at 1941 General Booth Boulevard and a portion of Corporate Landing Business Park DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 9. WESLEY D. BOYD / CAPITAL FINANCE, INC. for a Modification of Conditions re tattoo parlor at 172 South Plaza Trail, Suite E (Approved April 16, 2019) DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 10. COSMO'S CORNER,INC./KNRM ENTERPRISE,LLC &NELSON INDUSTRIES, LLC for a Modification of Conditions re commercial kennel at 503,505,507,&511 Central Drive(Approved August 12, 2008)DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 12. WITCHDUCK MEDICAL ASSOCIATES, LLC for a Conditional Change of Zoning from A-12 Apartment District to Conditional 0-1 Office District re office-type uses at 4501 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. WINNER'S PROPERTIES, LLC / HAYNES FURNITURE CO. INC. & CH&B ASSOCIATES, LLP for a Conditional Change of Zoning from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District re 3.91 acres and Conditional Use Permits re auto storage yard and car wash facility at 325, 349 & 361 Nelms Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION -APPROVAL 14. KABP DEVELOPMENT, LLC for a Conditional Use Permit re eating and drinking establishment at the corner of Fisher Arch&Princess Anne Road,West of 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 15. JEFFREY HEITKAMP / JEFFREY & MELINAMAE HEITKAMP for a Conditional Use Permit re home occupation — retail sales at 1140 Cordova Court DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 16. Ordinance to AMEND Section 242.1 of the City Zoning Ordinance(CZO)re Tattoo Parlors and Body Piercing establishments RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURE ADVISORY COMMISSION BEACHES AMD WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD 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 TChelius(cuvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8cf$a7fl 864830e7763f5b3abfl cecaf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 17, 2021. jag III I. MAYOR'S FORMAL SEATING OF CITY COUNCIL - City Council Chamber- 4:00 PM II. CITY COUNCIL'S BRIEFING A. EDUCATION AND LONGEVITY INCENTIVES Sheriff Kenneth Stolle III. CITY COUNCIL DISCUSSION/INITIATIVES IV. CITY COUNCIL COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Dr. Kelly J. Burris Senior Pastor, Kempsville Baptist Church 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. INFORMAL and FORMAL SESSIONS August 3, 2021 G. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Jessica P. Abbott b. Andrew "Andy" Friedman 2. PROCLAMATION Boy Scout Troop 493 H. PUBLIC HEARING 1. CREATE THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (CDA) NuV S• y ,.....„,,,,„„.„ se.,4 i,, NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Virginia Beach,Virginia(the"City"),will hold a public hearing on an ordinance(the"Ordinance")(a)creating the Atlantic Park Community Development Authority(the "CDA") for the purpose of financing various public improvements(the'Improvements")in connection with the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets,collectively known as the Dome Site, into a mixed-use development featuring retail, office, residential, parking and entertainment components,(b)establishing the boundaries of the CDA district and (c)approving a plan of financing for the Improvements. A complete copy of the Ordinance is on file in the Freedom of Information Act office. The public hearing, which may be continued or adjourned,will be held on August 17,2021,at 6:00 P.M.,local time,or as soon thereafter as the matter may be heard,in the City Council Chambers at City Hall,2401 Courthouse Drive,Virginia Beach,Virginia,23456. All interested persons may appear and present their views at such time and place. 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/onstaee/e.nho ?MTI D=e8cf8a 7f 1864830e7763f5b3abflcecaf 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on August 17,2021. 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: TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes BEACON:July 18,2021,July 25,2021,and August 1, 2021. -r-- r r�NU�R' S �, :�� t p ![ t�. it S;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Creating the Atlantic Park Community Development Authority PUBLIC HEARING DATE: August 17, 2021 MEETING DATE: September 7, 2021 • Background: In November of 2019, the City Council authorized the execution of a Development Agreement for the Atlantic Park Project for development of a mixed-use project at the former Dome Site (the "Project"). The Development Agreement anticipates the establishment of a "community development authority" or "CDA" to assist in the financing of certain improvements within the Project. The CDA tool has been utilized in various Virginia localities, including the Short Pump Project in the Richmond region and the Coliseum Project in Hampton. For purposes of the Project, the proposed CDA will include a combination of three revenue sources. First, the CDA will include an additional levy of real estate taxes upon the property within the Project and an additional admissions tax upon participatory sports transactions occurring within the Project. Second, the Development Agreement anticipates certain sales taxes resulting from transactions within the Project that will be directed to the CDA,which was authorized by the General Assembly in legislation referred to in the Development Agreement as Knight-Wagner. Last, the City has certain performance based revenues including Tourism Improvement Program Fund (or TIP Fund) revenues and local revenues keyed to sales taxes resulting from the Project's Term Sheet anticipating the use of Tourism Development Financing Program, which is also referred to as "gap financing." • Considerations: The adoption of a CDA requires a petition from the owner of the property within the proposed boundaries of the CDA. The City of Virginia Beach Development Authority is the owner of the relevant property, and the VBDA has petitioned the City for the CDA. The proposed membership of the CDA is all members of the City Council. The adoption of a CDA includes the requirement to file Articles of Incorporation with the Virginia State Corporation Commission. The proposed Articles are attached hereto. This action is consistent with and anticipated by the Development Agreement for the Project. • Public Information: Public information will be provided through the normal Council agenda process. As required by § 15.2-5156(A), the notice of public hearing has been published for three successive weeks, and the date for the public hearing is not sooner than ten days after the completion of publication of the notice. • Recommendations: Adopt the attached ordinance. Atlantic Park Community Development Authority Page 2 of 2 • Attachments: Ordinance; Exhibit A: Parcel Tax Numbers and Map; Exhibit B: Proposed Articles of Incorporation Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 ORDINANCE CREATING THE ATLANTIC PARK 2 COMMUNITY DEVELOPMENT AUTHORITY 3 4 WHEREAS,the City of Virginia Beach Development Authority(the"Petitioner")and 5 Atlantic Park, Inc. (the "Developer"), have entered into the Dome Site Development 6 Agreement dated December 23, 2019 (the "Development Agreement"), to provide for the 7 development and redevelopment of an approximately 13-acre site near the oceanfront 8 between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), 9 collectively known as the Dome Site (the "Property"), into a mixed-use development 10 featuring retail, office, residential, parking and entertainment components; 11 12 WHEREAS, the Development Agreement contemplates that the Property will be 13 ground leased to the Developer, immediately following which the Developer will submit 14 the Property to a condominium regime, which the Petitioner and the Developer 15 contemplate will be known as "Atlantic Park Condominium Phase 1" that will contain a 16 certain condominium unit to be known as the "NW EV Unit" (the "Entertainment Venue 17 Unit") within which the Entertainment Venue described in the Development Agreement 18 will be constructed; 19 20 WHEREAS, in accordance with the terms of the Development Agreement, the 21 Petitioner has submitted to the City Council (the "Council") a petition (the "Petition") for 22 the creation of the Atlantic Park Community Development Authority (the "CDA")and has 23 represented that the Petitioner owns at least fifty-one percent (51%) of the land area or 24 assessed value of the land within the proposed CDA district (the "CDA District'); 25 26 WHEREAS, the Council proposes to create the CDA in order to provide the public 27 infrastructure, facilities and services described in the Petition in connection with the 28 development or redevelopment of the Property into a mixed-use development featuring 29 retail, office, residential, parking and entertainment components pursuant to the terms of 30 the Development Agreement; 31 32 WHEREAS, the creation of the CDA to assist in financing the public infrastructure, 33 facilities and services described in the Petition (a) will benefit the citizens of the City by 34 promoting increased employment opportunities, a strengthened economic base, 35 increased tax revenues and additional business, retail, tourism and recreational 36 opportunities and (b) will be necessary or desirable for development or redevelopment 37 within or affecting the CDA District or to meet the increased demands placed upon the 38 City as a result of development or redevelopment within or affecting the CDA District; 39 40 WHEREAS, a public hearing has been held on August 17, 2021, by the Council on 41 the adoption of this Ordinance and notice has been duly provided as set forth in §§15.2- 42 5104 and 15.2-5156 of the Virginia Water and Waste Authorities Act, Chapter 51, Title 43 15.2, Code of Virginia of 1950, as amended (the "Act"); and 44 45 WHEREAS, the Petitioner has waived in writing its right to withdraw its signature 46 from the Petition in accordance with §15.2-5156(B) of the Act; 47 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA: 49 50 1. Creation of Authority: Powers under the Act. The Atlantic Park Community 51 Development Authority is hereby created as a political subdivision of the Commonwealth 52 of Virginia in accordance with the applicable provisions of the Act. The CDA shall have 53 the powers set forth in the Act. 54 55 2. Boundaries of CDA. The CDA boundaries shall initially include the property 56 identified in the attached Exhibit A (the "Initial CDA District"). In accordance with §15.2- 57 5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the 58 Circuit Court of the City of Virginia Beach for each tax map parcel in the Initial CDA District 59 upon its adoption. The boundaries of the Initial CDA District(a) may be expanded by the 60 Council by subsequent ordinance upon petition filed pursuant to the Act and (b) may be 61 adjusted by the City to exclude certain land as long as the owners of at least fifty-one 62 percent (51(Yo) of the land area or assessed value of land that will remain in the CDA 63 District after the adjustment originally petitioned for the creation of the CDA. The City, 64 together with the Petitioner, shall take such action as necessary to exclude the 65 Entertainment Venue Unit from the CDA District once the condominium unit constituting 66 the Entertainment Venue Unit is created and assigned a distinct tax parcel number and 67 legal description. 68 69 3. Facilities and Services. The CDA is created for the purpose of exercising 70 the powers set forth in the Act, including acquiring, financing, funding, designing, 71 constructing, equipping and providing for the construction, installation, operation, 72 maintenance (unless dedicated to and accepted by the appropriate governmental entity 73 other than the CDA), enhancement, replacement, relocation and alteration of all or 74 portions of the public infrastructure, facilities and services more particularly described in 75 the Petition, which description is incorporated herein by reference. The CDA shall have 76 all the powers provided by the Act. The CDA shall not provide services that are provided 77 by, or obligated to be provided by, any authority already in existence pursuant to the Act 78 unless such authority provides the certification required by §15.2-5155(B) of the Act. 79 80 4. Articles of Incorporation. Attached hereto as Exhibit B are the proposed 81 Articles of Incorporation of the CDA. The City Manager is authorized and directed to 82 execute and file such Articles of Incorporation on behalf of the Council with the State 83 Corporation Commission in substantially the form attached as Exhibit B with such 84 changes, including insubstantial changes to the boundary description of the CDA District 85 described therein, as the City Manager may approve. The City Manager is authorized to 86 approve such changes or corrections to the Articles of Incorporation prior to filing with the 87 State Corporation Commission as do not change the purpose or function of the CDA as 88 set forth in this Ordinance and in the Petition. 89 90 5. Capital Cost Estimates. The Council hereby finds, in accordance with 91 §15.2-5103(B)of the Act, that it is impracticable to include capital cost estimates, project 92 proposals and project service rates, except as preliminarily summarized in the Petition. 93 6. Membership of the Authority. 94 (a) The powers of the CDA shall be exercised by a board (the "CDA 95 Board")consisting of a number of CDA Board members equal to the number of members 96 of the Council. 97 (b) In accordance with the provisions of §15.2-5113 of the Act, it is 98 hereby ordained that the initial and all subsequent members of the CDA Board shall be 99 the then-current members of the Council. 100 (c) The initial members of the CDA Board shall be as set forth in the 101 Articles of Incorporation for the terms set forth therein. 102 (d) CDA Board members shall receive no compensation from the CDA 103 for their service as CDA Board members. 104 105 7. Plan of Finance; Issuance of Bonds. 106 (a) The public infrastructure, facilities and services to be undertaken by 107 or on behalf of,the CDA, the City or the Petitioner as described herein and in the Petition 108 shall be funded from all or some of the following sources: (i) bonds to be issued by the 109 CDA(the "Bonds"); (ii)special assessments to be levied pursuant to§15.2-5158(AX5)of 110 the Act; (iii) a special tax to be levied pursuant to §15.2-5158(AX3) of the Act; and 111 (iv)contributions made by the City of certain tax revenues generated from the property 112 and activity within the CDA District as more particularly described in the Development 113 Agreement and in a memorandum of understanding to be entered into by the CDA, the 114 City, the Petitioner and the Developer. 115 (b) The Bonds may be issued in one or more series, provided that(i)the 116 annual debt service on the Bonds may not exceed $5,000,000, (ii)the Bonds may not be 117 issued for a term longer than 23 years (with only interest payable for up to the first three 118 years and principal and interest payable over the final 20 years)and (iii) the Bonds must 119 be structured to achieve level debt service over the final 20 years. The proceeds from 120 the sale of Bonds will be used to (x) pay (A)the costs of the infrastructure, facilities and 121 services as described herein and in the Petition, (B) the costs of issuing the Bonds and 122 (C)certain interest on the Bonds for a period of up to 36 months after the issuance of the 123 Bonds and (y)fund any required reserves in connection with the Bonds. 124 (c) Any Bonds or any other financing arrangements entered into by the 125 CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City and 126 will not constitute a pledge of the faith and credit of the City. 127 128 8. Effective Date. This Ordinance shall take effect immediately. 129 130 9. Recordation of Ordinance. The Council hereby directs that a copy of this 131 Ordinance be recorded in accordance with §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: City Manager City Attorney CA15510 R-3 July 22, 2021 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on _, 2021]. City Clerk, City of Virginia Beach, Virginia ZOSb-LO-LZbZ SZ9S-LO-LZbZ LSLb-LO-LZtZ I6917-LO-LZbZ £8817-LO-LZbZ 517917-LO-LZbZ L£LS-LO-LZbZ L I Sb-LO-LZbZ £98 S-LO-LZtZ 099£-LO-LZbZ 0669-LO-LZtZ 9£S£-LO-LZ17Z 8089-LO-LZtZ 699£-LO-LZbZ LOLL-LO-LZtZ IIL£-LO-LZbZ 119Z-L1-LZbZ SOL£-LO-LZbZ 9150-L1-LZ17Z 068Z-LO-LZpt 17Z56-LO-LZiZ L9L£-LO-LZbZ £580-L1-LZbZ (sAIIJ ) sxagtanH pant,' (IsNi xs.L daWriVisk`adb 9 Quv dQW 14:444 UWIebM to 4(uo c? I ' St LS NL•ti ra 4E11 ' 0d4 V14 6*.eM 1 n11 4444 ltai ♦l^. •Y us I rut tar d• ;iv CIO } ic)c ` s c 4444 1011 3 • T1 , VN Cy/►14 i µLit w11 /In 441141 ►* to ow �'•M, ' M. c d IN. —alit '. NA MI 4. NS � 1 0,06'--/ .,,,.,awe► "p 114" ' ra: MP MO ► ys 1O11 aria SIP ►►u !�' , wort 1 I Mt NW kW ,.e...h Papp MS i a1 ,t 'Si a tM i Pk • „u to :o ' f _. 11 •MI •_01, t reccet '. i Ies ,t11cia: • !1• Y.4t so T v. 71 M► t14 11 1a tOJt •• % stir N � X v., cs n-1 toittWNW E IOW 4 M I .t T• 1-.. Of* satatspunog 33U2I41 Val PP I EXHIBIT B Proposed Articles of Incorporation of Atlantic Park Community Development Authority The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended, adopts the following Articles of Incorporation for the Atlantic Park Community Development Authority and states as follows: Article I Name The name of this Authority is ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (the"Authority"). Article II Organization Pursuant to an ordinance adopted by the City Council of the City of Virginia Beach, Virginia(the"Council")on[ 2021] (the"Ordinance"),the Authority shall be organized by the City of Virginia Beach, Virginia (the "City"), under the Virginia Water and Waste Authorities Act(Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended) (the "Act"), as a public body corporate and politic and a political subdivision governed by the laws of the Commonwealth of Virginia. Article III Members The affairs of the Authority shall be conducted by an authority board of a number of members equal to the number of members of the Council ("Authority Board"). The initial Authority Board members are as set forth in Exhibit A attached hereto and incorporated by reference. The initial and all subsequent members of the Authority Board shall be the then-current members of the Council. Each member of the Authority Board shall serve a term concurrent with their respective term as a member of the Council, including the initial members of the Authority Board who shall serve the terms of office set forth in Exhibit A hereto. No member of the Authority Board shall serve a term in excess of that permitted by §15.2-5113 of the Act,provided that any member of the Authority Board may be reappointed for one or more terms (consecutive or otherwise). The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the Authority Board shall be consistent with the requirements of the Act. The Authority Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. Article IV Principal Office The Authority's initial principal office shall be c/o City Manager, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive, Virginia Beach,Virginia 23456. The Authority may conduct its business and maintain offices for such purposes at such other places within or without the City as may from time to time be deemed advisable by the Authority Board, and not in conflict with the requirements of the Act. Article V Authority District The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District") provided that the boundaries of the Initial Authority District(a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Act and(b)may be adjusted by the City to exclude certain land as long as the owners of at least fifty- one percent (51%) of the land area or assessed value of land that will remain in the Authority district after the adjustment originally petitioned for the creation of the Authority. Article VI Purposes and Powers The Authority is organized for the purpose of exercising all powers granted by the Act, including acquiring, fmancing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the Authority), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services generally described in the Petition to create the Authority attached hereto as Exhibit C. The Authority shall have all powers granted to a"community development authority"under the Act. Article VII Not-for-Profit The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. -2- Article VIII Amendment of Articles These Articles of Incorporation may be amended at any time and from time to time by the Council as now or hereafter prescribed by the Act. Article IX Registered Office and Registered Agent The address of the initial registered office of the Authority is do Mark D. Stiles, City Attorney, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive,Virginia Beach,Virginia 23456. The initial Registered Agent of the Authority is Mark D. Stiles, whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. Article X Initial Members The names and addresses of the initial members of the Authority Board are as set forth on the attached and incorporated Exhibit A. Article XI Indemnification (a) For purposes of this Article XI the following definitions shall apply: (i) "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification; (ii) "liability"means the obligation to pay a judgment,settlement,penalty,fine, or other such obligation; (iii) "legal entity" means a corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise; and (iv) "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. (b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of -3- directors or officers of a corporation to the corporation,the members, directors and officers of the Authority shall not be liable to the Authority. (c) The Authority shall indemnify any individual who is, was or is threatened to be made a party to a proceeding(including a proceeding by or in the right of the Authority)because such individual is or was a member,director or officer of the Authority or because such individual is or was serving the Authority or any other legal entity in any capacity at the request of the Authority while a member,director or officer of the Authority,against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a member,director or officer of a legal entity controlled by the Authority shall be deemed service at the request of the Authority. The determination that indemnification under this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a member or director, as provided by law, and in the case of an officer, as provided in Section(d)of this Article;provided,however,that if a majority of the members of the Authority has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Authority Board and such person. Unless a determination has been made that indemnification is not permissible, the Authority shall make advances and reimbursements for expenses incurred by a member, director or officer in a proceeding upon receipt of an undertaking from such member,director or officer to repay the same if it is ultimately determined that such member,director or officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the member, director or officer and shall be accepted without reference to such member's, director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction,or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a member,director or officer acted in such a manner as to make such member, director or officer ineligible for indemnification. The Authority is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its members, directors or officers to the same extent provided in this paragraph(c). (d) The Authority may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its members, directors and officers pursuant to paragraph(c)of this Article,provide indemnification and make advances and reimbursements for expenses to its employees and agents, the members, directors, officers,employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Authority, and may contract in advance to do so. The determination that indemnification under this paragraph (d) is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Authority Board, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under paragraph(c) of this Article shall be limited by the provisions of this paragraph(d). (e) The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected -4- to make determinations under this Article may be counsel for the Authority. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled,including indemnification pursuant to a valid contract, indemnification by legal entities other than the Authority and indemnification under policies of insurance purchased and maintained by the Authority or others. However,no person shall be entitled to indemnification by the Authority to the extent such person is indemnified by another, including an insurer. The Authority is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Authority or any other legal entity at the request of the Authority regardless of the Authority's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Authority from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. (f) No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment,modification or repeal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation as of the day of , 2021, as duly authorized by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on [ _, 2021]. By: City Manager, City of Virginia Beach, Virginia -6- Exhibit A Names and Addresses of Initial Members [To be Completed] Name and Address Term of Office Commences Expires(1 (1) Each member's term shall expire on the date shown above unless such member ceases to serve on the Council prior to such date,in which case such member's term shall expire on the date such member ceases to serve on the Council. SZ9S-LO-LZtZ 169b-LO-LZtZ Sb917-LO-LZ17Z L I St-LO-LZbZ 099£-LO-LZiZ 9£S£-LO-LZbZ 699£-LO-LZbZ 1 IL£-LO-LZtZ SOL£-LO-LZbZ 068Z-LO-LZtZ L9L£-LO-LZi ZO8b-L0-LZbZ LSLb-LO-LZtZ £88b-LO-LZiZ L£LS-LO-LZbZ £98S-LO-LZbZ 0669-LO-LZiZ 8089-LO-LZ1Z LOLL-LO-LZtZ I I9Z-L I-LZtZ 91 SO-L I-LZtZ bZS6-LO-LZbZ £S80-L I-LZbZ :sI\IIdD s.iaquznN pared deyp xe jala3st j kluoqunv mu'Jo uotldtaasaU a Itglgxa Exhibit C Petition to Create Authority [To be Attached] 022764.0000279 EMF_US 85728599v3 PETITION PURSUANT TO VIRGINIA CODE SECTION 15.2-5153 FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY TO THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") is a political subdivision of the Commonwealth of Virginia(the"Commonwealth"),duly created under the Chapter 643 of the Acts of Assembly of 1964, as amended; WHEREAS, the Petitioner, the City of Virginia Beach, Virginia(the "City"), and Atlantic Park, Inc. (the "Developer"), have entered into a Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the development and redevelopment of an approximately 10-acre site near the oceanfront between 18th and 20th Streets, collectively known as the Dome Site (as hereinafter described, the "Property"), into a mixed-use development featuring retail, office, residential, parking and entertainment components; WHEREAS, the Petitioner is the fee simple owner of the Property, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner desires to join with the City Council of the City(the "Council") to create a mechanism for the funding of certain infrastructure improvements, facilities and services that are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property as more particularly described herein; WHEREAS,pursuant to the terms of the Development Agreement,the Petitioner,the City and the Developer have determined that a community development authority (the"CDA")affords the best mechanism for providing such infrastructure improvements, facilities and services; and WHEREAS,the provision of such infrastructure improvements, facilities and services will promote increased employment opportunities in the City and will facilitate the successful expansion of the City's tax base through increased real property tax revenues, personal property tax revenues, retail sales tax revenues, meals tax and business and license fee revenues from the expansion of the tax base contemplated within the CDA district; NOW, THEREFORE, the undersigned Petitioner, pursuant to Virginia Code §15.2-5153, does hereby petition the Council to establish,by ordinance pursuant to Virginia Code§15.2-5155, the CDA. In support of this Petition, the Petitioner states as follows: 1. Petitioner and CDA District. The Petitioner is the fee simple owner of more than fifty-one percent (51%) of the land area or assessed value of the land proposed to be included within the geographic boundaries of the CDA (such real property to be located within the boundaries of the CDA is referred to herein collectively as the"CDA District"). Legal descriptions of the initial parcels to be included within the CDA District are attached to this Petition as Exhibit A, and the tax map parcel numbers of such initial parcels to be included within the CDA District are attached to this Petition as Exhibit B, all of which are incorporated herein by this reference. All of the initial parcels within the CDA District are located exclusively within the City. The initial boundaries of the CDA District are shown on the map attached to this Petition as Exhibit C and incorporated herein by this reference, but (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Virginia Code §15.2-5153 and (b) may be adjusted to exclude certain land as long as the owners of at least fifty-one percent(51%)of the land area or assessed value of land that will remain in the CDA District after the adjustment originally petitioned for the creation of the CDA. The Petitioner requests that the CDA be called the"Atlantic Park Community Development Authority." 2. Description of Infrastructure,Facilities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, fmancing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement,replacement,relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit D, including, without limitation, (a) sanitary sewer mains and lines, (b)water mains and lines, pump stations and water storage facilities, (c)storm sewer mains and lines, (d)landscaping and related site improvements, (e) parking facilities, (f)sidewalks and walkway paths, (g) storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control), (h) lighting (including street and decorative lights in public rights of way), (i) street and directional signage, (j)wetlands mitigation, (k)roads, curbs and gutters (inclusive of rights of way and easements related thereto), (1)public park, plaza and recreational facilities, (m)new or enhanced public access and open space areas, and (n)any and all facilities and services appurtenant to the above including the acquisition of land (all such existing and new public roads, utilities, facilities, improvements and services are referred to herein collectively as the "Infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes, and all such operating expenses of the CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal (collectively, the"Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of-way and easement acquisition,permitting and/or relocation of existing utilities. 3. Description of Provision and Financing of Infrastructure and Operation of the CDA. The Infrastructure shall be constructed or acquired by, or on behalf of, the CDA, the City or the Petitioner, and the costs thereof shall be paid for, or reimbursed by, the CDA, the City or the Petitioner,upon availability of funding. As set forth in Paragraph 2 above,the CDA may contract for all services required for the Operation of the CDA and the provision of the Infrastructure. The CDA,the City and the Petitioner may contract with each other and with other parties necessary or desirable for the Operation of the CDA and the provision of the Infrastructure or services directly related to the Operation of the CDA. The proposed plan for the Operation of the CDA and the provision of the Infrastructure within the CDA District is as follows: (a) The Petitioner proposes that the CDA request the Council to establish(i) a special tax of$0.25 per $100 of assessed value on taxable real property within the CDA District and (ii) special assessments on the taxable real property within the CDA District -2- to finance the costs of the Infrastructure and the Operation of the CDA as provided in Virginia Code §§15.2-5158(A)(3) and(5). (b) The Petitioner proposes that the Council establish a special admissions tax of $0.05 to be charged to persons actively participating in sporting events or athletic contests or activities within the CDA District as described in the Development Agreement to support the financing of the costs of the Infrastructure and the Operation of the CDA. (c) The CDA may issue revenue bonds, in one or more series, for (i) the Operation of the CDA, (ii) the provision of the Infrastructure or any portion thereof and (iii) the administrative and other authorized costs and expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds will be payable solely from revenues received by the CDA(including,but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on such bonds may not exceed $5,000,000. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District,to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Infrastructure and the Operation of the CDA are necessary or desirable for development or redevelopment within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District,which will be enabled by the Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 5. Members of the CDA. The CDA board (the "CDA Board") shall have the same number of members as the Council. The Council shall appoint the members of the CDA Board pursuant to Virginia Code§15.2-5113,provided that the members of the Council shall serve as the members of the CDA Board. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Council, provided that no such abolition shall occur while any CDA obligation remains outstanding. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and/or appropriate to provide the public infrastructure, facilities and services identified in this Petition. 7. Waiver. The Petitioner intends to provide a waiver of the thirty (30)-day period to withdraw its signature from this Petition as provided in Virginia Code §15.2-5156(B). -3- ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein,the Petitioner respectfully requests that the Council establish the Atlantic Park Community Development Authority for the purposes set forth in this Petition. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -4- IN WITNESS HEREOF, the Petitioner has executed this Petition pursuant to due authority this day of , 2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Name: Title: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the foregoing instrument was acknowledged before me in the jurisdiction aforesaid by (name), (title), on behalf of the City of Virginia Beach Development Authority. Given under my hand this day of , 2021. My commission expires: . Notary Public My registration number is: . -5- EXHIBIT A DESCRIPTIONS OF PARCELS IN THE CDA DISTRICT (Description of Property) PARCEL 1: ALL THAT certain block, piece or parcel of land, situate and being in the City of Virginia Beach, being known, numbered and designated as Block D,consisting of Lots 1 —26 and the closed alley extending North and South, adjacent to lots 14 through 20 and the closed portion of the alley extending East and West between the eastern 30' of Lots 12 and 22 to Lot 17, inclusive, as shown on that certain plat entitled "PROPERTY OF VIRGINIA BEACH PARK CORP., VIRGINIA, VA.", Scale: 1"=100', dated February 1927, prepared by J. F. Benson, C.E., and recorded in the Clerk's Office in Map Book 8, at page 5. Lots 5, 6 and 7 also being shown as Lots R, S,T and U on that plat entitled "Re-division of Lots 5-6-7 Block D Va. Beach VA", recorded in the Clerk's Office in Map Book 18, at page 49. Parts of Lots 19,20,21 and closed portion of alley also being shown on that plat entitled "Plat of Parcel of Land to be Conveyed to Virginia Beach — Princess Anne County Rescue Squad Inc., consisting of portions of Lots 19, 20 & 21 — Block "D" Map 6 — Virginia Beach Development Company", attached to that deed recorded in the Clerk's Office in Deed Book 508, at page 298. TOGETHER WITH all interior lanes and alleys located within said Block D, and more particularly shown on that certain plat recorded in the aforesaid Clerk's Office in Map Book 13, page 64. LESS AND EXCEPT that portion of property designated and described as"RIGHT-OF-WAY-TO BE ESTABLISHED AREA= 1984 SQ. FT. OR 0.046 ACRE" as shown on that certain plat entitled '`PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: 1"=40', dated July 12, 2007, prepared by Rouse-Sirine Associates, Ltd., and recorded in the Clerk's Office as Instrument No. 20080611000691100. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to A-1 appurtenant to or in any way benefiting the above-described property, EXCEPT the interior lanes and alleys located within said Block D, specifically included above. IT BEING a part of the same property conveyed to the City of Virginia Beach(formerly the Town of Virginia Beach) as follows: 1) Deed from National Bank of Commerce of Norfolk, dated January 28, 1938, and recorded in the Clerk's Office in Deed Book 191, at page 269. 2) Deed from Ena S. Clements, et als., dated January 2, 1941, and recorded in the Clerk's Office in Deed Book 210, at page 197. 3) Deed from Tourist Haven, Incorporated,dated January 20, 1945, and recorded in the Clerk's Office in Deed Book 226, at page 216. 4) Deed from the Virginia Beach Rescue Squad,Incorporated,dated February 8, 1996, and recorded in the Clerk's Office in Deed Book 3606, at page 1259. 5) Deed from National Bank of Commerce of Norfolk, dated September 18. 1937, and recorded in the Clerk's Office in Deed Book 190, at page 2. 6) Deed from Ruby Virginia Harris and Samuel H Harris, dated October 7, 1941, and recorded in the Clerk's Office in Deed Book 210, at page 199. 7) Deed from Bradley A. Jones, dated November 28, 2011, and recorded in the Clerk's Office as Instrument No. 20111229001335550. 8) Deed from Scott M. Seeley and Jill M. Byrne, dated March 31, 2011, and recorded in the Clerk's Office as Instrument No. 20110401000333160. 9) Deed from Alex Bredologos (a/k/a Alexandros Bredologos) and Eva A. Bredologos (a/k/a Evangelia Bredologos), dated September 26, 2012, and recorded in the Clerk's Office as Instrument No. 20120928001126930. 10) Deed from Jacqueline M. Miller, Substitute Trustee Under a Revocable Living Trust, dated April 27, 2011, and recorded in the Clerk's Office as Instrument No. 20110429000430940. A-2 11) Deed from Stephen Rohring and Lynnette Rohring (a/k/a Lynette Rohring),dated March 14,2011,and recorded in the Clerk's Office as Instrument No. 20110325000311640. 12) Deed from Stephen Rohring and Lynnette Rohring (a/k/a Lynette Rohring),dated March 14,2011,and recorded in the Clerk's Office as Instrument No. 20110325000311630. 13) Deed from Timothy John Babcock and Ayako G. Babcock, dated October 25, 2011, and recorded in the Clerk's Office as Instrument No. 20111026001107100. 14) Deed from Alex David Stevens, Russ Michael White, Kyle Vincent Stevens and Shelley Ann White,dated March 11,2010,and recorded in the Clerk's Office as Instrument No. 20100419000361490. 15) Deed from Byler and Clark, LLC, a Virginia limited liability company,dated July 15,2011,and recorded in the Clerk's Office as Instrument No. 20110808000800990. 16) Deed from Douglas W. Randolph and Agnes G. Randolph, dated August 20, 2010, and recorded in the Clerk's Office as Instrument No. 20100820000864620. 17) Deed from S. J. Stone, Jr. and Virginia Louise Stone, dated April 27,2012,and recorded in the Clerk's Office as Instrument No. 20120501000477690. 18) Deed from Richard D. Dunnington, dated June 28, 2010, and recorded in the Clerk's Office as Instrument No. 20100630000656400. 19) Deed from Robert W. Dunnington, dated June 28, 2010, and recorded in the Clerk's Office as Instrument No. 20100630000656390, and corrected by Instrument No. 20100723000740410. 20) Deed from Maria Bredologos-Mendrinos (f/k/a Maria Bredologos) and Stelianos Bredologos, dated September 26, 2012, and recorded in the Clerk's Office as Instrument No. 20121001001137160. PARCEL 2: ALL THAT certain lot, tract or parcel of land, situate lying and being in the City of Virginia Beach, Virginia, designated and A-3 described as that certain block of land bounded on the north by the southern line of 20th Street,on the east by the western line of Pacific Avenue, on the south by the northern line of 19th Street and on the west by the eastern line of Arctic Avenue. Also described as: ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOTS 1 —20, BLOCK 40, M.B. 1, P.20b", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: 1"=50', dated July 29, 2007,made by Rouse-Sirine Associates,Ltd.,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") as Instrument Number 20080611000691110, reference to which is made for a more particular description. TOGETHER WITH all the rights,title and interest of the City in and to the right-of-way located between Pacific Avenue and Arctic Avenue, adjacent to the southern boundary of said Block 40, and known as 19th Street, including that portion of 19th Street designated and described as "RIGHT-OF-WAY TO BE ESTABLISHED AREA=200 SQ. FT. OR 0.005 ACRE", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA'', Scale: 1"=50', dated July 29,2007,prepared Rouse-Sirine Associated, Ltd, and recorded in the Clerk's Office as Instrument No. 20080611000691110. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property, EXCEPT the right-of-way known as 19th Street, specifically included above. IT BEING a portion of the same property conveyed to the City of Virginia Beach (formerly the Town of Virginia Beach) by Norfolk Southern Railway Company,by deed dated December 15, 1950,and recorded in the aforesaid Clerk's Office in Deed Book 283, at page 534, and by Hampton Roads Chamber of Commerce by Deed of A-4 Vacation and Quitclaim dated March 4, 1992, and recorded in the Clerk's Office in Deed Book 3068, at page 1685. PARCEL 3: ALL THAT certain block,piece or parcel of land, situate and being in the City of Virginia Beach, being known, numbered and designated as Block 33, consisting of Lots 1 —20, as shown on that certain plat entitled"VIRGINIA BEACH", Scale: 200' = 1", dated July 17, 1901,and recorded in the Clerk's Office in Map Book 1, at page 20b. Also described as Lots 1-11,Block 33,as shown on the plat entitled "Redivision of Block#33 VA BEACH,VA. Made for: Fuel-Feed& Bldg Supplies Corp.", dated December 22, 1954, made by W. B. Gallup, and attached to the deed recorded in the Clerk's Office in Deed Book 390, at page 438. TOGETHER WITH all rights,title and interest of the City in and to the right-of-way located between Pacific Avenue and Arctic Avenue, adjacent to the northern boundary of said Block 33, and known as 19th Street,including that portion of 19th Street designated and described as "RIGHT-OF-WAY TO BE ESTABLISHED AREA=200 SQ. FT. OR 0.005 ACRE", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: 1"=20', dated July 29, 2007, prepared by Rouse-Siring Associates, Ltd, and recorded in the Clerk's Office as Instrument No. 20080611000691090. RESERVING UNTO THE CITY all right, title and interest of the ‘ City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property, EXCEPT the right-of-way known as 19th Street, specifically included above. IT BEING a part of the same property conveyed to the City of Virginia Beach as follows: 1) Deed from Edwin C. Kellam, Special Commissioner, dated August 18, 1971,and recorded in the Clerk's Office, in Deed Book 1236, at page 103. A-5 2) Deed from First& Merchants National Bank, Trustee under the Will of Frank D. Tarrall,Jr., and Edwin C. Kellam, Executor of the Estate of Frank D.Tarrall,Jr.,dated October 21, 1971, and recorded in the Clerk's Office in Deed Book 1247, at page 479. 3) Deed from Virginia Electric and Power Company, a Virginia corporation, dated February 26, 1968, and recorded in the Clerk's Office in Deed Book 1046, at page 345. 4) Deed from Fuel, Feed Plaza Home Center, Inc.,dated December 27, 1979, and recorded in the Clerk's Office, in Deed Book 1979,at page 566. 5) Deed from Carolina Coach Company, a Virginia corporation, dated January 7, 1980, and recorded in the Clerk's Office in Deed Book 1978, at page 599. A-6 I-fl SZ9S-LO-LZtZ I69t-LO-LZtZ St9t-LO-LZI7Z L I St-LO-LZtZ 099£-LO-LZtZ 9£5£-LO-LZiZ 699£-LO-LZ1Z I I L£-LO-LZtZ SOL£-LO-LZI7Z 068Z-LO-LZtZ L9L£-LO-LZtZ ZO8t-LO-LUZ LSLt-LO-LZbZ £88t-LO-LZtZ L£LS-LO-LZtZ £98S-LO-LZtZ 0669-LO-LZtZ 8089-LO-LZtZ LOLL-LO-LZtZ I I9Z-LI-LZbZ 9I SO-L I-LZtZ tZS6-LO-LZtZ £S80-L I-LZtZ :sMdD W1flII I11N dVL1I XVI All ST DUVd 30 ISU 11 IIlIHX3 EXHIBIT C MAP OF CDA DISTRICT as e V p • i .410507 2Ns 1' 0p 439 434 421 t - •-'j 715 300 ' SOY,'" l 'Will 920 1 2004 426 • i92 y06 432 Q9 — _ • s► low 4.t - '#,slt 004 N7 Mn91 2003 q7 423 Yafn"" ' -r--r'-�-~ 11R� f� 002 2001 Y ,6d.1 --- i. 1,.• .+� 1920 + P P Jh P isle N11 ' 19th WN, 4 18 4 14 4 \ 1917 V. l«Math 10114 SI , 9019 ,r 7171049 - �n2 ta06 H0# .104 t M Mr -— 1909 �} =- 0.Y --.— 19101 1907 ' tt......L____,_ , , h C""*'• t90-,S1,e41 - _.r"- f_ .n 10 • ION 914 417 P so 19M 400 1911 Q. p0 N1102•:0; - ��_j -- 9012 319 614103` 1000 . 4 , 10. n0 ` 4 1106 407-C .. " 1006 411 as 4 3 .D1 1)04 tii. 2t2 f�,' • 909 1F0 1001 .07•A.I y'1' ., � __� s " _ - • @ li rat \ 1` } 110La • 1, k -T a unla Beach I Map data vO _StreetMaD C-I EXHIBIT D DESCRIPTION OF PROPOSED INFRASTRUCTURE [To be Completed] D-1 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re dates of Regular City Council Meetings (requested by City Council) b. 35-158, 35-159 and 35-161 re tax on transients obtaining lodging 2. Resolution to APPROVE participation in the Virginia Abatement Fund and AUTHORIZE the Execution of a Settlement Allocation Memorandum of Understanding (MOU) 3. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue Bonds not to exceed $110-Million by the City of Virginia Beach Development Authority(VBDA)re Westminster-Canterbury on Chesapeake Bay 4. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2022 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 329 Teal Crescent re rebuild and maintain an existing dock and construct and maintain a proposed dock addition and bulkhead 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as 352 Tuna Lane located adjacent to 2713 Bluebill Drive re maintain an existing rip rap revetment, block wall and bulkhead and construct and maintain floating pier and access ramp 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property located between the Sandy Beach and the Boardwalk by Oceanfront Investments, LLC re remove two (2) sets of existing wooden stairs and construct and maintain two (2) new sets of wooden stairs 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Joyce and the 25' Strip of City property around Lake Joyce located at the rear of 2344 Bayville Road re construct and maintain a vinyl bulkhead, pump house, boat ramp and wood dock 9. Ordinance to APPROPRIATE $525,547 to the Clerk of Circuit Court Operating Budget re technology related expenses eu y�l�tiv CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Amend Section 2-20 of the City Code Regarding the Dates of Regular City Council Meetings MEETING DATE: August 17, 2021 • Background: The City Charter provides that the City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. As discussed in the Informal Session on August 3, 2021 , the City Council desires to avoid the scheduling conflicts that typically occur on the first Tuesday of August, which is traditionally National Night Out, and any Tuesday of November that is also the date of the November election. State law provides that the November election shall occur on the Tuesday after the first Monday in November. • Considerations: The attached ordinance moves the August regular meetings to the second and third Tuesday, and if the first Tuesday of November is the date of the general election, the November regular meetings would be the second and third Tuesday. The ordinance further provides that no informal meeting will occur on the date of the general election in November. • Public Information: Public information will be provided through the normal Council agenda process. If adopted, the ordinance will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. • Attachment: Ordinance REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AMEND SECTION 2-20 OF THE CITY 2 CODE REGARDING THE DATES OF REGULAR CITY 3 COUNCIL MEETINGS 4 5 WHEREAS, the City Council desires to avoid scheduling conflicts that typically 6 occur on the first Tuesday of August, which is traditionally National Night Out, and any 7 Tuesday of November that is also the date of the November election; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. Section 2-20 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 2-20. Time and place of regular meetings. 16 17 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 18 City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and third 19 Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal holiday. 20 however, the first Tuesday of November is the date of the general election, the November 21 regular formal meetings of the council shall instead be held on the second and third 22 Tuesdays of the month at 6:00 p.m. Additionally, the August regular formal meetings of 23 the council shall be held on the second and third Tuesdays of the month at 6:00 p.m., and 24 However, in July and December of each year, regular meetings shall instead be held on 25 the first two (2) Tuesdays of the month at 6:00 p.m. The council may also convene 26 informal meetings on the dates of regular formal meetings at such times as the council 27 may deem appropriate, and on the second and fourth Tuesday of every month except 28 July and December. Informal meetings, which shall be held in the Council Chamber or 29 Council Conference Room, as noted in the posted agenda for such meetings, and at 30 which no votes shall be cast, shall be for the purpose of discussing matters of interest to 31 the council, and receiving briefings/reports from the city manager, city staff and city 32 boards, commissions, committees and other city agencies. There shall be no informal 33 meeting on a Tuesday that is also the date of the general election. Closed session may 34 be convened in the Conference Room adjacent to the Council Chamber. The city 35 manager shall notify the public of the times of such informal meetings in advance thereof. 36 37 .... 38 39 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of the 40 Council Chamber of the City Hall Building and a public notice of these changes to 41 be published in the Beacon. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15513 R-2 August 5, 2021 frer#4r1A14' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 35-158, 35-159, and 35-161 of the City Code Regarding the Tax on Transients Obtaining Lodging MEETING DATE: August 17, 2021 • Background: The City levies a transient occupancy tax upon hotel rooms. This tax includes both a rate and a per room night charge. The transient occupancy tax supports the General Fund, the Tourism Advertising Program (TAP), and the Tourism Investment Program (TIP). Additional revenues support the Central Business District TIF and the Sandbridge SSD. The 2021 General Assembly enacted legislation that was intended to address disparate tax treatment of lodging transactions. This legislation addresses the retail sales and use tax as well as local and regional transient occupancy taxes. Prior to the legislation, a customer would pay a larger amount of sales and transient occupancy taxes when it booked a room directly with a hotel or motel than if the same transaction occurred online through an intermediary. Once implemented, all lodging transactions will be taxed on the entire room charge. • Considerations: The 2021 legislation changes certain definitions and procedures for local transient occupancy taxes. These changes are effective September 1, 2021. The same changes will occur for the sales tax, which is administered by the Virginia Department of Taxation, as the local and regional transient occupancy tax, which is administered by the Commissioner of the Revenue and collected by the City Treasurer. The legislation does not contemplate opting out of the changes, so absent the City forgoing its transient occupancy taxes, enactment of these changes is required prior to September 1, 2021 . • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 2021 Acts of Assembly c. 383 Recommended Action: Approval Submitting Department/Agency:� Office of the City Manager City Manager: (/' J 1 AN ORDINANCE TO AMEND SECTIONS 35-158, 2 35-159, AND 35-161 OF THE CITY CODE 3 REGARDING THE TAX ON TRANSIENTS 4 OBTAINING LODGING 5 6 SECTIONS AMENDED: 35-158; 35-159; and 35-161 7 8 WHEREAS, 2021 Acts of Assembly Special Session c. 383 ("Chapter 383") 9 provides an overhaul of retail sales and use tax and local transient occupancy taxes, and 10 this legislation is effective September 1 , 2021 ; and 11 12 WHEREAS, the City Council desires to amend and reordain certain sections of the 13 City Code regarding the City's transient occupancy taxes to align with Chapter 383; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1 . Sections 35-158, 35-159, and 35-161 of the City Code are hereby amended and 19 reordained as follows: 20 21 Sec. 35-158. Definitions. 22 23 Except where the context clearly indicates a different meaning, the following words 24 and phrases, when used in this article shall, for the purposes of this article, have the 25 meanings ascribed to them in this section: 26 27 Accommodations. "Accommodations" means any room or space for which tax is 28 imposed on the retail sale of the same pursuant to this article. 29 30 Accommodations fee. "Accommodations fee" means the room charge less the 31 discount room charge, if any, provided that the accommodations fee shall not be less than 32 $0. 33 34 Accommodations intermediary. "Accommodations intermediary" means any 35 person other than an accommodations provider that facilitates the sale of an 36 accommodation, charges a room charge to the customer, and charges an 37 accommodations fee to the customer, which fee it retains as compensation for facilitating 38 the sale. For purposes of this definition, "facilitates the sale" includes brokering, 39 coordinating, or in any other way arranging for the purchase of the right to use 40 accommodations via a transaction directly, including via one or more payment 41 processors, between a customer and an accommodations provider. "Accommodations 42 intermediary" does not include a person (1) if the accommodations are provided by an 43 accommodations provider operating under a trademark, trade name, or service mark 44 belonging to such person; or (2) who facilitates the sale of an accommodation if (i) the 45 price paid by the consumer to such person is equal to the price paid by such person to 46 the accommodations provider for the use of the accommodations and (ii) the only 47 compensation received by such person for facilitating the sale of the accommodations is 48 a commission paid from the accommodations provider to such person. 49 50 Accommodations provider. "Accommodations provider" means any person that 51 furnishes accommodations to the general public for compensation. The term "furnishes" 52 includes the sale of use or possession or the sale of the right to use or possess. An 53 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 54 or house, tourist camp, tourist cabin, camping grounds, motel, rooming house or other 55 lodging place within the city offering lodging, for compensation, to any transient. 56 57 Affiliate. "Affiliate" means with respect to any person, any other person directly or 58 indirectly controlling, controlled by, or under common control with such person. For 59 purposes of this definition, "control" (including controlled by and under common control 60 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 61 management and policies of such person through ownership or voting securities or by 62 contract or otherwise. 63 64 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 65 duly authorized deputies and agents. 66 67 Commissioner of revenue. "Commissioner of revenue" means the commissioner 68 of revenue of the city and any of his or her duly authorized deputies and agents. 69 70 Discount room charge. "Discount room charge"means the full amount charged by 71 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 72 for furnishing the accommodations. 73 74 Lodging. "Lodging" means any room or rooms, lodging or space furnished to any 75 transient. 76 77 Lodging place. "Lodging place" means any public or private hotel, inn, hostelry, 78 79 house or other lodging place within the city o 80 transient. 81 82 Retail sale. "Retail sale" means a sale to any person for any purpose other than 83 for resale. 84 85 Room charge. "Room charge" means the full retail price charged to the customer 86 by the accommodations intermediary for the use of the accommodations, including any 87 accommodations fee, before taxes. The room charge shall be determined in accordance 88 with 23VAC10-210-730 and the related rulings of the Virginia Department of Taxation on 89 the same. 90 91 Transient. "Transient" means any person who, for any period of not more than 92 ninety (90) consecutive days, either at his own expense or at the expense of another, 93 obtains accommodations lodging i-n from any lodging placc accommodations provider. 94 95 The Commissioner of the Revenue may rely upon the processes and procedures 96 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 97 Special Session c. 383 in the construction or interpretation of any of the above definitions 98 and the incidence of the tax authorized by this Article VII of Chapter 35 of the City Code. 99 100 Sec. 35-159. Levied; amount. 101 102 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) 103 percent of the total amount paid for the use or possession of any room or space that 104 is suitable or intended for occupancy by transients for dwelling, lodging, or sleeping 105 purposes lodging, by or for any such transient, to any accommodations provider 106 , plus a flat tax of two dollars ($2.00) for each night of lodging at any 107 accommodations provider lodging-place other than a campground. The percentage- 108 based portion of the tax rate shall be reduced by two and one-half (2.5) percent on 109 June 30, 2027. One dollar($1.00) of the flat tax dedicated to the Tourism Advertising 110 Program shall remain in effect through June 30, 2023, and the remaining one dollar 111 ($1.00) dedicated to the Tourism Investment Program shall be in effect through June 112 30, 2022. 113 114 (b) There is hereby levied and imposed on each transient within the Sandbridge Special 115 Service District (district) a tax, in addition to that levied in subsection (a) hereof, 116 equivalent to one and one-half percent of the total amount paid for accommodations 117 lodging within the district, by or for any such transient to any accommodations 118 provider lodging--place, excluding hotels, motels and travel campgrounds. 119 120 (c) The tax levied herein does not include the regional transient occupancy tax imposed 121 by the General Assembly and codified as § 58.1-1743 of the Virginia Code. 122 Subsection D of § 58.1-1743 requires the collection of the regional transient 123 occupancy tax to be collected in the same manner as a local transient occupancy 124 tax. 125 126 127 128 Sec. 35-161. Collection. 129 130 a. For any retail sale of accommodations not facilitated by an accommodations 131 intermediary, the accommodations provider shall collect the tax imposed pursuant 132 to this article, computed on the total price paid for the use or possession of the 133 accommodations, and shall remit the same to the City and shall be liable for the 134 same. 135 136 b. For any retail sale of accommodations facilitated by an accommodations 137 intermediary, the accommodations intermediary shall be deemed under this article 138 as a facility making a retail sale of an accommodation. The accommodations 139 intermediary shall collect the tax imposed pursuant to this article, computed on the 140 room charge. When the accommodations are at a hotel, the accommodations 141 intermediary shall remit the taxes on the accommodations fee to the City and shall 142 remit any remaining taxes to the hotel, which shall remit such taxes to the City. 143 When the accommodations are at a short-term rental, as defined in § 15.2-983 of 144 the Virginia Code, or at any other accommodations, the accommodations 145 intermediary shall remit the taxes on the room charge to the City. 146 147 c. An accommodations intermediary shall not be liable for taxes under this article 148 remitted to an accommodations provider but that are then not remitted to the City 149 by the accommodations provider. For any retail sale of accommodations facilitated 150 by an accommodations intermediary, an accommodations provider shall be liable 151 for that portion of the taxes under this article that relate to the discount room charge 152 only to the extent that the accommodations intermediary has remitted such taxes 153 to the accommodations provider. 154 155 d. In any retail sale of any accommodations in which an accommodations 156 intermediary does not facilitate the sale of the accommodations. the 157 accommodations provider shall separately state the amount of the tax in the bill, 158 invoice, or similar documentation and shall add the tax to the total price paid for 159 the use or possession of the accommodations. In any retail sale of any 160 accommodations in which an accommodations intermediary facilitates the sale of 161 the accommodation, the accommodations intermediary shall separately state the 162 amount of the tax on the bill, invoice, or similar documentation and shall add the 163 tax to the room charge; thereafter, such tax shall be a debt from the customer to 164 the accommodations intermediary, recoverable at law in the same manner as other 165 debts. 166 167 168 169 , 170 payment for-such-lodging-is-made, 171 172 e. The taxes required to be collected under this section shall be deemed to be held 173 in trust by the person required to collect such taxes, until remitted as required in 174 this article. 175 176 2. The effective date of this ordinance is September 1, 2021. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: q—e--:-- City Manager's Office City Attorney's Office CA15491 R-2 August 3, 2021 r €°. Nu,may , xj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Participation in the Virginia Abatement Fund and to Authorize the Execution of a Settlement Allocation Memorandum of Understanding MEETING DATE: August 17, 2021 • Background: The City and the Virginia Office of the Attorney General are separately engaged in national litigation against opioid manufacturers and distributors seeking to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. The City and the Commonwealth share a common desire to abate and alleviate the impacts of the opioid addition epidemic and to maximize litigation recoveries from those third parties responsible for the same. Virginia localities including the City and the Commonwealth, through counsel, have extensively negotiated the terms of a memorandum of understanding related to the allocation and use of recoveries from the litigation. • Considerations: The City's outside opioid litigation counsel has recommended that the City approve the proposed memorandum of understanding. A copy of the proposed memorandum of understanding is attached to this agenda item. The approval of the resolution would authorize the City's participation in the recently enacted Virginia Opioid Abatement Fund. • Public Information: Dissemination pursuant to regular Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution, Memorandum of Understanding Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney i 11,0 City Manager:. 1 1 A RESOLUTION TO APPROVE PARTICIPATION IN THE 2 VIRGINIA ABATEMENT FUND AND TO AUTHORIZE THE 3 EXECUTION OF A SETTLEMENT ALLOCATION 4 MEMORANDUM OF UNDERSTANDING 5 6 WHEREAS, the City of Virginia Beach (the "City"), through its elected 7 representatives and counsel, and the Commonwealth of Virginia, through the Office of 8 the Attorney General, are separately engaged in national litigation seeking to recover 9 costs incurred and to be incurred in abating the opioid addiction epidemic that plagues 10 Virginia communities; 11 12 WHEREAS, the City and the Commonwealth of Virginia share a common desire 13 to abate and alleviate the impacts of the opioid addiction epidemic and to maximize 14 litigation recoveries from those third parties responsible for the same; 15 16 WHEREAS, in order to advance their common interests, Virginia localities 17 including the City and the Commonwealth of Virginia, through counsel, have extensively 18 negotiated the terms of a memorandum of understanding relating to the allocation and 19 use of such litigation recoveries; 20 21 WHEREAS, the City's outside opioid litigation counsel has recommended that the 22 City approve the proposed memorandum of understanding; and 23 24 WHEREAS, the City Attorney has reviewed the available information about the 25 proposed memorandum of understanding and concurs with the recommendation of 26 outside counsel; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council, a quorum of which is present on this day, hereby authorizes and 32 approves, or confirms authorization and approval, of the Virginia Abatement Fund and 33 Settlement Allocation Memorandum of Understanding attached hereto and incorporated 34 herein by reference thereto as Exhibit"A", and it directs the City Manager to execute and 35 enter into such Memorandum of Understanding on behalf of the City. 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: City Manager's Office City Attorney's Office CA15512 R-1 August 3, 2021 VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING WHEREAS,the people of the Commonwealth of Virginia and its communities have been harmed through the national and statewide epidemic caused by licit and illicit opioid use and distribution within the Commonwealth of Virginia; WHEREAS, the Commonwealth of Virginia, through the Office of Attorney General Mark R. Herring, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the Pharmaceutical Supply Chain accountable for the damage caused; WHEREAS,the Commonwealth of Virginia and its Political Subdivisions share a common desire to abate and alleviate the impacts of the opioid epidemic throughout Virginia; and now THEREFORE, the Commonwealth of Virginia and certain of its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of any Settlements as described herein. A. Definitions As used in this Virginia Term Sheet: 1. "The Commonwealth" shall mean the Commonwealth of Virginia acting through its Attorney General. 2. "Political Subdivision(s)" shall mean the Virginia counties and independent cities represented by Counsel. 3. "Participating Political Subdivisions" shall mean the Political Subdivisions, along with all Virginia counties and independent cities who agree to become signatories to this MOU and to be bound by the terms of future Settlements. 4. "Counsel" shall mean the undersigned private attorneys representing the Political Subdivisions. 5. "The Parties" shall mean the Commonwealth of Virginia, the Political Subdivisions, and Counsel. 6. "Negotiating Committee" shall mean a three-member representative group of the Parties. The Commonwealth shall be represented by the Virginia Attorney General or his designees. The Political Subdivisions and Counsel shall be represented by W. Edgar Spivey of Kaufman & Canoles, P.C. or his designee, and J. Burton LeBlanc of Baron& Budd, P.C. or his designee. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant named in Complaints filed by all the Political Subdivisions in court on or before April 30, 2020 when that resolution has been jointly entered into by the Commonwealth, the Political Subdivisions, and Counsel. "Settlement" also shall include the approval by a United States Bankruptcy Court of a plan of reorganization or liquidation of a Pharmaceutical Supply Chain Participant, or any other determination, ruling, or decision by a United States Bankruptcy Court, in which legal or equitable claims against the Pharmaceutical Supply Chain Participant by the Commonwealth and the Political Subdivisions are settled,adjudicated,released, or otherwise resolved. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Approved Abatement Purposes" shall mean efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the 2 opioid epidemic, including but not limited to those efforts described in Section C(4)(a) through (j) of this MOU. In addition, "Approved Abatement Purposes" shall include the types of efforts approved for funding by the Authority that is defined in Section C(1). "Approved Abatement Purposes" also shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlement. 10. "Pharmaceutical Supply Chain"shall mean the process and channels through which opioids or opioid products are manufactured, marketed, promoted, distributed or dispensed. 11. "Pharmaceutical Supply Chain Participant"shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. B. Allocation of Settlement Proceeds 1. All Opioid Funds shall be initially divided with fifteen percent (15%) going to the Participating Political Subdivisions ("Subdivision Share"), seventy percent (70%) going to the Virginia Opioid Abatement Fund and to other Approved Abatement Purposes as further described herein ("Opioid Abatement Share"), and fifteen percent (15%) going to the Commonwealth of Virginia("Commonwealth Share"). 2. The Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. 3 3. In the event a Participating Political Subdivision merges, dissolves, or ceases to exist,the allocation percentage for that Participating Political Subdivision shall be redistributed equitably based on the composition of the successor subdivision. 4. The Commonwealth Share shall be deposited to the Attorney General's Regulatory. Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund with moneys transferred to the Commonwealth's General Fund as provided by law. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Commonwealth Share shall be deposited and distributed accordingly. 5. The Opioid Abatement Share of 70% of the Opioid Funds shall be allocated and paid as follows: a. Fifty-five percent (55%) of the Opioid Funds shall be allocated and paid to the Virginia Opioid Abatement Fund("Fund"). b. Fifteen percent (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes ("Direct Subdivision Abatement Share"). Upon request, a Participating Political Subdivision shall make publicly available information showing the purposes for which the Participating Political Subdivision used Direct Subdivision Abatement Share funds. The Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who 4 elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. 6. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes,then the Subdivision Share and the Commonwealth Share shall be used for Approved Abatement Purposes. 7. To receive funds allocated under this MOU from any Settlement, the Commonwealth and the Participating Political Subdivisions will comply with the terms of any such Settlement, including, among other things, any reporting requirements or restrictions on the use of funds for administrative purposes. C. Virginia Opioid Abatement Fund and Virginia Opioid Abatement Authority 1. The Parties have sought creation of a Virginia Opioid Abatement Authority ("Authority") through legislation submitted to the Virginia General Assembly, which passed in the form attached hereto as Exhibit B. The Authority shall administer the Fund, which also shall be created through the legislation. The Authority shall seek to abate and remediate the opioid epidemic in Virginia through financial support from the Fund in the form of grants,donations,or other assistance, for efforts to treat,prevent,and reduce opioid use disorder and the misuse of opioids in Virginia. 2. The Authority shall be governed by a Board of Directors consisting of 11 members as follows: (i)the Secretary of Health and Human Resources, or his designee; (ii) the Chair of the Senate Committee on Finance and Appropriations or his designee and the Chair of the House Committee on Appropriations or his designee; (iii) an elected member of the governing body of a Participating Political Subdivision, to 5 be selected from a list of three submitted jointly by the Virginia Association of Counties and the Virginia Municipal League; (iv) one representative of a community services board or behavioral health authority of an urban or suburban region containing Participating Political Subdivisions and one representative of a community services board or behavioral health authority of a rural region containing Participating Political Subdivisions, each to be selected from lists of three submitted by the Virginia Association of Community Services Boards; (v) one sheriff of a Participating Political Subdivision,to be selected from a list of three submitted by the Virginia Sheriffs' Association; (vi) one licensed, practicing City or County Attorney of a Participating Political Subdivision, to be selected from a list of three submitted by the Local Government Attorneys of Virginia; (vii) two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment; and (viii) one representative of the addiction and recovery community. a. The members appointed pursuant to clause (i) shall serve ex officio, and the members appointed pursuant to clauses(iii)through(viii)shall be appointed by the Governor. b. After an initial staggering of terms, members of the Board shall serve terms of four years. No member shall be eligible to serve more than two terms. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms. Ex officio members shall serve terms coincident with their terms of office. 6 c. The Board shall elect annually a chairman and vice-chairman from among its membership. The chairman, or in his absence the vice-chairman, shall preside at all meetings of the Board. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. The Board shall meet annually or more frequently at the call of the chairman. 3. The Authority shall establish specific criteria and procedures for awards from the Fund; establish requirements for the submission of funding requests; evaluate funding requests in accordance with the criteria established by the Authority;make awards from the Fund in a manner that distributes funds equitably among all community services board regions of the Commonwealth, including the establishment of minimum percentages of funds that must be awarded to each Participating Political Subdivision; and evaluate the implementation and results of all efforts receiving support from the Authority. 4. The Authority may make grants and disbursements from the Fund that support efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemic. Such efforts may include but shall not be limited to the following: a. Support treatment of opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence- informed methods,programs, or strategies. b. Support people in recovery from opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods,programs, or strategies; 7 c. Provide connections to care for people who have, or are at risk of developing, opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; d. Support efforts, including law-enforcement programs, to address the needs of persons with opioid use disorder and any co-occurring substance use disorder or mental health conditions who are involved, or are at risk of becoming involved, in the criminal justice system through evidence-based or evidence- informed methods,programs,or strategies; e. Support drug treatment and recovery courts that provide evidence-based or evidence-informed options for people with opioid use disorder and any co- occurring substance use disorder or mental health conditions; f. Support efforts to address the needs of pregnant or parenting women with opioid use disorder and any co-occurring substance use disorder or mental health conditions, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based or evidence-informed methods, programs,or strategies; g. Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed methods, programs, or strategies; h. Support efforts to discourage or prevent misuse of opioids through evidence- based or evidence-informed methods,programs, or strategies; 8 i. Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed methods, programs, or strategies; and j. Support efforts to provide comprehensive resources for patients seeking opioid detoxification, including detoxification services. 5. The Authority shall provide financial support only for efforts that satisfy the following conditions: a. The efforts shall be conducted or managed by a Virginia state agency or Participating Political Subdivision; b. No support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of funding; c. No support provided by the Authority shall be used by the recipient for indirect costs incurred in the administration of the financial support or for any other purpose proscribed by the Authority; and d. Recipients of support provided by the Authority shall agree to provide the Authority with such information regarding the implementation of the effort and allow such monitoring and review of the effort as may be required by the Authority to ensure compliance with the terms under which the support is provided. 6. The Authority shall give priority to applications for financial support for efforts that: 9 a. Collaborate with an existing program or organization that has an established record of success treating, preventing or reducing opioid use disorder or the misuse of opioids; b. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a community with a high incidence of opioid use disorder or opioid death rate relative to population; c. Treat, prevent or reduce opioid use disorder or the misuse of opioids in a historically economically disadvantaged community, as that term is defined in Va. Code § 56-576; or d. Include a monetary match from or on behalf of the applicant, with higher priority given to an effort with a larger matching amount. 7. For every deposit to the Fund,the Authority shall allocate a portion to the following purposes: a. Fifteen percent(15%) shall be restricted for use by state agencies; b. Fifteen percent (15%) shall be restricted for use by Participating Political Subdivisions with these funds distributed in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. c. Thirty-five percent (35%) shall be restricted for use for regional efforts (a partnership of at least two Participating Political Subdivisions within a community services board region);and 10 d. Thirty-five percent (35%) shall be unrestricted and may be used to fund the Authority's staffing and administrative costs and may be distributed for use by state agencies,by the Participating Political Subdivisions,or for regional efforts in addition to the amounts set forth in subparagraphs 7(a)-(c),provided that the Authority shall ensure that such funds are used to accomplish the purposes described above or invested as described immediately below. 8. In distributing money from the Fund, the Authority shall balance immediate and anticipated needs with projected receipts of funds in order to best accomplish the purposes for which the Authority is established. 9. The Board may designate any amount from the Fund to be invested,reinvested,and managed by the Board of the Virginia Retirement System. D. Payment of Counsel and Litigation Expenses 1. The Parties anticipate that any national Settlement will provide for payment of all or a portion of the attorneys' fees and litigation expenses of named plaintiff Participating Political Subdivisions. Counsel for any named plaintiff Participating Political Subdivision that seeks to recover attorneys' fees and litigation expenses from Settlement funds shall first seek to recover such fees and expenses from any national Settlement fund established to pay such fees and expenses. For such purposes,the Parties agree that the monetary recoveries obtained via Settlement are attributable to the Commonwealth and the Political Subdivisions 50%each. 2. In addition,the Parties agree that a supplemental attorneys' fees and costs fund(the "Deficiency Fund")will be created;provided,however,that such Deficiency Fund may not violate the terms of any national Settlement. In such event, the Parties 11 agree to exert diligent efforts to accomplish an alternate arrangement that preserves the payment of counsel and litigation expenses outlined hereunder. Administration of the Deficiency Fund shall be the responsibility of the Political Subdivisions,and the costs of administration may be paid out of the Deficiency Fund. 3. The Deficiency Fund is to be used to compensate counsel for the Participating Political Subdivisions that filed suit on or prior to April 30, 2020. Eligible contingent fee contracts shall have been executed on or before April 30,2020. 4. The Deficiency Fund shall be funded as follows: from any national Settlement,the funds deposited in the Deficiency Fund shall be 25%of the Subdivision Share and 25% of the Direct Subdivision Abatement Share of each payment (annual or otherwise)that is allocated to the Commonwealth of Virginia(including its political subdivisions) for that Settlement. These funds shall be deposited to the Deficiency Fund prior to distribution to the Participating Political Subdivisions. No portion of the Deficiency Fund shall be drawn from the Commonwealth Share or the Fund. 5. The maximum percentage of any contingency fee agreement permitted for compensation shall be 25% of the portion of the Subdivision Share and the Direct Subdivision Abatement Share attributable to the named plaintiff Participating Political Subdivision that is a party to the contingency fee agreement,plus expenses attributable to that named plaintiff Participating Political Subdivision. Under no circumstances may counsel collect more for its work on behalf of a named plaintiff Participating Political Subdivision than it would under its contingency agreement with that named plaintiff Participating Political Subdivision. 12 6. To the extent that funds available in the designated amounts or percentages set forth in this Section D are inadequate to fully pay amounts due under contingent fee contracts, funds shall be distributed to private counsel for named plaintiff Participating Political Subdivisions who filed suit and entered into contingent fee contracts prior to April 30, 2020 on a pro rata basis based on the percentage of the total population of named plaintiff Participating Political Subdivisions contained in the named plaintiff Participating Political Subdivision that private counsel represents. 7. Any funds remaining in the Deficiency Fund in excess of the amounts needed to cover private counsel's representation agreements shall revert to the Participating Political Subdivisions and be allocated to the sources from which they derived. 8. Any attorneys'fees related to representation of the Commonwealth of Virginia shall not be paid from the Subdivision Share, the Direct Subdivision Abatement Share, or the Fund but shall be drawn directly from the Commonwealth Share or through other sources. Any payments of attorneys' fees related to representation of the Commonwealth of Virginia from such other sources shall not be deemed Opioid Funds subject to allocation under this MOU. E. Settlement Negotiations 1. The Negotiating Committee members agree to inform each other in advance of any negotiations relating to any Virginia-only Settlement with a Pharmaceutical Supply Chain Participant that includes both the Commonwealth and its Political Subdivisions and shall provide each other the opportunity to participate in such negotiations. 13 2. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants. Neither this provision,nor any other,shall be construed to state or imply that the Commonwealth or the Political Subdivisions are unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather,while the Commonwealth's and the Political Subdivisions'efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 3. As this is a Virginia-specific effort, the Negotiating Committee shall be chaired by the Attorney General or his designee. 4. The Commonwealth of Virginia, the Political Subdivisions, or Counsel may withdraw from coordinated Settlement discussions detailed in this Section upon 5 days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section E. 5. The obligations in this Section E shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case-specific resolution with that particular Pharmaceutical Supply Chain Participant. 14 6. Nothing in this MOU alters or changes the right of the Commonwealth or any Political Subdivision to pursue its own claim. The intent of this MOU is to join the Parties to reach a Settlement or Settlements. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above MOU, including comments solicited from client Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the Commonwealth and its Political Subdivisions to cooperate in exploring all possible means of resolution.Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require acceptance by the Commonwealth of Virginia and the Participating Political Subdivisions. We, the undersigned, hereby accept the VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING. We understand that the purpose of this MOU is to permit collaboration between the Commonwealth of Virginia and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential Settlement funds obtained under this MOU between the Commonwealth of Virginia and the Participating Political Subdivisions in a manner that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Virginia. Executed this day of , 2021. FOR THE COMMONWEALTH OF VIRGINIA: MARK R. HERRING ATTORNEY GENERAL 15 FOR POLITICAL SUBDIVISIONS AND COUNSEL(list firms) 16 EXHIBIT A Table 1: Opioid Settlement Allocations to Counties and Independent Cities Location % Location % Location % Accomack 0.348% Franklin City 0.079% Norton City 0.110% Albemarle 0.863% Frederick 1.277% Nottoway 0.133% Alexandria City 1.162% Fredericksburg City 0.524% Orange 0.638% Alleghany 0.213% Galax City 0.139% Page 0.410% Amelia 0.100% Giles 0.409% Patrick 0.329% Amherst 0.299% Gloucester 0.424% Petersburg City 0.395% Appomattox 0.133% Goochland 0.225% Pittsylvania 0.750% Arlington 1.378% Grayson 0.224% Poquoson City 0.186% Augusta 0.835% Greene 0.178% Portsmouth City 1.937% Bath 0.037% Greeneville 0.124% Powhatan 0.262% Bedford 0.777% Halifax 0.353% Prince Edward 0.190% Bland 0.147% Hampton City 1.538% Prince George 0.351% Botetourt 0.362% Hanover 1.079% Prince William 3.556% Bristol City 0.434% Harrisonburg City 0.523% Pulaski 1.061% Brunswick 0.107% Henrico 4.473% Radford City 0.247% Buchanan 0.929% Henry 1.220% Rappahannock 0.091% Buckingham 0.127% Highland 0.023% Richmond 0.084% Buena Vista City 0.078% Hopewell City 0.344% Richmond City 4.225% Campbell 0.456% Isle of Wight 0.356% Roanoke 1.498% Caroline 0.318% James City 0.612% Roanoke City 1.859% Carroll 0.440% King George 0.306% Rockbridge 0.235% Charles City 0.073% King William 0.178% Rockingham 0.614% Charlotte 0.138% King and Queen 0.072% Russell 1.064% Charlottesville City 0.463% Lancaster 0.135% Salem City 0.786% Chesapeake City 2.912% Lee 0.556% Scott 0.421% Chesterfield 4.088% Lexington City 0.093% Shenandoah 0.660% Clarke 0.125% Loudoun 2.567% Smyth 0.592% Colonial Heights City 0.283% Louisa 0.449% Southampton 0.137% Covington City 0.100% Lunenburg 0.088% Spotsylvania 1.417% Craig 0.070% Lynchburg City 0.816% Stafford 1.443% Culpeper 0.790% Madison 0.163% Staunton City 0.440% Cumberland 0.100% Manassas City 0.452% Suffolk City 0.710% Danville City 0.637% Manassas Park City 0.095% Surry 0.058% Dickenson 0.948% Martinsville City 0.494% Sussex 0.081% Dinwiddie 0.196% Mathews 0.088% Tazewell 1.606% Emporia City 0.050% Mecklenburg 0.344% Virginia Beach City 4.859% Essex 0.101% Middlesex 0.108% Warren 0.766% Fairfax 8.672% Montgomery 1.205% Washington 0.996% Fairfax City 0.269% Nelson 0.147% Waynesboro City 0.363% Falls Church City 0.102% New Kent 0.166% Westmoreland 0.223% Fauquier 1.210% Newport News City 2.047% Williamsburg City 0.086% Floyd 0.182% Norfolk City 3.388% Winchester City 0.649% Fluvanna 0.194% Northampton 0.122% Wise 1.756% Franklin 0.954% Northumberland 0.129% Wythe 0.642% York 0.561% EXHIBIT B Va. Code Ann. § 2.2-2365 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2365. Definitions As used in this article, unless the context requires a different meaning: "Authority"means the Opioid Abatement Authority. "Board'means the board of directors of the Authority. "Community services board region"means a region as determined by the Department of Behavioral Health and Developmental Services for purposes of administering Chapter 5 (§37.2-500 et seq.) of Title 37.2. "Fund"means the Opioid Abatement Fund. "Historically economically disadvantaged community"means the same as such term is defined in §56-576. "Local apportionment formula" means any formula submitted to the Attorney General by participating localities pursuant to the provisions of subsection B of 6 2.2-507 3. "Participating locality"means any county or independent city that agrees to be bound by the terms of a settlement agreement entered into by the Attorney General relating to claims regarding the manufacturing marketing, distribution, or sale of opioids, and that releases its own such claims. "Regional effort"means any effort involving a partnership of at least two participating localities within a community services board region. History 2021, Sp. Sess. I, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. Page 2 of 2 Va. Code Ann. §2.2-2365 End of Document Va. Code Ann. § 2.2-2366 Current through the 2021 Regular Session and Special Session l of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22.AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2366. Opioid Abatement Authority established The Opioid Abatement Authority is established as an independent body. The purpose of the Authority is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund, in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opiotds in the Commonwealth. The Authority's exercise of powers conferred by this article shall be deemed to be the performance of an essential governmental function and matters of public necessity for which public moneys may be spent and private property acquired. History 2021, Sp. Sess. 1, cc. 306, 307 Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. 22.2-2367 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2367. Board of directors; members A.The Authority shall be governed by a board of directors consisting of 11 members as follows: (i)the Secretary of Health and Human Resources or his designee; (ii)the Chair of the Senate Committee on Finance and Appropriations or his designee and the Chair of the House Committee on Appropriations or his designee; (iii) an elected member of the governing body of a participating locality, to be selected from a list of three submitted jointly by the Virginia Association of Counties and the Virginia Municipal League; (iv)one representative of a community services board or behavioral health authority serving an urban or suburban region containing participating localities and one representative of a community services board or behavioral health authority serving a rural region containing participating localities, each to be selected from lists of three submitted by the Virginia Association of Community Services Boards; (v) one sheriff of a participating locality,to be selected from a list of three submitted by the Virginia Sheriffs'Association; (vi)one licensed, practicing county or city attorney of a participating locality, to be selected from a list of three submitted by the Local Government Attorneys of Virginia; (vii)two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment; and (viii)one representative of the addiction and recovery community. The member appointed pursuant to clause (i) shall serve ex officio, and the members appointed pursuant to clauses (iii) through (viii) shall be appointed by the Governor. If the term of the office to which a member appointed pursuant to clause (iii) or (v) was elected expires prior to the expiration of his term as a member of the board, the Governor may authorize such member to complete the remainder of his term as a member or may appoint a new member who satisfies the criteria of clause (iii) or (v), as applicable, to complete the remainder of the term. B.1. After an initial staggering of terms, members of the Board shall serve terms of four years. No member shall be eligible to serve more than two terms. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms 2. Ex officio members shall serve terms coincident with their terms of office. C.The Board shall elect annually a chairman and vice-chairman from among its membership. The chairman, or in his absence the vice-chairman, shall preside at all meetings of the Board. D.A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. E.The Board shall meet annually or more frequently at the call of the chairman. History 2021, So Sess I. cc. 306, 307. Annotations Page 2 of 2 Va. Code Ann. §2.2-2367 Notes EDITOR'S NOTE. — Acts 2021, Sp. Sess. 1, cc. 306 and 307 , cl. 2 provides: "That the initial appointments of nonlegislative citizen members to the board of directors of the Opioid Abatement Authority shall be staggered as follows: (i) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of one year, (ii) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of two years, (iii) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of three years, and (iv)two nonlegislative citizen members appointed by the Governor shall be appointed for a term of four years. For purposes of this enactment, "nonlegislative citizen member' means any member identified in clauses (iii) through (viii) of§ 2.2-2367 of the Code of Virginia, as created by this act. Any nonlegislative citizen member appointed to an initial term of less than four years shall be eligible to serve two additional full four-year terms." EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2368 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22.AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2368. Duties of the Authority The Authority shall: 1 Establish specific criteria and procedures for awards from the Fund; 2. Establish requirements for the submission of funding requests; 3. Evaluate funding requests in accordance with the criteria established by the Authority and the provisions of this article; 4. Make awards from the Fund in a manner that distributes funds equitably among all community services board regions of the Commonwealth, including the establishment of mandatory minimum percentages of funds to be awarded from the Commonwealth to each participating locality; 5. Evaluate the implementation and results of all efforts receiving support from the Authority; and 6. Administer the Fund in accordance with the provisions of this article. History 2021, Sp. Sess. I, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Com:,ary Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann, 2.2-2369 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE 1. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2369. Powers of the Authority In order to carry out its purposes, the Authority may: 1 Make grants and disbursements from the Fund that support efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids or otherwise abate or remediate the opioid epidemic; 2. Pay expenditures from the Fund that are necessary to carry out the purposes of this article, 3. Contract for the services of consultants to assist in the evaluation of the efforts funded by the Authority; 4. Contract for other professional services to assist the Authority in the performance of its duties and responsibilities; 5. Accept, hold, administer, and solicit gifts. grants, bequests, contributions, or other assistance from federal agencies, the Commonwealth,or any other public or private source to carry out the purposes of this article; 6. Enter into any agreement or contract relating to the acceptance or use of any grant, assistance, or support provided by or to the Authority or otherwise in furtherance of the purposes of this article; 7. Perform any lawful acts necessary or appropriate to carry out the purposes of the Authority; and 8. Employ such staff as is necessary to perform the Authority's duties. The Authority may determine the duties of such staff and fix the salaries and compensation of such staff, which shall be paid from the Fund. Staff of the Authority shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees. Staff of the Authority shall not be subject to the provisions of Chapter 29($2.2-2900 et seq.)of Title 2.2. History 2021, Sp. Sess. I, cc. 306, 307 Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021 Page 2 of 2 Va. Code Ann. §2.2-2369 Copyright©2021 by Matthew Bender&Company, Inc.a member of the LexisNexis Group All rights reserved. End of Document Va. Code Ann. § 2.2-2370 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2370. Conditions and restrictions on financial assistance A.The Authority shall provide financial support only for efforts that satisfy the following conditions: 1. The efforts shall be designed to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemic,which may include efforts to: a. Support treatment of opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; b. Support people in recovery from opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; c. Provide connections to care for people who have, or are at risk of developing, opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; d. Support efforts, including law-enforcement programs, to address the needs of persons with opioid use disorder and any co-occurring substance use disorder or mental health conditions who are involved in, or are at risk of becoming involved in, the criminal justice system through evidence-based or evidence- informed methods, programs, or strategies; e. Support drug treatment and recovery courts that provide evidence-based or evidence-informed options for people with opioid use disorder and any co-occurring substance use disorder or mental health conditions; f. Support efforts to address the needs of pregnant or parenting women with opioid use disorder and any co-occurring substance use disorder or mental health conditions and the needs of their families, including infants with neonatal abstinence syndrome, through evidence-based or evidence-informed methods, programs, or strategies; g. Support efforts to prevent overprescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed methods, programs, or strategies; h. Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed methods, programs, or strategies; i. Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed methods, programs, or strategies and j. Support efforts to provide comprehensive resources for patients seeking opioid detoxification, including detoxification services; 2. The efforts shall be conducted or managed by any agency of the Commonwealth or participating locality; 3. No support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of funding; 4. No support provided by the Authority shall be used by the recipient for indirect costs incurred in the administration of the financial support or for any other purpose proscribed by the Authority; and Page 2 of 2 Va. Code Ann § 2.2-2370 5. Recipients of support provided by the Authority shall agree to provide the Authority with such information regarding the implementation of the effort and allow such monitoring and review of the effort as may be required by the Authority to ensure compliance with the terms under which the support is provided. B.The Authority shall give priority to applications for financial support for efforts that: 1 Collaborate with an existing program or organization that has an established record of success treating, preventing, or reducing opioid use disorder or the misuse of opioids; 2. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a community with a high incidence of opioid use disorder or opioid death rate, relative to population; 3. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a historically economically disadvantaged community; or 4. Include a monetary match from or on behalf of the applicant, with higher priority given to an effort with a larger matching amount. History 2021, So. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group All rights reserved. End of Document Va. Code Ann. § 2.2-2371 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2371. Cooperation with other agencies All agencies of the Commonwealth shall cooperate with the Authority and, upon request, assist the Authority in the performance of its duties and responsibilities. History 2021, Sp. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. 4 2.2-2372 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2372. Form and audit of accounts and records A.The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes. B.The accounts and records of the Authority are subject to an annual audit by the Auditor of Public Accounts or his legal representative. History 2021, SD. Sess. I, cc. 306, 307 . Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company, Inc.a member of the LexisNexis Group.Ail rights reserved. End of Document Va. Code Ann. § 2.2-2373 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2.ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2373. Annual report The Authority shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Authority no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. The executive summary shall include information regarding efforts supported by the Authority and expenditures from the Fund. History 202 1, SD. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. 2.2-2374 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2.ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2374. Opioid Abatement Fund A.There is hereby created in the state treasury a special, nonreverting fund to be known as the Opioid Abatement Fund, referred to in this section as"the Fund,"to be administered by the Authority.Ali funds appropriated to the Fund, all funds designated by the Attorney General under$2.2-507.3 from settlements, judgments,verdicts, and other court orders relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids, and any gifts, donations, grants, bequests, and other funds received on the Fund's behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it.Any moneys remaining in the Fund at the end of each fiscal year, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund, which may consist of grants or loans, shall be authorized by majority vote of the Board. B.Moneys in the Fund shall be used to provide grants and loans to any agency of the Commonwealth or participating locality for the purposes determined by the Authority in accordance with this article and in consultation with the Office of the Attorney General. The Authority shall develop guidelines, procedures, and criteria for the application for and award of grants or loans in consultation with the Office of the Attorney General. Such guidelines, procedures, and criteria shall comply with the terms of any applicable settlement, judgment, verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities. C.The Authority shall fund all staffing and administrative costs from the Fund Its expenditures for staffing and administration shall be limited to those that are reasonable for carrying out the purposes of this article. D.For every deposit to the Fund, the Authority shall allocate a portion to the following purposes: 1. Fifteen percent shall be restricted for use by state agencies; 2. Fifteen percent shall be restricted for use by participating localities, provided that if the terms of a settlement, judgment, verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities, require this portion to be distributed according to a local apportionment formula, this portion shall be distributed in accordance with such formula; 3. Thirty-five percent shall be restricted for use for regional efforts; and 4. Thirty-five percent shall be unrestricted. Unrestricted funds may be used to fund the Authority's staffing and administrative costs and may be distributed for use by state agencies, by participating localities, or for regional efforts in addition to the amounts set forth in subdivisions 1, 2, and 3, provided that the Authority shall ensure that such funds are used to accomplish the purposes of this article or invested under subsection F. E.In distributing money from the Fund under subsection D,the Authority shall balance immediate and anticipated needs with projected receipts of funds to best accomplish the purposes for which the Authority is established. Page 2 of 2 Va. Code Ann. §2.2-2374 F.The Board may designate any amount from the Fund to be invested, reinvested, and managed by the Board of the Virginia Retirement System as provided in 51.1-124.40. The State Treasurer is not liable for losses suffered by the Virginia Retirement System on investments made under the authority of this section. History 2021, Sp. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender 8 Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2375 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2375. Exemption from taxes or assessments The exercise of the powers granted by this article shall be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of projects by the Authority and the undertaking of activities in furtherance of the purpose of the Authority constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the Authority under the provisions of this article or upon the income therefrom, including sales and use taxes on tangible personal property used in the operations of the Authority, and shall at all times be free from state and local taxation. The exemption granted in this section shall not be construed to extend to persons conducting on the premises of a facility businesses for which local or state taxes would otherwise be required. History 2021, SD. Sess. I, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. ¢ 2.2-2376 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2.ADMINISTRATION OF GOVERNMENT > SUBTITLE 1. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2376. Exemption of Authority from personnel and procurement procedures The provisions of the Virginia Personnel Act(§2.2-2900 et seq.)and the Virginia Public Procurement Act(§2.2- 4300 et seq.)shall not apply to the Authority in the exercise of any power conferred under this article. History 2021, Sp. Sess. 1, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company,Inc. a member of the LexisNexis Group.All rights reserved. End of Document t ,(41" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the Issuance of Residential Care Facility Revenue Bonds (Westminster-Canterbury on Chesapeake Bay) MEETING DATE: August 17, 2021 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury on Chesapeake Bay ("Westminster-Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $110,000,000 (the "Bonds"), to (i) finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments, memory support apartments, adult care program and dining venues and other amenities over one level of parking, as well as renovation to the existing East Tower campus to create additional independent living apartments with new lighting, plumbing, HVAC, laundry and finished; and (ii) finance and refinance other capital projects at Westminster-Canterbury's existing community all within the existing structures or existing parking facilities located at the community and amounts required for reserves, working capital, capitalized interest, cost of issuance and other financing expenses related to the issuance of the Bonds. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing will be held on August 17, 2021. At the request of Westminster-Canterbury to expedite closing, this matter is being brought before City Council on the same day as the Authority's public hearing and approval. Should the Authority not approve issuance of the Bonds,this matter will be deferred from City Council's agenda. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. Westminster-Canterbury is a not-for-profit assisted living facility providing residential care for the aged available to residents of the City. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution Submittal Letter to Council w/attachments: - Notice of Public Hearing - Authority's Resolution - Statement of Authority - Fiscal Impact Statement - Economic Impact Statement - Summary Sheet - Economic Development's Letter to Authority Location Map Disclosure Statement Recommended Action: Approval Submitting Department / Agency: Economic Development City Manager: (40 1 RESOLUTION APPROVING THE ISSUANCE 2 OF RESIDENTIAL CARE FACILITY REVENUE 3 BONDS (WESTMINSTER-CANTERBURY ON 4 CHESAPEAKE BAY) 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has 7 approved the application of Westminster-Canterbury on Chesapeake Bay ("Westminster- 8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100 9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the 10 Authority issue up to $110,000,000 of its revenue bonds in one or more series at one time 11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster- 12 Canterbury in order: 13 14 (1) to finance and refinance the acquisition, design, construction and 15 equipping of an up to seven-story assisted living and memory care building with additional 16 licensed assisted living apartments, memory support apartments, adult care program and 17 dining venues and other amenities over one level of parking, as well as renovations to the 18 existing East Tower campus to create additional independent living apartments with new 19 lighting, plumbing, HVAC, laundry and finishes; and 20 21 (2) to finance and refinance other capital projects at the Community all within the 22 existing structures or existing parking facilities located at the Community and amounts 23 required for reserves, working capital, capitalized interest, costs of issuance and other 24 financing expenses related to the issuance of the Bonds. Items (1) and (2) above are 25 collectively referred to as the "Plan of Finance". 26 27 WHEREAS, the Authority held a public hearing on August 17, 2021, regarding the 28 Plan of Finance; 29 30 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 31 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 32 private activity bonds and over the area in which any facility financed with the proceeds 33 of private activity bonds is located must approve the issuance of the bonds and Section 34 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 35 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 36 approval; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 40 the Bonds are located in the City and the City Council of the City of Virginia Beach, 41 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 42 43 WHEREAS, the Authority has recommended that the Council approve the Plan of 44 Finance and the issuance of the Bonds; and 45 WHEREAS, a copy of the Authority's inducement resolution approving the 46 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public 47 hearing and a Fiscal Impact Statement have been filed with the City Clerk. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA: 51 52 1. The Council hereby approves the issuance of the Bonds, in an aggregate 53 principal amount up to $110,000,000, by the Authority for the benefit of Westminster- 54 Canterbury, solely to the extent required by Section 147(f) of the Code and Section 15.2- 55 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 56 57 2. The approval of the issuance of the Bonds does not constitute an 58 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 59 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of 60 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a 61 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any 62 political subdivision thereof, including the Authority and the City. 63 64 3. This resolution shall take effect immediately upon its adoption. 65 66 Adopted by the City Council of the City of Virginia Beach, Virginia, on 67 , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ' SUFFICIENCY: ri11I Econial Development City Attorney CA15393 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p038\00742617.docx R-1 August 10, 2021 2 VIRGINIA BEACH ECONOMIC DEVELOPMENT August 13,2021 The Honorable Robert M. Dyer,Mayor Members of City Council Municipal Center Virginia Beach,Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Revenue Bonds Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of Westminster-Canterbury on Chesapeake Bay's application for the issuance of residential care facility revenue bonds in an amount not to exceed$110,000,000 for the project located at 3100 Shore Drive,Virginia Beach,Virginia. 1. Certificate of the City of Virginia Beach Development Authority(the"Authority")with the following attachments: a) Evidence of publication of notice of hearing(Exhibit A). b) Summary of the statements made at the public hearing(Exhibit B). c) Authority's Resolution recommending Council's approval(Exhibit C). 2. Statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit D). 3. Fiscal Impact Statement(Exhibit E). 4. Economic Impact Statement(Exhibit F). 5. Summary Sheet(Exhibit G). 6. Letter from Dept. of Economic Development to the Authority commenting on the project(Exhibit H). Please note,as this matter will not be voted on by the Authority until the morning of August 17,2021,several of the attached documents are unsigned. City Council will be provided updated signed documents prior to its consideration of this matter on August 17, 2021. While these documents are in final form (subject only to a report of the comments of any speakers at the public hearing)any changes to these documents will be identified for City Council. Very • ly ours, _ A Taylor%dams Director TVA/AW S/csk Enclosures 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 4686'66419L Xe;•L994'686 008 JO 4949'98£1SL 4d•Z94£3 eiui6Jin'UOeag eiui6J!A•OOL sling'laaJlg u!eyl 9Z54 1N3WdO13A34 DIWONOD3 1HJDV38 VINIOdIA CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies as follows: 1. A meeting of the Authority was duly called and held on Tuesday,August 17,2021, at 8:30 a.m.before the Authority in the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Westminster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation organized under the laws of the Commonwealth of Virginia,and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia(the"Notice"),with the second publication appearing not less than six days nor more than twenty-one days prior to the hearing date. A copy of the Notice is attached and has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of the inducement resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,revoked,rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, as of August 17, 2021. Secretary, City of Virginia Beach Development Authority [SEAL] Exhibits: A- Copy of Certified Notice B - Summary of Statements C-Approving Resolutions EXHIBIT A NOTICE OF PUBLIC HEARING (See Attached) CO VIRGINIA MEDIA Sold To: McGuire Woods Consulting-CU00009970 800 E Canal St,16th Floor Richmond,VA 23219-3916 Bill To: McGuire Woods Consulting-CU00009970 800 E Canal St,16th Floor Richmond,VA 23219-3916 Affidavit of Publication State of Illinois County of Cook Order Number:7008208 Purchase Order: This day,Jeremy Gates appeared before me and,after being duly sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies,LLC in the city of Norfolk,Portsmouth,Chesapeake,Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https://www.publicnoticevirginia.com Published on:Aug 03.2021:Aug 10.2021. C?14/-i— Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 10 day of August,2021 My commission expires November 23,2024 r Notary Signature BRENDAN KOLASA f..T, OfrICIAL SEAL \4 a.`' I Notary Public,Slele of Illii63 i bey Cornmiss;on E>rp res .; November 23,2024 Notary Stamp CIO VIRGINIA NIEorn NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE ISSUANCE OF UP TO S110.000.000 OF ITS REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER- CANTERBURY ON CHESAPEAKE BAY Notice is hereby given that the City of Virginia Beach Development Author- ity(the "Authority"), will hold a public hearing on the application of West- minster-Canterbury on Chesapeake Bay. a Virginia nonstock corporation (-WestminsterCanterbury"). whose address is 3100 Shore Drive.Virginia Beach.Virginia 23451,requesting the Authority issue up to $110.000.000 of its tax-exempt revenue bonds (the 'Bonds"). in one or more series from time to time.The Bonds are expected to be issued as qualified 501(c)(3) bonds as defined in Section 145 of the Internal Revenue Code of 1986.as amended. The Authority will loan the proceeds of the Bonds to Westminster-Canterbury: (1)to finance and refinance the acqui- sition.design,construction and equip- ping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments. memory support apart- ments, adult care program and dining venues and other amenities over one level of parking.as well as renovations to the existing East Tower campus to create additional independent living apartments with new lighting. plumb- ing.HVAC.laundry and finishes:and (2) to finance and refinance other capital projects at Westminster-Can- terbury's existing community all within the existing structures or existing park- ing facilities located at the community (which is located In and around the address stated above) and amounts required for reserves.working capital. capitalized interest,costs of issuance and other financing expenses related to the issuance of the Bonds. THE ISSUANCE OF THE BONDS AS RE- QUESTED BY WESTMINSTER-CANTER- BURY WILL NOT CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OTHER POLITICAL SUBDIVI- SION THEREOF. INCLUDING THE AU- THORITY AND THE CITY OF VIRGINIA BEACH. VIRGINIA. AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVI- SION THEREOF. INCLUDING THE CITY OF VIRGINIA BEACH.VIRGINIA.WILL BE PLEDGED TO THE PAYMENT OF SUCH BONDS BUT WILL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM WESTMINSTERC.ANTERBURY AND PLEDGED TO THE PAYMENT THEREOF. The public hearing. which may be continued or adjourned. will be held at 8:30 a.m. on Tuesday, August 17. 2021. before the Authority. in the Au- thority's offices located at 4525 Main Street, Suite 700, Virginia Beach.Vt- gnia 23462. Any person interested in the issuance of the Bonds may ap- pear at the hearing and present his or her views. Information regarding Westminster-Canterbury 's request Is on file and Is open for inspection at the Authority's office at 4525 Main Street. Suite 700, Virginia Beach, Virginia 23462 during business hours. CITY OF VIRGINIA BEACH DEVELOP- CIO VIRGINIA M E ID I A MINI AUI MUM IY 08/03.08/10/21 7008208 EXHIBIT B SUMMARY OF STATEMENTS* A representative of Westminster-Canterbury on Chesapeake Bay appeared before the Authority to describe the project and the proposed bond issue. (*A summary will be prepared and delivered to City Council on August 17, 2021) EXHIBIT C APPROVING RESOLUTION (See Attached) RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, PROVIDING INITIAL APPROVAL OF THE ISSUANCE OF UP TO $110,000,000 OF REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended(the "Act"),to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia (the "Commonwealth") by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3)of the Internal Revenue Code of 1986, as amended(the "Code"); and WHEREAS, the Authority has received a request from Westminster-Canterbury on Chesapeake Bay, a Virginia nonstock corporation ("Westminster-Canterbury"), whose address is 3100 Shore Drive, Virginia Beach,Virginia 23451 (the"Community"),to issue its revenue bonds (the "Bonds"), in one or more series at one time or from time to time, to provide funds to Westminster-Canterbury: (1) to finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments, memory support apartments, adult care program and dining venues and other amenities over one level of parking, as well as renovations to the existing East Tower campus to create additional independent living apartments with new lighting,plumbing,HVAC,laundry and finishes; and (2) to finance and refinance other capital projects at the Community all within the existing structures or existing parking facilities located at the Community and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. Items (1) and (2) are collectively referred to as the "Plan of Finance"; and WHEREAS,preliminary plans for the Plan of Finance have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Code and Section 15.2- 4906 of the Code of Virginia of 1950, as amended; and WHEREAS, Westminster-Canterbury has represented that the estimated cost of undertaking the Plan of Finance will require an issue of revenue bonds, in one or more series at one time or from time to time, in the aggregate principal amount not to exceed$110,000,000; and WHEREAS, (1)no Commissioner of the Authority is an officer or employee of Westminster-Canterbury or the City of Virginia Beach, Virginia, (2) each Commissioner has, before entering upon his or her duties during his or her present term of office,taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and(3)at the time of their appointments and at all times thereafter, including the date hereof, all of the Commissioners of the Authority have satisfied the residency requirements of the Act; and 102982412.2 WHEREAS, no Commissioner of the Authority has any personal interest or business interest in Westminster-Canterbury,the Bonds, or any of the transactions contemplated therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31,Title 2.2 of the Code of Virginia of 1950, as amended, in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Plan of Finance will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth, the City of Virginia Beach, Virginia and their citizens and in particular, will promote the providing of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The Authority hereby agrees to assist Westminster-Canterbury in undertaking the Plan of Finance by issuing its Bonds upon terms and conditions mutually agreeable to the Authority and Westminster-Canterbury. The Bonds will be issued pursuant to documents satisfactory to the Authority. The Bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Finance, and the planning therefor, the Authority hereby agrees that Westminster-Canterbury may proceed with the Plan of Finance and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided, however, that nothing in this resolution shall be deemed to authorize Westminster-Canterbury to obligate the Authority without the Authority's consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. The Authority hereby agrees that Westminster- Canterbury may be reimbursed from the proceeds of the Bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of Westminster-Canterbury, the Authority hereby approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the Bonds. 5. All costs and expenses in connection with the undertaking of the Plan of Finance, including the fees and expenses of Bond Counsel, shall be paid by Westminster-Canterbury or, to the extent permitted by applicable law, from the proceeds of the Bonds. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by Westminster- Canterbury and that the Authority shall have no responsibility therefor. 6. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the "Council") approve the issuance of the Bonds for the purpose of undertaking the Plan of Finance within 60 days of the date of the adoption of this resolution. -2- 7. Westminster-Canterbury shall indemnify and save harmless the Authority, its officers, Commissioners, counsel, employees and agents, from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with Westminster-Canterbury or the issuance of the Bonds. 8. No Bonds may be issued pursuant to this resolution until such time as the issuance of the Bonds has been approved by the Council and a final resolution is approved by the Authority. 9. This resolution shall be effective immediately and shall continue in full force and effect for a period of one year after adoption, unless specifically extended by the Authority. 10. The Authority directs the Secretary to submit to the Council this resolution, Westminster-Canterbury's Fiscal Impact Statement, and a summary of the public hearing held by the Authority, which constitutes the recommendation of the Authority that the Council approve and concur in the Plan of Finance. [Signature Certificate Follows] -3- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies that the foregoing is a true,correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on August 17, 2021, in accordance with law, and that such resolution has not been repealed,revoked, rescinded or amended but is in full force and effect on the date hereof WITNESS the following signature and seal of the Authority as of August 17, 2021. Secretary [SEAL] EXHIBIT D r VIRGINIA BEACH DEVELOPMENT AUTHORiT , CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $110,000,000 RESIDENTIAL CARE FACILITY REVENUE BONDS WESTMINSTER CANTERBURY ON CHESAPEAKE BAY SERIES 2021 The City of Virginia Beach Development Authority (the"Authority")recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist an existing life-care facility to remain current in meeting new market demands for its services,maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street,Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT E FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date:August 17,2021 To the City Council of the City of Virginia Beach,Virginia Virginia Beach,Virginia Applicant: Westminster-Canterbury on Chesapeake Bay("Westminster-Canterbury") Facility/Plan The financing of improvements to Westminster-Canterbury's campus Finance: 1. Maximum amount of financing sought $110,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. $85,000,000 3. Estimated real property tax per year using present tax rates. $219,000 4. Estimated personal property tax per year using present tax rates. $0 5. Estimated merchants'capital tax per year using present tax rates. $0 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia $10,109,000 companies within the locality (b) Estimated dollar value per year of goods that will be purchased from $1,018,000 non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be purchased from Virginia $7,278,000 companies within the locality (d) Estimated dollar value per year of services that will be purchased from $408,000 non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis. 81 8. Average annual salary per employee(with benefits). $50,320 City of Virginia Beach Development Authority By: Name: Title: EXHIBIT F ECONOMIC IMPACT STATEMENT FOR BOND ALLOCATION REVIEW 1-1802466.2 Economic Impact Statement 1. Amount of Investment $ 110,000,000 2. Amount of industrial revenue bond financing sought 110,000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 85.000,000 4. Estimated real property tax per year using the 219,000 present tax rate 5. Estimated personal property tax 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs 81,IFTE1)_ B. Payroll generated $3,354,000 Avg Wage$41,407 With benefits $4,076,000 Avg Wage $50,320 C. Number of jobs retained 441 (FTEs) D. Payroll retained $ 20,065,000 Avg Wage$45,498 With benefits $24.191,000 Avg Wage$54,855 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type(Inventory,Machinery,Professional Services, Insurance,Motor Vehicles,etc.): Type—New Project Only Value Food supplies $ 383,000 Other supplies and services $ 408,000 Utilities $ 417,000 insurance $ 71,000 All_Other __------------_--,- $ 147,000 Total $1,426,000 Type—Total. to include existing ops Value Food supplies $ 2.995.000 Other supplies and services -_ $ 7,278,000 Utilities $ 1,961.000 Insurance $ 1.188.000 Other Professional Fees $ 469,000 Page 1 of 2 I-1802466.2 Economic Impact Statement Training,Travel.Recruitment $ 678,000 All Other $ 2,818,000 Total $ 17,387,000 F. Estimated building permit fee and other municipal fees permit/fees$ 12,750 Gross Receipt tax$ 111,683 G. Estimated construction payroll $12,500,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $10,000,000 I. Estimated number of construction jobs 1500 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use being proposed for the industrial revenue bond financing? __ Yes X No (pending) 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy)_Yes_X_No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution?_X_Yes No. 10. Location of project(attach location map) Attached 11. Explanation of alternative financing that has been reviewed for the project_ N/A Page 2 of 2 1-I 802466.2 Westminster-Canterbury on Chesapeake Bay -Google Maps Page 1 of I 3 CL 91e Maps Westminster-Canterbury on Chesapeake Bay .. • ... .lam i y ph' • f _1-KlhthOits � Cie Herrry a� +t _ ' r PUS[4.kh ary Fun;i:prv" _ • • • . • •a ' nmsger-Cantpt. , .4 • • r • • - i. k9 : th -{' � 4. ... ' a, K. yeee,.;? , � . x ..rR tt S i LAY.14 CRHQ , yatFdr r° gay takee x . f � .n.A'' ed Living:- ;, . g .,,, u� i i � >.e •., g.. .' , . QYSt4H - . • • • ki t' 06 � r ! • + •• • :k„ �Silmer.Fl[ISAt Great . `r •� Neck• •• :nerr+g; • <rt, Ieygogd Hak 9 • r : r ix ,» ' Apartrntrnls • ." ° ' Fop n Old Donation Apartments " • ' �� p4, �.. "o • ."_: Aifia Viraini 9each'y!'. • The Memory C nter.V .6. hl@:3t J'1r 7i<l1'a .. BesiCi� :: Virgitlla ii:Commonweaith .. c Map data 62018 Google 1 mi t + https://www.google.com/maps/place!Westminster-Canterbury+on+Chesapeake+Bay/(cry,36.8952d07,-76.0574658,13z/data=!4m5!... 6/6/20 18 Healthcare Building WCCB Strategic Expansion Project 7/29/2021 BUDGET ITEM No. Initial Project Current New DESCRIPTION OF WORK Providing Firm Budget Approved Proposed Revenue Budget Budget _ Construction - Direct 10,00 Healthcare Building $ 65,738,1913 101 Includes Connector Bridge to Campus $ 2,450,350 102 Site work and modifications to existing parking 20.00 East Tower Renovation $ 15,307,406 S 17,215,050.00 30,00 Utility Connection Fees $ 438,000 Electrical Dominion Additional Light Poles Required by CoVB Dominion Water Meter Fees City of VB Natural Gas VA Nat.Gas Tele Comm/Broadband TBD 40.00 Utility Usage Fees During Construction $ 54,000 Operations Electrical Dominion Natural Gas VA Nat.Gas Water City of VB Sanitary HRSD 50100 Low Voltage $ 600,000 101 Nurse Call System 102 Wander-Guard System 103 Security Cameras/Access Control '04 IT Cabling 105 A/V Cabling _____....... .._ . i06 Fire Alarm Monitoring Services `07 Emergency Responder System 60 00 Resident Customizations $ 1,530,740.56 Healthcare Building vV[ca Strategic Expansion Project 7/29/2021 ' 'ol Resident Customization Fund ______-_-- ---- -----' !70'100 MJsc. Construction Costs(not Included above) | \ � ��n.� __--_- - 101 Commissioning Inspections . _ _'__- --'-- ---� ---`', —' -``--�--r iiloo Owner's Construction @ S% � 4,106,90813. | � � i � TOTAL ��Y� ' � ] � --_-_—� - � . , � -Undirect ' _ ioLp� Construction Management X75,000101 Owners Rep Fee ' ;04 Construction Monitor i Permits and Fees $ ��0� -_ 1 --_ . vSMrpe"n�___ ____ ________�__ ______^ ~______� . ��m -- � �^--___-__-_' ____-- km Site Plan Permit Review fees ' zomm City Required Bonds � Right of Way Bonds ___. \ po suormwaaeraond___________________ �_________ | ' 30100 Furnishings,Fixtures,and Equipment _ $ 5,250,000 ' Interior Designer � _ ____ - --'-- ---------�------'' --|`------------ - ��/ob � . .oz Furniture&Upholstering ] ,Uu | ' Healthcare Building WCCB Strategic Expansion Project 7/29/2021 _ 03 Accessories,Art,Plants _ I 1 �~ 1 04 Freight,Install,Warehousing 1 ! 'i 40100 Equipment-IT/AV y�Y $ 186,000 f 01 Televisions/Flat Screen Displays(in Rooms) j • i02 Televisions/Flat Screen Displays(Commons) I ;03 Other A/V Equipment Speakers , I iO4 Telcom Equipment I 1 05 IT Equipment(Servers and Access Points) I t 106 Computer Hardware and Software , 07 Other 50 00 Equi ment-Foodservice $ 2,125,000 L 01 Kitchen Designer i ;02 Small wares and Tools(HCB) 103 Kitchen Equipment(HCB Kitchens) ~ y ,04 Kitchen Equipment(tL Resident Roonts) 60100 Equipment-Laundry -.--. .__._ice._,._ _�..._....__..._—.-..__. i02 Wundry Equipment HCB $ 167,000 1 f _ ______ ___._ ___ _.. ___ _f.._._ t ____._.__ i -- --__._ i 70 00 Equipment-Operations $ 38,500 _11 ! Maintence Small Tools Maintence Equipment .__..___..._.__........ _.._..__..._._..__!_......._.�.....___:__._._. Vehicles I —_._J.___I__ �_.__,__.____..__.__.__ __..___ .__.__�... _..._..._._._.... _....._.._... _.__r ____...__ 80100 Third Party Testing and Inspections $ 50,000 401 Materials Testing and Inspections GET Solutions I . ' 102 Structural Special Inspections SMF _ _I i TOTAL CONSTRUCTION-INDIRECT COSTS $ 10,091,500 1 1 Healthcare Building WCCB Strategic Expansion Project 7/29/2021 3 land Control I 10 00 Land Options and Purchase i L._ 101 _ Purchase PHce�___ w —ry_ ....._.._.. .__.._. $ 3,000,000 .--._.._.___--___— __ __..._._.-._—_._ 20 00 Engineering and Survey _..._ $ 38,000 1 tol Boundary survey __. ....., i _.— _._._. 102 Preliminary Soils investigation J 4 03 Environmental Survey • f 30100 Legal,Title and Closure $ 186,000 ._.1..______._....., ...__.._.....,__---....._.._ 101 Legal + -� :02 Transfer Taxes __. . _ _� I_ _.____._____ i 30'00 Zoning,Special Permits and Fees $ $5, +01 Zoning Attorney 02 Submission Fees Total Land Control i $ 3,309,000 , I 4 Design and'Engineering i0jo0 Architect and.Consultants $ 1,190,000 i 01 Architect•Healthcare Building D2 ;y 02 Interior Design-Healthcare Building TBD $ 385,000 + +03 Architect-East Tower Renovation Included i •_.____- I 104 Architect-East Tower Personalization _ _,___r: _~ _ _. 4 J 105 Interior Design-East Tower Renovation TBD 06! MEP Design Pace Collaborative consultant of Architects � �07 Other-Wind Study 5 - + 20 00 Civil Engineer $ 92,000 j 101 Engineering/Survey 102 Civil engineering Kimley_Horn _ i 103 landscape Design �. _—� _ V _ -~ WPL $ 45,000 1 Healthcare Building VV[[B Strategic Expansion Project 7/29/2021 iO4 - ---- l | ------' _ _ |n�ahv . �� --[---r-----'- ' -------------'' ' � '' � -----�------'-- ........ ... __ 30,100 mmirribu,sables $ a0,0mo 01 Architect ' -_. _-- .'1-� __-_- ' +_-_ - .___ J. Interiors . � / - 1 04 Other � ! . / i ~" _ _ $ $37,500 East Tower Renovation -_- -`-_-_� �� Parking_- '�--___. ^^-''_-~--'^._' -'_-^-- --_-- _ - ---~--_-4^ -__^ -____ _- Existing �G Revised ! | Total Design and Et,%Meering . � ! / � Olanning and 100 � InItial Planning $ 181,7.50 ' | 1-01 Planning Fee � ' ~------------ - - ` ....Planning and Admin Costs ...... 103 Planning Travel Reimbs. :04 Consultant Fees,Travel,Reimbs. --' - ------�--------l� - - 20i00 Development Fees 1,300,1000 I Developer Fee 00 Administrative Costs $ 38,750 01 Aum�au"c ' Developer--_-___�� i fom Ownerm�xw,�auvecns� -_-� - -_- --_ -_- 3plon_ 50,000 i �u of pees ' � �-- '--r— ' ----'--------'---'----- — ---- 'i- — -- ---�----- | ' - --------' - ' - --- -- -- - - | -- Healthcare Building WCCB Strategic Expansion Project 7/29/2021 T 1 101 Development Travel/Reimb. . i-- 02 Owner and Consultant TraveljReimbur. I ' Total Planning and Development $ 1,570,500 I I 1 ! ' i 6 'Marketing 1 iolo0 staffing $ 125,000 I t01 Salaries __...__........_._._..... f 02 Commissions and Bonases _ __ _. ___.._ __ _. _.... ....._---_..q.. 7 — 103 Benefits(Taxes,Ins,401K...) i-- 1 _... +04 Staff Dev.Educations,Training _.. ..,._....___._.._ ___.........._..... 05 Recruiting 1 20100 Office Operations $ 01 General Office.Exp.&Supplies Rent , i 03 Travel -,_ -- ____.. r--- _ —____ __ ______._.._.____f._._ .__1 __ l ..._.-.. I ;04 Meals&Entertainment 30 00 Advertising,Media&Promotions _.__. $ 75,000 ._ ,..._.. _.._.... ._.j......._......._...._....i._..... _...._... i01 Agency Fee _ _ .___,__,._..__ ___._.. _ __ __ .02 Collateral Markets �i V _ _ 03 Media ' 04 Promotion&Events OS Signage&Displays 06 Other-Contingency i i i I { 70100 Office Design,Finish-out.FFE $ 485;000 i 1 -• [01 Architect/Interior Design I 1 102 Construction/Finish Out ' 103 Furnishings and Equipment 04 Scale Model ! , t........ 105 Add'I Services i Healthcare Building VV[CB Strategic Expansion Project 7/29/I821 ! »oi0m Marketing Costs - --_--_=_-__ | 19TOtal Marketing ! $ 730,000 / 7 M Costs � � ' ' moo �� ---'L-J«i_-_Owner Legal-- |oz Taxes Construction --'--l�-------- � -� � --'.........-- ......... '------- ----- -- R3_ Au dit/insura n ce/Bank fees_- __ 'u« Fees --- ------..... --- ' ' `` ------ `-------------- -` Start-up Expenditures 00 ees -__. Management�� :02Othe Expenditures _ ' To�a WUsceNanemosoevdopmcn�c^»� � | i ^= - � Financing 10j00 Underwriter's Fees&Discounts ' -`--' Underwriter� ------ '- -_-__-_-_ -_-_....... ___' l20,00 Issuance Expenses�Gi Legal Counsel � | _.......... _.___-___ Bond sel � - 102 . '03 Vndenwhte,Counsel :m* Owner Counsel '--�- ^-- -- ........... ----- -- -' -------� - ! ! Authority Counsel ___ _ _| :or, Other _..............' 20100 Issuance Related Expenses | i '.0u / Auth.ority Fees Heabhca,cDvUding VVC[R Strategic Expansion Project 7/29/ZDl1 \ 102 Attorney General --- --- -------- � _ �03 Trustee Fees 104 Actuarial 05 Feasibility-__ J 06 Title ins./Record/Updates _ ..... ..... _ ______________ 07 Financial Advisor mme ................ ______ ______�________ 30100 Funded Credit Costs Capitalized Interest --T-- --�------------- - ---' --~ - ~' - . � Investment Fees � ` Total Financing i $ ' | ! .~ Project Summary Construction-Direct � _ . _ _ � 90,438,683 - ' d Control - _- ' '- � 2,379,500 Manning and Development _ � II$70.500 � 730,00m ' $ - 8! ' �FinandnX $ _ / (Totn Project Budget $ 188�zJ�ua . / EXHIBIT G SUMMARY SHEET CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY REVENUE BOND 1. PROJECT NAME: Westminster-Canterbury on Chesapeake Bay. 2. LOCATION: 3100 Shore Drive,Virginia Beach, Virginia. 3. DESCRIPTION OF PROJECT Revenue bonds (the "Bonds")to (i) finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments,memory support apartments, adult care program and dining venues and other amenities over one level of parking, as well as renovation to the existing East Tower campus to create additional independent living apartment with new lighting,plumbing, HVAC, laundry and finished; and(ii) finance and refinance other capital projects at Westminster-Canterbury's existing community all within the existing structures or existing parking facilities located at the community and amounts required for reserves, working capital, capitalized interest, cost of issuance and other financing expenses related to the issuance of the Bonds. 4. AMOUNT OF BONDS TO BE ISSUED: $110,000,000 5. PRINCIPALS: Board of Trustees, attached. 6. ZONING CLASSIFICATION: a. Present zoning of property: B-4 b. Is rezoning proposed: No. EXHIBIT H VIRGINIA BEACH ECONOMIC DEVELOPMENT August 9,2021 Lisa M. Murphy,Chair Virginia Beach Development Authority 4525 Main Street,Suite 700 Virginia Beach,VA 23462 • Re: Westminster-Canterbury on Chesapeake Bay Dear Lisa: The Department of Economic Development concurs with the issuance of residential care facility revenue bonds in an amount not to exceed$110,000,000 for Westminster-Canterbury on Chesapeake Bay(the"Bonds"). The issuance of the Bonds by the Authority will be in the public interest,will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health,welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services,special care and secure living accommodations for the elderly in accordance with their special needs. The funds are to(i)finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments, memory support apartments,adult care program and dining venues and other amenities over one level of parking,as well as renovation to the existing East Tower campus to create additional independent living apartments with new lighting, plumbing, HVAC, laundry and finished; and (ii)finance and refinance other capital projects at Westminster-Canterbury's existing community all within the existing structures or existing parking facilities located at the community and amounts required for reserves,working capital,capitalized interest, cost of issuance and other financing expenses related to the issuance of the Bonds. I will be happy to answer any questions you may have at our next meeting. Sincerely, Aal Taylor •:ms Director TVA/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 \jYtA.. -_______:01:-N ,,, c:1 L.,' \ ''', re-sqii `'-' r 1 c-fl \ ',, - ts 8 Orti r--- V),1 - - -. '-•77:7----- -11.1111V0\ ..cis-.N \ \ 0-0- ‘ t7 e IV _ _____ _,,:,,,,,_ , .. irli %,,,, c..‘ .011 \ , „--\ i_glir47.s ,:r._P '',\\ '''ii 17 ttt z-e z-e �;____-�-f , ^:1110-- 0 ' �r d- } , ,' ,jb f_�� ___ - -1 ,-/ 4Q sty ,,fin ,0 ___ . ...,___ _...„, f. „:„-_-_--em __ rr 0111 a) „_____\ ,,, ilv_cts .0-----_, -- _____ -- .: ,..----- iiik , r _,„.. .. _____ ,....__„________ , ____, ___,,.,..).__,_. sional, 05 p , ____ .,.... , orc- Lop 1 tt0 ., �� ti-e ii /- 0, ,-- spi - iik,\\,,,-0 ' oh to it, ,, for lt:\,, * -,#' .1 0 •• ...• ,-.......-\,...0- #,# l8d* f ti A.: lit ::\ . --3 \.--\L\ • __,,,,,,,,\\,,,- ji A __•`:\ .-----_____-----1° 4 . • 11„„ B, -1 ` / 40 st t C\ = Ikea 1 • 1 C___-------i-------------- - ------rr 'or ..r tre mi.. 0 \ / �.4 - ;/. 000 and A�i. 1 . 0 47,,,, a i c , k-ii; Lige •\ A Air'4 ak, To-. 70-1. aosa \r r .00' SO 1111 Alb 0-'\J-3 A ',Air 411041 gMa@ __-------- f : ru �-- s7 c...- .c•. . 9Y'.:.� .:. �.1 --,..zi•r s: �'}�y�,,_ ��_▪ a�� .� . � -�.� _ � �� S - �.�°°"� ". � lag! sue' �'L • y�� 3d t- '.. _.,�., N. I -�+� ... a F K�-Lv.3:SW�,1" � � tom' -�awe {� x .ma 's `{ ' R -� ��F�.s, • w" '�. a is a . ti "3r , .t'�r,-, - -,d _ ,- 9 5 ,,- thth it t,-. f 9 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 ail 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 Westminster-Canterbury on Chesapeake Bay Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. J.Benjamin Unkle,Jr.,President&CEO Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attachment • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list If necessary) Westminster-Canterbury on Chesapeake Foundation, Westminster-Canterbury at Home,LLC,Senior Options,LLC,S.O.Realty, LLC,Lynnhaven Fishing Pier Corporation -- '"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, 1iPage V. • • •- ,tiro'%. ._ a„ 7,- �} a �,,-#' ,, I� p ,tom`• may, ;ei Sit. . c i - ^.•`=" .j c�ac•. -_ _ mac, _' _ ,tn" 'r*- LF` _ r 5• - _• ' o f a _-A • a��``.��,� ��• �_ae:• - '�''" '�'� 7ro�v��`��.. �� .x u ' +.. ,.,�h �, •tea, . ,�s+ _J. ,_„--•_,... „, �'. -�. • ..-1&`;., --'.` . . -" .::' . - - Ste ' 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 providing the serice. See attached 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?BE Yes ❑ No • If yes,identify the firm and Individual providing the service. See attached 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?®Yes ❑ No • If yes,identify the firm and Individual providing the service. See attached 5 Is there any other pending or proposed purchaser of the subject property?0 Yes I No • if yes,identify the purchaser and purchaser's service providers. 2 I f'a „ r± • _ r m•Y':t>=t om i.• _`4 -- _�.-i- vv � _ •�` - V: • ,x�.. c�" �-sue '.iLL^,�"- �"'' ai•ti pf sunk � ...'��.m�.' sv•-�v?i_ • §� 7s •i:::c ^-s ��-a+�,s-a. �`- `�Rp��'s�A Y � �r4•'' 3h „" t-� _. ..c-�''Tr. _." * z,'�n° r*i'�'c'rt_' �'' •t,�`'a'S�y:-•— -.- -_ Yx! - Lp • 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. See attached 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. See attached 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. A is nt Sig t re .8e •amin nkle,Jr.,CEO and President Print Name and Title July 29,2021 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, gRClTY SE t3NlYJ Alititsclosuresmust beupdated two(2)weeks prior to anyt?lanning Commission iiiiiiiiiiiiiiiiiiii meeting thatJpertainsto the applications No changes as of Date Signature Print Name Mage WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY EXHIBIT A DISCLOSURE STATEMENT FORM SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal Clifton LarsonAllen 227 West Trade Street,Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 5701 Patterson Avenue,Suite 200 5701 Patterson Avenue,Suite 200 Richmond,VA 23226 Richmond,VA 23226 804-793-8487 804-793-8487 Co-Manager: 1-1801264.1 3. Legal Services: Bond Counsel: General Counsel: David L. Richardson Hugh L. Patterson Thomas William (TW_) Bruno Willcox&Savage, P.C. McGuire Woods LIP 440 Monticello Avenue 800 East Canal Street Suite 2200 Richmond, VA 23219 Norfolk,VA 23510 804-775-1030 757-628-5557 Brian C. Purcell Willcox&Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox&Savage, P.C. 757-628-5595 Underwriter's Counsel �T Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street,Suite 1850 Richmond, VA 23219 704-771-7934 2 1-160 1264.1 4. Construction Services General Contractor l — �-_--- John Berotti --�----_---- The Whiting-Turner Contracting Company 1317 Executive Boulevard, Suite 120 Chesapeake, VA 23320 757-382-0002 5. Design Services Architect David Dillard --�—�— HKS Inc. P. O. Box 731121 Dallas, TX 75373-1121 214-969-5599 3 J-1801264.1 EXHIBIT B DISCLOSURE STATEMENT FORM WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Richard B. Thurmond, Chair Richard C. Burroughs, Vice Chairman John D.Cavanaugh, CPA,Treasurer Lisa B. Smith,Esquire,Secretary J. Benjamin Unkle,Jr., President& CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident Sr.Health Operations Mark Borst, VP of Development& General Services Board of Trustees Richard B. Thurmond Richard C. Burroughs John D. Cavanaugh, CPA Lisa B. Smith,Esquire Dr. Townsend Brown,Jr., DDS PC Dennis G. Manning Ronald"Ron"C. Ripley Charles D. Robison George I. Compo Jane Cady Rathbone Dr. George Wong Katherine C. Willis Elwood B. Boone, III The Rev.Albert G. Butzer, Ill Ex-Officio The Rt. Rev.Susan Haynes The Rev. Liza Hendricks, General Presbyter Ir I {t 120.1 C > �y�Hu 8��t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to Be Provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2022 MEETING DATE: August 17, 2021 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 22, 2021 , the School Board approved the attached Cooperative Agreement. • Considerations: Pursuant to the Cooperative Agreement, the City Attorney's Office will continue to provide legal services to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney, one Associate City Attorney, and a third attorney (who will be hired as either an Assistant or Associate City Attorney), along with one paralegal and one office assistant, all work in the School Administration Building. The Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office and by outside counsel. The City Council has directed the City Attorney's Office to explore ending the agreement and having the School Board separately contract for its legal counsel, and the City Attorney's Office is evaluating the steps necessary to do so. The City Council intends to discuss this issue at its September retreat. Either party can can terminate the agreement on 90 days' notice to the other party. • Public Information: The ordinance will be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Dyer to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney N.' City Manager: 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2022 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal 10 services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, the City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2022. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1 . That the City Council hereby approves the Cooperative Agreement for FY 21 2022, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: • City Attorney Mark D. Stiles CA15484 R-1 June 23, 2021 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2022 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City,and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter,and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law,including the right to contract and be contracted with, to sue and be sued, and to purchase,take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present,and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives:, The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board,to provide for the delivery Page 2 of 7 of designated legal services to the School Board,and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 '/)attorney positions,one(1)paralegal position,and one(1)office assistant during FY2022. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement,those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Associate City Attorney. An Associate or Assistant City Attorney will be hired in FY22. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office,based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and Page 3 of 7 other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board,the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis,of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Page 4 of 7 Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and,upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration,and shall assist the School Board and School Administration in the management of the School Board's legal matters;and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney,and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but,to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement,and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $673,877.27 from its FY 2022 Operating Budget to the FY 2022 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys, one (1) Paralegal, and one (1) Office Assistant. IDT requests of 50%of the total shall be made by the City and funds transferred by the School Board on or about July first and January first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2021 and ends June 30, 2022, and may be revised,as necessary,and renewed each fiscal year thereafter;provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty(120)days of the date of expiration of this Agreement,or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Either party may terminate the Agreement on ninety(90)days' notice to the other party. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Carolyn Ry Chair School Board of the City of Virginia Beach: This Cooperative Agreement was pproved b majority vote of the School Board of the City of Virginia Beach, Virginia on Laic, i ,2021. By: chool Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: Robert Dyer,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach,Virginia on ,2021. By: City Clerk Page 7 of 7 ,`�v;u aegcy. r.; G. ,-~ 51 :J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as Pike Inlet located at the rear of 329 Teal Crescent. MEETING DATE: August 17, 2021 • Background: James R. Burnell and Elizabeth S. Burnell (the "Applicants") have requested permission to rebuild and maintain an existing 10' x 10' dock and to construct and maintain a proposed 10' x 10' dock addition and 130.5' bulkhead (the "Encroachments') into City-owned property known as Pike Inlet (GPIN: 2433-16- 9348) located at the rear of 329 Teal Crescent (GPIN: 2433-16-7215). The Encroachments will extend 15.5' into Pike Inlet. The shed shown on the exhibit is to be removed or relocated outside of the applicable setbacks. • Considerations: City staff has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the Pike Inlet, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • 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 and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: \N9 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 PIKE INLET 7 LOCATED AT THE REAR OF 329 8 TEAL CRESCENT 9 10 WHEREAS, James R. Burnell and Elizabeth S. Burnell (the "Burnells") have 11 requested permission to rebuild and maintain an existing 10' x 10' dock and to construct 12 and maintain a proposed 10' x 10' dock addition and 130.5' bulkhead (the 13 "Encroachments") into City-owned property known as Pike Inlet (GPIN: 2433-16-9348) 14 located at the real of 329 Teal Crescent (2433-16-7215). The Encroachments will extend 15 15.5' into Pike Inlet; 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 22 OF 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, the Burnells, their heirs, assigns 26 and successors in title are authorized rebuild and maintain an existing 10'x 10'dock and to 27 construct and maintain a proposed 10' x 10' dock addition and 130.5' bulkhead in the City's 28 property as shown on the Exhibit entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST 29 FOR: REBUILD AND ENLARGE EXISTING DOCK, NEW BULKHEAD WATERWAY: MAN- 30 MADE CANAL PIKE INLET TO NORTH BAY FOR: JAMES R. BURNELL& ELIZABETH S. 31 BURNELL, LOT 69, SANDBRIDGE SHORES SECTION 1 B NORTH GPIN: 2433-16-7215 32 MB 103 P 24," prepared by Sigma Environmental Services, Inc., dated March 3, 2021, a 33 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 34 Works, to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the Agreement between the City of 38 Virginia Beach and the Burnells (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded, after execution, among the 40 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Burnells and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2021. CA15186 PREPARED: 6/15/21 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d010\p041\00732795.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WORKS, EAL ESTATE lie DAN RMEYER SEN CI TTORNEY 2 N/F CITY OF VIRGINIA PLAN VIEW BEACH PIKE INLET SCALE: 1" =30' GPIN 2433-16-9348 FLOOD MB 103 P 24 MHW-MHW EBB o. REBUILD EXISTING 10'X 10'DOCK APPROX.76' PROPOSED 10'X 10'DOCK ADDITION - _ _ _ 4 35'7" ►{I m MLW -•--- - _ - - .-•i t _-rt�- �._. 15.5'— MHW _ PROPOSED 130.5'BULKHEAD -may•-._. 5.1' PIN(F) ` '24'W 127.45' PIN(9 T o 20' —F: shLTO 4--.. REMOVE EXISTING SHED& d� '!, 9.g' DECK OR RELOCATE OUTSIDE 10'SIDE AND REAR SETBACKS Jffl�� I'I, L..f1 Ci • Urr Y l( F- 0 .. d p Zw �—. W W -,sv J .s.- P m LOT 69 "' `r' > z m ` N/FJAMESR.& N z ELIZABETH S.BURNELL j c SANDBRIDGE SHORES 2 STORY SFR � ea c #329 0 tr SECTION 13 g:;.: a MB 103 P 24 Z Q cc LOT 68 2433-16-7215 0 tn N/F STEVEN G.&KELLY ROSE INSTR.#20191126001009250 SANDBRIDGE SHORES SECTION 1B NORTH LOT 70 MB 103 P 24 N/F CHARLES F.EARP,III GPIN 2433-16-7395 &DONNA C.EARP INSTR.#20100809000809710 7 SANDBRIDGE SHORES SECTION 1B NORTH MB103 P24 —0 PIN(F) GPIN 2433-16-5290 4 840'TO BLUEB1LI.DR. DB 2733 P 1489 R=150.0' INSTR.#198808409329 L=69.31' PIN(F) R=50.0' TE L=36.14' R=50.0' SCALE:1"=30' AL Cl CEJyT rsa L=16.06' /148 103 P 24 RAW) 0 10 20 30 I E SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 WATERWAY:MAN-MADE CANAL PIKE EXHIBIT"A" PROJECT:BULKHEAD,REBUILD&ENLARGE INLET TO NORTH BAY ENCROACHMENT REQUEST FOR:DAMES R. BURNELL&ELIZABETH EXISTING DOCK FOR: REBUILD AND ENLARGE S. BURNELL EXISTING DOCK,NEW BULKHEAD LOT 69,SANDBRIDGE SHORES DATUM: 0.00'MLW=-1.5'MLW NAVD 1988 SECTION 1B NORTH GPIN:2433-16-7215 MB 103 P 24 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 f S1 day of A r rt ! , 2021,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES R. BURNELL AND ELIZABETH S. BURNELL, husband and wife, ITS/HIS/THEIR/HER 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 69" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA SCALE 1" = 100' JUNE 25, 1967 REV. AUGUST 11, 1967", prepared by Palmer L. Smith, Certified Land Surveyor, 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 24, and being further designated, known, and described as 329 Teal Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to rebuild and maintain an existing 10' x 10' dock, to construct and maintain a proposed 10' x 10' dock addition, and to construct and maintain a proposed 130.5' bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-16-9348 (CITY-OWNED PROPERTY KNOWN AS PIKE INLET) GPIN: 2433-16-7215 (329 TEAL CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Pike 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 of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' ENCROACHMENT REQUEST FOR: REBUILD AND ENLARGE EXISTING DOCK, NEW BULKHEAD WATERWAY: MAN-MADE CANAL PIKE INLET TO NORTH BAY FOR: JAMES R. BURNELL& ELIZABETH S. BURNELL LOT 69, SANDBRIDGE SHORES SECTION 1 B NORTH GPIN: 2433-16-7215 MB 103 P 24", 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 attomey'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 of maintenance obligation of such encroachments. 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, 3 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 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, James R. Bumell and Elizabeth S. Burnell, the said Grantee, have caused this Agreement to be executed by their signatures. Further, 4 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. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 004 ''1"‹.____ James R. Bumell, Owner Q400 Elizabeth S. Bumell, Owner ArOF +-r ;� oUNTYOF��NV lA-Dri The foregoing instrument was acknowledged before me this_l____ day of A , 2021, by James R. Bumell and Elizabeth S. Bumell. A 1i . //A (SEAL) -` -ub , NIJ2i/, ''% Q y0 Notary Registration Number: 7�37a� I is, � . = Y : rv7��Si5 W My Commission Expires: D 3 131 20 z3 z : �� o, 3 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM lc_ NA URE DANA HAR YER SENI CITY ATTORNEY PW Real Estate DEPARTMENT 7 N/F CITY OF VIRGINIA PLAN VIEW BEACH PIKE INLET SCALE: 1" =30' GPIN 2433-16-9348 FLOOD MB 103 P 24 MHW-MHW EBB 0. REBUILD EXISTING 10'X 10'DOCK APPROX.76' 14 35'7" PROPOSED 10'X 10'DOCK ADDITION o'" m PROPOSED 130.5'BULKHEAD 15.5'— M_H_W 5.1' —� 5.5' PIN(F)® � � ►~— L S 54`24'W 127.45' PIN(F) o 20' ' $AL,TFi pi-• , s ODi-- 1; REMOVE EXISTING SHED& Q .. 9,R' DECK OR RELOCATE OUTSIDE ' 10'SIDE AND REAR SETBACKS JTfl .N 4!I �:ar , t..> . • ilop P, i I- 0 v •w w w .. ��rs vAl F.'``C'• 1'k b w p N" oz LOT 69 rn m L N/F JAMES R.& 7 z ELIZABETH S.BURNELL `� z SANDBRIDGE SHORES 2-STORY SFRca c #329 - a ;, SECTION 1B a MB103 P24 Z -Ti LOT 68 2433-16-7215 0 N/F STEVEN G.&KELLY ROSE INSTR.#20191126001009250 SANDBRIDGE SHORES SECTION 18 NORTH _ LOT 70 N/F CHARLES F.EARP,III MB 103 P 24 GPIN 2433-16 7395 &DONNA C.EARP INSTR.#20100809000809710 SANDBRIDGE SHORES SECTION 1B NORTH MB 103 P 24 m PIN(F) GPIN 2433 16 5290 . 840'TO BLUEBILL DR. • • • • DB 2733 P 1489 • R=150.0' • (NSTR.#198808409329 L=69.31' PIN(F� R=50.0' T L=36.14' R=50.0' SCALE:1"=30' FAL CR--CENT L=16.06' 0 10 20 30 Mg 10 '? P 24 vv� 1 SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 WATERWAY:MAN-MADE CANAL PIKE EXHIBIT"A„ PROJECT:BULKHEAD,REBUILD&ENLARGE INLET TO NORTH BAY ENCROACHMENT REQUEST EXISTING DOCK FOR:DAMES R.BURNELL&ELIZABETH FOR: REBUILD AND ENLARGE S. BURNELL EXISTING DOCK, NEW BULKHEAD LOT 69,SANDBRIDGE SHORES DATUM: 0.00'MLW=-1.5'MLW NAVD 1988 SECTION 1B NORTH GPIN:2433-16-7215 MB 103 P 24 ' N' . • ,.. N ." • W —.,4:10 F. Ar 4: r •-t, Art 00000#"' /v , , .. ,f.4* I. ,,S ,ci' CD 6 .• , --4 4- ,..,......, 1 ' .• / i • „. • , , <;` s... 7' . 441 ..- t. 4 ' - Ili: 4,, • ., , 4 . . , ,.. _ Aloottiow ., . .... ••• , ,. , • .,,, 1 4)/ , - , . •#' • f‘ ''''.***40,11t: . - ' - '-'; , i „. '.1, , • , 0 N , N.. LOCATION MAP ENCROACHMENT REQUEST FOR Legend JAMES R. AND ELIZABETH S. BURNELL '4-4i GPIN: 2433-16-7215 2433-16-7215 — , Feet CITY PROPERTY s • ...f.-1 ' ' 0 50 100 200 . . Prepared by PW/Eng/Eng Support Services Bureau 09/11/2020 X\CADE)\Projects\ARC Files\AGENDA MAPS\2433-16-7215\2433-16-7215 Aerial mx N SANDBRIDGE Rp ?,\ 1 � \\\ W—�, — E SITE 7 s O 0 G� 1 I I it' i • ,2 / '..---3 9 N'i, '0 0 0 LOCATION MAP ENCROACHMENT REQUEST FOR Legend JAMES R. AND ELIZABETH S. BURNELL GPIN: 2433-16-7215 2433-16-7215 mili Feet CITY PROPERTY 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\24 3 3-1 6-72 1 5124 33-1 6-721 5.mxd _�� I. V S dam. �{ ... ri lr.Rt t ,...,•:, i' . . r ...-,e•,,,, ••:--,-,-,-- ',',;....,,,,,.. I-';'!" ,'#`1,frr ..".'' n ham,�`_" I; s�(�,,,'�> d • h q"� - rI 1 6w �'+ -ti l f 44- • -,,,,-, , . , 4 ..-'''-,;,_., -•, s:-•-liAtiqrs, -.41g, :.,... , . '' .g....2-g:... \J . , �i n ,�``C : ,P4 --,,, itP. Y t,•-1 _. _ a,'e �+. Or h7R <`. .. - lair Igo ;' 4Artr. - _ i .., . lc. .f‘ . 1, , ' '', 74:telk (�-� 441-= ' •�6'T�F�. r • •V-•'' ' ' +1441 PICTURES FOR 329 TEAL CRESCENT GPIN 2433-16-7215 ENCROACHMENT REQUEST Disclosure Statement City p"ryir is Bch 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 James R. Burnell & Elizabeth S. Burnell Does the applicant have a representative? I Yes ❑ No • If yes, list the name of the representative. R. Harold Jones,Sigma Environmental Services,Inc. 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 Wage _ Own ors ,; 1 sees " r e a 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 providing the service. PNC Bank • 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. Yockey&Associates 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? ❑ 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? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement itu nfVirginia ihnch Planning & Community LL Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? • Yes ❑ No • If yes,identify the firm and individual providing the service. Sigma Environmental Services, Inc. 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. °LA.,/ !ht.A.n.jv e 'j‘,1151. 1./ Applicant Signature Print Name and Title James R. Burnell&Elizabeth S. Burnell Date .— ? — 2--f Is the applicant also the owner of the subject property? I 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 Signature Print Name Revised 11.09.2020 3 I P a g e Tr ‘ CITY OF VIRGINIA BEACH \ AGENDA ITEM I ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City property known as 352 Tuna Lane, located adjacent to 2713 Bluebill Drive MEETING DATE: August 17, 2021 • Background: Charles R. Holder and Jody W. Holder (the "Applicants") have requested permission to maintain an existing rip rap revetment, block wall, and bulkhead, and to construct and maintain a 24' x 12' x 8.5' floating pier and an 8' x 4' access ramp (collectively, the "Encroachment") into City-owned property located at 352 Tuna Lane (GPIN: 2433-27-3415), adjacent to their property located at 2713 Bluebill Drive (GPIN: 2433-26-2913). • Considerations: City staff has reviewed the Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into 352 Tuna Lane, which is where the Applicants have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Encroachment, 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 and Disclosure Statement. Recommended Action: Approval. Submitting Department/Agency: Public Works/Real Estate VD Deputy City Manager: Ronald H. Williams * 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS 352 TUNA 7 LANE, LOCATED ADJACENT TO 8 2713 BLUEBILL DRIVE 9 10 WHEREAS, Charles R. Holder and Jody W. Holder(the "Applicants") have 11 requested permission to maintain an existing rip rap revetment, block wall, and bulkhead, 12 and to construct and maintain a 24' x 12' x 8.5' floating pier and an 8' x 4' access ramp 13 (collectively, the "Encroachment") into City-owned property located at 352 Tuna Lane 14 (GPIN: 2433-27-3415), adjacent to their property located at 2713 Bluebill Drive (GPIN: 15 2433-26-2913); 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 22 OF 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,the Applicants are authorized to 26 maintain and construct the Encroachment into City-owned property located at 352 Tuna 27 Lane as shown on the exhibit entitled: "EXHIBIT'A' ENCROACHMENT REQUEST FOR A 28 PROPOSED FLOATING PIER, PROPOSED ACCESS RAMP, EXISTING RIP RAP 29 REVETMENT, EXISTING BLOCK WALL AND EXISTING BULKHEAD FOR: CHARLES R. 30 AND JODY W. HOLDER 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, 31 SANDBRIDGE SHORES, M.B. 78, P. 50 prepared by Clark Design Group, dated May 25, 32 2021,"a copy of which is attached hereto as Exhibit"A"and to which reference is made for 33 a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 36 those terms, conditions and criteria contained in the Agreement between the City of Virginia 37 Beach and the Applicants (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded, after execution, among the 39 records of the Clerk's Office of the Circuit Court of the City of Virginia 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 the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2021. CA15215 PREPARED: 6/11/21 \\vbgov.com\dfsl\applications\citylaw\cycom 32\wpdocs1d0011p034\00730536.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P LrC WOR S, REAL ESTATE '✓ DANA R. AFMEY R> T1 SENIOR CITY ATTORNEY 2 HOLDER ENCROACHMENT EXHIBIT 0 40 80 1 This site pion is based on plot recorded in (City of 15rginio Beach) m o M.B. 78. Pg. 50 and was prepared M.B. 78 P.50 45 UNEAR FEET OF - 0. e without the benefit of a title search. EXISTING RIP RAP --7 • a REVETMENT -'� $;S. vN n/f michoel c. & virginio moloney �3 •/ �! gut p <a o gpin: 2433-26-0888 N59-34'00-E Srri. /I )1p N �o d.b. 4665 p. 1367 38.90' Z O Noo 4 a m.b. 103 p.24 tot 77, section lb PROPOSED IMPROVEMENTS :..' t)c $<'41 i s SEE SHEET 2 FOR DETAILS ..SE. PROPOSED t �y aVy a 7- ACCESS RAMP��OA. .a v% 1„!'i1� aal O // R� �� o% N36"57'001Y � c, < ��p 170.14'_�-- / V `":,= I PROPOSED ``I. o / F I chortes r. 8:jolly w. holder / FLOATING PIER / -1 gpin: 2433-26-2913 ``— EXISTING BULKHEAD .gS� inst/ 20171109000966730 // EXISTING 9'BLOCK WALL /�(4 m.b. 78 p.50 lot 50, section l a/ 117346 /• „0+-14,(,,, r�: �� /`�� _, O /, Z ..-+ �R=1070.00 ;t..;;.' gP / BRAD MARTIN D m ., ':;ts / Lic. No. 32999 m A 1 74, 05/25/2021-0 b y $ 'O.p ,�o D Z �O / r� �FSSI ENG`�o � S/ / Gkr�. /�1 n/f rpa blueba7/ tk ONaL -. gpin: 2433-27-2033 �� Q• inst/ 20170816000697860 \ QY^� / m.b. 78 p.50 lot 51, section to 2-STORY FRAME) o ep/ ..kJ 1$2713 BLUEBILL1 '" / EXHIBIT'A'- ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSEDI `/ / ACCESS RAMP, EXISTING RIP RAP L=15.71 / / REVETMENT, EXISTING BLOCK WALL AND R=10.00 y EXISTING BULKHEAD 't;_ FOR:CHARLES R.AND JODY W.HOLDER ST 0'48 00 C -= 50.00' 2713 BLUEBILL DRIVE, LOT 50, SECTION IA, NORTH AREA, SANDBRIDGE SHORES,M.B. 78, P.50 BLUEBILL DRIVE DATE: 05 / 25 /2021 SHEET 1 OF 2 (50'RIGHT-OF-WAY M.B.78 P.50) CLARKDesign G oup 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. C1arkDes . com / HOLDER ENCROACHMENT EXHIBIT- PROPOSED ENCROACHMENT 0 20 40 PROPOSED FLOATING PIER = 22.4' t. AREA OF NEW ENCROACHMENT = 172 SF I-, z 1" =20' EXISTING ENCROACHMENT o EXISTING RIP RAP REVETMENT = 10.6' to .--� $ �_ EXISTING BULKHEAD = 3.7 M.B.78 P.50 ? %,.,p— EXISTING BLOCK WALL = 0.4' V. c) a'` ;S, rtZ PROPOSEDr'OyA O ao N o „ '_ ENCROACHMENT Z v t A o 45 LINEAR FEET OF EXISTING RIP RAP ,� ,�0 G AREA SHADED �y N`'$�Na co REVETMENT __- .�' (172 SF) `1�a n/f michoel c. & virginio moloney "-I* �' `0.O'<` °% Spin: 2433-26-0888 is 1'n Qs d.b. 4665 p. 1367 '' I- Ty it m.b. 103 p.24 lot 77, section 1b a F o / 4 A i_e PROPOSED FLOATING PIER a.0' i - ' • 4 �� E >� - I \�i rs.; �i•\ �ti OPcNM�N� PROPOSED ACCESS RAMP —, �/ N, ,0 IGNIk0 PC1" n/f chorles r. & jody w. holder / / / .' 9 OG PAL ins/gpin: 2017�09�61730 / / % 11 VA- intl. m.b. 78 p.50 lot 50, section 10 / l EXISTING 9'BLOCK WALL —/ �` EXISTING BUMF! / n/f rpo blvebill tic / gpin: 2433-27-2033 instil' 20170816000697860 m.b. 78 p.50 lot 51. section is EXHIBIT'A'- ENCROACHMENT REQUEST FOR . A PROPOSED FLOATING PIER, PROPOSED / ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND c.p,LTH OF EXISTING BULKHEAD � FOR: CHARLES R.AND JODY W. HOLDER (+(iWPG% 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES, M.B. 78, P. 50 yDATE: 05 / 25 / 2021 SHEET2OF 2 CLARKD Goupri 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. ClarkDes. corn 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 14 day of J Lk fl [' ,2021,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES R. HOLDER and JODY W. HOLDER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "50," as shown on that certain plat entitled, "REVISED PLAT SANDBRIDGE SHORES SECTION 1 A — NORTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," prepared by Palmer L. Smith, Certified Land Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 78,at page 50, and being further designated, known, and described as 2713 Bluebill Dr, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing rip rap revetment, block wall, and bulkhead, and to construct and maintain a 24' x 12' x 8.5'floating pier and an 8' x 4' access ramp collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-Owned property known as 352 Tuna Lane the "Encroachment Area" and GPIN: 2433-27-3415 (CITY-OWNED PROPERTY KNOWN AS 352 TUNA LANE) 2433-26-2913 (2713 BLUEBILL DR) 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 A PROPOSED FLOATING PIER, PROPOSED ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND EXISTING BULKHEAD FOR: CHARLES R. AND JODY W. HOLDER 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES, M.B. 78, P. 50" prepared by Clark Design Group, dated May 25, 2021, 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. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 attomey'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 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 3 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. IN WITNESS WHEREOF, Charles R. Holder and Jody W. Holder, 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 4 its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 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: 5 • 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. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number. My Commission Expires: H• 'LES -. HOLDER, Owner C QC�C//- �, J Y HOLD R, Owner k STATE OF Uvq cam-o.J CITY/COUNTY OF \.yikkt-iCo , to-wit: The foregoing instrument was acknowledged before me this / 0 day of U , 2021, by Charles R. Holder and Jody W. Holder. r_p (SEAL) No ry Public (I)613M--- i Notary Registration `�'`1 0 `i-3 N�c Number: I .�� • My Commission Expires: / ( ,( e), Z 2 3 '.,Paso �`� s 1. . 0 s MY CG 147p43 o : °MMISSi EXPIRES �: ' ?� :� � ? IREg Q � .. , 8/7023� �2 .,��y,-4CTH OF\\:,.0�. 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM MATURECIJA gc DANA R kM SENIOR ITY A Y DEPARTMENT 7 HOLDER ENCROACHMENT EXHIBIT—N C0 40 80 ` t6 1 This site pion is based on plot recorded in (City of Virginia Beach) az o M.B. 78. Pg. 50 and was prepored M.B. 78 P.50 45 LINEAR FEET OF without the benefit of o title search. EXISTING RIP RAP - 7 ?o0 0 REVETMENT / v, v Q v n/f rnichoel e. & virginio mo/oney N59'34'00 ; *. / �c T'p o • Spin: 2433-26-0888 -� d.b. 4665 p. 1367 38.90' Z 0 `'$o` a o m.b. 103 p.24 lot 77, section lb PROPOSED IMPROVEMENTS a"'�` .� p"N''%o SEE SHEET 2 FOR DETAILS_, - PROPOSED 4a• i-� m�Q� �- ACCESS RAMP "' 4 o'o it c, 4. ..`, 11111111111 jjto) a. 7'7i I.N36'S7'00V . 170.14'�' it.,: I PROPOSED ° n/f charter r, do Jody w. holder FLOATING PIER gpin: 2133-26-2913 `-- EXISTING BULKHEAD Mot/ 20171109000966730 // .i- EXISTING 9'BLOCK WALL m.b. 78 p.50 lot 50, section 1 a /I"0 P34° AA ,� / ��PtTH O� _» / off. I..46 iii;!! , /`l, O •/ , Z_ - �R=1070.00 t.;,' y� // BRAD MARTIN m `' Lic. No. 32999 61 0 .fl �'F7 'c' i A 1 J /0 05/25/2021 O V POc � x Ga.*ffigm 0 / ��0 r ! SIONA L Ntt�s. 40` " n/f rpo bluebN NcS .--� O / /c' gpin: 2433-27-2033 N4444 ' i gQ 4' / inst/ 20170816000697860 m.b. 78 p.50 lot 51, section to L.--(2-STORY FRAME) c0/ Vt2713 BLUEBILL 6Q I A / EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSED : / ::i"h / ACCESS RAMP, EXISTING RIP RAP L=15.71 >.- / / REVETMENT, EXISTING BLOCK WALL AND ;•,, R=to.00 -:w.= EXISTING BULKHEAD Y' - FOR: CHARLES R.AND JODY W. HOLDER 01 S 10'48 00 E 50.00' 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES,M.B. 78, P. 50 BLUEBILL DRIVE DATE: 05 / 25 /2021 SHEET 1 OF 2 (50'RIGHT-OF-WAY M.B.78 P.50) Design CLARK Group ....„. 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. ClarkDes . corn HOLDER ENCROACHMENT EXHIBIT- PROPOSED ENCROACHMENT 0 20 40 PROPOSED FLOATING PIER = 22.4' AREA OF NEW ENCROACHMENT = 172 SF y ti 1"=20' EXISTING ENCROACHMENT o EXISTING RIP RAP REVETMENT = 10.6' �, .--� ^ o. ., EXISTING BULKHEAD = 3.7' M.B.78 P.50 EXISTING BLOCK WALL = 0.4' .t- 4";� - 6', f PROPOSED 7'�oTA •AO $^,• ta =,. Z'� ENCROACHMENT- Z�F %I' c 45 LINEAR FEET OF EXISTING RIP RAP 10 ro AREA SHADED Vick N t N REVETMENT _ • 1' (172 SF) t2 5-6 ,,-'o 0 �O n/f michoel c. & virginio maloney ' ' I� °� t+�, gpin: 2433-26-0888 _ Ss d.b. 4665 p. 1367 i°` iy $`t; m.b. 103 p.24 lot 77, section lb �I Q c / `�A PROPOSED FLOATING PIER 8.0 , .+ / la Q C ro / ti� \\-// .ram ,,,i„\ MEto PROPOSED ACCESS RAMP • I gok0P N�`EN� 1 �•- n/f chorles r. & jolly w. holder / / ! 3 T 11C�►`i�` Spin: 2433-26-2913 / / I O A 11‘- inst,{ 20171109000966730 m.b. 78 p.50 lot 50, sectionlo /' EXISTING 9'BLOCK WALL ] EXISTING BULKH / n/f rpo bluebill kc / wain: 2433-27-2033 inept 20170816000697860 m.b. 78 p.50 lot 51, section 1 a EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSED / ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND �P4_TH O� EXISTING BULKHEAD �O��j�1'1 FOR: CHARLES R.AND JODY W.HOLDER .p 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH o Z AREA, SANDBRIDGE SHORES, M.B.78, P. 50 BRAD MARTIN a DATE: 05 / 25 / 2021 SHEET2OF2 Lic. No. 32999 Des' ,�� 05/25/202! �� CLARK Group ��`rS/ONAL ,,„‘Gs824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. ClarkDes. corn ` itiP-4, \ SITE �pa �' �'o ' � \`„ ',L Q 1 1 !\ V r 5 \...---- \\\1 2433-26-2913 `--s''� v A\ \ i_ .,- s. , \ \ L ''fSS r L_s f,. � ,GR s ,„-- \\73 \ ___-\ o LOCATION MAP , ,, \ \ ---�- ENCROACHMENT REQUEST J FOR CHARLES R. & JODY W. HOLDER Legend 2713 BLUEBILL DRIVE GPIN 2433-26-2913 City Propertiesmiummisim c il:3 2433-26-2913 Feet � 0 50 100 200 y\rArIMOr larfe\eRc FJoe\AnFAIfIA Mnac194.11-7A-941 • 1_ Q r> a pP�p�R \ N p N SPl'1 _ w = 01 * %" a Cat et , N Q k- \ 2IXO al D 01 N o 3• r Z n W • WMr ! - NO v 07 A. itQpV ym cc loos 0000 QJa to s „if Ce re ti a 0 V Q N a Z = o W CC) 0 IX 0 tiIL+ ; - LL y� `' e`soe �-`�OR 4, ,, _ - .. , , _ • , . r . ..... , i. .. 4 ... , ,, ,,,. -.,.N.. .. . _ 4 ..... , . ttk , . , _ . ii4,,, .et 0._ , c. IIP., _ ...7,---- \. ,. • , l'hilk „..... ,.. .4 ' ck. :03:. _ IlL ,. ,..1. _ii ; ,, . . ' .1. t A - ,,,.... , . ..., .7 • ._ , , _ :,,-/ , .. .0._-.. \ ... , .... . Avoit i .. \ . , N "ilk _ ,., • --., --.-- ' a.,. -jil labk. • O 0 -'.e- - N p d a 2 h ,a.';ki'irli r`� y a Q. y • . J a RANDY HOLDER ENCROACHMENT APPLICATION PROJECT AREA-VIEW LOOKING WEST k k _ 4. 4. . .. -..A..,,........."..,-s......-.Z;Z:17- ' _...- - PROJECT AREA-VIEW LOOKING EAST f Y - .. _ - ,.s•_ ._�.. ' _ _ .. X -. litk ''1.1),•,-,----1„!• -,..61,-- - "ow-_,.. - 'i_ • « tom ' "'AirI! may.. (4 . = �g .. . ... ! - e ' .....— Pik. -.4 r9,, RANDY HOLDER ENCROACHMENT APPLICATION VIEW LOOKING WEST SHOWING NEIGHBOR WITH SIMILAR ENCROACHMENT fr ! toi fii afir it Ai C r 7 1.7}15clottrPto 'fnerf _ 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 CHARLES R HOLDER r nth. Does the applicant have a representative? ElYes 0 No • if yes,list the name of the representative_ CLARK DESIGN GROUP LLC lathe 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) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity Is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that' should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Wage Disclosure Statement --p ('IAli1111;t ;, Known Interest by Pubic O[fidel or Employee Does an official or employee of the City of l irginis leech have an interest in the subject land or any proposed develo pment 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? A Ikant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes El No • If yes,identify the financial Institutions. 2. Does the applicant have a real estate broker/agent/►ealtor for current and anticipated future sales of the subject property? ❑ Yes o No • If yes,identify the real estate broker/realor. 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 o 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?❑ Yes CI No • if yes,identify the firm or Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • if yes,Identify the purchaser and purchaser's service providers. 2IPage 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 12 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. ENGINEER/AGENT-CLARK DESIGN GROUP LLC 8. Is the applicant recelving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes o No • If yes,identify the name of the attorney or firm providing legal services. Auollcant Silynaturk 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,IBDA,EPA,Wetlands Board or any public tot o or committee in connection with this application. Applicant Sigealvre f Ho)de ►� Print!tame and Title J s -, ZI Date Is the applicant also the owner of the subject property? Lj Yes ❑ No a if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All dtsctosures must be updated two(2)weeks prior to any Planning Comm ssien and City Council meeting s o the applications I13 No shoot asaf Deft Signature rr POtIMM j kAa C cNeS et C. etc '7..26—'L l ea4,t.12,, 3IPage [ ,14"*.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City property Located Between the Sandy Beach and the Boardwalk by Oceanfront Investments, LLC MEETING DATE: August 17, 2021 • Background: Oceanfront Investments, LLC, a Virginia limited liability company (the "Applicant") is currently constructing hotels on two parcels of land located at 4201 Atlantic Avenue (GPIN: 2418-96-6049) and 4101 Atlantic Avenue (GPIN: 2418-95-8842) (collectively the "Hotel Parcels"). The Applicant has requested permission to remove two sets of existing wooden stairs that lead from the sandy beach to the Boardwalk adjacent to the Hotel Parcels, and construct and maintain two new sets of wooden stairs (collectively, the "Temporary Encroachments"). The dimensions of the new wooden stairs are (a) 9' W x 10' L and (b) 7' W x 6' L. The Temporary Encroachments will not be attached to or in any way affect the existing seawall structure. • Considerations: City staff has reviewed the requested Temporary Encroachments and has recommended approval, subject to certain conditions outlined in the Agreement. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit A, Agreement, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate `. City Manager: ()k)c.49 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY LOCATED BETWEEN THE SANDY 6 BEACH AND THE BOARDWALK BY OCEANFRONT 7 INVESTMENTS, LLC. 8 9 WHEREAS, Oceanfront Investments, LLC, a Virginia limited liability company (the 10 "Applicant") is constructing hotels on two parcels of land located at 4201 Atlantic Avenue 11 (GPIN: 2418-96-6049) and 4101 Atlantic Avenue (GPIN: 2418-95-8842) (the "Hotel 12 Parcels"); 13 14 WHEREAS, the Applicant desires to remove two sets of existing wooden stairs that 15 lead from the sandy beach to the Boardwalk, adjacent to the Hotel Parcels, and construct 16 and maintain two sets of new wooden stairs(collectively, the"Temporary Encroachments"). 17 The dimensions of the wooden stairs are (a) 9' W x 10' L and (b) 7' W x 6' L; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, Oceanfront Investments LLC, its 28 assigns and successors in title are authorized to remove two sets of existing wooden stairs 29 and construct and maintain the Temporary Encroachment on City property as shown on the 30 exhibit map entitled: " ENCROACHMENT EXHIBIT SHOWING WOODEN STAIRS FOR 31 THE OCEANSIDE MARRIOTT HOTEL", a copy of which is attached hereto as Exhibit "A" 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 36 those terms, conditions and criteria contained in the agreement between the City of Virginia 37 Beach and Oceanfront Investments LLC (the "Agreement"), an unexecuted copy of which 38 has been presented to the Council in its agenda, and will be recorded among the records of 39 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Oceanfront Investments LLC, and the City Manager or his authorized designee 46 execute the Agreement. 1 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9a � � UWOAL ESTATE CITY T O NE - ) ‘1'--- CA14877 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p041\00734790.doc R-1 Prepared: 8/4/21 2 EXHIBIT A (Page 1 of 5) 1. •- _= 5_._, d.I:.A BE401 STAIRS — — �� i'4 AREA 1 FOR PARCEL 1A = , II =====____________=_ ==_- ====_====_==__:==_== THE (IN. 20161216001140890) GPIN: 2418-96-6049 =-""___-"________________-==-=__-=-___-_____-==_---_____- _ BENEFIT OF PARCEL 76'21 '13" W 247.80' � r I PARCEL D • 1 =I 1 GPIN: 2418-96-9310 I I I I I I I I_L I 11 I I I I I I I I IIII PROPERTY OF .. VIRGINIA BEACH ti ' r (IN. 200507210112271) PARCEL 2A ---- . t ..,�-., l ,~.Y L (IN. 20161216001140890) A_ r..,'' i GPIN: 2418-95-8967 Ai. — }-: PORTION OF PROPERTY _ -,, SUBJECT TO RESTRICTIONS ! o = fr AS SET FORTH IN w i IN. 200507210112270 — t'" I t"skf� ------------ dialIMM 5' PRIVATE! WATER LINE UTILITY =__ -v & PEDESTRIAtiI ACCESS EASEMENT .:- _ �■ DEDICATED TO PARCEL 2A ==_----- _ J� t■ IN. 2,0161216001140890) ._______ :�s; 1 sousso ICI • i ■ fl 7E .0* m.F n 1 , r - - L= - ;' 7 I BEACH STAIRS u1n £7/C 04CHMEM AREA2 - FOR _ � I NE BENEFIT OF PARCEL 34 PARCEL 3A • L 0�P). (IN. 20161216001140890) (- GPIN: 2418-95-8842 Li EXISTING 25' DRAINAGE RIC . ARNER►-{ AND SEAWALL Lie. . 2904 a MAINTENANCE 05/18/2021 EASEMENT ,�� o� X (IN. 200507210112271) d SUN 'li,___z_ __z_ M.*-.. _I___., SCALE: 1"=40' ENCROACHMENT EXHIBIT _.- SHOWING WOODEN STAIRS FOR / -_ OCEANFRONT INVESTMENTS, LLC VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 05/18/2021 j fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Civil Engineering wplsite.com 757.431.1041 241 MUSTANG iRA.Sit 8 wai WI VA 2i452 file: 217-0074_Encr.dwg j plat ref.: C-149 CAD/chk: BKM/eag EXHIBIT A (Page 2 of 5) 0 w T 0 i rr, < , . , 1. -b To z z -c 0 m i 0 I rri E73073 o0 _---1 -__-I ki I IV M E 0 1 (1) r,....." 0 It > < 0 g .e.:.:). . — --, . 1 o rnmm _Lc-1,1"--, - = w z z I . P3 m > >4 G) Z E (-), 5- m —4 vi .. 0 0, rn 1 0 I— A 0 cri -.. 1 c - [ 1 • _ _ ____ ,-- <---->----- -- 1 . 7 v, 1 ± icc a >rn = x 1 I 0 :4 0 I 1 - 0 V) i 1 ,._.."1 vo C -'1 ,____ 0 4..,Ill 13 xi --.-14 I:3 n Li _ N)2 Q r r^ - c) I I-- m (.4 __ z .,..._ _ s-;,) -,.._____,_ 1 i— 1_ 7 -.- I-D' , -.....4 1-... ....'•••• ..."..`,.:.",: _ 0 0 , O › to E—:...-_ .c ..., ,,__1 1 1 i" , —-=-- -7- 0 (-) .< 7--- _I 1_ Li 1 , .. m x —.... z E , I .1.:L i c.,-, m —I• z i ---•210.031 ..--- 7. > ---42\ — 14'02107" E 457.-T4r0.4)> * 0 0 N. 3 o m ). 5 —.• = t=1 -.... —I ca.° r'ru ro r..3 CU •-•,. --.--• Cu bAl''s-7. ' rD 'PARCEL D' i--, Sou,. 'IA A, . . PROPERTY OF CITY OF VIRGINIA BEACH ."6.00OR° (IN. 200507210112271) -.. cr.,. OUT TO ATLANTIC OCEAN 11 2983/ 'rS-7.E4,/ ry LrZ 1986 /\I 1 , , : BEACH CLUB J1 --- �_ I I� ` �Property Line II W' `PARCEL 2A' ^ !II 0.643A ACRES I , h Property of Oceanfront Investments, LLC 1 —1-1 ' h 4200 Atlantic Ave., Virginia Beach, VA 23451 $ i j I — M 1 . . i CI itl;1 L2LJYL - LLI O 'n S 75-5753' W 399.09(O.A.J / '1 _ V o _ a `PARCEL 3A' a 46,132 SQ. FT. m 1.059 ACRES A Property of Oceanfront Investments, LLC PORTION PROPERTY • ad Encroachment Area X 4101 Atlantic Ave., Virginia Beach, VA 23451 {oust CLAIM SARCEL) , W g �--SUBJECT TO RESTRICTIONS '�7.00'/ (Wooden Stairs) AS SET FORTH IN 1 B AC IN. 200507210112270 , i II.6.00' FUTURE DEVELOPMENT SITE — 1 I' • 4 25' DRAINAGE AND L-- SEAWALL EASEMENT • 1 (IN. 2005070210112271) Z' 1 I : -1 ' i i I I III r 1 h h. r I 1;-,L 'T ^) S 76'15 47 W 334.08' OCEANS N o ti� CONDOMINIUM 69 Now Qo o GPIN:2418-95-7472 2 • 41 i 3 24, Qdo ENCROACHMENT EXHIBIT Zr . SHOWING WOODEN STAIRS FOR Key Q h° OCEANFRONT INVESTMENTS, LLC VIRGINIA BEACH,VIRGINIA ■ ENCROACHMENT AREA (WOODEN STAIRS) Scale:9/16"=25' SUBMITTED BY OCEANFRONT INVESTMENTS,LLC MARCH 22,2021 8' - 8" Section Detail: Beach Stair 1 PAGE 1of2 / / PRESSURE TREATED 4X6 � U J STAIR TREADS&HANDRAIL CAP J IINNISI W ARE 1X6 TREX DECKING ~ Cl) Z m = � Z 3 ` X Q W - I— � I- > F— wWWU IS = 0 ? w O 0O CO Q orez n, P ____1____1ZWC3 4-1 PRESSURE TREATED 2X4 Z Z ixo �, WOw > 0 a, I U 0 a I- J mI w PRESSURE TREATED 4X6 ' J PRESSURE TREATED 2X6 I N4%4N w (0 Ln ] / 10 3/4" / I 1 PRESSURE TREATED STRINGER D I NOTE:Beach stair does not attach to the seawall SCALE: 1" - 1'-0" SUBMITTED BY OCEANFRONT INVESTMENTS,LLC MARCH 22,2021 / 7' - 0" / Section Detail: Beach Stair 2 PAGE 2 of 2 PRESSURE TREATED 4X6 STAIR TREADS&HANDRAIL CAP ARE 1X6 DECKING 1 cc U O .J PRESSURE TREATED 2X4 m N H Z . I X Q w CL W ~ 2 > = Z Z co i- n \ , I W i PRESSURE TREATED 4X6 ' n p Z Q = O - W I Q Z Q Oit C� ct OZ w Q PRESSURE I U TREATED 2X6 N O WQ LI = � N- / 11 1/4" / PRESSURE TREATED STRINGER I NOTE: Beach stair does not attach to the seawall SCALE: 1" = 1' 0" 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 k4 .4s1 , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Virginia corporation, CAVALIER OCEANFRONT RESIDENCES, LLC, a Virginia limited liability company, OCEANFRONT SOUTH, LLC, a Virginia limited liability company, and OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company, and their 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 "PARCEL 1A" and "PARCEL 3A"; as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 1 PROPERTY OF OCEANFRONT INVESTMENTS, LLC (IN. 200507210112271)", dated June 30, 2016, prepared by WPL, Landscape, Architecture, Land Surveying, Civil Engineering, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20161216001140890 (the "Plat"), and being further designated, known, and described as 4201 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain, two (2) sets of the wooden stairs, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, said Temporary Encroachment shall not, under any circumstances, be attached to or in any way affect the seawall structure; and GPIN: 2418-96-9310 (City Property), 2418-95-8842 (4101 Atlantic Ave.), and and 2418-96-6049 (4201 Atlantic Ave.) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property shown as Parcel D on the Plat, including a portion of the sandy beach, 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 consisting of five (5) pages entitled: "ENCROACHMENT EXHIBIT SHOWING WOODEN STAIRS FOR OCEANFRONT INVESTMENTS, LLC", 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 City shall have the right to repair or remove the Temporary Encroachment (specifically private sewer force main and appurtenances) in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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. Grantor represents that it has obtained, or will obtain, all necessary permits from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 1'� 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 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 Grantee agrees to jack or bore proposed sewer and/or water line under driveways. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by 1 4 ç! iA either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Oceanfront Condominium Association, Inc, Cavalier Oceanfront Residences, LLC, and Oceanfront Investments, LLC have caused this Agreement to be executed on their behalf by duly authorized representatives. 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. [ SIGNATURES ON FOLLOWING PAGES ] 5 CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia 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: eVtAA 6 OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Virginia corporation By: (SEAL) Robert-VI:Howard, Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this J,t,a day of 41.4545-1- , 2021, by Robert M. Howard, as Director of Oceanfront Condominium Association, Inc., a Virginia corporation, on its behalf. O RY PUNORBLIDHUECS NTA �, / �tJ'n_REGISTRATIONFVIR65 GI /" v!�'lJ�/ /)LELLYA OMMONWEALTH OF VIRGINIA (SEAL) MY COMMISSION OMMAUGUSTSI N EXPIRES Notary blic Notary Registration Number: 75 d7 5-65 My Commission Expires: .3s-Avzz [ REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ] 7 CAVALIER OCEANFRONT RESIDENCES, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., its Manager By: (SEAL) Robert M. Howard, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Z.v1 day of AvsucY , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONAL HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of CAVALIER OCENTRONT RESIDENCES, LLC, a Virginia limited liability company, on its behalf. KELLY A. NORDHUES NOTARY PUBLIC 1.05A /J z/, •.., , (SEAL) REGISTRATION a 7507965 COMMONWEALTH OF VIRGINIANotarybIIC MY COMMISSION EXPIRES AUGUST 31,2022 Notary Registration Number: 75 o 79 6.5 My Commission Expires: 5 •3I-2zz (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 8 OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., a Virginia corporation, its Manager By: (SEAL) Robert M. Howard, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this :_ day of ii-itksT , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONAL HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company. KELLY A. NORDHUES NOTARY PUBLIC REGISTRATION#7507965 s �j ,,/ `-- COMMONWEALTH OF VIRGINIA /V ai (SEAL) MY COMMISSION EXPIRES / AUGUST 31,2022 Notary Rtiblic Notary Registration Number. 75 o7 f6s My Commission Expires: -6 •3i•zozz (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 9 OCEANFRONT SOUTH, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., a Virginia corporation, its IVianager By: _ (SEAL) Robert . oward, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of AuquSt- , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONALE HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of OCEANFRONT SOUTH, LLC, a Virginia limited liability company. KELLY A.RNORB HCUESNOTA REGISTRATION N 7507955 n/ C OMMONWEALTH OF MY COMMISSION EXPIRESIA � A /2/02021 (SEAL) AUGUST 31 2022 Notary lic Notary Notary Registration Number: 7507945 My Commission Expires: `d .3 i•zozz (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 10 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE CITY ATTORNEY DEPARTMENT 11 Beach Stairs at future development site , ii. saiw : : s : tiSIIIIS" A• i' T e, ir v.,,d4! r r. WW1. T �4 712' .., ,,, . �-. .M n'k 44 � ...r. ...,. yyjypy,r•e «.w "�+'"f«9amq q Y Y n~OF � .. r tea § *r _ , � � 1 1 ' �:, f -# s 4;1. 't.,--,i4.:t jf} .t � s t f � 3 {.I i11) t/ I. i / ' .. 'f • , .O co Lb CO L t • ..c .1..„0 i ., w1. ......, .. . , . is } - 1 g ' f q IV 1 t 1 t fir-.._; , w,ow,. r.,,r,ur ,r`.riru . �"'mr,,,rn,v,n, ,.r ,w•nr.or' • -0,""''''''''"'''''''''.." go...wow...woo° ..____fle.o.....:700.\\\\ _.\. .. • • Q. 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'kw:0J ff-1,, \-1_,_.3 ' ', . ,) , AI ��1I till ci. t M y &: t t'\ _ 44# ,-- ' \ \''n-1 at '�' N �.4 Q ft l o En t'1 ` C a c r.ram- ,-:,. .,. ' iv\_,___.,. ` \ ,4. �._ 1- -7, - ._-__ \'\\',-iok... _ = V a`7 r .-,' -,44**."--- \ \\ .. ' - , J ,lid+ Y'gtS' t o • , N .}t� g 5 f r° anL^ e m rail:. #'. ., et � i Disclosure Statement , AB C7't y of Ymyinin&xzo 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 Oceanfront South, LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Robert M. Howard,Chief Investment Officer 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) John R. Lawson; DMR I, LLC; Bruce L.Thompson;Cavalier FP,LLC;COTH, LLC;Cavalier Investors I, LLC;Cavalier Investors II, LLC; Cavalier Investors III,LLC;and Hospitality Investment Associates-Oceanfront South, LLC • if yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Cavalier Associates, LLC;Atlantic Coast Development, LLC;Cavalier Associates Development, Inc.;Cavalier Residential Builders, LLC; Oceanfront Investments, LLC;and Cavlaier Oceanfront Residences, LLC. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 at4 1 I P a g e Disclosure Statement City of Viryinio Bond 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? 0 Yes IN 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 providing the service. Atlantic Union Bank 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 0 No • If yes,identify the firm and individual providing the service. Dixon Goodman Hughes 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 0 No • If yes,identify the firm and individual providing the service. WPL 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes IN No • If yes,identify the purchaser and purchaser's service providers. Wage Revised 11.09.2020 Disclosure Statement City of Virginia Broth 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? I Yes ❑ No • If yes,identify the company and individual providing the service. WM Jordan 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. WPL 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. K. Lee Westnedge,General Counsel 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. Applica re Robert M. Howard,Chief Investment Officer Print Name and Title July 29,2021 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 No changes as of Date Signature Print Name Revised 11.09.2020 Wage Disclosure Statement Cit y aJViryuua Beach - Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement Ni3 (tity of Virginia Retch Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Oceanfront South, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes 0 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) 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 0 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. Revised 11.09.2020 Wage Disclosure Statement lily of Virginia 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. 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? D Yes D No • If yes,identify the firm and individual providing the service. 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. 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. 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? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 r ` = Disclosure Statement City of Virginia B t Planning &Community ti; 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 Print Name and Title Date Revised 11.09.2020 7 I P a g e I gik- Irj 4: rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachment into a portion of the City Property known as Lake Joyce and the 25' strip of City property around Lake Joyce located at the rear of 2344 Bayville Road MEETING DATE: August 17, 2021 • Background: Peter and Kimberley Ryan (the "Applicants") have requested permission to construct and maintain 153' vinyl bulkhead , a 2.4' x 2.8' pump house, an 11.79' x 21.93' boat ramp, and a 26' x 10' wood dock in a portion of the City property known as Lake Joyce (GPIN: 140-80-2438) and a 25' strip of City property around Lake Joyce, located at the rear of 2344 Bayville Road, GPIN 1570-90- 2311. There are similar encroachments in Lake Joyce, which is where the Applicants have requested to encroach. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Public information will be handled through the normal Council agenda process. • 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, Pictures, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate kji City Manager: /f ► r 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY'S PROPERTY 6 KNOWN AS LAKE JOYCE AND THE 25' 7 STRIP OF CITY PROPERTY AROUND 8 LAKE JOYCE LOCATED AT THE REAR 9 OF 2344 BAYVILLE ROAD 10 11 WHEREAS, Peter A. Ryan and Kimberley H. Ryan (the"Applicants")desires 12 to construct and maintain a 153' vinyl bulkhead, a 2.4' x 2.8' pump house, an 11.79' x 13 21 .93' boat ramp, and a 26' x 10' wood dock in a portion of the City property known as 14 Lake Joyce (GPIN: 140-80-2438) and a 25' strip of City property around Lake Joyce, 15 located at the rear of 2344 Bayville Road, GPIN 1570-90-2311 (the "Temporary 16 Encroachments"); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their assigns and 27 successors in title are authorized to construct and maintain the Temporary Encroachments 28 in the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD DOCK, PUMP HOUSE & 30 BOAT RAMP FOR PETER A. RYAN & KIMBERLEY H. RYAN GPIN 1570-90-2311 LOT 31 18, SECTION 2, BAYLAKE PINES M.B. 38, PG. 21 CITY OF VIRGINIA BEACH, 32 VIRGINIA," Scale: 1" = 30', prepared by Gallup Surveyors & Engineers, a copy of which is 33 attached hereto as Exhibit A and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Peter A. Ryan and Kimberley H. Ryan,and the City Manager or his authorized 47 designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 20 . CA15222 R-1 Prepared: 8/10/21 1lvbgov.comldis 1 to ppl icatlon sid tylawlcycom321wpdocskd0221p041100740278.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: i V P BL.IC WORKS, REAL ESTATE DANA . RMEYER SENIOR CITY ATTORNEY 2 'NOTE:THE PROPOSED PUMP HOUSE SHALL NOT BE A NOW OR FORMERLY EKE JOYCE CH PERMANENT STRUCTURE WITHIN THE CITY EASEMENT,THE THOU M.AMMONS, OF�RGINIA BEA PUMP HOUSE SHALL BE CONSTRUCTED ON SKIDS THAT CAN ET AL AS TRUSTEES CITY ,1p18,pG.154 MAKE THE STRUCTURE MOVABLE. / D.B.586, PG. 213 D.B. WOOD DOCK PARCEL C M g.3S,p.21 0 S61°OT32"E GPIN:1570-80'2438 PROPOSED TO BE REMO 23.18' M.B. 38, P.21 WOOD DOCK PROPOSED 153'OF GPIN: 1570-90-7109 EX. WOOD DOCK 6.01rn 1 c VINYL BULKHEAD NAIL(F) TO BE REMOVED .P ITI _ I o �91 -. _" 'BULKHE� PUMP o _ `---- • -•------ w PIN(S) (OTHER ) EX' MOVED i fi TO BE 11 60� __ _ ii •PUMP w °4'' a SQ. PIN(F)ON UNE HOUSE ��ct ^`Y AT 123.23' Mc A z vvV�p �` 2.4'�Q.8' ON O B TMIERS) io .11 ° 26, PIN(S) _i (no z 0) (O ;�w �` S62°1539 E W co W v O_N r; PINIS) ir' re8~arn 2g STRIP OWNED B CH N Ow a g W o CCfY OF Via BPIRGINIA 54A SHED m w z(v)<°; �r a, o a D•B. 1570.80-2438 'CONC. to O-zcc0oiedv- }Q 0:02- o • O GPIM,g.38,P.21 .P(1T{�. a z N p receCDz ci ,, O ¢ FILLER CAP z �� L6o52No g a m ® m i 0LLR20°-6 - CONC. Al NC .... \SH4 Mcao- z 1 STORY BRICK&FRAME �'� Oz 0•Z RESIDENCE S'.p mcci~2a #2344 El \"):P° z�ZO O NMPETER A. & ''.0 ONC:.'.' KIMBERLEY H. RYAN '•'DRIVE.• I.N.20200423000353840 CAT PIN(F) L,34 O8' :::::::::.: LOT M.B. 38,1P.21 1060.23'TO P. vR`�•00 -.. GPIN: 1570-90-2311 1NDIAN HILL ROAD 4i,ALT$O , ....... , O� `,`,fp HOLE(S) L_32.2�'� L=76.85' R=2050.66 PIN(F) i- ty'- % R-37.92, PIN(F) o rJ VARIABLE RlW) v _DA 'I1 Ia: UTLER BAYVILLE ROAD M.B.38, P.21 N,�� c.- No.38395 EXHIBIT A S' 9 ENCROACHMENT EXHIBIT SHOWING s G� PROPOSED VINYL BULKHEAD,WOOD DOCK, SjONAL V, PUMP HOUSE& BOAT RAMP FOR 1. THIS PLAN WAS PERFORMED WITHOUT THE PETER A. RYAN & KIMBERLEY H. RYAN BENEFIT OF A TITLE REPORT. GPIN 1570-90-2311 2. THIS EXHIBIT IS INTENDED FOR AN LOT 18,SECTION 2,BAY LAKE PINES ENCROACHMENT REQUEST ONLY. M.B. 38, PG.21 •ry GALLUP CITY OF VIRGINIA BEACH,VIRGINIA VSURVEYORS&ENGINEERS 0 30 60 $` 323 FIRST COLONIAL ROADPIIIIIIMIIIIMMITIIIIIMISIMMIONIII _ VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' ( Date: SEPT. 10,2020 I Sheet 1 of 1 W\Ryar Peter-2344 Baynlle RdW,awings\19-02 Encroachment Exhibitdwy,8/10/20219A032 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of IcAUSLM, , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PETER A. RYAN and KIMBERLEY H. RYAN, THEIR 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 18" as shown on that certain plat entitled: "SUBDIVISION NO. 2 OF BAY LAKE PINES PRINCESS ANNE CO., VA. AND RE- SUBDIVISION OF PARCEL 'C' OF SUBDIVISION NO. 1 — BAY LAKE PINES," dated December 1954, prepared by JNO. M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 21, and being further designated, known, and described as 2344 Bayville Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain, a 153' vinyl bulkhead, a 2.4' x 2.8' pump house, an 11.79' x 21.93' boat ramp, and a 26' x 10' wood dock, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY 1570-80-2438 (LAKE JOYCE) GPIN: 1570-90-2311 (2344 BAYVILLE ROAD) 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 Lake Joyce and the 25' strip of City property around Lake Joyce, 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 EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD DOCK, PUMP HOUSE & BOAT RAMP FOR PETER A. RYAN & KIMBERLEY H. RYAN GPIN 1570-90-2311 LOT 18, SECTION 2, BAYLAKE PINES M.B. 38, PG. 21 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', prepared by Gallup Surveyors & Engineers, 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, the said Peter A. Ryan and Kimberley H. Ryan, 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. 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 is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 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: _ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ' 6 , i i (SEAL) Peter A. Ryan, Owner •.e✓ (SEAL) (i n day Ftl►en, Owne( STATE OF Y 1r (a CITY OF Vfi(Slyi G 661 , to-wit: ��y� The foregoing instrument was acknowledged before me this`-01 -day of , 2021, by Peter A. Ryan and Kimberley H. Ryan. ., ' 1 (SEAL) Notary Public AS EY RENEE HARGROVE Notary Public Notary Registration Number: ` i commonwealth of Virginia r�-'�/pp�� Registration#7770977 My Commission Expires: 31 , atasl7� MY Comm[ss7on Expires May 31,2022 U a* mm ned a n ary public as Ashley Renee Hargrove. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ c:I S NATURE MEYER SENIOR CITY ATTORNEY DEPARTMENT 7 CE 'NOTE:THE PROPOSED PUMP HOUSE SHALL NOT BE A NOW OR FORMERLY LAKE JOY BEACH PERMANENT STRUCTURE WITHIN THE CITY EASEMENT,THE THOMAS M.AMMONS, Cm(OF V►RG1N� PUMP HOUSE SHALL BE CONSTRUCTED ON SKIDS THAT CAN ET AL AS TRUSTEES D g. 1p18 pG.1`�4 MAKE THE STRUCTURE MOVABLE. / D.B. 586, PG.213 38,p 21 EX• WOOD DOCK PARCEL C M.B• r TO BE REMO ED S61°07'32"E GPO. 1570-80-2438 PROP DOCK ; ! 23.18' M.B. 38, P.21 WOOD PROPOSED 153'OF GPIN: 1570-90-7109 WOOD DOCK 6.0a`� o VINYL BULKHEAD NAIL(F) EX. REMOVED J 1 TO BE •gULKNEA pUMp HOUSE a 20.0' r _�-ti— OTHERS E TO gE MOVED o Cle C' I ti, PIN(S) ` 11.60 _� *PUMP w Ni a^h 4` . SO. PIN(F)ON LINE WOOD ` ' HOUSE .- a. io e; • AT 123.23' BULKHEAD .I, c 2.4'x2.8E 80.26, , PIN(S) >- (n O N O (OTHERS) N w �° '' 862°153 " w,�w�zp,� PINS) „' `�o r� BY , rwo0dQ, 25' TRIP 0\0 BEp`CN ►; OO N z`r°w O ME CITY OF 154 SHED m wQN(n�t, it wej a D.B 1570-80-24 GONC. 01 p 0 03 coo°'ao GP1N:8 38 p.21 t�A�{�. (8 �z O Q cF- M 3 zc.,p a Q ti N r� ao O `�..�-- Z z W '2 CD wct,Q,Z o w O0 o FILLER CAP w Cl)-. 20o�No - a m a OYN�M0 M CONC. NC NC '- \I;) �ots�otim‘ Z 1 STORY BRICK&FRAME 'Po OwoH Z RESIDENCE '+-,p z ce 0 #2344 �_ \'-'6.1 • """•'"" PETER A. & '•'.GONG:•'.' KIMBERLEY H. RYAN PIN(F) ::DRIVE:::::' '' ' I.N. 20200423000353840 ,�L,34 p8. ... ...... LOT 18 1066.231 TO P.C.AT �R`5p 00' ...... ... GPIN:M.B.5 8,90-2311 1NDIAN HILL ROAD HEALTH oA, .•..... R_2050.66' *PIN(F) �� `ter HOLE(S) L=32.2•,.. L=76.85 44* Cl R=37.92. PIN(F) O u DA 11l I'a. UTLER ggYVILLE ROAD (VARIABLE RIW) ` C.No.38395\itt, eP0M.B. 38, P.21 EXHIBIT A ,, ENCROACHMENT EXHIBIT SHOWING 'sSI�NAL E�G PROPOSED VINYL BULKHEAD, WOOD DOCK, .„,L, �, PUMP HOUSE & BOAT RAMP FOR 1. THIS PLAN WAS PERFORMED WITHOUT THE PETER A. RYAN & KIMBERLEY H. RYAN BENEFIT OF A TITLE REPORT. GPIN 1570-90-2311 2. THIS EXHIBIT IS INTENDED FOR AN LOT 18,SECTION 2, BAY LAKE PINES ENCROACHMENT REQUEST ONLY. M.B. 38, PG. 21 GALLUP CITY OF VIRGINIA BEACH, VIRGINIA SURVEYORS&ENGINEERS 0 30 60 323 FIRST COLONIAL ROAD 11.11111.1111111 I ) VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date: SEPT. 10,2020 I Sheet 1 of 1 W:\Ryan,Peter-2344 Bayville Rd\Drawings\19-02 Encroachment Exhibit.dwg,B/10/2021 9A032 AM N W � E S 111111* p4111Irtbark�UrR - o st+o,�,�j�1P � p irotfil' s'AlAi 'q p V* ...iiist itirifilli O' r Cr C f- 1570-90-2311Aiii < ° I, �: 411Pill I I frfi dfr ir 1--'1 C‘ ',, ' iftli 4 Attif 8q O, `?.0,. Olir 41:1114 , .p \ s; -1 /gP LOCATION MAP 77 ENCROACHMENT REQUEST PETER A. & KIMBERLEY H. RYAN Legend o 2344-BAYVILLE ROAD 7 GPIN 1570-90-2311 City Properties immic=imummme 1570-90-2311 Feet \ 0 100 200 400 Zrepared by PIN.;E.ng.Eng.Support Services Bureau 02/15/2021 X:ICADDIProjects\ARC Files AGENDA MAPS I1570-90-2311 . , ,.:- ,,..„ 4,,, .„,,,T,r, , .it,F., 2 itr„,,,,,,, r,'r, ,r4.4,,,v,,., It.', r,,,,,,„pit: N /-lr,' gliWill ' '4 i - 1"114111/47.,,_ r '' :'''' ,,,,..: ''' " f2h.. ;r4 hi ' hh 4t,,i-, .:'-'*' " """IPY., , r --A/ E */* , . 4°01( 4VrRlf . Npy,, .Q,,fl.h".4, .,, .: Qq L i •P. 0 ,*alb . 14f-' ' "Jr(0/:? ' "yr., ":7 ,r.f.'';' ' " rr. i '►. i MI 0040 41/1, 1570-90-2311 ,. *ii iiiiii..., ..• ' i --- lb 644*IP illfritA 4 . . ,. 11104411 • 411 O ! r1 . . - .� ,,, ,.. LOCATION MAP .*, 'r ENCROACHMENT REQUEST e, A": PETER A. & KIMBERLEY H. RYA . P Legend 2344 BAYVILLE ROAD TM,, „,. 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' ' --- .- ,-.4. , tr•,- -.. ,_.. ,‘e, , saw. ..,.. ..."•••• ..• . ,. , ; -. . • — ., !".! 1 ' ....._ _ ... • . -NI'. . 4- • ..- - -- , Ati„„,,,,,„ - _-, ...-- -- . .. .,, i- - ,.. . . ..,...,. , . .4.:.„, . _--,-, t, - . --1,- - -. :11..,- ...id m w 0 in au 0o r. ir i . - i 14 ti r Y •1,- a A, _, I. y '=w 2 [ ,, Oft. r� l' ,„� • hit ) w ffl '7, I /' ' , ., , '.?I ":*11/ Y ;$I-b • • 'lr � `��.� � � � - , - - .. „,?. . _ 4,/i. l )' r •1, J." 1,4i,. ' , ,f: ki. . , —,""%:.I ,.., ' •',• 1, t 4t .. • y , , 1. ddji' .{ t a ' i ,, ; A i!P *, II .t ' did . f, 1W 40 0 a, _ CO t • A M 3.s C t i .,.3 -ii..:;:tiliii4;(11.. 4ii4..:- , '?4,14‘110 1 F y t ti„,' 3lf • ram"- t 41i , � x l• • its_i .44.31% _Or S.�j 4 ISa � i.�' i :fi ate' ! � • ; i 4. it • ., ` i ' . ~ .i 4 4;1,yam. 'tt �. 'r t �ti t.f. - �� Diae: ''� .� ,...... .ht iR�_ff��,°�1 �.yt.}X.{1 71 •� j ' 1 , k..,,,4:; '. •,-, #,.. ,,r::::p ttr40 ..f,, .4 - ktv. 'Algy ,N k ,, , ,..,,� � i .L. >t N yi �� a , k — q. st.‘ 1,...1 ,.4,., I 1.„.,....1,.„ ) „ , „ . 1 ., ,,,, II 4 . i #1ik! :, � ,. • .tc.f Ali ;r a4 i 14 -a'�'. - Al .f r.. ( t 3' € it . {E ,' .4' , /� i, fir° _. Ativ A1 . 1 th . 5 Disclosure Statement Planning& Community Dcr opment 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 V* . Ql I+na Ill t-tea-1 Does the applicant have a representative? ❑ Yes I51 No • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes J 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 entity1 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidlary 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. l Page *NBDisclosure Statement Planning & Community .'",tikst,„4\• Ikvelopmem 4 Known Interest b‘ Public Official or Em ioyee 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 X rl c; • 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? ,IS3/Yes -No- • if yes,identify the financial Institutions providing the serice. CX11 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ID Yes Vi:;. • 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?I] Yes 53 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?ID Yes X i!'c • If yes,identify the firm and individual providing the service. 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. 21Page Disclosure Statement Ii3 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 IR No • If yes,Identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,Identify the firm and individual providing the service. Gia.tL.,p %.6/eArr9 kr l f', t,lE.4.r�.a5 Tic--LvicC t.V Ie►J 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 RI 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. Applicant Signature At?Cit.(A./Ryan ,KIMbellelA rcyan _ — Vrint Name and Title iik)4.-ei--7.0-41a2A— 8/9 121 . Date Is the applicant also the owner of the subject property? ? Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOP.CITY uSF Oi'J Y/All disclose es must be updated two(2)weeks prior to any Piannini;Commission and City Council meeting that pCrtains to th,anhtiratinns El Nod aapsead OatsSigning' t Print Moms —— -- 31Page Disclosure Statement .s ` g a Maiming& Cammuni Development elopment Continue to Next Page for Owner Disclosure ti 41Page Disclosure Statement B... �Ili�� __ . Planning& Community �� - YII Develop Owner Disclosure Owner Name P G.rASI/La -r be—trie.A.l IA Ai\II0.(1 — ---Applicant Name I eAcr A.12pf 4Xl , Y► !.r 19 k• t1 aix Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes lill 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 Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the Oty of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes V i‘ac • 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. 4`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)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(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of art 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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5IPage 'NBDisclosure Statement Planning&Community .r. --4,, Development 4114 Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateral nation,etc)or are they considering any finenang In connection with the subject of the application or any business operating or to be operated on the property? Yes - ' ftt, /0, • if yes,identify the financial institutions providing the service. 11�1 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 6.er No • 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? ❑Yes No • if yes,identify the firm and individual providing the service. 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 ®`i No • If yes,identify the firm and Individual providing the service. 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. 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. 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?WI Yes ❑ No • If yes,Identify the firm and individual providing the service. • r� .)al(io R.1kileAt 6IPage Disclosure Statement IB ('v_4.l r- :=z* Planning &Community l e\e%opffien 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?0 Yes Pi 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 Coundi,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. fltil Owner Signature P exA[R1 ai �4ro.baieli )4. darn Print Name and Title J X01-12— O1 1-6 1 8/9_17. -- Date 71Page 1. r . .i. y�l 4 ,,,,, ,,,,,,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $525,547 to the Clerk of the Circuit Court for Technology Related Expenses MEETING DATE: August 17, 2021 • Background: The Code of Virginia (§ 17.1-279) establishes a $5 "Technology Trust Fund Fee" in each civil action, upon each instrument to be recorded in the deed books, and upon each judgment to be docketed in the judgment lien docket book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement plans to modernize land records and update other office automation and information technology equipment. The Virginia Compensation Board provides these funds to the City, and such funds require appropriation before being spent for their intended purposes. For FY 2021-22, the Clerk of the Circuit Court requests an appropriation of the $525,547 available fund balance of the Technology Trust Fund. This funding will support the Clerk's ongoing technology contracts. These include support for the Clerk's disaster recovery maintenance plan, the court's e-filing system, the Supreme Court of Virginia's case management software, the Supreme Court of Virginia's case imaging software, and the Supreme Court of Virginia's video docketing software. In addition to the technology contracts, this funding supports the purchase of additional hardware and servers that may be needed. • Considerations: This request is wholly from funds accumulated as a result of the $5 technology fee and is consistent with previous requests from the Clerk of the Circuit Court. • Public Information: Public information will be provided by the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager % IP K. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4 (b &d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from August 3, 2021) RECOMMENDATION: APPROVAL 2. THOMAS A. BROWN for a Variance to Section 4.4 (b&d)of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from August 3, 2021) RECOMMENDATION: APPROVAL 3. ROBERT NELSON, ET AL. for a Variance to Section 4.4(b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance re lot area and develop a single-family dwelling at West Landing Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. H. MARTIN SNEAD, III & LINDA P. SNEAD for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Street Closure re portions of 18th Street between Pacific and Arctic Avenues DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. ATLANTIC PARK, INC. / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Special Exception for Alternative Compliance re maximum building height, setbacks and types, including several conditional uses for residential, commercial,structured parking,indoor/outdoor entertainment venue and an outdoor surf park located at the block bordered by Arctic and Baltic Avenues, 19th and 20th Streets and double block bordered by Pacific and Arctic Avenues DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. DESIGN BY ELENI, INC. for a Change in Nonconformity re redevelop the existing duplex with a taller and larger duplex at 2416 Seaview Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. VIRGINIA BEACH DEVELOPMENT AUTHORITY & LYNN-LYNNE, LLC for a Modification of Proffers and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-2 Community Business District & Conditional I-1 Light Industrial District re adjustment to Corporate Landing Business Park boundary for an expansion of appliance and service business at 1941 General Booth Boulevard and a portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. WESLEY D. BOYD/CAPITAL FINANCE,INC. for a Modification of Conditions re tattoo parlor at 172 South Plaza Trail, Suite E (Approved April 16, 2019) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. COSMO'S CORNER, INC. / KNRM ENTERPRISE, LLC & NELSON INDUSTRIES, LLC for a Modification of Conditions re commercial kennel at 503, 505, 507, & 511 Central Drive(Approved August 12, 2008) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 12. WITCHDUCK MEDICAL ASSOCIATES, LLC for a Conditional Change of Zoning from A-12 Apartment District to Conditional 0-1 Office District re office-type uses at 4501 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. WINNER'S PROPERTIES, LLC / HAYNES FURNITURE CO. INC. & CH&B ASSOCIATES, LLP for a Conditional Change of Zoning from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District re 3.91 acres and Conditional Use Permits re auto storage yard and car wash facility at 325, 349& 361 Nelms Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: STAFF- DENIAL PLANNING COMMISSION-APPROVAL 14. KABP DEVELOPMENT, LLC for a Conditional Use Permit re eating and drinking establishment at the corner of Fisher Arch & Princess Anne Road, West of 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 15. JEFFREY HEITKAMP/JEFFREY & MELINAMAE HEITKAMP for a Conditional Use Permit re home occupation — retail sales at 1140 Cordova Court DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 16. Ordinance to AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments RECOMMENDATION: APPROVAL ` ,,,- fs, Z ,cr €S� 4 tg ,, 1a`. „,,,s_,.# 0,,,,„, NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 17,2021 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2.$Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VB1V,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: )Itinsi/vbeov.webex.com/vbvov/onstage/Soho?MTID=e8cf8a7f1864830e7763f5b3abflcecaf 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on August 17,2021. The following requests are scheduled to be heard: Robert Nelson,et al.(Applicants&Property Owners)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Floodplain Variance(Section 4.10 of the Floodplain Ordinance)Address:West Landing Road GPIN(s):1492624123 Council District Princess Anne H.Martin Snead,Ill&Linda P.Snead(Applicants&Property Owners)Street Closure Address:7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt GPIN(s):2426378559 Council District Beach Atlantic Park,Inc.&City of Virginia Beach Development Authority(Applicants&Property Owners)Street Closure Address:Portion of 18th Street adjacent to 1880&1811 Pacific Avenue,319 18th Street GPIN(s):Adjacent to 2427172611,2427170516 Council District Beach Atlantic Park,Inc.(Applicant)City of Virginia Beach Development Authority(Property Owner)Alternative Compliance Address:1880&1811 Pacific Avenue,319 18th Street GPIN(s): 2427079524, 2427074883, 2427073669,2427170853, 2427073711,2427075737,2427073536,2427074802,2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611 Council District Beach Design by Eleni,Inc.(Applicant&Property Owner)Change in Nonconformity Address:2416 Seaview Avenue GPIN(s):1570619098 Council District Bayside Virginia Beach Development Authority(Applicant)Virginia Beach Development Authority&Lynn-Lynne,LLC(Property Owners)Modification of Proffers Addresses:1941 General Booth Boulevard and portion of Corporate Landing Business Park GPIN(s):2415122650,2415204838 Council District Princess Anne Lynn-Lynne,LLC(Applicant)Virginia Beach Development Authority&Lynn-Lynne,LLC(Property Owners)Conditional Change of Zoning(Conditional B- 2 Community Business District to Conditional B-2 Community Business District(0.70-acre)&Conditional I-i Industrial District(0.52-acre))Addresses: 1941 General Booth Boulevard and portion of Corporate Landing Business Park GPIN(s):2415122650,2415204838 Council District Princess Anne Wesley D.Boyd(Applicant)Capital Finance,Inc.(Property Owner)Modification of Conditions(Tattoo Parlor)Address:172 S Plaza Trail,Suite E GPIN(s): 1487826823 Council District:Beach Cosmo's Corner,Inc.(Applicant)KNRM Enterprise,LLC&Nelson Industries,LLC(Property Owners)Modification of Conditions(Commercial Kennel) Address:503,505,507,&511 Central Drive GPIN(s):1496899003,1496897033 Council District:Beach Elias Properties Virginia Beach Independence,LLC(Applicant&Property Owner)Conditional Rezoning(Conditional B-1 Neighborhood Business to Conditional 13-2 Community Business)Address:2749 S.Independence Boulevard GPIN(s):1475416438 Council District Centerville Winner's Properties,LLC(Applicant)Haynes Furniture Co.Inc.&CH&B Associates,LLP(Property Owners)Conditional Rezoning(A-12 Apartment District and B-2 Business District to Conditional B-2 Business District)Conditional Use Permit(Auto Storage Yard)Conditional Use Permit(Car Wash Facility)Addresses:325,349&361 Nelms Lane GPIN(s):1467678119,1467678323,1467678469,1467678669 Council District Kempsville Witchduck Medical Associates,LLC(Applicant&Property Owner)Conditional Rezoning(A-12 Apartment District to Conditional 0-1 Office District) Address:4501 N.Witchduck Road GPIN(s):1478539304 Council District Bayside KABP Development,LLC(Applicant&Property Owner)Conditional Use Permit(Eating and Drinking Establishment)Address:Corner of Fisher Arch& Princess Anne Road,West of 2033 Fisher Arch GPIN(s):2414117668 Council District Princess Anne Jeff Heitkamp(Applicant)Melinamae&Jeff Heitkamp(Property Owners)Conditional Use Permit(Home Occupation-Retail Sales(Firearms)Address: 1140 Cordova Court GPIN(s):2414634865 Council District Prinrwcc Anne CITY OF VIRGINIA BEACH-An Ordinance to amend Section 242.1 of the City Zoning Ordinance to delete the requirements for Tattoo Parlors and Body Piercing Establishments not to be located within six hundred(600)feet of another Tattoo Parlor or Body Piercing Establishment. 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.Staff Reports will be available on the webpage 5 days prior to the meeting. 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. 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-AUGUST 1&8,2021-1 TIME EACH PDH1 PDH1 "F i3 � ,�� PDH1 �► �`� viii3. PDH51„\ S �\ .�� "PDHI �, ii* .S 11° P�D.H1��\ • PDH1 El3 ■ �� -A % r-. ot --.. II al) aill n PP ,11-1 ' , ...) 11 PDH1- , Q �� PDH1 itr/trt/4 - - ei A- --AG 1 . Be � , .0 n .... r.fiso.i d, AG 1 'N------ Ijr - & „ii,r-----N - r/ . , , _- 4$Ii) PDHI 11 f �'' *1$ AG2 a'' /ICE p D H.1 t* /(1,/* „ Ss\ AG1' : I ''' 5(17( 1pie' 1 —TO „,-/A VOk....}. Mk ; // / 4w.ivi 4 II / ( AG2 /PDH 1 N r i, Site Thomas A. Brown .4 W ►: Property_Polygons 2888 Indian River Road �. Zoning L I Building .1 m i Feet 0 40 80 160 240 320 400 480 PLAN TRANS SURFACES „,,......,. ,,,, ,,,,, ,..--4 --4--„, fl _ - N , /„. 4t p,,, ..,..,...:,-- CITY OF VIRGINIA BEACH AGENDAITEM I ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b & d) of the Subdivision Regulations) for the property located at 2888 Indian River Road (GPINs 1493348082, 1493440216). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: August 17, 2021 ■ Background: On February 16, 2021 this item was deferred by City Council as the applicant was not present to address questions pertaining to the removal of trees, drainage, and how the lots will be oriented when developed. The item was again deferred by City Council on August 3, 2021 so that the applicant could address concerns raised by the City Council regarding access, drainage, and utilities. Prior to this meeting, the applicant's representative provided four suggested revised conditions to replace the three conditions that were recommended by the Planning Commission. Following the August 3, 2021 City Council meeting, the applicant's representative verified with Staff the ability to indeed connect these parcels to City sanitary sewer service. As a result, those conditions were modified and a new condition was added, condition 5 under "Revised Conditions” on page 4, to ensure this will occur. Each of the parcels will have a unique grinder pump and service line that will connect to a shared private low pressure force main that will discharge the effluent into the public sewer system, likely within Candle Pine Lane. Condition 6 was also added to ensure that the properties and improvements to the private access will be reviewed holistically for stormwater management purposes. An updated plan was also provided to the Planning Department on August 6, 2021 attached herein that depicts an increase of the width of the accessway, known as Lauren Lane, by easement, from 15 feet wide to 25 feet wide with a 20-foot wide pavement section in a manner to support emergency vehicles, as well as a hammerhead at the terminus of the accessway. A combination of the applicant's suggested updates and Staff's modifications are provided below on pages 3 and 4 as "Revised Conditions" and are indicated by underlined text. The applicant is proposing to reconfigure the property lines of two parcels, one of which was created improperly by deed in 1961 rather than by plat. The proposal will result in two parcels with square footages of approximately 52,000 (Parcel 4) Thomas A. Brown Page 2of4 and 44,000 (Parcel 5) along a private 15-foot wide private lane. As neither lot will have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a Subdivision Variance is required. Additionally, the required minimum lot width for parcels in the AG-1 Agricultural Zoning District is 150 feet, with a required minimum street line frontage of 120 feet (street line frontage is equal to 80% of the required lot width). As neither lot will have direct access to a public street, the street line frontage is measured as zero, therefore necessitating a Subdivision Variance to this standard as well (Section 4.4(b)). • Considerations: The request to reconfigure the existing parcels will not increase the nonconformity of either lot and will result in both lots meeting the minimum lot area of the AG-1 Agricultural Zoning District. In 1961 when the deed was recorded, the property was zoned Agricultural Unlimited (AU) District which did not have specific minimum dimensional requirements for lots, only defined setbacks. Based on this, while substandard today under current agricultural zoning, it met the minimum requirements for parcels in the AU District in 1961 when the lot was created by deed. As no new parcels are to be created, this request will not increase residential density and will therefore be consistent with the vision of the Comprehensive Plan and the Interfacility Traffic Area and Vicinity Master Plan, which discourages additional residential density within this area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Five letters of opposition were received by Staff prior to the Planning Commission public hearing from property owners in the vicinity. These letters noted concerns regarding the removal of trees and potential for an increase in flooding and drainage issues. In an attempt to address these concerns, at the Planning Commission public hearing the applicant agreed to a condition that requires a 20- foot wide Tree Preservation Buffer along the property lines adjacent to the existing neighborhood. The addition of this condition is depicted below with underlined text as condition 3 immediately below with the Planning Commission's recommended conditions as well as incorporated into the "Revised Conditions" on pages 3 and 4. • Recommendation: On January 13, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-", dated September 30, 2020, and Thomas A. Brown Page 3 of 4 prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time, through ingress/egress easement(s). The easement(s) shall include an all-weather surface for the 15' private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. A 20-foot Tree Preservation Buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. Revised Conditions: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC and Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-," dated August 5, 2021, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development, including a turn-around or hammerhead at the terminus of the accessway identified as Lauren Lane constructed in accordance with City standards. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25' wide private Right of Way to be known as Lauren Lane from Indian River Road to the subject parcels. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcels 4 and 5 shall be responsible, along with the other parcels using Thomas A. Brown Page 4 of 4 Lauren Lane for access which are subject to the Declaration of Easements, for the prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain, and if necessary supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (5) Letter from Applicant to City Council Updated Exhibit dated August 9, 2021 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Thomas A. Brown Agenda Item Planning Commission Public Hearing January 13, 2021 /, City Council Election District Princess Anne 20 City of - job, 1r,‘,„ Virginia Beach Request Subdivision Variance (Section 4.4(b& d) of the Subdivision Regulations) Staff Recommendation A CaD''"` �--- Approval (( w Drive 1,4 ter: Staff Planner o,-,. -& `"44 O Aubrey A. Trebilcock 6' , W Location i 2888 Indian River Road GPINS co � 40.41 14933480820000, 14934402160000 " ��w -,- Site Size 2.20 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, undeveloped Land/AG- 1 Agricultural �,.11r�- ",,,' . It Surrounding Land Uses and Zoning Districts `J, , 2 .. North .., 4 / i Single-family dwellings /PD-H1 Planned Unit r ya' ...'. Development � r°- �Q� South Undeveloped Land/AG-1 Agricultural '--- R ' ' East "* Undeveloped land/AG-1 Agricultural y N'ar t ;47- West �� , t ,F.,=� Single-family dwellings/ PD-H1 Planned Unit �.- - .� , - f Development r 1►, \ 1. sa. '��; , f- _ A Thomas A. Brown Agenda Item 20 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the property lines of the two parcels,one of which was created improperly. • The two-acre parcel was legally subdivided by plat in Map Book 62, Page 43 in 1964.The 10,000 square foot parcel was improperly created by deed in Deed Book 691, Page 541 in 1961. • The two subject parcels, which together measure 2.20 acres, are zoned AG-1 Agricultural Zoning District. The 10,000 square foot parcel formerly contained a single-family home,while the two-acre parcel is undeveloped. • The proposal results in two parcels with square footages of approximately 52,000 (Parcel 4) and 44,000 (Parcel 5) along a private 15-foot wide private lane. Since neither lot will have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. • Required Street Line Frontage is equal to 80% of the required Lot Width. The required Lot Width in the AG-1 Agricultural Zoning District is 150 feet,the required Street Line Frontage is equal to 120 feet. As neither lot will have direct access to a public street,their Street Line Frontage is measured as zero, and therefore also requires a variance to the Subdivision Regulations (Section 4.4(b]). Required Street Proposed Required Lot Proposed Lot Required Lot Proposed Line Frontage in Street Line Width Width Area Proposed Lot Lot AG-1 Frontage Area(feet) (feet) (acre) (feet) (feet) (acre) Parcel 4 120 0 150 260 1 1.19 Parcel 5 120 0 150 190 1 1.02 / C L. P if U.04,FIr' ACC""'"' lizi ko.,. po7• PD-Ht' - P,�'..ar� y r P, Zoning History �''� �^� # Request • _! �� / AG,2 1 CUP(Planned Unit Development)Approved 05/11/1999 tom-'' • MOD Approved 05/13/2008 2 CRZ(AG 2 to Conditional B 2)Approved 07/07/2009 3 SVR Approved 09/15/2015 4 CUP(Funeral Home, Cemetery, Crematorium)Approved ./104 03/09/1999 2 . 4 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 Thomas A. Brown Agenda Item 20 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to reconfigure the existing parcels will not increase the nonconformity of either lot and will result in both lots meeting the minimum lot area of the AG-1 Agricultural Zoning District. As no new parcels are to be created,this request would not increase residential density and would therefore be consistent with the recommendations of the Comprehensive Plan and the ITA and Vicinity Master Plan. The parcels will still lack direct access to a public street and will need to maintain access via a private access easement over the 15-foot wide private lane to ensure continued access to Indian River Road. The 10,000 square foot parcel was created by deed and was never properly established by plat.This is similar in circumstance to the property directly to the south, which was granted a Subdivision Variance to the same sections of the Subdivision Regulations in 2015. In its current form,the subject parcel is well short of the one acre minimum lot size of the AG-1 Zoning District.This proposal creates two parcels that will meet this requirement, where only one currently conforms. As the proposal will allow for both lots to better meet the requirements of the Zoning Ordinance, while satisfying the recommendations of the Comprehensive Plan and ITA and Vicinity Master Plan, Staff is recommending approval subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-", dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time,through ingress/egress easement(s). The easement(s)shall include an all-weather surface for the 15-foot wide private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. Thomas A. Brown Agenda Item 20 Page 3 3. A 20-foot tree preservation buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. Revised Conditions—August 5,2021: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B'Georgie Wilson 1.44 AC and Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-," dated August 5, 2021, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development, including a turn-around or hammerhead at the terminus of the accessway identified as Lauren Lane constructed in accordance with City standards. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25'in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat,creating the expanded 25' wide private Right of Way to be known as Lauren Lane from Indian River Road to the subject parcels.The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access.The road surface must be minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet.The Declaration of Easements shall mandate that Parcels 4 and 5 shall be responsible, along with the other parcels using Lauren Lane for access which are subject to the Declaration of Easements,forthe prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain,and if necessary supplement,a 20'treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat,which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. 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. Thomas A. Brown Agenda Item 20 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons,a subarea of Princess Anne Commons SEGA 4.South Princess Anne Commons lies within the InterfacilityTraffic Area(ITA) between NAS Oceana and NALF Fentress,a designation that reduces by-right residential density,yet overall still offers a unique opportunity for education, entertainment,recreation,and habitat preservation,by-right rural residential,and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces,and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed.There are no known natural or cultural resources associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT' 15,000 ADT 1(LOS4"D") Existing Land Use 2-10 ADT Proposed Land Use 3—20 ADT lAverage Daily Trips gas defined by a Single Family 3 as defined by 2 Single Family °LOS=Level of Service Home Homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Rd is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150 foot right-of-way for Indian River Rd. An undeveloped section of West Neck Parkway borders the subject properties. The Master Transportation Plan shows this section as a future expansion, but states that the alignment of West Neck Parkway(from North Landing Road to Indian River Road) has been moved to the area just west of Courthouse Estates and line it up with the north-south portion of Landstown Road (from North Landing Road to Landstown Road). There are no current plans to expand the roadway. No Capital Improvement Projects are slated for this area. Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells.A connection to City water may be possible via private easements. Sewer Citysanitarysewer is not readily available to the property. Health Department approval is required for septic systems.A connection to City sewer may be possible via private easements. Private grinder pumps and force main(s)may be an option. Thomas A. Brown Agenda Item 20 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 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 December 28, 2020. • 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 January 7, 2021. City Council • Five letters of opposition have been received by Staff noting concerns related to the potential loss of trees on the lots and impact to drainage and flooding. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 18,2021 and July 25, 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 July 19, 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 July 30,2021. Thomas A. Brown Agenda Item 20 Page 6 Existing Lot Configuration rniunIMMW �epe�allol_n " 0vs�px0axa0wser; / / t` / (nit12WSW2000fJ19tn h''r. ��• / • i Gs — -- d /al y PARCEL 5 / f c«31a paa1a2a2a�1en e ; -- -- won oR COMM? 11Oi*5 a BIODI _ • p omit WlrOwo00e*r., ---.. pes-i. cos oscoscsa l O1a.2.P.u' • 2.0 acres / - 1 I"'s�1.Fmso`x°eose71 PARCO. 4 31,106 San '' -ISO I.y2 101113 / K (MR.11oax.ttcaeote'1i +Iotz•wc`i / _ • ,, S., / •` /// KR GR 10I.1[%r /\ • \ / 4 n *s A woo NI- l` Iail-. tR;-3+-l012 / VII co Folmar r /' y4 (KR(M1/0127O00014SA) 1 M b• �''r.sq.ft. 8' / 6'ORVA$uwE / 12s0%ow) '\ It 3_000 AS 11/4.1IE1 IAY i M i 04 ea Fr /, / /'/ r. os►mom OVA I4113-33-IO.0 atei ,G. • (MSm N21/2CI000222120) 44.417 , / Thomas A. Brown Agenda Item 20 Page 7 Proposed Layout Of Orgy nomwnosoxn 46 ,:r4c..*i ors"110CSa76tO6QS1/) / /, / as f i 4' •/ P � ,Nmoo;;... ° /de ' y /' 1 4 li ___________— c r,,,p0co.a+oaeatn _ �' ,� fea ‘i =' PARCEL 5 i V. -------- 4WSCO• 120 ft tree if IU Parcel 5 . , buffer c6srnRomo.uloRy171 44,333 sq.ft,'''/ r 1a. r 1.02 acres ./' w • S MIMI' n ^'} �, tMS../Y.9'A4i6Co609371 11.7 1 ' i 6, \ \ leptsmaozaimaza17 PARCE 4 • ws son `MC a / �� „)N, Parcel 51,908 sq. ft. / 1.19 acres .... \. -: . scesmpoosoolcusen i 4%;-t. % \' buffet/ l 1A 11.16-io �: -vs a ro IABLY \• / "If�(•.pQ�03:3Q0076166D) / am 14043-7T1' h�36 t2 P U)• � NE y 90►13000114JA) 164 /,I5,11.p0m0,76O060l1/) \ / >c 9E AS LMIIRM Luc /, Y NOI w rater / •CPJI•14113.-.!-16A ANAi 10 6 Ci.Sr1 PQ116171000037'70) 4 Q , / Thomas A. Brown Agenda Item 20 Page 8 Revised Conceptual Plan Plan Forthcoming Thomas A. Brown Agenda Item 20 Page 9 0 w3Qo3 z� o 96 F--5"1:11[&.g Al1BDIVISION OF Q 5. / VILLAGE F j WEST NECK Cl.. Z '(INSTR./20190925000814370) 95 � >i ,45 � P. o'. PARCEL 5 43 sa 8 H 44,333 SOFT. 1.018 ACRES �h ,' w SUBDIVISION OF 93 J. '�i %4';T•./3 o VILLAGE F 0. xN..- PROPERTY ( �� z"' WEST NECK LINE �, , ,$.a•mn y (NSTR./20190925000814370 HEREBY yN - ESTABLISHED-- ,; NOW 0 92 PARCEL 4 4*.:*• PIN ♦.•... GRIN: 1e 51,908 SOFT. �i`• i•iii,� (INSTR.#201 N 1.192 ACRES ,0.# •'• • !% PROPOSED \ 91 ,43, ii^'C!1 UN-AROUND' 1� �•` PROPERTY LINES s NOW OR FORMERLY 90 " (WRY VAGIm•!•0' 15.0' THOMAS A BROWN / i �`ss0• O GPIN: 1493-44-0216 \ ry'' 1Op..,, •••, (INSTR.�20170816000699600) 890 • �� ' f •�� (M.B.62,P.43) \ zgi,if,,, .v., �,�• \ p 11Y 81 1 Oi• ••;•;•• NOW OR FORMERLY NOW OR FORMERLY ��' THOMAS A BROWN 1HOMAS A.BROWN i••••' �•• GPIN: 1493-34-8082 80 •,. / GPIN: 1493-33-7835 ••;^i•� (INS1R.�200323000267600) /� (INSTR./20180321000232120) .44 0 (M•B,62,P.43) �' ` , •!• 77 •.`44 ERLY SUBDINSION OF ` •(�;�;i•• THOMASS A.OR BROOM VLLAGE F ' ••'•• ' i WEST NECK \ �•;V GPIN:1493-33-7721 19 ' •�A•• (NSTRi20190925000814370) (NSTR#200504260060987) �` ;,:: EXISTING 15'PRIVATE LANE 78 \ AV • -i. �;•;' 15.0' — c> PARCEL 2 ;:;•;• \ \ �, 71203 SOFT. P 'M 1.635 ACRES :•."1 (INS .207 p E(Ks 'v ,•��. +1a�12a ,14, ,'. . PROPOSED 25' 13750 v^' i• INGRESS/EGRESS AND ,' , •i�.•' PRIVATE UTIOTY EASEMENT i#10'��y 2 % •..,,'r 1 (yyE .•• .2/0II NGI rS % / ••�gip! NOW OR FORMERLY / ,Gy4204 Dlq 6 , /.• THOMAS A BROWNa�,"+�D, 7Y��,,�'14 GPIN: 1493-33-5697 EXHIBIT 07, 4„.„'RNr 0 / �/ :�i•;� (INSTR/10180307000185800) T �, ""ar1-gioy /7/' �: :: (M.B.24,P.84) SHOWING PROPOSED % RESUBDIVISION •�'�.• OF PROPERTY OF / 1 APPROXIMATE LOCATION THOMAS A. BROWN e. PROPOSED 25'PRIVATE •'•••• UTILITY EASEMENT KNOWN AS 'O' (3,335 SOFT.OF PARCEL 2) °� 2892 INDIAN RIVER ROAD / �� PARCEL 1 ••••' (GPIN: 1493-34-6500) •'::•• APPROXIMATE LOCATKN (M.B. 46, P. 1) 4628ACRES :;:" PROPOSED 25'PRIVATE AND 1. ••i!�;i (4,217ENT SOFT.UTIUTY E PARCEL 1) 'B' .' GEORGIE WILSON 1.44 AC. •.CC (GPIN: 1493-33-5697) �� (M.B. 24, P. 84) �o c ft :i AND PROPERTY OF ," Ir THOMAS A. BROWN c .. •e KNOWN AS ••74:, 2888 INDIAN RIVER ROAD ^ "' ':•:•:'• (GPIN: 1493-34-8082) • ( N •,•• NOW OR FORMERLY � �'i•i�•4" THOM A W4AS BRO (M.B. 62, P. 43) /At• GPIN: 1493-34-6500 AND (INSTR./20200904000818970) J.C. DAVIS PARCEL 2 AC.± •• (N.B.46,P.1) A' (GPIN: 1493-44-0216) �'r0 VIRGINIA BEACH, VIRGINIA l AN Ri VER rl,4R DATE: AUGUST 9, 2021 R�� Rogo SCALE: 1' 100' Hayden Frye and Associates,Inc. I Land Surveyors 0 50 100 200 300 FEET 333 KHLIA h.A/ROAD,Se t 200 1 1 ' J VIRG IN IA BF'ACH,VAS 23462 GRAPHIC SCALE: 1" = 100' (11'X�17") PH:(57)a9L72tR F7L450491-7229 Site Photos . $ ,v. h �`I-.4 I. r5 - `' y tl. y SF , • rQ s3' ` s i 1 4 ' fL;&1 %..q ” r '4 4 Ifs' G 1 I ; I , cli 1J! fll , N,` tile-:`' 'ht ; ,,,, V � f 'k f 1 ,4 •, •T + ..<� �-.., ffrr 1 , -,,,_:::-.. .: - .,,--, ----,,,iv:..,-,,,,-; :::.„-c...:'.-7-.:2-4t=7" -. ''..;--..----7--..,-,:.. .=-L,.-- - . . .,,,-;3:tobigt • •�. -zx ".. .,t zw3s^• i.�y�cif v,�a.4. .ia - ,--,,,--. .I. .a .--f OVA r4 , �- a �.: r ! k' I 1, n sF of ,- I '' 1 tip!#e, , x d j li K 1 } thii f se �1 AN; { ` y/�.. 1 1N �.' r r. 4` 4'� . i .x, a ►t ') 1:.,.. s °ki' , °: .: `:II , I ,,�,I ', O ,I, I,' ."l � :i(1 i q d• 1 T., s.. L ;',,-.:,,,A, 1 sT ,,,- . P:4 r cEr Thomas A. Brown Agenda Item 20 Page 10 Disclosure Statement > APPLICANT'S NAME 74,49," %. ief° "- 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 A..eals Certificate of Floodplain Variance Appropriateness r-_ — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may Vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Tannin,Commission and Cit.Council meetin. that;ertains to the a:i lication(s). ® APPLICANT NOTIFIED OF HEARING DATE: 07/14/2021 cia NO CHANGES AS OF DATE: 07/14/2021 ' REVISIONS SUBMITTED DATE, AA / r� / Thomas A. Brown Agenda Item 20 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization.io /J (A) List the Applicant's name:_____711W44' L7_, ^+RD47A) 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) �A (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) hA See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner's different from Avt'Sicant. kiCheck 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 /� (A) List the Property Owner's name: 7l!74!y _ry_^'aD"JA/_ If an LLC, list the member's names: Page 2 of 7 Thomas A. Brown Agenda Item 20 Page 12 Disclosure Statement N/13 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship.' means "a 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 A -116 Page 3 of 7 Thomas A. Brown Agenda Item 20 Page 13 Disclosure Statement 'NB APPLICANT ._ `Vir jnia Beac); YES I NO-1 r SERVICE 1 PROVIDER outsokionai sheets If] ❑ j Accounting and/or preparer of your tax return MIIIIIIIIIII n RIArchitect/landscape Architect/ RI Land Planner 1 ❑ M Contract Purchaser(if other than the Aaplicant1-identify purchaser 0and purchaser's service providers Any other pending or proposed ❑ Yam! purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EZConstruction Contractors — Ahl ' ❑ Engineers/Surveyors/Agents , N ,AV Financing(include current ❑ mortgageed being and lenders t selected or being considered to '/col_1r(fr. -4) Y(3434/) r n financing for acquisition o co / , , or construction of the property) ""`%ma i i/ ❑ Z Legal Services — _ _ N Real Estate Brokers/ IX ❑ Agents/Realtors f rcurrentof and L /� anticipated future sales of the — �'?�ee 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 ❑ ig 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? NA Page 4 of 7 Thomas A. Brown Agenda Item 20 Page 14 Disclosure Statement NA3 Virginia Beach !CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1 APPLICANT'S SIGNATURE pw PRINT NAME DATE' Page 5 of 7 Thomas A. Brown Agenda Item 20 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 20 Page 16 Items # 20 Thomas A. Brown [Applicant& Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 2888 Indian River Road January 13, 2021 RECOMMENDED FOR APPROVAL- CONSENT-WITH ADDED CONDITION OF 20' BUFFER Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also places the following applications for 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 to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. 2 Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-", dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time, through ingress/egress easement(s). The easement(s) shall include an all-weather surface for the 15-foot wide private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. A 20-foot tree preservation buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. 3 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 January 6, 2021 Mr. Aubrey A. Trebilcock Virginia Beach Department of Planning aTrebilcock@vbgov.com I am writing as a follow up to our phone conversation of January 4, 2021 concerning the property at 2888 Indian River Road, which is adjacent to my home at 2929 Charisma Court in Virginia Beach. My wife and I purchased our home in December of 2012. The primary feature of the property was its privacy, as it backs up to a beautiful, heavily wooded area. At the time, our research into the parcel indicated that the land was in the city's long-range plans to be an extension to the West Neck Parkway between North Landing and Indian River Roads. Over time we saw that those plans seemed to be pushed further and further down the road as various real estate agents and others told us that the property in question was considered wetlands. In the past two years we learned that the parcel was privately owned, as the owner was speaking with two of our neighbors concerning access to the property. While appreciating the owner's property rights allowed in the current Agricultural zoning, I do have concerns as they relate to our home. The personal reasons are the aesthetics, as they were a primary reason for our choosing this home. A secondary, but important concern, is its potentially negative affect on our property value. However, our MAJOR concern is the effect of any development, removal of trees, and lack of an appropriate buffer to our property, particularly with regards to severe drainage issues which currently exist with the parcel and ultimately the homes on Charisma Court. I, as well as other neighbors affected by the proposed development, have spent literally thousands of dollars to mitigate the notoriously poor drainage in the entire area. Out of necessity, and after spending over ten thousand dollars with Winesett Irrigation and Chris Gildersleeve, our back yard is 80% planting, decking, and gravel. Despite nine drains, buried down spouts, and constant mulching, drainage is still poor. Currently, the upper levels of the parcel(s) in question are higher than our property and are totally saturated and inaccessible by vehicle and exceedingly difficult on foot. Further development, removal of trees eliminating absorption and facilitating more run off, would possibly render our property unusable. In your considerations and possible future development, I would hope that the current water table, any grading or plans would include the preservation of as much of the wooded area as possible, a retention pond or other serious forms of water mitigation, and a natural buffer to maintain, to the greatest extent, the value and use of our properties. Mr. Trebilcock, thank you so much for your patience and your professionalism, and I look forward to working with you to ensure the rights and the quality of life for all parties concerned. Mr. Keith Lynch, Jr. 2929 Charisma Court Virginia Beach, VA 23456 757-453-6501 Iynchnj@cox.net From: EI To: Aubrey A.Trebilcock Subject: 2888 Indian River Road-GPIN(s): 1493348082, 1493440216 Date: Friday,January 8,2021 10:07:44 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Aubrey A.Trebilcock Virginia Beach Department of Planning atrebilcockPvbgov.corri As per our phone conversation on January 07, 2021 I am following up with an email describing my concerns for the development of above mentioned properties. On a personal level, I will be saddened by the removal of Nature for the building of homes. The present condition of the surrounding land is a main reason for purchasing this property in 2012. Hopefully the lots will be big enough to minimize the natural impact. Initially, it did not seem probable that any construction would take place anytime soon, as there was a proposed roadway that was far back on the list of improvements. The major concern is drainage. Although I am at the high end of the street, I had had to spend over $7,000 to improve drainage, which included 4 drains and flower beds. The back yard was so wet, no grass would grow, and all we had was mud. I consider myself the lucky one on the street in that regard, although, I still have some wet/muddy areas in my back yard. Please take into consideration the drainage problem with the removal of trees and building up of the land before approving a building project. As you know,the area in question is very swampy with little or no access. It is very concerning to think about more water runoff coming the way of the residents on Charisma Court. Thanks so much for the opportunity to voice my concerns concerning the above mentioned property. Our phone conversation was pleasant and you were very open, helpful and available. Reguards Albert and Mary Daly 2937 Charisma Court Virginia Beach,Virginia 23456 419-779-5323 Aldaly730@gmail.com From: emassie4(@aol.com To: Aubrey A.Trebilcock Subject: Variance Application 2020-PCCC-00293 Date: Thursday,January 7,2021 2:09:38 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr.Aubrey A.Trebilcock Department of Planning and Development City of Virginia Beach aTrebilcock@vbgov.com Re: Thomas A. Brown Subdivision Variance 2888 Indian River Road 2020-PCCC-00293 Dear Mr.Trebilcock, We are writing to express our concerns about the above variance application.After our conversation the other day,it is our understanding that the applicant wishes to reconfigure two lots to create two saleable buildable lots of equal size,resulting in one house on each lot. Our concerns are twofold: 1) When we purchased our house in December, 2016,we assumed that the woods behind it would not be developed,which is why we chose this particular location. 2) Much more importantly,it has taken us several years to control the significant drainage problem we experience in our back yard. Our efforts,combined with those of our immediate neighbors,created French drains,buried gravel ditches,and buried downspouts, costing several thousands of dollars. The trees on the proposed lots help to control an already poor drainage area. If we lose a significant number of the trees in the woods in the course of building two houses,the drainage situation will be greatly exacerbated. We urge you to consider whatever steps that can be taken to mitigate this potential threat to our property. Thank you for your kind assistance in helping us to understand this application. Please forward our concerns to the members of the Commission for consideration before the hearing on January 13. Sincerely, Eleanor Massie and John Taylor 2956 Elegance Lane Virginia Beach,VA 23456 508-237-1382 emassie4@aol.com From: Maxine Tate To: Aubrey A.Trebilcock Cc: maxine tate Subject: variance and homes behind Rosecrest Village in West Neck Date: Saturday,January 9,2021 1:40:58 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir: My neighbors and I are very concerned about the consequences of the houses that are proposed to be built in the woods behind many houses in Rosecrest in West Neck..I live on Elegance Lane so this directly affects me..our concern is that they will cut all the trees down in the woods behind us and cause massive flooding...we have horrible drainage even with the trees there and most of us have spent$1000's putting drains in..If they cut down all the trees these drains will not be enough to stop the flooding that will happen..l think the city planning commission should really look into this..it is going to be a major problem and the city of Virginia Beach already has major drainage problems in many neighborhoods.We dont need more. Thank You very much for your consideration, Maxine Tate 2968 Elegance Lane Virginia Beach,Va.23456 757-689-0078 From: Thomas Carini To: Aubrey A.Trebilcock Subject: BUILDING HOMES IN THE WOODS BEHIND OUR HOME AT 2933 CHARISMA COURT. Date: Saturday,January 9,2021 12:37:34 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. MR. AUBREY A. TREBILCOCK VIRGINIA BEACH DEPT OF PLANNING JANUARY 9, 2021 DEAR MR. TREBILCOCK: AS YOU ARE AWARE OUR NEIGHBORS AS WELL AS US ARE QUITE CONCERNED ABOUT THE ISSUE OF BUILDING HOMES IN THE WOODS BEHIND OUR HOMES. WHICH ARE ON WET LANDS CAUSING FLOODING ON OUR PROPERTY. AGAIN, ALONG WITH OUR NEIGHBORS, WE HAVE SPENT THOUSAND OF DOLLARS ON TRYING TO REPAIR THE FLOODING ON OUR PROPERTY, THERE IS NO RUN OFF! THE TREES IN THE WOODS SOAK UP AN ABUNDANCE OF RAIN WATER. SO FOR US TO LOOSE THE TREES, WOULD ONLY EXACERBATE THE SITUATION. THEREFORE, BUILDING HOMES IN THE WOODS WOULD ALSO BE DEVASTATING FOR NEW HOMES AS WELL AS US. MR. TREBILCOCK WE THANK YOU IN ADVANCE FOR ALLOWING US TO VOICE OUR CONCERS AND HOPEFULLY YOU ARE VERY MUCH CONCERNED AS WELL AS WE ARE REGARDING THE FLOODING PROBLEM.... RESPECTFULLY SUBMITTED, THOMAS AND MARYANN CARIN OF 2933 CHARISMA COURT.757 689 8707 CARINI2@COX.NET S ,6 SYKES, BOURDON, A L AHERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON,JR. VIRGINIA BEACH,VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 July 29, 2021 MOLLY R.KISKIRK B. ER MICHAEL J. LEVY* HOWARD R. SYKES, JR. DAVID M. ZOBEL Via Email and Hand Delivery •Adrrutl,d m Wain's and Waah.nglon DC The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley 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 Thomas A. Brown for a Subdivision Variance to Sections 4.4(b) and (d) to reconfigure by boundary line adjustments two (2) legally existing parcels into two (2) less non-conforming parcels; Deferred by City Council on February 16, 2021 [2888 Indian River Road(GPIN: 1493-34-8082)and(1493-44-0216)] Dear Mayor Dyer, Vice Mayor Wood, District Representative Henley and Honorable Members of City Council: Subsequent to City Council's virtual public hearing on February 16, 2021, Mr. Brown retained my services to represent him with respect to the Subdivision Variance requests referenced above. To hopefully provide some clarity, the two (2) subdivision variances advertised [i.e. to Sections 4.4(b) and (d)] are, with respect to these two (2) existing and proposed reconfigured lots, for all intents and purposes the same variance. Section 4.4(b) of our current Subdivision Ordinance requires lots created now in the AG-2 District to have the minimum dimensions set forth in Section 402 of the Zoning Ordinance which calls for a minimum of 150 feet of lot width at the front setback from a public street. Section 4.4(d) of our current Subdivision Ordinance requires lots created now in the AG-2 District to have "direct access to a public street" (i.e. not by access to a public street via a privately owned and maintained street). Access to the two (2) existing legally created parcels is provided by a 15 foot wide right of way designated "Georgia Wilsons 15' Right of Way" on that certain subdivision plat of the "PROPERTY OF GEORGIA WILSON" prepared by W.B. Gallup, dated Nov. 22, 1963,Rev,June 17, 1964 and recorded in Map Book 62 at page 43 (I have attached a copy of this Plat with highlights). The parcel having an address of 2888 Indian River Road is included on the afore referenced"PROPERTY OF GEORGIA WILSON"subdivision plat and S B SYIKES, BOURDON. A L AII£RN &LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 2 of 6 is designated "Fred Whittington Deed of Record". The dimensions of this Parcel are 100' x 100' and it contains 10,000 square feet. It was initially created by Deed from Georgia Wilson to Fred and Rebecca Whittington dated August 4, 1961,recorded August 18, 1961 in Deed Book 691 at Page 541. That Deed to the Whittingtons was accompanied by a Deed of Trust from the Whittingtons to Wise Homes Inc. who it appears built the home which was on the parcel from 1961 to 2019 (i.e. 58 years). The property and house at 2888 Indian River Road was foreclosed upon in September of 1963 by Wise Homes Inc. and subsequently conveyed to Kelco Inc. (President-Frank Kellam,Atty. Floyd Kellam) in October of 1963,prior to the September 1964 recordation of the afore referenced PROPERTY OF GEORGIA WILSON subdivision plat, prepared by W.B. Gallup, in Map Book 62, at page 43 which I have attached. It appears that Kelco Inc. rented the house out from 1964 until selling it to Isaih and Madeline Morris in January 1977. The Morris' owned, and we believe resided in the house until 2013 when the home was foreclosed upon and subsequently sold to the predecessor in title to Mr. Brown. Prior to my client, Mr. Brown, acquiring the property in 2020 the 58 year old house was razed by the City (2019) because it was in disrepair, represented a health/safety danger and the prior owner apparently refused to either repair or demolish the structure (see attached pictures of the house taken in 2013). The 15 foot lane providing access to the two (2) lots which are the subject of this request appears to now be referred to on City Maps as "Morris Road". The road was previously platted in December of 1949 with a two (2) parcel Subdivision recorded in Map Book 24 at page 84 which accompanied a Deed from Georgie(sp) Wilson of one (1) of the parcels depicted on that 1949 Subdivision Plat. In 1949, Princess Anne County had no Subdivision Ordinance or Zoning Ordinance. The second property,which is the subject of this variance request to facilitate an adjustment in the boundary lines between the two (2) existing parcels, contains two (2) acres. Ms. Wilson conveyed this two (2) acre parcel to James T.C. Davis and Mamie Davis by Deed dated May 27, 1964 and recorded September 30, 1964. This Deed describes the property by referring to the W.B. Gallup prepared,but as of the May 27, 1964 conveyance date not yet recorded, "PROPERTY OF GEORGIA WILSON" subdivision plat which was S G SYKES, BOURDON. ,\`I. AII£RN&LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 3 of 6 recorded on September 30, 1964 (Map Book 62, Page 43). This parcel which is designated "Formerly Georgia Wilson Now T.L. Davis 2 Ac± Deed of Record" on the subdivision plat was then and is now accessed via "Georgia Wilsons 15' Right of Way"as depicted on the subdivision plat. As they exist today, I assert that these two (2) parcels are legally subdivided, based upon the W.B. Gallup prepared subdivision plat which includes monuments of all corners of each Parcel and was signed off/approved by the City's Planning Director(Mr. Mason Gamage), the City's Engineer (Mr. Kiley), the City's Director of Public Works and by the Health Department (see the copy of this September 1964 subdivision plat attached). Given the parcel at 2888 Indian River Road also met the dimensional requirements of the AU Zoning District when it was created and a home was constructed, occupied and taxed by Princess Anne County and the City for nearly 60 years, the City should and has,in scores of other cases under similar circumstances,with less compelling evidence,recognized and confirmed the legality of lots like this one in the AU District. As your professional staff has reported, the proposed boundary line adjustment does not create any additional parcels or residential density and is consistent with the recommendations of the Comprehensive Plan and the ITA guidance. By reconfiguring the boundaries of these two (2) parcels, both new parcels will meet the current minimum lot area (one acre) in the Agricultural Zoning District and both new parcels will be at least 150 feet in width. As previously noted, when 2888 Indian River Road was created and the home was built on it around 1961, it met the 10,000 square foot minimum lot area then required by the Princess Anne County Zoning Ordinance. Thus the degree of non-conformity of the existing two (2) parcels with current zoning requirements will be reduced by the Resubdivision. These variance requests are for the same two(2)legal non-conformities that exist for the two(2)existing parcels. The non-conformities were created by adoption of the dimensional and direct public street access requirements many years after these parcels existed. Pursuant to Section 4.4(b)(1) and (2) of the City's present Subdivision Ordinance,this resubdivision could have been approved by the Zoning Administrator and/or Planning Director administratively. 11 SYKES. BOUI1DON. \`I AIIERN&LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 4 of 6 This proposed reconfiguration creates two (2) more conforming, better quality parcels which will be more in keeping with the character of rural residential parcels in the southern areas of the City. By submitting to this Subdivision Variance process, Mr. Brown has agreed to the following conditions: 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. ±", dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25' wide private Right of Way to be known as Lauren Lane from Indian River Road to the subject parcels. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcels 4 and 5 shall be responsible,along with the other parcels using Lauren Lane for access which are subject to S.11 SYKES. $OURDON, %\`I. AHERN&LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 5 of 6 the Declaration of Easements,for a prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain, and if necessary supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages at West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. These applications come to City Council with recommendations for approval from both your professional staff and from your Planning Commission. I am aware of a February 7, 2021 correspondence from Ms. Lisa Clarkson objecting to this application which contain a substantial number of assertions, both factual and legal,which are simply inaccurate and plainly wrong. In this letter she also recklessly levels blatantly false charges of unlawful, illegal, grossly negligent, and deliberately subversive acts against Mr. Brown,who has complied with all laws and not violated any regulatory codes. Ms. Clarkson also recklessly makes the blatantly false and frankly absurd charge that the City is "illegally" allowing the "by-right" development of a home on a legally existing parcel in the Agricultural District (prior to June 28, 1994), to pass with title to the parcel, when the purchaser is a "developer" who intends to build a house on the property. As her basis for this absurd allegation, she contends that building a home on these lots is precluded by Section 402(b) of the City Zoning Ordinance. Ms. Clarkson apparently overlooked the following language in Section 402(b) that directly refutes her allegation of illegality: "Nothing herein shall be construed as prohibiting the use by right of a lot lawfully created on„or prior to the effective date of this ordinance (i.e.June 28, 1994) for the purpose of constructing one (1) single family dwelling SIR SYK£S, BOURDON. A I_ AH£RN&LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 6 of 6 Obviously in our great country,everyone is free to express their opinions so long as they are not slanderous or libelous and Ms. Clarkson is certainly welcome to express hers. Mr.Brown is an upstanding Virginia Beach native who has no criminal record,nor record of violating development and building regulations or ordinances. He has always worked diligently, cooperatively and honestly with City staff and City inspectors. The building of a home on each of these two (2) parcels will not occur until the City reviews and approves the stormwater management plan for each. Thank you for your consideration of this information. Should you have any questions or concerns that I may be able to address,please do not hesitate to call or email me. With best regards, I am Very t ours, R. Edward Bourdon,Jr. REBjr/arhm Attachments cc: Thomas A.Brown Robert J.Tajan,Director,Department of Planning&Community Development B.Kay Wilson,Deputy City Attorney Aubrey Trebilcock,Planner,Department of Planning&Community Development H:\AM\Subdivision Variance\Brown\Indian River Road\Dyer_Ltr 7-12-2021.docx Existing Lot Configuration paeepeeeel=eeeMa> 3r• �siala.,n./' o � // / / Ct ' i (1611141111000111MONn N 6Iz Q 1 / nPooeM7eeoaoaeJ)II o. PARCELS ! (�e . a VI 7t7C1 . If SO (IQrW fa +ssaoree7l s.. 41.i. r t aa•t05 A PM \ Fyn t t Sr, ow i*3-14-C 14 , WW1 7111e.tY+[i .'� 12 (wok Ow7oawoaolYyT \.. 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MINAS A 9xw ,\ LLB 62 P.'U) / DPW,1y}`}p21 OF PROPERTY OF MR/2M909250000143}0) THOMAS A. BROWN 5A / �7i. /I 15'PPoYATE LANE /(NSTR/10 0 50 4 2 61ID609B1),,\,' TO BE maw as LAUREN UM KNOWN AS yx OR,ter • 2888 INDIAN RIVER ROAD / /' NOVAS A BMW. C. (GPM:BT,67-p6`808z) 0 11'1493-13-1615 MR (NSIN.A20'80r21000N2120) R� P� AND !\ / J.C. DAVIS PARCEL 2 AC.± \ / / (SPIN:(N.8.662 P. U)16) /. AROMA . VIRGINIA DATE: SEPTEMBER 30. 2020 SCALE: I':SD' 1-1.n.dsnProc;And Anommcs.Inc. Allik Land Surveyors 0 23 3C I00 1511 FEET NW .,.r...1.21...,Toi CRAPINC SCALE,•50' rn•�.-• IMP�Rms.*WMP-a-a. _ SHEET I OF t �� \\,c) E 0 Q o R. ,, 0 0 D , 0 N0 O O O Lc) r V T Q\ "0 p/ _7 / c o :7i4 . N NCNIEt d o , t \\ 6 , _ Q a ct o� 1100 k III— co .— th N SQL. G c =Jqo oo, o co fi N \ . /JT'`, .(3? l• - -- Q •ci.: N 0 D ‹). S Q 0 ).\6 n -0E Q\ ,o,' o '04/ >, 0, I' 0 /�g 1, c2. 2 E)-- re. n a N m oo K 0, 7 a oo N ": CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b & d) of the Subdivision Regulations) for the property located at 2892 Indian River Road (GPINs 14933356970, 1493334650). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: August 17, 2021 • Background: This item was deferred by City Council on August 3, 2021 in order for the applicant to address concerns raised by the City Council regarding access, drainage, and utilities. Prior to this meeting, the applicant's representative provided four suggested revised conditions to replace the three conditions that were recommended by the Planning Commission. Following the August 3, 2021 City Council meeting, the applicant's representative verified with Staff the ability to indeed connect these parcels to City sanitary sewer service. As a result, those conditions were modified and a new condition was added, condition 5 under "Revised Conditions" on page 4, to ensure this will occur. Each of the parcels will have a unique grinder pump and service line that will connect to a shared private low pressure force main that will discharge the effluent into the public sewer system, likely within Candle Pine Lane. Condition 6 was also added to ensure that the properties and improvements to the private access will be reviewed holistically for stormwater management purposes. An updated plan was also provided to the Planning Department on August 6, 2021 attached herein that depicts an increase of the width of the accessway, known as Lauren Lane, by easement, from 15 feet wide to 25 feet wide with a 20-foot wide pavement section in a manner to support emergency vehicles, as well as a hammerhead at the terminus of the accessway. A combination of the applicant's suggested updates and Staff's modifications are provided below on pages 3 and 4 as "Revised Conditions" and are indicated by underlined text. The applicant is proposing to reconfigure two agriculturally-zoned lots along Indian River Road, measuring 1.66 and 1.44 acres. The 1.66-acre lot, addressed as 2892 Indian River Road, was legally created by subdivision plat in 1958 (MB 46 P 1). The 1.44-acre lot, which has not been addressed, was legally created by Deed in 1949 (DB 269 P 180 and exhibited in MB 24 P 84). Each existing lot is permitted to construct a single-family residence. Neither of the existing lots meet the AG-2 Thomas A. Brown Page 2 of 4 Zoning District minimum requirements for street frontage or lot width, 120 feet and 150 feet respectively. The 1.66 acre lot currently has 57 feet of street frontage and 62 feet of lot width. The 1.44 acre lot currently has eight feet of lot frontage and 18 feet of lot width. The resubdivision results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1.64 (Parcel 2), thereby meeting the minimum lot area requirement; however, Parcel 2 is proposed to front on a private lane with zero frontage along Indian River Road, short of the 120 feet required in the AG-2 Zoning District (Section 4.4(b)). Since this lot will no longer have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, and the required minimum street line frontage of 120 feet cannot be met (street line frontage is equal to 80% of the required lot width per Section 4.4 (b)) variances to both street line frontage and lot width are required. • Considerations: The proposed reconfiguration will increase the lot width of both lots, resulting in lots that are more in line with existing standards. Consistent with the recommendations in the Comprehensive Plan for this area of Virginia Beach, there will be no increase in density as no new lots are proposed and the existing lots were both legally created in the 1940s and 1950s. While the relocation of the lot lines will eliminate the existing street frontage of the 1.44-acre lot, albeit minimal, the result of vehicular access exclusively along an existing 15-foot wide private lane is common practice in this area. In fact, five parcels in the vicinity and one other along this private road were created by Subdivision Variance for lack of frontage along a public street. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of opposition that was provided to the Planning Commission. Concerns noted in the letter were related to impacts to natural resources and what they believed to be an increase in density; however, as noted above both existing lots were legally created, and the request seeks only to rearrange the property lines and not create new lots. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request subject to the conditions below. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which Thomas A. Brown Page 3 of 4 has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access. The lane must be a minimum 20-feet wide; the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150 feet. Revised Conditions: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC and Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-," dated August 5, 2021, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development, including a turn-around or hammerhead at the terminus of the accessway identified as Lauren Lane constructed in accordance with City standards. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25' wide private Right of Way to be known as Lauren Lane from Indian River Road to the subject parcels. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcel 2 shall be responsible, along with the other parcels using Lauren Thomas A. Brown Page 4 of 4 Lane for access which are subject to the Declaration of Easements, for the prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain, and if necessary, supplement a 20' treed Buffer Preservation Easement on proposed Parcel 2 along the shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Letter from Applicant to City Council Updated Exhibit dated August 9, 2021 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/2/W Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing February 10, 2021 411k/B City Council Election District Princess Anne 8 Virginia Beach Request Subdivision Variance (Section 4.4(b&d) of the Subdivision Regulations) Staff Recommendation Fayette' Yadkin' IIP Approval _ ,,, 111!�,�Staff Planner ;r• r Aubrey A.Trebilcock ( • o • `� / E Location 2892 Indian River Road110:\ inch,„, r0 G PI Ns 0,,,,0W,a 14933356970, 1493334650 W°Way Site Size 3.10 acres AICUZ • tilt Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District -* - r.; • , Single-family dwelling/AG-1 &AG-2 r i Agricultural . Surrounding Land Uses and Zoning Districts 1., i, .• North hit' - , - , $ Single-family dwellings, undeveloped/AG-1 Agricultural & PH-D1 Planned Unit x i 2 4 r. P ;e . r` Development , R,"a * .+c.t`. 4 • 4 South . - ". Indian River Road ` � y r` Undeveloped/AG-2 Agricultural •Coil' -{ _, ., Y d ak .i . ' A7"!1 '� A J ti-�y East a' t,',+',�v�',, .""I� . �..;... v '� + AY,µ a�° s. < s+j� sj s l .. Private Road .a a 1. **4,'Ja. iA =r ^°,a V "fRi` Single-family dwellings/AG-1 &AG-2 r "* y,., ,z`►` ,4= °°�( p �y 'A, a k ..xi' , Nvit �i:� Agricultural West Single-family dwellings/AG-2 Agricultural & PH-D1 Planned Unit Development Thomas A. Brown Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the two subject lots, measuring 1.66 and 1.44 acres, along Indian River Road.The properties are zoned AG-1 &AG-2 Agricultural Zoning District. • The 1.66-acre lot, addressed as 2892 Indian River Road, was legally created by subdivision plat in MB 46 P 1 in 1958. The 1.44-acre lot,which has not been addressed,was legally created by Deed in DB 269 P 180, and exhibited in MB 24 P 84, in 1949. • The proposal results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1.64 (Parcel 2). The proposal will result in Parcel 2 no longer having frontage along Indian River Road, only being accessible by a private 15-foot wide private lane. Since the lot will no longer have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance to Section 4.4(d) of the Subdivision Regulations is required. • The 1.66-acre lot currently has 57 feet of street frontage and 62 feet of lot width.The proposal will increase both the street frontage to 67 feet and the lot width to 85 feet.The 1.44-acre lot currently has 8 feet of lot frontage and 18 feet of lot width. As it will lose access to a public street, the street frontage will decrease to 0 feet.The lot width for this lot will increase to 270 feet, as lot width is measured at the front setback of the lot. Since the existing nonconforming street frontage will be decreased even further, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed g Street Line Width Width AG-2 Area Proposed Lot Lot Frontage (feet) (feet) (acre) Area (feet) (feet) (acre) Parcel 1 120 67 150 85 1 1.46 Parcel 2 120 0 150 270 1 1.64 Zoning History # Request S /U 1 SVR(Lot width,Access to Public Street)Approved 09/27/2011 0n Pt, 2 SVR(Access to Public Street)Approved 04/26/2011 r 3 CUP(TV Transmitter Tower)Approved 03/21/1986 9 4 SVR(Lot width,Access to Public Street)Approved 09/27/2011 4 ""44- 2 5 SVR(Lot size,Access to Public Street)Approved 8 12/13/2016 A°= 6 MOD Approved 05/13/2008 CUP(Residential Planned Unit Development) Approved 05/11/1999 0. 7 SVR(Street Frontage, Access to Public Street)Approved •°' 09/15/2015 CUP(Residential Kennel)Approved 11/21/2018 9 CUP(Funeral Home,Cemetery,Crematorium)Approved 03/09/1999 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 Thomas A. Brown Agenda Item 8 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is requesting to reconfigure the existing lots to improve the shape and marketability of the lots. Although legally created, neither of the existing lots meet the AG-2 Zoning District minimum requirements for street frontage and lot width.The 1.66 acre lot currently has 57 feet of street frontage and 62 feet of lot width.The 1.44 acre lot currently has eight feet of lot frontage and 18 feet of lot width.The minimum street frontage required is 120 feet and the minimum lot width is 150 feet.The lack of width may limit prospective development closer to the road frontage, particularly on the 1.44 acre lot. The proposed reconfiguration would increase the lot width of both lots.The proposed relocation of the 1.44 acre lot would remove its current minimal street frontage and place it fully along the 15-foot wide private lane where access to the properties is common.This would not be a unique exception within the context of the neighborhood,as the Zoning History above includes several examples of lots granted Subdivision Variances for lack of frontage along a public street. The property directly to the north and along this same private lane, 2884 Indian River Road,was also granted a Subdivision Variance for its lack of street frontage and access to a public street. Both lots will continue to exceed the minimum lot area of the AG-1 and AG-2 Zoning Districts.As no new lots are created and the existing lots are buildable by-right,there will be no increase in residential density.This is consistent with the recommendations of the Comprehensive Plan and Interfacility Traffic Area (ITA)and Vicinity Master Plan which seek to limit the density of residential development within the ITA.As the request is not out of character with the surrounding neighborhood and fits the development pattern recommended by the Comprehensive Plan,Staff is recommending approval subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25,2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Thomas A. Brown Agenda Item 8 Page 3 2. Legal ingress/egress for Parcel2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times,through ingress/egress easement(s).Said easement(s)shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access.The lane must be a minimum 20'wide, the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wallfrom an approved roadway within 150'. Revised Conditions—August 5,2021: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B'Georgie Wilson 1.44 AC and Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-," dated August 5, 2021, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development, including a turn-around or hammerhead at the terminus of the accessway identified as Lauren Lane constructed in accordance with City standards. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25'in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat,creating the expanded 25' wide private Right of Way to be known as Lauren Lane from Indian River Road to the subject parcels.The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access.The road surface must be minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet.The Declaration of Easements shall mandate that Parcel 2 shall be responsible,along with the other parcels using Lauren Lane for access which are subject to the Declaration of Easements,for the prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain,and if necessary,supplement a 20'treed Buffer Preservation Easement on proposed Parcel 2 along the shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat,which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. 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. Thomas A. Brown Agenda Item 8 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4. South Princess Anne Commons lies within the InterfacilityTraffic Area(ITA)between NAS Oceana and NALF Fentress,a designation that reduces by-right residential density, yet overall still offers a unique opportunity for education, entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known natural or cultural resources of significance associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT' 15,000 ADT (LOS4"D") Existing Land Use 2—10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips gas defined by a single family 3 as defined by two single family 4 LOS=Level of Service home homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot right-of-way for Indian River Rd. Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells.A connection to City water may be possible via private easements. Sewer City sanitary sewer is not readily available to the property. Health Department approval is required for septic systems.A connection to City sewer may be possible via private easements. Private grinder pumps and force main(s)may be an option. Thomas A. Brown Agenda Item 8 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 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 January 25, 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 February 4, 2021. City Council • One letter of opposition has been received by Staff noting opposition to any increase in density and potential enviornmental impacts. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 18, 2021 and July 25, 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 July 19, 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 July 30, 2021. Thomas A. Brown Agenda Item 8 Page 6 Existing Site Layout -` -- t- .__ ,�. �/— Fr • / N OR Ft1ill[i?it' , r \. 11 115 A SIMI / tt ` .. (Pk114}-33-1� 1 / (milt e332 00023270) cA11F ' . , � manta ' / -.� t2045t142WC6098 'O. .4 i - % * / (1418 OCI$04110:03Jt.l7'S O r( al ram s / T►siAIAS A.WOO ��011t 14.}-3+<-6►503 '1' //� TT� .....1.I i i I;LIWO • ... 1 .66 . 1 .44 w acres acres A A !KIM CR FOUOl NOW A. 8ROM GI ►49l-1S-5697 4 � �y// P SO I , Y a li / • • / NCO CS FOi lENLY 11HGASA, MOM ' 1 CAN 1493-33-7721 / (NSTR pot 900250004T4370) TS' MIVATE ONE ' TO et 11FIE>rM AS LN.ADI WE K72150r'6 4a47 RIP ke R„V�, EXHIBIT ©A© RESUBDMSION or NICK T' Or THOMAS A. BROWN Thomas A. Brown Agenda Item 8 Page 7 Proposed Lots et) *4 / NO.all iCt r <# , 11 { / n Wit i 33-7 5 �14 CM*ll7M00321021737i2k .4161R 1203504NOMS7) ; - . — j tst< ori VAR 0tt1 1iJO) soil o ram, #. .64 r acres �F,- r,f NB 46.P t)-- .,te , r..� ' / `-- E aR ram Y / NV 11A ► A Eft: tom}-3 -Si87 41 w / 1 .46 N4 s.P. $4) ,/ acres r 1 A / f i 1 i i #4.4,-*. LI.. k+ .. ,, \-NOW!fit FO .Y t` d , onal:NA$ - s ! KSIR notes 'e37o) / 15' MATE N 1 / v.,./ 10 +1 AMIN le utRt+ UWE I N i7 410 nevi EXHIBIT VAn RESUBDISION THOMAS A, BROWN Thomas A. Brown Agenda Item 8 Page 8 W 3ao8 _ Z� 96 C C o gUBDIV1SION OF N"Qg / VILLAGE F / p,.' 5 � , WEST NECK z (INSTR./20190925000814370) 95 )1, ,45 i M ?qz� 44 s4 PARCEL 5 43 g m ti 44,333 SOFT. 1.018 ACRES �h w"' . o rY`! bQl�i i 4">' MJ SUBDIVISION OF 93 o h' .5�.0''� ,�� `, �= VILLAGE F =� • Qv` ' " i`�" WEST NECK PROPERTY UNE ,pa•� s (NSTR./20190925000814370 ESTABLISHED '' ^'. NOW C \ • •� ' THOMA 92 PARCEL 4 ••:•;•;•;, ' GPIN: 14 51,908 SOFT. .o •.o,. NS R.t2o, N 1.192 ACRES PROPOSED 4i 0;•• •• �,i:� *HAMM \ 91 •. •`•ACC. TURN-AROUND' \• -PROPERTY ONES 4i**, NOW OR FORMERLY 90 '✓ IfREBY VACATED 4 ' 15.0' 1H0MAS A.BROWN 4' GPIN:1493-44-0216 .4.,../ /°°200 .' ONSTR./201708160006ss800) 89 NP9(F) �°�o�p �00BF••��'' (M.B.62 P.43) <" y,, / / 0 \ •,, •* 81 �;�;f•� NOW OR FORMERLY / NOW OR FORMERLY •• .°ii THOMAS A.BROWN / THOMAS A.BROWN i•.•i� ♦/ GPIN: 1493-34-8082 gp ,� GPIN:1493-33-7835 ••��•� (INSTR./20200323000267600) , i� (INSTR.p0180321000232120) ,..44., (M.B.62,P.43) / - .�' ••• 77 SUBDINSION OF 1 ••;•;••, NOW OR FORMERLY �/ VILLAGE F •Vi THOMAS A.BROWN , WEST NECK 1 , ••••p GPIN: 1493-33-7721 (NSTR.#200504260060987) 79 i •%!�;i!• (NSTR.N2015'PRIVATE 70) !.'. 0:p• EXISTING 15 PRIVATE LANE a o PARCEL 2 .❖;% 15.0' 7\ ,. ^ 71203 SOFT. •••,, IN pq \-\ r a' 1.635 ACRES .�...%•b (SIgd1078o47�0p03 '�" H �ii•••• PROPOSED 25' 73257) .,� otPP! INGRESS/EGRESS AND ti ry�•�' PRIVATE UTILITY EASEMENT rit47$11:471. IN Nf '4�l208/ pA�ESs fj/ ,�.•••!• • NOW OR FORMERLY 80412°2360-3: 6 o, � • THOMAS A MOWN nvPtq . /•••❖ GPIN: 1493-33-5697 EXHIBIT 4190401260114741 ��//: •�.„:" (INSm.#2O180307000165800) 4?_�i �j • ,��•• (M.B.24,P.84) SHOWING PROPOSED T `� RESUBDIVISION �� , �:��•• OF PROPERTY OF APPROXIMATE LOCATION THOMAS A. BROWN ..• PROPOSED 25'PRIVATE i 4�7/ (3,335 1L11Y EASEMENT 2) KNOWN AS •,'.••• 2892 INDIAN RIVER ROAD s o� PARCEL 1 • 4441 (GPIN: 1493-34-6500) 63,668 SOFT. •,,r APPROXIMATE LOCATION (M.B. 46, P. 1) POP 25' 1.462 AC •: UTIUTY EASEMENT AND RES (4,217 SOFT.OF PARCEL 1) 'B' GEORGIE WILSON 1.44 AC. t,...� ,�ik •i•'C (GPIN: 1493-33-5697) v �, (M.B. 24, P. 84) Q� - J' AND ••.' PROPERTY OF • THOMAS A. BROWN KNOWN AS 2888 INDIAN RIVER ROAD .h. ;o., . e �F,�/•••,% NOW OR FORMERLY (GPIN: .1 62, P. 43) ) "".•� %' THOMAS A BROWN (M.B. 62, P. 43) 0%%•. MN: 1493-34-6500 AND �'.. (INSTR./20200904000818970) ;, (M.B.46,P.1) J.C. DAVIS PARCEL 2 AC.t (GPIN: 1493-44-0216) A (M.B. 62, P. 43) N0� 'v Rj�R(V� R VIRGINIA BEACH, VIRGINIA DATE: AUGUST 9, 2021 " RO SCALE: 1•=100' q0 Hayden Frye and Associates,Inc. �, Land Surveyors FLLSM ROAD,SCITF.200 I � VIRGINIA BEACH,VA.,2346¢ GRAPHIC SCALE: 1" = 100' (11"X17") PH:(57)491-722R F7(75n 497-7719 Revised Conceptual Plan Plan Forthcoming Thomas A. Brown Agenda Item 8 Page 9 Site Photos .;":4(104‹.....„1 -N -, y 'el ! \---ate 1 .,. ` 4. i1 • ` ..�;. .fir i ,I '$ r* . Y' `` ,+ ;00: A'�` . >A N1\, ; ; y .1446, 5iffi�rr •R•J is i , _ " •. : c r 1 illpil 008, w.aa t ag, fi b. _ r(3}Y! r � t. c6, } ti P Y: 4 i.'I..- 1 c4 y t' 1 -T. I I'j4 t /�T 1 yUe:��1.f„ `lA -`� �` A- �: 4 5a.i, i` Ail - -�� ' 1.. <' a � ,fib.-�. `1=*aw n .4 =.. F Q~ a k f 5 t f . 21K.. mil. Thomas A. Brown Agenda Item 8 Page 10 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 / l ,,af4 f de Ote)4/ Does the applicant have a representative? ❑Yes X No • If yes,list the name of the representative. 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. Revisec 11.09.2020 1 I Thomas A. Brown Agenda Item 8 Page 11 Disclosure Statement Disclosure 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 SNo • If yes,what is the name of the officia!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 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 es,identify the company and individual providing the service. 4,0/At 770 HQ" Akin) (441friC,;#01.4)4)C/) 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?0 Yes X No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?0 Yes X No • If yes,identify the purchaser and purchasers service providers. Revised 11 09.2020 2 Thomas A. Brown Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement 1/13 r..niF,gt..i..Rrxt Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?, Yes ❑No • If yes,ide ify the firm and individual providing these vice. y ,J F,�y� Ate, 4 . � . 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to he operated on the property?0 Yes 1°1f 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. Applicant Signature ,1 _ 7 4 f I . d oi.JA) Print Name and Title ///30/ZoZo 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 No changes as or Dote 07/192021 Print Name Aubrey Trebilcock Revised 11.09.2020 3 Thomas A. Brown Agenda Item 8 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 8 Page 14 Item # 8 Thomas A. Brown [Applicant & Property Owner] Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations) 2892 Indian River Road February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for 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, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and `B' Georgie Wilson 1.44 AC." dated November 25, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access. The lane must be a minimum 20'wide, the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150'. 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. 3 February 7, 2021 City of Virginia Beach Planning and Community Development 2875 Sabre Street, Suite 500 Virginia Beach, Virginia 23452 Staff Planner: Aubrey A. Trebilcock via email Re: Objection to the proposed subdivision variance of 2892 Indian River Road; and a standing objection to Thomas A. Brown altering any and all AG-zoned property he has acquired in the Southern Rivers Watershed with the intent to build single- family dwellings. Dear Ms. Trebilcock: Please consider this objection to the subdivision variance requested by Thomas A. Brown scheduled to be heard by the Planning Commission on February 10, 2021 (GPINs 14933356970 & 1493334650);as well as an ongoing and continuing objection attaching to all AG-zoned property Thomas A. Brown has acquired off of North Landing and Indian River Roads,' to prevent his ongoing destruction and depletion of critical resources which are relied upon by existing property owners—as he continues to unlawfully and negligently build residential structures where no structures have ever existed, and where land alteration is strictly prohibited without express authority? Thomas A. Brown does not have a,"right to build,"any of the properties he has recently acquired in,or out of,this section of Indian River Road.3 For the City to continue to illegally allow this, "right,"to pass to builders/developers in direct conflict of the legislative intent of Section 402(b) constitutes gross negligence in that it deliberately subverts the codified protections afforded to existing property owners.4 In 1994,the City enacted building and density restrictions on agricultural property to prevent deterioration of lands with soils unsuitable to extend City services, and thus unable to sustain development.5 The 1994 provision restricted density to one single-family dwelling per 15 acres of land.6 The only exception was made for lots existing prior to June 28, 1994 larger than 15 Thomas A.Brown recently purchased GPINS 1483733501 and 1483753601 consisting of over 20 acres of well- established forests necessary to protect existing properties. His intentions are to build residential structures where none are permitted. 2 Thomas A.Brown unlawfully removed trees,altered lands,and built three single-family dwelling units on less than three acres of land where only one structure existed prior at the corner of Indian River Road and North Landing Road without seeking and/or receiving City Council's express consent for a density variance(GPINs 14836519480000; 14836601560000; 14836578980000). He further removed trees and built a single-family dwelling on a wooded lot at 2761 Indian River Road without obtaining authorization from City Council. 3 This"right"is referenced in the recommendation for approval of the subdivision variance. The area in question is immediately in detriment due to an overwhelming increase in development more than ten times the amount allowed. 4 See the discussion prior to enactment of 402(b)in City Council's meeting on June 28, 1994. 5 See City Council Agenda and Minutes from March 5, 1991 relating to the Southern Watersheds. 6 See Section 402(b)as enacted on June 28, 1994. Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. acres; and a hardship right to the owner of property at the time the legislation was enacted. Though the dimensional requirements of 402(a)have changed with regard to setbacks,8 height,' and density allotted for lots connected to City services.10 The only provision altering the over 15 acre requirement removes the road frontage provision to divide 15 acre lots into two lots if in existence prior to enactment of 402(b).11 Nothing allows a property owner to build a single- family dwelling where none has existed prior on less than 15 acres of land; and nothing extends the hardship right of the property owner at the time of enactment in 1994 to subsequent property owners. Applying this hardship right to recent property transfers defeats the purpose for which the provision was enacted,and causes a direct and irreparable harm to the individuals and properties the code is intended to protect. The current request of Thomas A. Brown relating to 2892 Indian River Road is yet another subversion wherein an outside builder profits off of empty lots they recently acquired. Without any authorization,Mr. Brown removes dense forests and vegetation in violation of the code provisions applying to the Agricultural District and Southern Rivers Watershed. This unauthorized and unprecedented removal of resources has caused irreversible damage to existing property owners who rely upon these established soils to control the extraordinary amount of runoff that has been negligently directed through existing properties and structures on its way to the North Landing River. There are nine properties which Mr. Brown has acquired at 2892 Indian River Road to further subdivide and build well in excess of the density allowable.12 The earliest recorded title to Thomas A. Brown on any of these properties was March 12,2015.13 This property was subsequently subdivided into two lots utilizing the"by-right" subdivision of over 15 acres as allowed if established prior to the 1994 enactment of Sec. 402(b).14 One of those lots was further subdivided in May of 20181s creating a density of one new structure requiring well and septic on a single acre of land.16 As such,the GPINs currently held in this area by Thomas A. Brown have more than exceeded the allowable density under the code." To allow the property to be further altered, subdivided, and built upon continues a dangerous precedent the City has set wherein lands are being acquired and stripped of all resources under the assumption that a new single-family dwelling may be built upon"by-right"so long as it is in excess of one acre. This negligence has caused irreversible damages to existing properties below the Green Line, and has resulted in erosion and See 1994 enactment of section 402(b)entitled"Residential Density,"subdivision of one pre-existing lot over 15 acres into two lots if requirements are met. 8 October 2001,November 2018 9 June 2003 19 October 2001 " February 1996 removes the 300 feet of public roadway frontage. 12 GPINs 1493332751; 1493330760; 1493332346; 1493335697; 1493337835; 1493339800; 1493337221; 1493348082;and 1493440216. 13 GPIN 1493332751 in Instrument#201500021376 "GP1Ns 1493331623 and 1493332751 15 GPIN 1493331623 GPINs 1493236482; 1493238472; 1493231316;and 1493331623. "Intent of the City with regard to density provisions. 2 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. diminished use by existing property owners who the City is tasked with protecting by strictly enforcing laws which protect these owners.18 GPIN 14933356970: Thomas A. Brown purchased a vacant lot on March 7,2018 from Cassandra Gunkel.19 Ms. Gunkel acquired the property on January 17, 2006.2° At no time has this lot carried the"right to build" since it is neither 15 acres,nor owned by the same individual when the protection was enacted. GPIN 1493334650: Thomas A. Brown purchased this property from Lakeview Loan Servicing as a foreclosure on August 20, 2020.21 The owner of the property at the time of Lakeview's foreclosure was Charles Brooks.22 Charles Brooks took title to the property on February 2, 2004.23 At that time, one single-family dwelling was erected on the property. As such, the municipal code allows a rebuild of this structure,not demolition and subdivision. The City, and its agents,are assuming a single build"by-right"on any AG-zoned parcel over one acre,without regard to the density requirements. This gross negligence is in direct conflict with Section 402(b)and detrimentally affects those who the legislation was enacted to protect— existing property owners below the Green Line on the date the legislation was enacted NOT builders/developers who bought the land with the sole intention to subdivide and build.24 There are additional properties Thomas A. Brown has acquired with these same intentions 25 The City, and its agents,have been repeatedly notified that zoning is bypassing the requirements for nonconforming use permits on vacant lands less than 15 acres. As such, builders are removing trees and altering earths in order to accommodate an illegal single-family dwelling leaving existing property owners no remedy to rectify what the code was implemented to protect. As recently as February 2,2020,Thomas A. Brown has moved to develop the property adjacent to mine,26 which has been forested for decades and served as a buffer between four single-family dwellings on less than five acres of land. To strip and build this sliver of forest because it is over and acre is inconceivable and illegal. When the Conners acquired the property, it was in a subdivision of a larger lot wherein a single-family dwelling was built upon. The"by-right" 18 See the discussion and intent of Southern Rivers Watershed and Agricultural Districts. 19 Instrument#201800018580 20 Instrument#200600006983 21 Instrument#202000081897 22 Instrument 4202000014639 23 Instrument#200400018340 24 Section 402(b)and VBCC Minutes June 28, 1994. This is in direct contradiction to the purpose of the 1994 legislation,and is allowing preferred developers to purchase,build,and flip property to the detriment of existing property owners who are the intended recipient of this protection. 25 Thomas A.Brown has done this with numerous properties(see GPINs above). And will continue to do so until the City acts in accordance with the laws which protect existing property owners(GPINs 14837335010000; 14837536010000;and 13975586170000 slated to be built). is Instrument#202100009571/72 3 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. provision has already been exercised before Mr. Brown approached Mr. Conner in late 2018 and offered well over land-value for an unbuildable lot. After destroying this buffer Mr. Brown has set his sights on the densely wooded lot at the northeast corner of Indian River and North Landing Roads. The objective of the code when building in the agricultural district is that if a dwelling must be built—it is built upon farmland which has been tilled and cleared for years in preparation of crop production. The code never intended, and has never permitted,a builder to remove trees and vegetation that has been established for decades in North Landing River Watershed in order to build a structure. Repeated requests to zoning,planning, and City Council have yielded no results in preventing Mr. Brown from clearing this or any other lot to build a single-family dwelling on heavily restricted lands where the property rights lie with existing owners and not builders who intend to build and flip vacant lands. As such, I respectfully request you deny Thomas A. Brown's current request for a subdivision variance. Further, I humbly ask the City to fine Mr. Brown for all alterations to agricultural lands he has made without obtaining City Council's express authorization for a nonconforming variance, and that such funds be put into an account to remedy the destruction Mr. Brown has inflicted upon e 'sting property owners. Sin ' re1 , Li a M. Clar on 3808 North L ding Road Virginia Beach, Virginia 23456 757.301.8822 landline 757.450.3329 cellular lisa@lisaclarkson.com cc: Bobby Dyer, Mayor via email Mark Stiles, City Attorney via email Patrick Duhaney, City Manager via email 4 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. t 1 r;`_r _ . t # t t„„ ° • i ' ' $ !!! z` • I"S'rt.:.-- t. "ity . . s'N-sZ4:1.:k7 7::-....tli.'i Virginia r r 46 „ .. w fi +tom t ` t4 � R , Ii ? 1 "!{fit'{ �t x + ,f i Y # ' s { . , 41'-P�f'_f�4;apo M %\ n A ti. t g ; B x 0'I I t .♦ s h <1 gym,' .;. ' " `.. . The area in question lies directly below the Green Line and is already suffering irreversible damage due to an extraordinary increase in development at a rate higher than was anticipated when Council enacted the density provision in 1994. 5 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. VYJ :zinia Beach Property Map _ - " 11 - % :: t Fad address of pbce Cl w. r /i 1 / / / / ,O Po,...:7,.!,,, ,..........,/ '.P,-/.-•,,., ././.1: /4 / ›,, - 1 7 / /---' 1 a \ � , i , All of the lots Thomas A. Brown has acquired(light blue) only allows a rebuild of two residential structures"by-right"to the existing foundations. Complete destruction of the existing structures,removal of trees, impression of lands, and building of new structures all must be expressly approved by City Council before resources are destroyed in order for Council to assess the long-term damage such actions have on all of the existing properties to the south in the North Landing River Watershed. Slum,, Usk,Pool Y:S Co Stump] ^+eCk Lai.Golf Annex `"of" Virginia `NBeach s • , :Peron Rag.Gott .. t club Z c 76,. ltth is i Pta uii A.*bury >:rw(.>§- Landing Fold (A F TY F,ntn NJ F r Flack Egan' Natcpat YiWkle Rob** eak Ek Nbtrns FSS ti 7 rnw.. Mapping of the forested properties Thomas A. Brown recently acquired with the intent to build single-family dwellings. All have either been stripped, or are in the process of being stripped of natural resources existing residents rely upon. 6 of 6 S .B SYKES, POURDON, A L AHERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH,VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT MOLLY R. KISER FACSIMILE: 757-456-5445 July 29,2021 KIRK B. LEVY MICHAEL J. LEVY• HOWARD R. SYKES. JR. DAVID M. ZOBEL Via Email and Hand Delivery •Aemvtled mYircrtia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley 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: (1)Application of Thomas A.Brown for a Subdivision Variance to Section 4.4(b)for proposed reconfigured"PARCEL 1-1.462 ACRES",which as currently configured fronts 47.48 feet upon Indian River Road and was legally created by a Subdivision Plat recorded November 5, 1958 in D.B.562,at Page 170 ("Georgia Wilson to Lee Etheridge 1.27 AC.") having GPIN: 1493-33- 4650;and(2)Application of Thomas A.Brown for Subdivision Variances to Section 4.4(b)and (d) for a reconfiguration of an existing 1.44 acre parcel which currently has no measurable frontage on Indian River Road and no direct access to Indian River Road as legally created by Deed recorded December 31, 1949 in D.B. 269, at Page 180 and depicted on that plat subdividing "Property of Georgie Wilson Located near North Landing" recorded with the referenced Deed on December 31, 1949 in M.B. 24, at Page 84 (thereon designated "'B' GEORGIE WILSON 1.44 AC.")having GPIN:1493-33-5697 to create"PARCEL 2-1.635 ACRES" Dear Mayor Dyer, Vice Mayor Wood, District Representative Henley and Honorable Members of City Council: Subsequent to City Council's virtual public hearing on Februaryl6, 2021, Mr. Brown retained my services to represent him with respect to the Subdivision request referenced above. In an effort to provide clarity to what is being sought with these two (2) applications to reconfigure the boundary lines of two (2) existing legally created parcels presently containing 1.66 acres (Georgia Wilson to Lee Etheridge 1.27 Ac.)and 1.44 acres ('B'Georgie Wilson),attached you will find highlighted copies of the recorded plats which legally created the existing parcels in December 1949 (MB 24, PG. 84) and November 1958 (D.B. 562,at Page 170) respectively. Please note that the 1949 Plat in MB 24 at page 84 depicted the then existing 15 foot Lane contiguous with the southeastern boundary of the parcel designated "`B' Georgie Wilson 1.44 AC", and that the parcel had no depicted or designated frontage on S [l SYKES, BOURDON, A`I. AIIERN&LEVY,P.0 The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 2 of 5 what was then designated"(New Town) Cross Road",other than the point where a "pin" was placed on the right of way line of the public road. Consequently, this parcel's only access to a public road has always been via the 15'private lane and the parcel's frontage on a public road (now Indian River Road) has always been negligible,as depicted on this plat. Please note that the 1958 Subdivision Plat mis-calculated the acreage of the Georgia Wilson to Lee Etheridge Parcel which,based on extensive monumentation of the adjoining properties, has been confirmed to contain 1.66 acres and have frontage on Indian River Road of 48.47 feet. Also,note that this 1958 Plat included a 15'right of way dedication to the County for future widening of what is now Indian River Road which one might argue created 15 feet of right of way frontage (perpendicular to the actual road) for the previously created "Parcel 'B' Georgie Wilson 1.44 acres". This needle thin frontage could not provide any vehicular access which would only be attainable from the 15'wide lane. The City does not consider such boundaries that are perpendicular to the roadway as frontage. The proposed reconfiguration of the Georgie Wilson to Lee Etheridge 1.66 acre parcel to create a 1.46 acre "Parcel 1" with the applicant's proposed Resubdivision Plat only requires a Subdivision Variance to Section 4.4(b)for lot width at the building setback to 65 feet instead of 150 feet as now called for. This is a 17± foot greater lot width than the parcel presently has and the new parcel's frontage is the same as the existing parcel's. The proposed "Parcel 1" conforms to applicable requirements in each respect that the existing parcel did and in the aspects that the existing lot did not conform, lot frontage did not change and lot width was increased,reducing the degree of non-conformity. The proposed reconfiguration of the existing'B' Georgie Wilson 1.44 acre parcel to create a 1.64 acre"Parcel 2"with the applicant's proposed Resubdivision Plat requires Subdivision Variances to Sections 4.4(b) for lot frontage on a public street and 4.4(d) for lack of direct access to a public street. The proposed"Parcel 2"meets the lot width at the building setback and all other dimensional requirements. These identical legal non- conformities exist with the current 'B' Georgie Wilson 1.44 acre parcel and the reconfiguration creates two (2) more conforming, better quality parcels which will be more in keeping with the character of rural residential parcels in the southern areas of the City. S B SYKES. BOURDON, l_ AHERN&LEVY.P.0 The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 3 of 5 As your professional staff has reported, the proposed boundary line adjustment does not create any additional parcels or residential density and is consistent with the recommendations of the Comprehensive Plan and the ITA guidance. This proposed reconfiguration creates two (2) more conforming, better quality parcels which will be more in keeping with the character of rural residential parcels in the southern areas of the City. It is my opinion that this Resubdivision is squarely within provisions of§4.4(b)(1) and (2) and could have been approved without the necessity of these variance applications. However, by submitting to this Subdivision Variance process, Mr. Brown has agreed to the following conditions: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A.Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The applicant/owner shall widen the 15' Private Road serving Parcel 2 to 25'in width and record a Declaration of Private Ingress/Egress,Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25'wide private Right of Way to be known as Lauren Lane from Indian River Road extending along the entirety of Parcels 1 and 2 and beyond. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire SYK£S. BOURDON. `l. AR£RN&LEVY.P.0 The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 4 of 5 apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcel 2 shall be responsible,along with the other parcels using Lauren Lane for access which are subject to the Declaration of Easements, for a prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain and if necessary supplement, a 20' treed Buffer Preservation Easement on proposed Parcel 2 along that portion of its rear(western)boundary line that is shared with Lots 79,80 and a small portion of Lot 81 in The Villages at West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. These applications come to City Council with recommendations for approval from both your professional staff and from your Planning Commission. I am aware of a February 7, 2021 correspondence from Ms. Lisa Clarkson objecting to this application which contain a substantial number of assertions, both factual and legal,which are simply inaccurate and plainly wrong. In this letter she also recklessly levels blatantly false charges of unlawful, illegal, grossly negligent, and deliberately subversive acts against Mr. Brown,who has complied with all laws and not violated any regulatory codes. Ms. Clarkson also recklessly makes the blatantly false and frankly absurd charge that the City is "illegally" allowing the "by-right" development of a home on a legally existing parcel in the Agricultural District (prior to June 28, 1994), to pass with title to the parcel, when the purchaser is a "developer" who intends to build a house on the property. As her basis for this absurd allegation, she contends that building a home on these lots is precluded by Section 402(b) of the City Zoning Ordinance. Ms. Clarkson S f� SYKES, BOURDON, '1 A-JERN&LEVI P C The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 5 of 5 apparently overlooked the following language in Section 402(b) that directly refutes her allegation of illegality: "Nothing herein shall be construed as prohibiting the use by right of a lot lawfully created on or prior to the effective date of this ordinance(i.e.June 28, 1994) for the purpose of constructing one (1) single family dwelling Obviously in our great country,everyone is free to express their opinions so long as they are not slanderous or libelous and Ms. Clarkson is certainly welcome to express hers. Mr.Brown is an upstanding Virginia Beach native who has no criminal record,nor record of violating development and building regulations or ordinances. He has always worked diligently, cooperatively and honestly with City staff and City inspectors. The building of a home on each of these two (2) parcels will not occur until the City reviews and approves the stormwater management plan for each. Thank you for your consideration of this information. Should you have any questions or concerns that I may be able to address,please do not hesitate to call or email me. With best regards, I am Very truly yours, R. Edward Bourdon,Jr. REBjr/arhm Attachments cc: Thomas A.Brown Robert J.Tajan,Director,Department of Planning&Community Development B.Kay Wilson,Deputy City Attorney Aubrey Trebilcock,Planner,Department of Planning&Community Development H:\AM\Subdivision Variance\Brown\Indian River Road\Dyer_Ltr 7-27-2021.docx (\(\ ' -t p ?t Ge • f . Q�C C J =/ • -It . c. X. of 4 q . b .V Nts .11/ pt h ,l \ h1 �' o o VC V b4 S. I 1a II I of lb- * .,_T i✓(Qnd i7 Cross f4oaa/ To "cic7f0 -- ProPerfy of Geordie Wi/son // locate./mast- :-ClerA's Office of The Cir-ei9Cow'af Princess Ann.Couwhrl, A/OR . 5'A/(�•E Cq k4. 110 dal of •-1••..., 19 49._. This Plot was scale:/-/oo' vec z2,/9¢9 wgeldeed recorded in D. B. Z(.1 - -Page_Lig__and CCJ•d 6L - Coo/ ,�y $NrVyor to reconi. ^' 4 Tesie:14.b..aw.e..3._.lJmlier N park l I W I Opllup a ce.t bed fvnget do hereby CO f fr STATE OF viRG!NlA 1 thot the source of tele of ("tarp*. Wi/Jere COUNTY OF PRINCESS ANNE to w t , Is by deed duly recorded it the C must Court of P mess anA�tr� ,L,- Anne County Vo in Deed book Page I 1 ") T.lo+ory Pub!c n end for and that M s plot was mode by me o'the d reckon of the the County and Slab ve ofesed do h ar ereby t fy that , owners and that th s plot s ant rely w lb n the boundor es ++^ - D-Ir -+si'--whose nome n,rgnef to me of land catered by the above ment,ened deed and that forego rig wr ring bearing dent on the A: 'Soy or concreted steel aim as spec fed by the Pr noes%Anne County +9 CJ...a-6u., Its Eli,howl acknowledged the some Subd.rs on Negulat o s e e actually n place at points bet°a me n my County end State aforesaid e�_�(r� naked thus a d that the t loco'o s a r a ecdy G.en code my ho d th s,p;s�day of LUc When shorn 19!"r/ ZirrA f th t fubd•toe popery of Ml cam-•st o era a Vy 4., 1; 04 2_ n west , Pr ess Anne County Vo a .+ f 3 P 7 oppson on this plot s••th the free copse r o d accord The enders g td cart fe that the svld.son et n op once w th the des re of the undert gned ow e W Itress the follow rig s gnotvrcs th dos of 19 peon on th s plot canto ens to the taps table regvbt o s elm q to the acrid r s en of land and is accord nee appr'�� os the by such approYss of l the u deyigned street does not toms, as to coneetntu oft••boundary frrN+or oche. t net a shore on th s /J Q� (/��r��r'�'// ' I,'c If r Sr. O- _ : i eon ♦ t y + 1 t v ty 1 a 0 v V I a o� °L � J _ l I N R a'a e 1a� / -" 1 • e+ / : - • �' y`' I II r �� `� � 'off lti t .\ P i 1t f1. a h kW ai 612, , , , p^t. 'il fufa 0. / diISb� �t ` S �l` 4 p^l •a(l9�kd' 5 4` a v tip. -!Oy Sqv ' y e. -k-> 'et .9� • Piopes/.a) o t 6to.J,t M%/aorj h-- \ Le Om/t,pia, t -"_ .p',' .%'d- 7W .4N G'D/, -PR/NCI—SS.4NNE Ce,V4 s‘ . �� TG .Scale /-/00 ' Oe,/;195'( 81 / • k / 80 s�� / NOW OR FORMERLY ,' •\ ..,,/ �_,f.• ,. \, THOMAS A BROWN / 77 GPIN: 1493-33-7835 j qHg04 OF, / (INSTR.4'20180321000232120) , , VILLAGE F ' WEST PECK \ 79 / ' N. �_` ANSTR 20D504260060987) / Q •o , NN/ k PARCEL -1 71,203 SCUT. PARCEL KI 1.635 ACRES (INS1R.120180418000313750) NOW OR FORMERLY / THOMAS A. BROM1! e / _ (INS .j2iR 020 090400 818970) Z, / ,___ _ (M.B. 46, P. 1) - t. ` M1. „,� / • I W v`O I,=Y3 fp /�i7 NOW OR FORMERLY --, § THOMAS A. BROWN / �� Z , �. 5 41 /� ♦ allEMIEMilli (INSTR.t20180307000185800) I v p� N.B. 24, P. 84) R / ^ , z / s 4� / V ARCEL 1 \ U R 63.668 •1 QQc? ., 1.462 ' / ;n_: \ w• , NOW OR FORMERLY •' / THOMAS A. BROWN /' 1 GPIN: 1493-33-7721 / (NS TR.#201909 2500081 4 370) N72'25' `W 48.4 -\ ,' , /NDIA k Is s]•f - NRI�RrViAv vvuu R BIl Ir0Ah �_ SHOWING PROPOSED �'i(1 RESUBDMSION 07 PROPERTY OF THOMAS A. BROW' j KNOWN AS 2892 INDIAN RIVER ROAD (GPIN: 1493-34-6500) (M.B. 46, P. 1) AND 'B' GEORGIE WILSON 1.44 AC. (GPIN: 1493-33-5697) (M.B. 24, P. 84) VIRGINIA BEACH, VIRGINIA DATE: NOVEMBER 25, 2020 SCALE: 1"=100' Hayden Frye and Associates,inc. P. Land Surveyors 0 50 100 200 300 FEET ` 333 KEL AM ROAD,SU/TR 203 I rY as i— c,` if VALVI GA REAM VA..2 462 GRAPHIC SCALE: 1" = 100' . - •�` pH.(7s73 491-722e PX475)491-7ta, AG 1 AG 1 AG 1 AG2 AG2 AG-2 A�G�2 �' _esa-taw, B2 _Ro / g 0 ad- ♦ . G2 AG 1 • A Site Robert Nelson, et al. w West Landing Road Property Polygons QZoning Building Feet 0 50100 200 300 400 500 600 ( ....., 4 (...) ,../...„ ,,:,,..,, ,.„ .„, „,, ....,t F.,. .„ __ .„. ,..„, ...,.., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT NELSON, ET AL. [Applicant & Property Owner] (Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance) for the property located along West Landing Road (GPIN 1492624123). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 17, 2021 • Background: The property was created by deed in August 1972 (DB 1295, P 54) and recorded with the Clerk of the Circuit Court. At the time of recordation, the lot met all the requirements for the A-R Agricultural District and the City has taxed the lot as configured for over 50 years; however, a plat was never recorded. While the property currently meets the physical requirements of Section 402 of the Zoning Ordinance, property within the Floodplain Subject to Special Restrictions cannot count towards meeting the minimum lot area or lot width requirements. While the property does meet the required 150-foot lot width, all but 1,300 square feet of this property falls within the Floodplain Subject to Special Restrictions. A subdivision variance is required to properly recognize the lot. A Floodplain Variance is also being requested as the applicant desires to develop the property with a single-family dwelling. Section 4.10 of the Floodplain Ordinance does not allow new residential structures on lots created after October 23, 2001 to be placed in the Floodplain Subject to Special Restrictions. Due to the fact that the majority of the property is located in the Floodplain Subject to Special Restrictions, it would be impossible to develop this lot entirely outside this area. As the lot does not properly exist, the Floodplain Variance is required. • Considerations: When the lot was established be deed in 1972, it met all of the Agricultural District requirements, was assigned a unique Geographical Parcel Identification Number (GPIN) and was taxed as configured by the City for over 50 years. In addition, while the property is zoned for Agricultural use, there are other single-family residences with varying lot sizes around this property along West Landing Road. Had the lot been legally platted in 1972, a residential structure could be built without the need for a Floodplain Variance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A speaker in opposition registered for the Planning Commission Public Hearing, but ultimately withdrew their opposition prior to the item being heard. Robert Nelson, et al. Page 2 of 2 • Recommendation: On July 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0 1. The lot shall be legally recorded substantially as depicted on the submitted exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less" dated March 29, 2021 and prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. When the property is developed, it shall be in substantial conformance with the exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less" dated March 29, 2021 and prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Fill shall be limited to the minimum necessary for placement of the septic system and associated drainage field and driveway, in accordance with the requirements outlined in Section 4.10 B.4 of the Floodplain Ordinance. 4. The residential dwelling shall be elevated using a pile foundation to further minimize the use of fill on the property. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: h/0 Applicants& Property Owners Robert Nelson, et al. Agenda Items Planning Commission Public Hearing July 14, 2021 21 8 22 City Council Election District Princess Anne City of Virginia Beach Requests #21 -Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) #22 - Floodplain Variance (Section 4.10 B. 3 of Floodplain Ordinance) Staff Recommendation Approval Staff Planner ape Whitney McNamara1111 a`r"e,"s Y.. Location -_ . West Landing Road GPIN 1492624123 ' Site Size 1.4 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North - North Landing River, non-tidal wetlands /AG-2 Agricultural i� ;5t. .`r ' ..O 1 South `_. ) j ' ., West Landing Road v• 4 t�.z^aw1� �' t. Single-family dwellings/AG-2 Agricultural M s r -v . - ` East A 2,11 Undeveloped forest/AG-2 Agricultural West Sri Undeveloped,former Marina/ B-2 Community Business Robert Nelson, et al. Agenda Items 21 & 22 Page 1 Background & Summary of Proposal • According to City records,the property was created by Deed in August 1972 (DB 1295, P 54).The Deed is recorded in the land records maintained by the Clerk of the Circuit Court. • The property contains 1.413 acres with 212.67 feet of road frontage. Despite the fact that the property met all of the A-R Agricultural District requirements when it was established in 1972,and that the City has taxed the lot as configured for over 50 years and assigned it a separate GPIN, it was never recorded by a plat as required. • The applicant is seeking a Subdivision Variance to allow this lot to be legally created and therefore recognized as a developable parcel. While physically the lot meets the current requirements of Section 402 of the Zoning Ordinance, which requires properties in the Agricultural District to have a minimum lot area of at least one acre and a minimum lot width of 150 feet,the Zoning Ordinance does not allow property within the Floodplain Subject to Special Restrictions to count toward meeting either the lot area or lot width minimum requirements. While the property does meet the required 150 foot lot width, all but 1,300 square feet of this property falls within the Floodplain Subject to Special Restrictions.Therefore,a Subdivision Variance is requested for lot area. Proposed Lot Area Minimum Lot Area Existing Gross removing Minimum Lot Proposed Lot Width (square feet) Lot Area Floodplain(square Width(feet) (feet) (square feet) feet) Parcel 43,560 61,565 1,300 150 156.37 • A Floodplain Variance is also requested because the applicant desires to develop the property with a single-family dwelling.Section 4.10 B.3 of the Floodplain Ordinance does not allow new residential structures on lots created after October 23, 2001 to be placed in the Floodplain Subject to Special Restrictions. Due to the fact that the majority of the property is located in the Floodplain Subject to Special Restrictions, it would be impossible to develop this lot entirely outside this area. • Almost 29,000 square feet of non-tidal wetlands are present on the property and the 50-foot Southern Rivers Watershed Management Buffer runs along the noth and east sides of the property.The applicant is proposing to avoid development in these areas to limit environmental impacts. .a, Zoning History # Request % 1 MOD(Modification of Conditions) Indefinitely Deferred / (3/22/2011) `�� MOD(Modification of Conditions)Denied 10/26/1999 CRZ(AG-2 to Conditional B-2)Approved 11/14/1997 "1 IA / CUP(Commercial Marina)Approved 10/14/1997 2 SVR(Section 4.4(b))Approved 01/09/1996 2 ;Q 3 SVR(Section 4.4(b)and 4.4(d))Approved 04/25/1995 3 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 Robert Nelson,et al. Agenda Items 21&22 Page 2 Evaluation & Recommendation Subdivision Variance As mentioned above,when the lot was established in 1972, it met all of the Agricultural District requirements; however, the lot was never created by plat as required. It was assigned a unique Geographical Parcel Identificate Number(GPIN), typically assigned to legally established lots, and the City has taxed the parcel as configured for over 50 years. While the property is zoned for agricultural use,there are other single family residences with varying lot sizes around this property,along West Landing Road.The Zoning Ordinance specifically excludes property within the Floodplain Subject to Special Restrctions from counting toward either the minimum lot area or lot width requirements. Because the majority of the lot's land is located in the Floodplain Subject to Special Restrictions,the lot will not meet the minimum lot area requirements of one acre, necessitating a Subdivision Variance to officially record the plat for this parcel.The property technically has 156.37 feet of frontage along West Landing Road,which does meet the lot width requirements in the Zoning Ordinance. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Floodplain Variance Section 4.10.B.3 of the City's Floodplain Ordinance prohibits residential dwellings from being constructed in the Floodplain Subject to Special Restrictions on lots created after October 23,2001.The property does not have ample area outside the Floodplain Subject to Special Restrictions to develop with a residential structure.To minimize fill,the applicant is proposing to limit fill to the installation of the septic system and drainage field,and driveway.The proposed residential structure will be constructed with a pile foundation to eliminate the need for additional fill for the foundation.No mitigation is proposed as the majority of the site is within the Floodplain Subject to Special Restrictions. Section 6.4 of the Floodplain Ordinance states: No variance shall be granted unless the following requirements are met: 1. Such variance will not create or result in: a. Unacceptable or prohibited increases in flood heights b. Additional threats to public safety c. Extraordinary public expense d. Nuisances;or e. Fraud or victimization of the public 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. Robert Nelson,et al. Agenda Items 21&22 Page 3 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. Variances shall be the minimum necessary to provide relief. 6. All variances shall meet all of the requirements of the Chesapeake Bay Preservation Area Ordinance(Appendix F) and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. In Staff's view,the granting of the Floodplain Variance is acceptable due to the physical characteristics of the property,as opposed to a personal hardship of the applicant.Had the lot been legally platted in 1972 when it was created,a residential structure could be built without a Floodplain Variance. In addition,the property is in the unique situation that it has been taxed by the City for over 50 years as a separate, buildable lot. The proposed development will be required to meet all development standards for properties located within the floodplain as well as be required to be two (2) feet above the base flood elevation (BFE)or the hydraulic grade line(HGL)from the stormwater model,whichever is greater. Due to the location of the property,there may be times where the road and/or driveway to access the property will be flooded. Based on the above evaluation, Staff recommends approval of the Subdivision Variance and the Floodplain Variance, as conditioned below. Recommended Conditions 1. The lot shall be legally recorded substantially as depicted on the submitted exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less"dated March 29, 2021 and prepared by Fox Land Surveying,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. When the property is developed, it shall be in substantial conformance with the exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less" dated March 29, 2021 and prepared by Fox Land Surveying,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Fill shall be limited to the minimum necessary for placement of the septic system and associated drainage field and driveway, in accordance with the requirements outlined in Section 4.10 B.4 of the Floodplain Ordianance. 4. The residential dwelling shall be elevated using a pile foundation to further minimize the use of fill on the property. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this site to be within the Rural Area, a critical part of the City that encompasses the agricultural industry and economic vitality, rural heritage, and wildlife habitat.The Rural Area supplements the diversity Robert Nelson,et al. Agenda Items 21&22 Page 4 of the City's character and provides a unique component to the City's tourist industry,while maintaining the rural community that is essential to the overall quality of life for Virginia Beach residents.The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations.The variance to the subdivision ordinance does not affect the character of the City's rural area and,thus, is consistent with the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters. Due to the property's location along the North Landing River, it is encumbered by the 50 foot Southern Rivers Watershed Buffer, however, no development is proposed in this sensitive area. In addition,the majority of the property is located in the AE Flood Zone (1%annual chance flood)with a Base Flood Elevation of 3,which is considered to be a high risk flood zone,as shown on the Flood Insurance Rate Maps. Because of the property's located in the Southern part of the City,classified by low topography, poorly draining soils,and wind tides,this area is referred to as the Floodplain Subject to Special Restrictions. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Landing RoadWest Landing RoadWest No Data AvailableNo Data AvailableNo Data AvailableNo Existing Land Use 1-1010 ADT Landing RoadWest Data Available Proposed Land Use 2-10 ADT Landing Road 1 As defined by agricultural use 2 as defined by one single-family dwelling Master Transportation Plan (MTP)and Capital Improvement Program (CIP) There are no roadway CIP projects slated for this area. Public Utility Impacts Water&Sewer No public utility impacts are anticipated as the parcel will need to construct a private well and private on-site septic system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 2021. Robert Nelson,et al. Agenda Items 21&22 Page 5 • 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1, 2021 and August 8, 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 August 2, 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 August 13,2021. Robert Nelson,et al. Agenda Items 21& 22 Page 6 Proposed Site Layout • THIs PLAT I5 INTENDED AS AN MINT(ALY AND DOES REPRESENT A SJBOMSIDN Of LAND- "ETOE''ff Of ANY ASSMATED RECORD h f F NCEfK:-CU €MS rr Is NOT INTENDED FUK MEN 'Dim o ox WEST. LC GENERAL REFERENCE `7, '447-64-114 • LOT AREA ;CROSS) = 61,565 SQ.FT. (1_413 AC.) ems. (0.B. 3829, P '524) LESS 30' 1911D ACT = 58.246 5. .fT. (1.337 AC.) JJ'- PROP VW DEDICATION - 2067 50.FT. (D.060 AC.) es NET RDAM IN = 56.079 SO.FT. (1.287 AC.) t ALCM CENTER lkio.s • AREA OUTSIDE cc UELJNEATED JURISDICTIONAL. Cf TERM,CRTEI( t '-'• WETLJWUS 32.6•R (.".749 AC) • AREA OUTSIDE OF SaWYA B+FPER 24.138 50.FT f0.554 PC.) nATET+ :MEW: _ c--. - yam' 1 ELEAT13E O.E 4r- TRAVIS M. FOr*- 58 IUFFER Lk. No. 28 (FROM 10P OF PM) \ 22' CrPF£55 e� /tZ/�! O •... I (J lL a Str fly 1........ 1 (3Y SJRvEY) �0' 3 a LOT � ';o m , M^-1 U t37 AC. CONVEYED 1r I�. ,, 0 TO R.W. EATON d r -1 �; 1492-62-6106 T /,...i, 1 In DECK ,16•PIVE� r t t g 3A7 o " 13 I v 1 � g 18"CYPRESS • R ALQW h o x J o. , OF JAIL 3 Q. 7 i- 3 14 \ ��Ai2 �: t -1 1 28'CeRRE ii E_ ti t 20h£AE7 v 1 4. i n W '�71�O. (EL 3) iv . L___ iri I__ A ly,;', %Ir.•VI..„AL$ H► 1.300 FT)U?;PRC+'05E7 10' , R. ♦tS'�`p•71.'kr„• 56.3' .;'. I (' vi R/u 6EF1 AIIO.7 + 4 kr • ALVpis}..0`►d.4#4* ;X' MTOFRr"" I• 4 fs'. 4• ,.,18 7 r' / • J It,- ' $ IV PIY 'Pa •— . -- '"\ ON ;�.�WEST LA Air„„„..—= _ ......_"- _- . [BY CCU L CrarRCN —"-v ROAD: Tv' 4OF*TLANi :: ►v ar ✓ �, A Wa P 78 Ark n7�' P, 55. 7.24 MILE ± TO i(AIg Y. P XV WEST NECK ARIL' Robert Nelson,et al. Agenda Items 21&22 Page 7 Site Photos s y a -, S S., *JY` •S '�i9eJ�'+ .a "i fit - ` wit 4 # V ice ; _" : ver M if.' • - ice__ . • ,4,. u _ - - 4 04 r.. tf ,_ 1, . • d e . - w r .n t . - .may.+ Imo' !' -, Me r R.. r .r�164 K.. ',rs S�iY� F ems, •!tip -. '1 k. A .�`. .. Robert Nelson, et al. Agenda Items 21 & 22 Page 8 Site Photos . - , - - , - , -- • ' Arvi--- .. .'AA'A -. .1. .. 91"4- ... .•• • .,... ,, .. N•:', . it. '.r- 1 , • . < 4. . • ' _ *. ,, . ,•:-...11 0;1,,: .-- '... ' .. ',.,.- P . ...4• ,,:. ' er• t'sf•.. •,-, 1.„ s • x''' • , si.... :,......sitr. ,1,0 . ' ,zzli............. Iiiir • iow, - - •F • F7-----.- " ,z, .,. ... -,4.,.-..,••-- , . : -,.. .., . ,„7 Z', ,ft - '•Y ' ••••- . , '' .."-• r 4 ' 1 . . 4 p T. •• .. ,ir •f t. 4A, '. ‘4 -. 'i - "S - .r. 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It': '''-..1:::!--:41::77- 4.-1.5-...r 't • VIVI_ - , ...,,,, . - - • ,• i • Y• , " 4 • r • _ . .. .,. , . - . . . . . . . ... _ , , , - • •• - - • Robert Nelson, et al. Agenda Items 21 & 22 Page 9 Disclosure Statement Disclosure Statement 1/13 Can nilireaia Bwdr 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 Robert J.Nelson;Barbara N.Gray;Linda Renee Davis;Kathie K.Davis;Gary Wayne Davis; Jea-Davis Herbert and Richard A Davis Does the applicant have a representative? n Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?r]Yes hi 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) "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§2.2-3103. "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(in)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§223101. 1 ( Robert Nelson, et al. Agenda Items 21& 22 Page 10 Disclosure Statement Disclosure Statement Ct Vv Bad, 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 in 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 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. Paul S.Fuqua,Rose&Womble Realty 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 I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner r-cv'ded in connection with the subject of the application or any business operating or to be operated on the property?E Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property! I Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. Debbie Brinn Mason and Frank M.Mason Revised 11.09.2020 2 Robert Nelson, et al. Agenda Items 21 & 22 Page 11 Disclosure Statement Disclosure Statement \113 Planning&C om nunit% Ik' ' pm e.tt 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?CI Yes U No • If yes,identify the company and individual providing the service 7 Does the applicant have an engineer/surveyor/agent r connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing the service Travis Fox,Fox Land Surveying 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?111 Yes 0 No • If yes,identify the firm and individual providing the service Dominic P.Lasara,Esq.;R.Edward Bourdon,Jr.,Esq. Applicant Signature I certify that all os the information conta:ned in this Disclosure Statement Form is complete.true,and accurate. 1 understand that, �,-.eor receipt of notification that the app cation has been scheduled for public hearing.lam responsible for updating the inform provided herein two weeks prior to the meeting of Planning Commission,Coy Council,VBDA,CBPA,Wetlands Board or any p Iic bod or committee in connection with this application./ r I r Applicant Signature ] — DorLinie P. a, Attorney for Robert J. Nelson; Barbara N. Gray; Linda Renee Davia; Print Name and Title Kathie K. Davis; Gary Wayne Davis; Jean Davis Herbert and Richard A. Davis March 31, 2021 Date Is the applicant also the owner of the subject property? it Yes ❑No • If yes,you do not need to fit out the owner distros,ire 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 i,of D't' 7/27/2021 S'c'tare 4,1103 l me ,yvy.(9, "n"•'"e Whitney McNamara R2,,e i7.09.202C 3 I P a g e Robert Nelson, et al. Agenda Items 21 & 22 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Robert Nelson,et al. Agenda Items 21&22 Page 13 Items# 21 & 22 Robert Nelson, et al. [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Floodplain Variance (Section 4.10 of the Floodplain Ordinance) Vacant parcel on West Landing Road approximately 5,998 feet west of West Neck Road July 14, 2021 RECOMMENDED FOR APPROVAL-HEARD Madam Clerk: Our next items are agenda items number 21 and 22, Robert Nelson et al, an application for a Subdivision Variance; section 4.4(b) of the subdivision regulations, and a Floodplain Variance, section 4.10.B.3 of the Floodplain Ordinance on a vacant parcel on West Landing Road, approximately 5,998 feet west of West Neck Road in the Princess Anne District. Mr. Bourdon: Mr. Chairman, members of commission, for the record Eddie Bourdon, Virginia Beach attorney representing the family members whose family have owned this piece of property for 50 years plus, as well as Frank and Debbie Mason, who are under contract to purchase the property subject to the lot being recorded by a plat. Whitney McNamara and Bobby and staff have done an excellent job with this application. You all have seen applications similar to it. More often than not, they don't involve a floodplain situation, but that's come before this Commission as well. The lot was created; the parcel was created in 1972. It met all of the required dimensional aspects in the AG Zoning District at the time was created. And, but for the October 2001 adoption of the Floodplain Ordinance subject to special rules, for lack of a better way to put it, in October 2001, it would still meet every dimensional requirement.And, as the staff report indicates, physically, it's high and dry. But a good portion of it is in the Floodplain Subject to Special Restrictions. The reason we're here is because a lot was created by deed rather than by plat. There was a—it was divided into two pieces. The other piece was on a plat and this was the remainder, but they didn't show it on the plat. But it met the requirements,just as the piece that was divided into two, met requirements at the core of the code at the time, and it's been taxed and has a GPIN ever since. And so we're just asking that the Commission approve the variance that's required today to record the plat. And then secondly, there's a plan to build a house on pilings, so it won't be a situation where it could flood, minimal filling, no trees being taken down whatsoever. The end of West Landing Road, there's a little hamlet down there with the number of houses. And the folks in that little area have no objections whatsoever to this. My understanding is that the person who signed up to speak against this item is the same person who's signed up to speak against Mr. Bright's Borrow Pit, doesn't live in the area where this is located. And all the conditions that 1 have been recommended are acceptable to my clients and I'll be happy to answer any questions you may have. Mr.Weiner: Any questions to Mr. Bourdon? Mr. Horsley: Mr. Bourdon, am I correct saying if this had been recorded, you wouldn't be here? Mr. Bourdon: We wouldn't be here. They didn't put a plat to record and that happened all the time between the late 50's and up until the mid 70's. And this Commission and City Council have seen these clean-ups, they come along, sometimes in bunches sometimes, there aren't many left at this point, but this is one of those because the same family has owned this parcel for all these years. Mr.Weiner: Thank you. Madam Clerk: Mr. Chair. There had only been one speaker signed up. It was Lisa Clarkson and she emailed us to withdraw her desire to speak. So no speaker. Mr.Weiner: So we're going to close this and open it for the vote. Mr. Horsley. Mr. Horsley: Mr. Bourdon said it's kind of a housekeeping thing, we need to make this legal because it wasn't recorded back then. We've had a lot of these down in the rural area that were lots created by deed but they weren't recorded and so I'm making a motion for the application to be approved. Mr.Weiner: We have a motion for approval by Mr. Horsley. Second? Mr. Redmond: Second. Mr.Weiner: Second by Mr. Redmond. Madam Clerk: The vote is open. By recorded vote of eight in favor, zero against agenda items number 21 and 22 have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE • Inman AYE Klein AYE 2 Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The lot shall be legally recorded substantially as depicted on the submitted exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less" dated March 29, 2021 and prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. When the property is developed, it shall be in substantial conformance with the exhibit entitled "Boundary Exhibit of Property of Olivia J. Neilson being the remainder of 22 acres, more or less" dated March 29, 2021 and prepared by Fox Land Surveying,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Fill shall be limited to the minimum necessary for placement of the septic system and associated drainage field and driveway, in accordance with the requirements outlined in Section 4.10 B.4 of the Floodplain Ordianance. 4. The residential dwelling shall be elevated using a pile foundation to further minimize the use of fill on the property. 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. 3 a z .. - J LA_ N 3 0 0 N ce\ 0 ,_ \ ,, CV 0 0 /� o , 30\c:3 11\ L.V > a, No � •a O � a = - - _ \ ------- ass nt J g c% IF: O__QU 0 lik\ % ix S o,S il o o 0 0 c), 00 0 \CIO\ \0 U Avenue e o c• 8 _ - -�deraAlt A ! � � van � -- o p11ey o _ i 0 Q 13q ,0\O , \ _‘C ,O\0 Ce ,A�enue � Nm __�$V► SVde o I \E • U 0 ..r ��NU�y� 4 %g7 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Ordinance Approving Application of H. Martin Snead, Ill and Linda P. Snead for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 828 Vanderbilt Avenue in Croatan MEETING DATE: August 17, 2021 • Background: H. Martin Snead, Ill and Linda P. Snead (the "Applicants") requested the closure of approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 828 Vanderbilt Avenue (GPIN 2426-37-8559), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure applications similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendation: On July 14, 2021, the Planning Commission passed a motion by a recorded vote of 8-0, recommending approval of this request to the City Council, with the following conditions except Condition 1 has been modified to include the specific purchase price: 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 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. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. H. Martin Snead, Ill & Linda P. Snead Page 2 of 2 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 shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager:/�►� 1 ORDINANCE APPROVING APPLICATION 2 OF H. MARTIN SNEAD, III AND LINDA P. 3 SNEAD FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED UNNAMED 5 ALLEY ADJACENT TO THE REAR OF 828 6 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, H. Martin Snead, III and Linda P. Snead (the "Applicants") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' x 50' portion of an unimproved alley 28 proposed to be closed (375 SF / 0.0086 AC)" and shown as 29 the hatched area on that certain street closure exhibit 30 entitled: "EXHIBIT SHOWING PORTION OF 15' ALLEY 31 ADJACENT TO LOT 3, BLOCK 14, CROATAN BEACH, TO 32 BE CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1" = 20', dated April 27, 2021, prepared by DKT 34 Associates, a copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2426-37-8559 47 Pursuant to Street Closures", approved by City Council. It has been determined that the 48 purchase price to be paid to the City shall be $3,000, which is consistent with similar 49 street closures in this area. 50 51 2. The Applicants shall resubdivide the property and vacate the internal lot 52 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 53 be submitted and approved for recordation prior to the final street closure approval. 54 Said plat shall include the dedication of a public drainage easement over the Right-of- 55 Way to the City of Virginia Beach, subject to the approval of the Department of Public 56 Works, and the City Attorney's Office, which easement shall include a right of 57 reasonable ingress and egress. 58 59 3. The Applicants shall verify that no private utilities exist within the Right-of- 60 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 61 company must be provided. 62 63 4. Closure of the Right-of-Way shall be contingent upon compliance with the 64 above-stated conditions within 365 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved for recordation 66 within one (1) year of City Council approval, said approval shall be considered null and 67 void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before August 16, 2022, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before August 16, 2022, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and H. MARTIN SNEAD, Ill and LINDA P. SNEAD 87 (collectively, as Grantee"). 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 90 of . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,4)114411) 6azz- N-()_.c1,..67;L., Planning Departm nt City Atto W CA15228 \\vbgov,com\dfs 1\applications\citylaw\cycom32\wpdocs\d026\p038\00740843.doc R-1 August 4, 2021 MB A1O TH 37 13 12 14A now or formerly now or formerly MILTON C. MARTIN& DONALD L. MAXWELL& now or formerly CECIL D. HYLTON III I SUSAN B. MARTIN I VIRGINIA K. MAXWELL I REVOCABLE TRUST I INSTR.NO.20120312000275250 I D.B.3786 P.1654 INSTR.NO.20080103000013460 I GPIN:2426-37-9664 II GPIN.2426-37-9670 GPIN:2426-37-9647 I REMAINDER OF 15'ALLEY (UNIMPROVED) 15'ALLEY REMAINDER OF 15'ALLEY (UNIMPROVED) (UNIMPROVED) ————————— 5 04'14'15"E 50.00' ————— 7.5'x 50'portion of an unimproved alley 4 proposed to be closed(375 SF/0.0086 AC) 2 now or formerly now or formerly WILLIAM J. CASHMAN, JR. ALAN ARNOLD TAN LIM TRUST 3 AND JUDY Y. LIM INSTR.NO.20051219002031570 z 5,000 SF N INSTR.NO.20120215000167650 co0.1148 AC m N N GPIN:2426-37-8645 A A GPIN:2426-37-8575 oA H. MARTIN SNEAD, III & N LINDA P. SNEAD N m f D.B. P.557 o D.C.GPIN:2426-37-8559 0 b b o 0 —————— N 04'14'15"W 50.00' \ 10000T to Washington Avenue(plat) Lockheed Ave.(field) VANDERBILT AVENUE (80') (FORMERLY PACIFIC AVENUE) �I,TH OF �� EXHIBIT SHOWING 7,, Portion of 15'Alley adjacent to Lot 3, D K T A S S O c i a t e s � G' Block 14,Croatan Beach,to be closed LAND SURVEYORS (M.B.24 P.37) \U DENNIS Virginia Beach,Virginia April 27,2021 I . o0O218 ,) For: H.Martin Snead,Ill 1100GranbyStreet .y 4/27/21 Suite 100 4, Job Number 22261 Drawing Scale 1"=20' Norfolk,VA 23510 O �, Field Book N/A Paper Size Legal S U R NI CAD Technician JSB Revised Date DKTAssociates.com Tel (757)588-5888 Reviewed By DT Sheet Number 1 of 1 Ilk)IB Applicant& Property Owners H. Martin Snead, Ill & Linda P. Agenda Item PlanningSnead Commission Public Hearing July 14, 2021 City Council Election District Beach 5 Virginia Beach Request Street Closure Staff Recommendation Z-1-1(N/ \ Approval C.oatan Road t Staff Planner e. "°�� ay.,.a°'° g Marchelle Coleman asa,o��'` 1 1 d co ,./ m i c�dvoH'�\so, c Location c. 7.5-foot by 50-foot portion of an unimproved A alley adjacent to 828 Vanderbilt Avenue GPIN 2426378559 Site Size 375 square feet �� go.Rang AICUZ 65-70 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District ' 'c- ' -00' '` � . F Single-family dwelling / R-10 Residential * + J,{�7y'� Surrounding Land Uses and Zoning Districts ? ➢� , ,I, North tiois76. ',�' - .. - - -'-- .kj f t Single-family dwelling, unimproved alley/ R-10 -- "N t Residential ` r.w-. South `s - Single-family dwelling/ R-10 Residential r�' East , E: ' , 't +40- �ed a��" ' S. Atlantic Avenue (' ;� ,°`kn4. - , -- Single-family dwelling, unimproved alley/R-10 �� ..10"' � ..-.... Residential t= I r'` West _. Vanderbilt Avenue ` t'4. r' Single-family dwelling/ R-10 Residential H. Martin Snead, Ill & Linda P. Snead Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot wide alley,totaling 375 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 3, Block 14, Croatan Beach. • The site is developed consistent with other residential lots in the Croatan neighborhood with a single-family home and a fenced in back yard. Currently,the area proposed to be closed is fenced in and has been used and maintained by the applicant. • ` Zoning History w # Request _ 1 SIC(Portion of 15-foot wide alley)Approved s. s 01/23/2007 2 STC(Portion of 15-foot wide alley)Approved 449 11/17/2020 3 STC(Portion of 15-foot wide alley)Approved 4 3 t __ 02/28/2006 r --ti 4 STC(Portion of 15-foot wide alley)Approved 5 V C �e f- 01/22/2008 �ckheed 5 STC(Portion of 15-foot wide alley)Approved 01/31/2006 6 STC(Portion of 15-foot wide alley)Approved 01/31/2006 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 Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on May 17, 2021,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney,to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with that many of those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. H. Martin Snead, Ill & Linda P. Snead Agenda Item 5 Page 2 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 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 shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved 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. 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 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 28, 2021. H. Martin Snead, Ill & Linda P. Snead Agenda Item 5 Page 3 • 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1,2021 and August 8,2021. • 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 August 2, 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 August 13, 2021. H. Martin Snead, Ill &Linda P.Snead Agenda Item 5 Page 4 Proposed Site Layout NORT 448..24 P H 37 13 12 now w or formerly now or formerly MILTON C.MARTIN& DONALD L.MAXWELL& n0" formerly CECIL D..HYLTTON III I SUSAN B.MARTIN I VIRGINIA K.MAXWELL REVOCABLE TRUST 1 INSTR NO 201203/2000Z75250 I all3786 P 1654 I INSTR.NO.200130103000013485 I GPIN 2426-37-9664 I GPIN:242637.8670 GPIN 2426-37-9647 1 REMAINDER OF 151 ALLEY (UNIMPROVED) 15'ALLEY REMAINDER OF 15'ALLEY (UNIMPROVED) (UNIMPROVED) 7.5'a 50'portion of en unimproved alley 4 proposed to be closed(375 SF/0.0088 AC) 2 now or feerneoty now or formerly WILLIAM J.CASHMAN,JR. ALAN ARNOLD TAN LIM TRUST 3 AND JUDY Y.LIM INSTR.NO.20051219002U31570 = 5,000 SF w, INSTR.NO.201 2021 5 0 0 01 6 765 0 4 0.1146 AC GPIN:2426-37-8645 GPIN:2426.37-8575 R H MARTIN SNEAD,III& LINDA P SNEAD - ± D.B.3681 P.557 11 D.0 GPIN 2426-37-8559 4H 4 ___—__— N 04.14.15"W 60.01 \v]G.r};'to Wa.;ning?M A nmrm(praf; LOCkheed Ave(fV f, VANDERBILT AVENUE (80') (FORMERLY PACIFIC AVENUE. �!�/...r EXHIBIT SHOWING / `1 r' Portion of 15'Alley adjacent to Lot 3 D K T A s s o c i a t e s "., Block 14,Croatan Beach.to be closed LAND SURVEYORS f1�!,L t Ol A' ' T: rL:Ai-2...' .-`. Virginia n,a Bea Vagina ry il 27 2021 1 1.,.. t`_.c. o. DU:'IH:1 For. H.Martin Snead,III 110C Gran:,y Sbee: , 4/27/21 Sone 107 \ kb Number 22261 braving Sale 1•=27 Norfolk,VA 23510 \' .3 ,, Field Book N/A Paper Size Legal V I i it oa CAD Technician JSE Repaid Date DKTAneecrates.com To (757)588-5888 �.I Reviewed By DT Sheet Number 1 of 1 H. Martin Snead, III & Linda P. Snead Agenda Item 5 Page 5 Site Photos . • ,t • . - • v tire • • a ,{4 ir Jr * St • • • H. Martin Snead, III & Linda P. Snead Agenda Item 5 Page 6 Disclosure Statement Disclosure Statement City<,!1'iryini,R.wii 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 H.Martin Snead,Ill&Linda P.Snead Does the applicant have a representative? R Yes 0 No • if yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.:Sykes,Bourdon,Ahern&levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes MI 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) •"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. 1 ) H. Martin Snead, III & Linda P. Snead Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement 1113 City of Vivirtig 8••r, 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 MI 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-collateraliization,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 applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes i 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?❑Yes I No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchase!and purchaser's service providers. 21 H. Martin Snead, III & Linda P. Snead Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement eIvefitiphis cad Planning ar Community Development b. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7, Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yea ❑No • If yes,identify the firm and Individual providing the service. DKT Associates 8. Is the applicant receiving legal services in connection with the subject of the application or arty business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Ir.,Esq.;Sykes,Bourdon,Ahern&Levy,P.C. 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. S.Kk a off; W thi A a-c/ Applicant Signature --- - li Martin Snead.III I D V,J►J b(. Linda P.Snead clock Print Name and Title 4- z 1 zo2i _ L za I(�toa, _ Date is the applicant also the owner of the subject property? NI 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 C ty Council meeting that pertains to the applications M•dvngma.d 7/28/2021 sen•mre ��✓ Mat Naee arche Ie L.Co eman 31• ,. H. Martin Snead, III & Linda P. Snead Agenda Item 5 Page 9 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. H. Martin Snead, Ill & Linda P. Snead Agenda Item 5 Page 10 Item # 5 H. Martin Snead, Ill & Linda P. Snead [Applicants & Property Owners] Street Closure 7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt July 14, 2021 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Great. Thank you. The next item is item number five. Is there a representative for this? Mr. Bourdon: Thank you Commissioner Oliver, members of the Commission, Eddie Bourdon, Virginia Beach attorney representing the Sneads.Appreciate being on the consent agenda. All four conditions recommended by staff are acceptable to my clients. Ms. Oliver: Great. Thank you. Any opposition to this being on the consent agenda today? Great,thank you.This is an application for Mr.and Mrs. Snead for a Street Closure, which is a 7.5 foot by 50 foot portion of the unimproved alley adjacent to 828 Vanderbilt in the Beach District and Mr. Alcaraz is going to read this into the record for us. Mr. Alcaraz: All right, thank you. Again, this is an application for a Street Closure for Mr. Martin Snead and Ms. Linda P. Snead. And they are requesting a closure of portion of the platted, unnamed and unimproved alley that is adjacent to the rear lot line, as shown on the submitted street closure exhibit on the plan and in the report. The proposal includes closure of half of the 15 foot wide alley totalling 375 square feet, and incorporating the land into the adjacent residential lot, identified as lot 3, block 14 Croatan Beach, and with the staff recommended conditions, the Planning Commission has put it on consent agenda for approval. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe 1 I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT 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 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 shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved 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 3 It P,,77Avit, OR \ OR ' RII1 r''• _ OR a� , t i V. 0. .. piz '00 0 1 OR olor ‘IvR�Q !r fStr_eet � 1 �� 2��h �'� OR 0 o,„ ' \ 5 OR OR 0 tre t c'1/ Fr'P! *\3OR �.fAgt11 . o ÔROO O - -� �� ORS IlLiii *A - teat fD IP\ ik 19th st OR1 0 �'• '\\Q8R ,�, � tom. � ti)liti *� 0 , :,tree` c� ORs OR ORr3, r114 `'%8 \- \ \ ail. 0 ;.,• treet OR I FOR OR OR Q Sheet ''Street ot Aittl it IL a0 a OR C - D;R� OR. \ \ R; t 1,0 çRgIOR 4 �� • _OR 4 _ OR .• Q,T\ j A 2 J� „ ORi OR N Atlantic Park, Inc. & City of Virginia Beach W,e1;. %// Site NV [ Property Polygons Development Authority 5 Zoning 18th Street between Arctic & Pacific Avenues Building — mi mili Feet °, u•&", ros "�s i, 4 ice; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Atlantic Park, Inc. and the City of Virginia Beach Development Authority for the Closure of a portion of 18th Street Between Pacific & Arctic Avenues MEETING DATE: August 17, 2021 • Background: Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the "Applicants") have requested to close portions of 18th Street, between Pacific and Arctic Avenues, totaling 13,500 sq. ft. (the "Right-of-Way") adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority. Once closed, the Right-of-Way will be incorporated into the adjoining parcels to create continuous blocks for development. The proposed street closure is needed to accommodate a development proposal for a multi-block, mixed-use development, an entertainment venue, and a large outdoor Wave Park for surfing (the "Project"). The Right-of-Way can be separated into two categories. A full closure (above and below ground) is needed where buildings would overlap a portion of the street. A subjacent closure (underground only) is needed to accommodate underground foundations and pilings. The ground and air above the subjacent closures will remain public right-of-way. The City of Virginia Beach Development Authority owns the fee interest in the Right-of- Way proposed for closure. • Considerations: A Viewers' Meeting was held on February 16, 2021 and it was recommended that additional detailed studies and analyses be performed to determine what roadway and infrastructure improvements will be required to support the proposed development. These studies include, but are not limited to, a Traffic Impact Study and Sight Distance Analysis, and detailed site plan review (the "Studies"). Therefore, the recommended conditions below require the Applicants to provide the Studies and the improvements deemed necessary as a result of the Studies. If necessary, the Applicants may be required to adjust or modify the areas proposed for closure. If the Applicants cannot fulfill the conditions, approval of the subject request for closures will be null and void. There is no known opposition to the request. • Recommendation: On July 14, 2021, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request to the City Council with the following conditions. 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Atlantic Park, Inc. &City of Virginia Beach Development Authority Page 2 of 2 Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Right-of-Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study and Sight Distance Analysis (the "Studies") to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the Studies, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 18th Street if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 5. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are 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. ■ Attachments: Ordinance Staff Report (w/ Disclosure Statement) Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /9-P 1 ORDINANCE APPROVING APPLICATION 2 OF ATLANTIC PARK, INC. AND THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY FOR THE CLOSURE OF A 5 PORTION OF 18TH STREET BETWEEN 6 PACIFIC & ARCTIC AVENUES 7 8 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 9 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 10 to have the hereinafter described portion of right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said 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 right-of-way (the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and described as 28 "STREET CLOSURE AREA 11,000 S.F. (0.25 AC.)" and "5.0' 29 UNDERGROUND STREET CLOSURE AREA 2,500 S.F. (0.06 30 AC.)", shown as the hatched area and shaded area, respectively, 31 on that certain street closure exhibit entitled: "STREET CLOSURE 32 EXHIBIT 18TH STREET ATLANTIC PARK VIRGINIA BEACH 33 VIRGINIA", dated June 17, 2021, prepared by Kimley Horn, a copy 34 of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City is 43 normally determined according to the "Policy Regarding Purchase of City's 44 Interest in Streets Pursuant to Street Closures," approved by City Council. 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPINs: 2427-17-0516 and 2427-17-2611) 48 However, no purchase price shall be charged for this street closure because 49 the City of Virginia Beach Development Authority is an applicant seeking this 50 street closure. 51 52 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 53 the properties and vacate internal lot lines to incorporate the Right-of-Way 54 into the adjoining parcels. The resubdivision plats must be submitted and 55 approved for recordation prior to the final street closure approval. Said plats 56 shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City if it is determined by the Department of Public Works to be 58 necessary, subject to the approval of the Department of Public Works, and 59 the City Attorney's Office, which easement shall include a right of reasonable 60 ingress and egress. 61 62 3. The Applicants shall submit a Traffic Impact Study and Sight Distance 63 Analysis (the "Studies") to be reviewed by the Traffic Engineer for the 64 Department of Public Works prior to the final approval of the street closure. 65 Based upon the results of the Traffic Engineer's analysis of the Studies, the 66 Applicants shall, if necessary, adjust or modify the areas proposed for 67 closure to areas no greater than what is described herein and shown on the 68 exhibit attached to the Ordinance, subject to the approval by the Department 69 of Public Works. 70 71 4. The Applicants shall cause to be relocated public water and sanitary sewer 72 infrastructure adjacent to the areas to be closed along or within 18th Street if 73 determined by the City that the said infrastructure will be impacted by the 74 street closure in a way that causes the location of the infrastructure, in 75 relation to improvements proposed by the Applicants, to present an 76 unacceptable risk to the City or the City's ability to maintain said 77 infrastructure. 78 79 5. The Applicants, or the Applicants' successors or assigns, shall verify that no 80 private utilities exist within the Right-of-Way. If private utilities do exist, 81 easements satisfactory to the utility company, must be provided. 82 83 6. Closure of the Right-of-Way shall be contingent upon compliance with the 84 above stated conditions within 365 days of approval by City Council. If the 85 conditions noted above are not accomplished and the final plats are not 86 approved for recordation within one year of the City Council vote to close the 87 Right-of-Way, this approval shall be considered null and void. 88 89 SECTION III 90 91 1. If the preceding conditions are not fulfilled on or before August 16, 2022, 92 this Ordinance will be deemed null and void without further action by the City Council. 93 2. If all conditions are met on or before August 16, 2022, the date of final 94 closure is the date the street closure ordinance is recorded by the City Attorney. 95 96 3. In the event the City of Virginia Beach has any interest in the underlying 97 fee, the City Manager or his designee is authorized to execute whatever documents are 98 requested, if any, to convey such interest, provided said documents are approved by 99 the City Attorney's Office. 100 101 SECTION IV 102 103 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 104 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 105 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 106 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 109 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c2U—. Planning De artmef�t City Att ey CA15211 vbgov.com\dfs I'applications\cilylaw\cycom32\wpdocs\d027\p041\00741267.doc R-1 August 5, 2021 PACIFIC AVENUE (60' R/W) N 13'S0'00"W �jOLT H Q1y, O r�� _ - - _�_ 53' - - 'Id' 0 N13'S0'00"W a N o I- V 22.0' o L) DAVID B. DALLMAN� zZN - r �0 !? S4w SURF PARK / ¢ • �-m ZONAL ;9\ MECHANICAL BUILDING PROPOSED .......Ns. --SURF BUILDING FACE b PARK p STREET CLOSURE AREA LAGOON - 11,000 S.F. (0.25 AC.) - - \\\\\ N/F CITY OF VIRGINIA BEACH 5.0'UNDERGROUND f DEVELOPMENT AUTHORITY STREET CLOSURE AREA J \ `� 2427-17-26110 2,500 S.F. (0.06 AC.) J (IN. 202000105549) I Nv n ma) /I m p CC 6 ED O /^ _ � r� w w I 7 / O §I O a Z C V O � �q--}1T-, CV Z Z C D g��p, 0 w ¢ I o �S►�I os w N c) I 1A �A� 2 ZLD � C ry lT�1l O CV W//WI W =� > W ^CV Z m N N LEGEND o j8i 4 Sa o o N CD { ABOVEGROUND 0) p ,; o z ( O v �� STREET CLOSURE r`O•�nl rtO. O c� o z z�z z - - - - I - - ( UNDERGROUND v STREET CLOSURE / I- W SURF RETAIL & W OPERATIONS C/) _ o _ rn o I- mWr = CD o � °� N co // ¢ O N _O I C.7 Z O r // L.� Z ¢ I NO Z � � p h // \E5f- ^ rn8 OZO CO '` Z ¢ N/F > � N oNCV "� � N o CITY OF VIRGINIA BEACH o o CV S. I Z > — o DEVELOPMENT AUTHORITY / SURF RETAIL & w w Z N 2427-17-0516 OPERATIONS c� o o I a -J N (IN.�02000105549 `I V I z N13'50'00"W - - - - z 1-22.0' _ _ II I ,N13'50'00"W A --/.." ---- ...,..,_ Ar 153' NAD 1983 GRAPHIC SCALE IN FEET(1993HARN) L0 0 60 120 ARCTIC AVENUE (60' R/W) IIMOMMINI I I I I I ' STREET CLOSURE EXHIBIT ATLANTIC PARK KimIevHorn 18th STREET O 2021 KMEY AND ASSOCIATES,INC. 4625 WI SHEET,1aJ1E 1000,NRONIA BEACH,VA 234€2 VIRGINIA BEACH VIRGINIA � ` 21 N'1Y1Y.1100MLEY HORN. -�� ' Applicants Atlantic Park, Inc. & City of Virginia Beach Development Authority Agenda Item Property Owner City of Virginia Beach Development cyof Authority 18 Virginia Beach Planning Commission Public Hearing July 14, 2021 Request Street Closure North side of 18th Street between Pacific& Arctic Avenues / _ 0 11111.11111 Staff Recommendation tit Approval �� Staff Planner Ashby Moss �'�• � Location 'I r , 18th Street between Arctic& Pacific Avenues, % �0,. adjacent to GPINs 2427172611,2427170516 1 ��r� ig zM Site Size Ot>� \, \ 1.34 acres , ort- C ' a ' AICUZ ^ate j 141111 �`''• , ,o s.., 65-70 dB DNL;Sub-Area 1 Watershed Atlantic Ocean &Chesapeake Bay • y Existing Land Use and Zoning District ;e., " Improved public street/OR Oceanfront Resort • - t Surrounding Land Uses and Zoning Districts ^-' 19`"-'` North Municipal parking lot and vacant land ., temporarily used for construction layout ` - f, i , , ,i I Ito 1, South Remainder of 18th Street, Dominion ,+l , Power substation,vacant lot, restaurant 0,' . ; Cr', „s«Qe` �, e All zoned OR Oceanfront Resort �-S.,a t'' '' s £- '`' \ . �1 a ''' yh R ''{1 ';` a9ea i t tom.S 0 T• • 0 F_. -�, . j'� �0t SJeel �'. .t Atlantic Park, Inc. Agenda Item 18 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of 18th Street to be incorporated into an assemblage of property owned by the City of Virginia Beach Development Authority.This assemblage,which has been referred to as the "Dome Site," consists of the two blocks between 18th and 20th Streets and Pacific to Arctic Avenues and the block between 19th and 20th Streets and Arctic to Baltic Avenues. • Additional street closure requests were approved by City Council on December 1, 2020.These included all of 19th Street between Pacific and Arctic Avenues, all alleys within the block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets, a portion of the south side of 20th Street between Pacific and Baltic Avenues, and a portion of the west side of Arctic Avenue between 19th and 20th Streets. Street Closures approved 12/01/2020 LDra ill -9- �1ststeet litli 11 ° O o- , lik .6._,,..,.. lig ______:_______„_----_-,' 4, , oQ4 �nR' t 20th -... 9 k, OR I co ��`�� psi ' ,1 /fig. }�OR t !, *or ...4,), , Ri O lii.... t __— - _ OR iiiii_______, - ~- • .- 1 _.-- _ ._ - \ k 1—.1 0 1001 ik „,.,c„ ,, o R 0 art _��aitisu°� F OR • A Special Exception for Alternative Compliance for the project as a whole is also currently under review for Planning Commission and City Council consideration. • Similar to the previously approved closures for 20th Street and Arctic Avenue,the proposed street closure for 18th Street includes an area to be fully closed (above and below ground)where proposed buildings overlap the right-of- way, and a subjacent closure (underground only) beyond that to accommodate underground foundations and pilings. The ground and air above the subjacent closures will remain public right-of-way. • The City of Virginia Beach Development Authority owns the fee interest in this right-of-way proposed for closure. If approved,the closed right-of-way will become property of the City of Virginia Beach Development Authority, who will then enter into a long-term lease of the combined "Dome Site" property with the developer. Atlantic Park, Inc. Agenda Item 18 Page 2 Description Full Closure Subjacent Total Area (Underground) Closure Only North side of 18th Street between 22 feet 5 feet 27 feet Pacific and Arctic Avenues 11,000 square feet 2,500 square feet 13,500 square feet (0.25 acres) (0.06 acres) (0.31 acres) �w .' �, t�° �� o,„ ; � IP it Zoning History �\ # Request ria"Viiillit �sos ` - `�� 1 STC(portion of 19thStreet, 20thStreet,Arctic Avenue, sto ,r ` alleys)Approved 12/01/2020 , �� • to • 2 CUP(Church Addition)Approved 05/12/1998 ��1 , � ��•; ��.•�'i;, ��r` lik �= CUP(Church Expansion)Approved 05/25/2010 ° C ,��`��3 7'% i twit 3 CUP(Short Term Rental)Approved 06/10/2020 °s. � _;r „�° 'm' 4 CUP(Commercial Parking Lot)Approved 04/09/2002 Al. � � ��', "`hs�� 5 SVR&ALT(Alley Frontage)Approved 10/08/2013 'r11 '11�� : VS , �J 6 CUP(3 Short Term Rentals)Approved 07/15/2020 tag ill- .I t'r 1111 ,a �rr+�'�� 7 CUP(4 Short Term Rentals)Approved 08/26/2020 allOw •: ��=. su°°` 8 CUP(Commercial Parking Lot)Approved 12/09/1985 n 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 Evaluation & Recommendation As required by City Code,a Viewers'Meeting was held on February 16,2021,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 these requests. At 80 feet in width, this section of 18th Street and other east/west streets in the vicinity are significantly wider than the typical 60-foot wide north/south streets. If the request is approved,the remaining 53 feet of right-of-way plus five feet at ground level will be sufficient to achieve a fully functioning street design with two-way traffic, sidewalks, and other streetscape amenities sought in the resort area. The Viewers recognize that additional detailed studies and analyses are needed to determine what roadway and infrastructure improvements will be required to support the proposed development.These studies include, but are not limited to, a Traffic Impact Study (TIS), sight distance analyses, and detailed site plan review. Therefore, the recommended conditions below require the applicant to provide these studies and the improvements deemed necessary, by the City, based on the information the studies provide. If necessary, the applicant may be required to adjust or modify the areas proposed for closure. If the applicant cannot fulfill the conditions, the street closure approval is considered null and void. With these added conditions,the Viewers determined that the proposed closure will not result in a public inconvenience, and therefore, deem closure of this portion of the right-of-way acceptable. Accordingly, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Atlantic Park, Inc. Agenda Item 18 Page 3 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City is normally determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The applicant,or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcel.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach if it is determined by the Department of Public Works to be necessary,subject to the approval of the Department of Public Works,and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the Traffic Impact Analysis and Sight Distance Analysis,the applicant shall, if necessary,adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached hereto, subject to the approval by the Department of Public Works. 4. The applicant shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the area to be closed along or within 18th Street if determined by the City that said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the applicant,to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 5. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the rights-of- way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-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 subject property is within the Resort Strategic Growth Area (SGA)as designated by the Comprehensive Plan. Adopted by City Council on June 2,2020, RASAP 2030 is a strategic plan that establishes new goals for the Resort SGA in the next decade.The vision for the Resort SGA is to identify and implement public amenities and infrastructure Atlantic Park, Inc. Agenda Item 18 Page 4 improvements and update codes,guidelines,and city review processes to encourage private development,enabling the Virginia Beach Resort Area to become a diverse,world-class,year-round coastal community for residents and visitors. The subject site is in the Central Beach District,which encompasses the 21st Street Gateway,the growing ViBe Creative District,the Virginia Museum of Contemporary Art (MOCA) and 19th Street(which is planned to be a key multimodal corridor). Since"The Dome"was razed in 1994,the City has identified this site as a prime location for a major entertainment or recreational venue. RASAP 2030 lists the Dome Site as one of a handful of impactful projects that will benefit the Resort Area and the City of Virginia Beach (p. 52), and the applicants'concept plan in particular is described on p. 47. Traffic Impacts Traffic Engineering is reviewing the submitted Traffic Impact Study(TIS) in order to identify roadway improvements that will be necessary to adequately manage the additional traffic generated by the Atlantic Park development and to mitigate the impacts of the proposed closure of 18th Street. The TIS assesses the impacts on surrounding streets of this and previously approved street closures and identifies recommended improvements to mitigate these closures.While the TIA is still considered a draft report,Traffic Engineering is comfortable with the study methodology,assumptions, results,and the major study area roadway improvement recommendations. As with any major development project such as Atlantic Park, minor changes to the scope of the project are expected and the TIA will be updated accordingly before it is considered final. Traffic Engineering will require a sight distance analysis to be completed by the applicant to ensure that there is adequate sight distance at the intersections within the area of the development. With the closing of right-of-way to bring the buildings closer to the roadway, this analysis is critical to making sure that the intersection sight distance can be safely maintained. Public Utility Impacts Water&Sanitary Sewer There is an existing 12"City water main and a 6" City gravity sanitary sewer main in the 18th Street right of way to be closed.A survey showing the location of these two mains and the associated water and sanitary sewer infrastructure with respect to the proposed area for closure is requested. It is expected that relocation of both mains will be necessary if this street closure is approved in order to provide physical separation from proposed structures for maintenance.The length of utilities to be relocated will depend on the aforementioned survey. Emergency Services Impacts The Virginia Beach Fire Department supports two-way traffic on 18th Street to facilitate emergency response to surrounding area. Stormwater Impacts The proposed development will require extensive stormwater improvements which will be determined during detailed site plan review.The proposed street closure has no impact on the ultimate stormwater infrastructure design. Atlantic Park, Inc. Agenda Item 18 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1, 2021 and August 8, 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 August 2,2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of htt ps://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on August 13,2021. Atlantic Park, Inc. Agenda Item 18 Page 6 Street Closure Exhibit PACIFIC AVENUE (60' R/W) TH NIo3'�00"W �4�,!►L t)�Df i NI3'S0'00"W 1 I a N VpAVID B. DAII.MAN9 22.0' / I o a eL /I I zo I a a ,0 Lia.//J](�io..//0//6n22995`-ce 1 1 •m # SURF PARK 1 I` c N M m Si9f ONAL Q�G MECHANICALci BUILDING 1 II 1 PROP `PAS( BUILDINNGG DFACE v, /LA00011 / STREET CLi.OS0 2 AREA — NA. ' CITY OF VIRGINIA BEACH 5.0'UNDERGROUND DEVELOPMENT AUTHORITY STREET CLOSURE AREA 2427 17 2611 / 2.500 S.F. (0.06 AC.) Ci- (IN. 202000105549) \ 5 I v ,n N o w /i mpa �a0 I 0 CN C O' O 4~ccN o0 \ ppr�q 8�81 c.ZaINO zN n I ® / ka i.'l _. I- Z Z^ N p O N W/WI W >w^ N Z C� NZ— LEGEND o/ol o o ABOVEGROUND "' o z o I �� STREET CLOSURE N.NI O 0 Z I UNDERGROUND z/z z co - - o - - I - - STREET CLOSURE � ~ W LLI SURF RETAIL & \� o OPERATIONS n U7 = "t .- -0, 1 0 I- m=`D 82 ^`'1 N CO aMo No I CD n o w Z 4 I N o ZZ o b Z c Z 1 .-F. z O ` CV N o —CITY OF VIRGINIA BEACH a N DEVELOPMENT AUTHORITY SURF RETAIL & o N w Z^ o 2427-17-0516 OPERATIONS � o a J LZI N o SIN. 20200010554.) I II/ I z I c)= o --r ,ii-553..0. 213'S0'00'W - -�- C 22.o'II I4.N13 SQ'OO•W q` • k NAD 1983 — — — — (1993 HARK) GRAPHIC SCALE IN FEET ` 0 30 60 120 -- ARCTIC AVENUE (60' R/W) l _,' I I I ' STREET CLOSURE EXHIBIT ATLANTIC PARK Kimle 4Horn 18th STREET Gpt1O5F" MO ASSOCIATE'."`um MAIN swat,owrz Ima,wOMu MACH.VA 23462 PHONE:767-r}MM00 FAX]51-0`13-MMO1 %IRGINIA RF AC VIRGINIA IIINJOHLEV-HORNCOIA Atlantic Park, Inc. Agenda Item 18 Page 7 Site Photos 18th & Pacific Looking West ..r--,_ .. _- P • • d ^7 r.r 18th & Pacific Looking NW _.'. • a "�`1u -=sue T, Atlantic Park, Inc. Agenda Item 18 Page 8 Site Photos r 18th & Arctic Looking South r-F-: . • IMF 18th & Arctic Looking East { ,,y- . aft Atlantic Park, Inc. Agenda Item 18 Page 9 Disclosure Statement Disclosure Statement \113 auy. Vtrgen w Boat ,K. 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?R Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority is owner. 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? MI Yes ❑ No • If yes,identify the financial institutions. Applicant anticipates securing financing(capital provider has not been selected) 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the real estate broker/reactor. Venture Realty Group 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?I Yes ❑ No • If yes,identify the firm or individual providing the service. BDO 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?IF Yes ❑ No • If yes,identify the firm or individual providing the service. Cooper Carry,Hanbury,WPL,Kimsey Horn 5. Is there any other pending or proposed purchaser of the subject property?❑Yes S No • If yes,identify the purchaser anc purchaser's service providers. 21Page Atlantic Park, Inc. Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement Cvy Planning&Community "'"N.,,,,,svDevelopment 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?S Yes ❑ No • If yes,identify the construction contractor. W.M.Jordan 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. WPL/Kimley Horn 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?it Yes 0 No • If yes,Identify the name of the attorney or firm providing legal services. Kaufman 4 Canoles Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. LAC Applicant Signature Print Name and Title 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 Lv( No dances as of Data 7/30/21 Slprture }thins Name Ashy Moss -- 31Page Atlantic Park, Inc. Agenda Item 18 Page 11 Disclosure Statement Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Dorra MacMilbn-Whitaker Michael A.Culpepper John L.Gibson,Ill Bruce A.Berlin Elizabeth Matulenas Matthew L.Lafler Steven D.Green W.M.Jordan Company Johr R.Lawson H2O Investments,LLC Joe LaMortagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W.Bishard John K.Bishard Robert A.Deacon Atlantic Park, Inc. Agenda Item 18 Page 12 Disclosure Statement Disclosure Statement Pianning&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 The City of Virginia Beach Development Authority. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Office of the City Attorney la 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) Applicant is a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1Ii'a Atlantic Park, Inc. Agenda Item 18 Page 13 Disclosure Statement Disclosure 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 cevelopment 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? Cl Yes ®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 ®No • If yes,identify the firm or incividual providing the service. 4. Does the applicant have services from an architect/landscape archltect/land planner 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 or 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 and purchaser's service providers. � 1f �c Atlantic Park, Inc. Agenda Item 18 Page 14 Disclosure Statement Disclosure Statement Oarr!r iM:e 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 construction contractor. WM Jordan&Sons has been identified as the general contractor for the project. 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 0 No • if yes,identify the engineer/surveyor/agent. Kimley Horn has been retained to provide engineering services. 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 name of the attorney or firm providing legal services. Singer Davis(Steve Davis is outside counsel to VBDA) 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. dcI E1 L d Applicant SI tore 1� Lk a 1\..k.uql,A. C.kft- r Print Name and Title 1.4 Date Is the applicant also the owner of the subject property? .0 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 chanps as al °•t• 7/30/2021 "at"• )644. � Print Name Ashby Moss 31Pafe Atlantic Park, Inc. Agenda Item 18 Page 15 Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY COMMISSIONERS David L.Bernd(Secretary) Dr.William Brown William Brunke(Treasurer) Nneka Chiazor W.Taylor Franklin(Assistant Secretary) Penny Morgan Lisa M. Murphy(Chair) Michael J.Standing Joseph E.Strange(Vice Chair) Guenter H.Weissenseel Dorothy L.Wood Atlantic Park, Inc. Agenda Item 18 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Atlantic Park, Inc. Agenda Item 18 Page 17 Item # 18 Atlantic Park, Inc. & City of Virginia Beach Development Authority [Applicants & Property Owners] Street Closure Portion of 18th Street adjacent to 1880 & 1881 Pacific Avenue, 319 18th STreet July 14, 2021 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: The next item on our agenda is item 18, Atlantic Park, Inc. and City of Virginia Beach Development Authority located in the Beach District for a Street Closure. Is there an applicant representative for this? Mr. Culpepper: Yes, ma'am. Members of the Planning Commission, my name is Michael Culpepper, I'm here on behalf of the applicant Atlantic Park Inc. and we accept all the conditions to the application. Ms. Oliver: Great. Thank you. Is there any opposition to this being placed on the consent agenda today? Hearing none, Commissioner Alcaraz is going to read this into the record. Mr. Alcaraz: All right, thank you. The applicant Atlantic Park Inc. and City of Virginia Beach Development Authority is requesting a Street Closure north side of 18th Street between Pacific and Arctic Avenue. They are requesting to close a portion of 18th Street to be incorporated with an assemblage of property owned by the City of Virginia Beach Development Authority. This assemblage which has been referred to as the Dome site consists of two blocks between 18th and 20th streets and Pacific and Arctic Avenues and the block between 19th and 20th Street and Arctic and Baltic Avenue. Similar to the previously approved closures for 20th Street and Arctic Avenue, the proposed street closure for 18th Street includes an area to be fully closed above and below ground where proposed buildings overlap on the right-of-way and subject closure underground only beyond that to accommodate the underground foundation and pilings. The ground and air above the subject closure will remain public right-of-way. Based on the application, the planning commission is recommended for consent agenda. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. 1 Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond:Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay,you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you.Thank you for everyone who had an item on the consent agenda.They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the Traffic Impact Analysis and Sight Distance Analysis, the applicant shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached hereto, subject to the approval by the Department of Public Works. 4. The applicant shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the area to be closed along or within 18'h Street if determined by the City that said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the applicant, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 5. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the rights-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not 3 accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-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. 4 R5S R-5�D OR310- � eR� r\oo Ntiv ; SIII%Al0111,13., ri 11' s- oRit 4 ii:. R� 1 O.qOR . , OORo dot Z1st tTee '1 � Pk 418uR�.c,� oillo,411 _, ` 100 • 016 otateliss014 Ili S. \ la ole0132* 01r.14 01'‘' w ,_ ig: ;Ay_ 1\060 • toi, IP voa 41 Z rC\)1. OR \ Iiiic 12°R i-a 14 ��CO" 9j9R / 3/ R , 1,OR co --------- ' , ', OR 4 •R cv iFOR - 'mil\ "%vs-- cv , � ORcSt h-Stree OR- ::• OR 0Stre Street- , ItIpl � � a . r 1 . V- 4• pR r � bRovitztoos, . �vQ � � � F, I t;a , ` 3 OR a OR • y � OR et OR o � 4;' - Q • _stye o et jQROR* ��OR 0 c. t'YOR OR OR°orwI t ♦, OR,, ✓. OR ` • OR �� OR ► 1 • 0`, _ OR OR N Atlantic Park, Inc. .��7. //, Site Block bordered by Arctic and Baltic Avenues and W`►J' E Property Polygons 19th and 20th Streets S Zoning Double block bordered by Pacific and Arctic Building ' mnlles and 18th and 20th Streets _ -. _ Fee 4)5)) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC PARK, INC [Applicant] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Special Exception for Alternative Compliance (Maximum building height, building setbacks, building types, and several conditional uses) for the property located at the block bordered by Arctic and Baltic Avenues and 19th and 20th Streets, and double block bordered by Pacific and Arctic Avenues and 18th and 20th Streets. (GPINs 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611). COUNCIL DISTRICT — BEACH MEETING DATE: August 17, 2021 • Background: The Atlantic Park development proposal consists of two mixed-use buildings with residential, commercial, structured parking, and indoor/outdoor entertainment venue, and an outdoor "Surf Park." Additional retail and mechanical buildings will surround the Surf Park lagoon. The development project is anticipated to house a variety of uses, some of which ordinarily require a Conditional Use Permit. These include an outdoor recreation facility (Surf Park), open air markets (food trucks, farmer's markets, etc.), assembly (indoor component of entertainment venue), and recurring outdoor special events (outdoor component of entertainment venue and other outdoor events). While the full range of commercial uses has not been finalized and will likely vary over time, additional anticipated conditional uses include bars/nightclubs and craft breweries/distilleries/wineries. • Considerations: The project will include a mix of entertainment, retail, recreation, food and beverage, parking, office, and residential uses arranged in a manner that will create an interesting and unique experience for users of the site. The setback and height alternatives allow the project to conserve a greater amount of land for open space and accessibility on the site, allowing the site to function well and provide an interesting and welcoming aesthetic for residents, patrons, and passersby. The development will accommodate alternative modes of transportation, including rideshare drop-offs, bicycle parking, and ample sidewalks and connectivity for pedestrians. The parking garages constructed during this phase of development will contain approximately 1,422 centrally located parking spaces. Unlike Atlantic Park, Inc Page 2 of 3 commercial properties on the blocks between Atlantic and Pacific Avenues, employees and residents of the proposed development will not be eligible to receive parking passes from the Residential Parking Permit Program. This will mitigate impacts of parking in the surrounding residential-only neighborhoods. The facility will draw visitors year-round, directly addressing one of the most challenging goals identified in the long-range plan for this area, RASAP 2030. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report, which has been revised slightly since Planning Commission as indicated with underline and strikethrough text. There is no known opposition to this request. ■ Recommendation: On July 14, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The project will be developed in substantial conformance to the exhibit package entitled "Atlantic Park — Conceptual Massing" by Gensler and Venture Realty Group dated 06/16/2021, which has been exhibited to the City Council and is on file with the Planning Department. 2. Roadway improvements as identified in the Atlantic Park Traffic Impact Analysis, once finalized, that are not to be constructed by the City shall be constructed by the applicant and incorporated into the applicant's construction sequencing plan for the overall project. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the site plan. 4. The applicant shall work with the Resort Management Office to develop a traffic management plan to be implemented during events at the entertainment venue, including but not limited to events involving the closure of Arctic Avenue. 5. All streetscapes bordering and within the development project shall include sidewalks, street trees, and pedestrian lights. Dimensional details will be determined during site plan review. 6. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m. Atlantic Park, Inc Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:P',►C-J Applicant Atlantic Park, Inc. Agenda Item Property Owner City of Virginia Beach Development Authority , iBPlanning Commission Public Hearing July 14, 2021 19 Virginia Beach City Council Election District Beach Request Alternative Compliance (Maximum building height, building setbacks, building type, and several conditional uses) 2 27th Street o' ?` 26tn Shed y,th Hatt l Staff Recommendation ZSthS`re•' c - - Zath,-,0 Sa 1 Approval ,r hstred its Staff Planner N� 10 -'�� Ashby Mossr Location 11 A Block bordered by Arctic and Baltic Avenues VIA 4*---zaillli 1 \ and 19th and 20th Streets �� \�,= Double block bordered by Pacific and Arctic 3 0 A6th�` — .,A,,,.., Avenues and 18th and 20th Streets I. a r lat,Street 4//ey m 9 ? .0o Stteet Litt,Street GPINs 2427079524, 2427074883, qth stud t,•t,eDrive t11,h6"Nt 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, I 2427074757, 2427077707, 2427072890, -" ..-•� ` tit T'+$ : 2427170516, 2427172611 +s � `°' , Site Size ,'� -, r t_� , '..S 1 + 11 acres �`^ F ' ,� e,`. �.i K� - 1 / ` t Ki , 20 AICUZ 65-70 dB DNL; Sub-Area 1 r •`` , � e i s ' Watershed IAt9ws` «t Chesapeake Bayand Atlantic Ocean r - '`' ........a.........a. +.' Existing Land Use and Zoning District y`� 14, +Bt"S,`E`e _''- ` ,. _* `r '3 ,t'' ,II. Municipal parking lots;vacant land temporarily - *S. _ — . 't „i,, i used for construction layout/OR Oceanfront ,p _ r t=°` ar� ems_` Al. +�O"St` � t• Resort :, 06 `„ hB t Surrounding Land Uses and Zoning Districts North/South/East/West Residential dwellings; commercial uses; church; commercial parking lots/OR Oceanfront Resort Atlantic Park, Inc. Agenda Item 19 Page 1 Background & Summary of Proposal The Atlantic Park development proposal consists of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor"Surf Park." Additional retail and mechanical buildings surround the Surf Park lagoon. The development project is anticipated to house a variety of uses, some of which ordinarily require a conditional use permit.These include an outdoor recreation facility (Surf Park), open air markets(food trucks, Farmer's Markets, etc.), assembly(indoor component of entertainment venue), and recurring outdoor special events (outdoor component of entertainment venue and other outdoor events). While the full range of commercial uses has not been finalized and will likely vary over time, additional anticipated conditional uses include bars/nightclubs and craft breweries/distilleries/wineries. This request for Alternative Compliance includes the uses listed above and deviations from form requirements as described below. Northwest Block • The Northwest Block is bounded by Arctic and Baltic Avenues and 19th and 20th Streets.The mixed-use building on this block is proposed to have 125 residential units, 28,106 square feet of retail space, an 8-level structured parking garage with 1,052 spaces, and an indoor/outdoor entertainment and event venue with an occupancy load of 3,500 indoors plus 1,500 outdoors. • The applicant is seeking Alternative Compliance to exceed the 75-foot maximum height limit on the south half of the block and the 45-foot height limit on the north half. The parking garage component on the northwest corner of the proposed building is approximately 98 feet in height from grade, and the mixed use component lining the south side with residential and retail is approximately 71 feet.The northeast corner of the building contains the entertainment venue,which is approximately 57 feet at its highest point. • In addition, the applicant proposes to encroach into the five foot minimum building setback on this block. As proposed,the building is placed on the property line along 20th Street and Arctic Avenue, resulting in a 0-foot setback instead of the standard 5-foot setback. North Block • The North Block is bordered by Pacific and Arctic Avenues and 20th Street.The mixed-use building on this block is proposed to have 36,107 square feet of retail space, 23,151 square feet of office space, 168 residential units, and a parking garage with 420 spaces. • Similar to the Northwest Block,the applicant is seeking Alternative Compliance to exceed the 75-foot maximum height limit on the south half of the block and the 15 foot height limit on the north half. The proposed building is approximately 84 feet from grade on the north side and steps down in height on the south side. • As with the Northwest Block, the applicant proposes to place the building on the property line, encroaching into the required 5-foot building setback on 20th Street and Arctic Avenue. Surf Block • The Surf Block is bordered by Pacific and Arctic Avenues and 18th Street and incorporates the former 19th Street right-of-way, which was approved for closure in December 2020. The surf lagoon dominates the majority of this block. A one-story building is proposed along Pacific Avenue wrapping around to the eastern part of Arctic Avenue to house mechanical equipment. Additional one story "Retail Pavilions" are proposed on Arctic Avenue. • The applicant is seeking Alternative Compliance to construct one-story "commercial" building types on two "Beach"frontage types (18th Street and Arctic Avenue). Atlantic Park, Inc. Agenda Item 19 Page 2 • In addition,the applicant proposes to place the mechanical building on the property line,encroaching into the required 5-foot building setback on 18th Street. -It'llru-4!ts --14,1113* * \C.7'' .\i--.3----7:'' -\ \ �4.4 ;3,••.\- ca �t+' =' ear Zoning History . 1rir'1��.1,r'� A�,, # Request „vsi. f 1 vio 13,1*,� / ,11��I , 1 STC(portion of 19th Street,20th Street,Arctic Avenue, •'� ►. ��/,1 ig alleys)Approved 12/01/2020 w �7 vrix,�, ,sue,/�,t t 2 CUP(Church Addition)Approved 05/12/1998 •.GiIf•ii %/ii�--�• rc.- e ►►.� r� �r�0 ./ 07' ,J CUP(Church Expansion)Approved 05/25/2010 s.`--calif „ttti �% 3 CUP(Short Term Rental)Approved 06/10/2020 III i'4j~ *iter r j�/. 4 CUP(Commercial Parking Lot)Approved 04/09/2002 ,,v.\, j� F ,'+�,o�la _sfv (s 5 SVR&ALT(Alley Frontage)Approved 10/08/2013 „'r �•;� r� A_ � , , ice` 6 CUP(3 Short Term Rentals)Approved 07/15/2020 ill �,, T "�� 7 CUP(4 Short Term Rentals)Approved 08/26/2020 A114V41.4.1 ti\" .�, .wj° 1�,,t�' 8 CUP(Commercial Parking Lot)Approved 12/09/1985 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 Evaluation & Recommendation The Oceanfront Resort District Form-Based Code(FBC) provides flexibility through the Alternative Compliance process to accommodate certain uses and design features that will be essential in creating the character and ambiance envisioned by the City.The proposed development will require certain departures from the provisions of the Form-Based Code to create a visually interesting environment with a unique sense of place. Though the design proposal is of the type envisioned as an end result by the FBC,there are elements of the overall design that do not meet the prescribed forms of the FBC regulations. In such cases,the FBC provides two other sets of provisions under which property may be developed that provide greater flexibility as necessary.The first is"Optional Forms of Development(OFD),"which is a by-right option administered by the City staff that can be applied when the purpose of a prescribed form is fulfilled to an equal or greater degree by a different design solution.The second is"Alternative Compliance (AC),"which requires approval by the City Council and allows for an even higher degree of flexibility than Optional Forms of Development. Section 7.3.3 of the FBC provides the'Review Standards'for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards,and the City Council, in deciding whether to allow Alternative Compliance,shall consider the extent to which the proposed development,taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile,including walking and transit.Staff Comments:The development will accommodate alternative modes of transportation, including rideshare drop-offs,bicycle parking, and ample sidewalks and connectivity for pedestrians. b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians.Staff Comments: This site will include a pedestrian promenade from Baltic Avenue to Pacific Avenue, expansive open space and a network of pedestrian-scale sidewalks Atlantic Park, Inc. Agenda Item 19 Page 3 and hardscaping. The project includes dramatic, modern architecture and an expansive surf lagoon that will create a very unique and memorable sense of place for pedestrians. c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.Staff Comments:The project will include a mix of entertainment, retail, recreation,food and beverage,parking, office,and residential uses arranged in a manner that will create an interesting and unique experience for users of the site. The facility will draw visitors year round,directly addressing one of the most challenging goals of the long range plan for this area, RASAP 2030. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec.2.1 of this code.Staff Comments:The interior of the site fronts on 19th Street, which is considered a "Shopping Frontage"by the FBC and is intended to promote pedestrian movement and activity. The project features a large pedestrian promenade to improve east-west mobility along the storefronts that will line this corridor.Arctic Avenue,a "Beach Frontage"street in the FBC, bisects the project site. Because Beach frontages are intended to be quieter, pedestrian areas, the project proposes a large lawn area and traffic calming measures along this corridor to slow vehicular traffic and promote pedestrian activity. 3. Is physically and functionally integrated with the built environment in which it is located.Staff Comments:The setback and height alternatives allow the project to conserve a greater amount of land for open space and accessibility on the site,allowing the site to function well and provide an interesting and welcoming aesthetic for residents,patrons,and passers by. The mixed use buildings are laid out on an east-west axis, meaning that the adjacent residential uses will not be negatively effected by shade from new buildings.Additionally, this building orientation minimizes direct sunlight exposure on the buildings, helping to keep the building cooler in the summer and warmer in the winter. 4. Advances the goals and objectives of the parking strategy for the District.Staff Comments:The parking garages constructed with this development will house approximately 1,422 centrally located parking spaces. Unlike commercial properties on the blocks between Atlantic and Pacific Avenues,employees and residents of the proposed development will not be eligible to receive parking passes from the Residential Parking Permit Program. This will mitigate impacts of parking in the surrounding residential-only neighborhoods. 5. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments: Maximum Building Height:Sec. 7.3 of the Oceanfront Form-Based Code specifies that the City Council may allow an increase to maximum building height if the applicant demonstrates that no increase in density will result from the additional height. This is evident in that the surf lagoon occupies more than a block of otherwise buildable area at a height of 75 feet. Further, the buildings are designed to step down, giving them a more human scale for the pedestrians that will utilize the promenade. Building Setback:The proposed deviation from the FBC wets permits the buildings on 20th Street, 184-'Street, and Arctice„ue to have a 0 foot setback, meaning that the edge of the building would be flush with the property line. The purpose of the setback requirement is"to avoid overmassing of buildings and provide additional space for improvements that contribute to the public realm and a comfortable pedestrian environment"(p. 7-4 ORDFBC). The code deviation is further mitigated by. nd reLr. Led outdo. amenity s throughout♦h. site and generous kandseepe-buffers-liketween-the-porking-lets-044-stfeets enhanced streetscape improvements to include sidewalks, street trees,and pedestrian lights. Commercial Building Type on Beach Frontage Type:The proposed deviation from the FBC would permit one-story buildings on 18th Street and Arctic Avenue. The purpose of this building type restriction is to reserve Beach frontage types for quieter frontages with high pedestrian activity associated with movement from residential areas down to the beach. The proposed one-story building on 18th Street will house mechanical equipment needed to operate the surf lagoon. The smaller, one-story retail buildings will be compatible with surrounding uses and architecture. Based on the conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible,Staff recommends approval of the request for Alternative Compliance to the Form-Based Code. Atlantic Park, Inc. Agenda Item 19 Page 4 Recommended Conditions 1. The project will be developed in substantial conformance to the exhibit package entitled "Atlantic Park—Conceptual Massing" by Gensler and Venture Realty Group dated 06/16/2021,which has been exhibited to the City Council and is on file with the Planning Department. 2. Roadway improvements as identified in the Atlantic Park Traffic Impact Analysis,once finalized,that are not to be constructed by the City shall be constructed by the applicant and incorporated into the applicant's construction sequencing plan for the overall project. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the site plan. 4. The applicant shall work with the Resort Management Office to develop a traffic management plan to be implemented during events at the entertainment venue, including but not limited to events involving the closure of Arctic Avenue. 5. All streetscapes bordering and within the development project shall include sidewalks,street trees,and pedestrian lights. Dimensional details will be determined during site plan review. 6. No outdoor amplified music is permitted between 11:00 p.m.and 10:00 a.m. 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 subject property is within the Resort Strategic Growth Area (SGA),one of eight SGAs designated by the Comprehensive Plan.The original Resort Area Strategic Action Plan(RASAP),adopted in 2008, identified eight top priorities, most of which have been completed. One of the outstanding items, "Develop Dome Site as major entertainment venue," has continued support in the recently updated plan,RASAP 2030.Adopted by City Council on June 2,2020,RASAP 2030 establishes new goals for the Resort SGA in the next decade while continuing support for the outstanding priorities. Atlantic Park, Inc. Agenda Item 19 Page 5 The restated vision established in RASAP 2030 is to"identify and implement public amenities and infrastructure improvements and update codes,guidelines, and city review processes to encourage private development,enabling the Virginia Beach Resort 41.-0441111 Area to become a diverse,world-class,year-round coastal community for residents and visitors" (p. 10). Continuing the theme from the previous plan,further distinguishing multiple sub-districts with their own unique character will be key to creating a diverse resort area with something for everyone to enjoy year round. The Dome 11958—1994) The subject site is in the Central Beach District, home to the Virginia Beach Convention Center and Sports Center,the growing ViBe Creative District, and the Virginia Museum of Contemporary Art (MOCA). 19th Street,which is planned to be a major multi-modal corridor, connects the subject site to these established entertainment and recreational destinations (p. 11).Since "The Dome"was razed in 1994,the City has identified this site as a prime location for a major entertainment or recreational venue. RASAP 2030 lists the Dome Site as one of a handful of impactful projects that will benefit the Resort Area and the City of Virginia Beach (p. 52),and the applicants'concept plan in particular is described on p.47. Traffic Impacts Traffic Impact Analysis (TIA) The City of Virginia Beach Public Works Traffic Engineering and Strategic Growth Area (SGA) Office staff have worked closely with the engineering firm Kimley Horn to develop the draft version of the Atlantic Park Traffic Impact Analysis(TIA), dated June 2021. While the TIA is still considered a draft report, Traffic Engineering is comfortable with the study methodology,assumptions,results,and the major study area roadway improvement recommendations.As with any major development project such as Atlantic Park, minor changes to the scope of the project are expected and the TIA will be updated accordingly before it is considered final. The new vehicular trips generated by the Atlantic Park development will create the need for roadway modifications in and around the Atlantic Park site. The TIA has identified what these roadway improvements entail and includes some improvements that are needed due to existing traffic conditions. A condition is proposed that requires the roadway improvements listed in the TIA must be constructed by the Applicant if the improvements are not to be constructed by the City of Virginia Beach. The draft TIA report includes the following major roadway improvements to accommodate the Atlantic Park development traffic: • New traffic signal and intersection improvements at the Pacific Avenue/20th Street intersection. • Traffic signal modifications at the Baltic/19th Street intersection. • Intersection geometry modifications for Baltic Avenue and 20th Street,Arctic Avenue and 20th Street and Arctic Avenue and 18th Street. • Roadway segment geometry modifications for 20th Street between Pacific Avenue and Arctic Avenue and Arctic Avenue between 19th Street and 20th Street. • Traffic signal removal and intersection geometry modifications at Pacific Avenue and 19th Street and Arctic Avenue and 19th Street. • Road closure of 19th Street from Arctic Avenue to Pacific Avenue. • Corridor traffic signal retiming for Pacific Avenue, 21st Street and 22nd Street. An important note for this TIA is that these roadway improvements were developed to mitigate the traffic impacts associated with the Atlantic Park development, but it did not include the traffic associated with an event at the proposed 3,500 seat entertainment venue that is part of the development. The TIA states that"During events at the entertainment Atlantic Park, Inc. Agenda Item 19 Page 6 venue,special event management plans will be needed to facilitate those peak times during the approximate hour before the start time and hour after the event ends to safely move vehicles and pedestrians throughout the area." Sight Distance Analysis Traffic Engineering will require a sight distance analysis to be completed by the applicant to ensure that there is adequate sight distance at the intersections within the area of the development. With the closing of right-of-way to bring the buildings closer to the roadway, this analysis is critical to making sure that the intersection sight distance can be safely maintained. Resort Area Mobility Plan (RAMP) The City is currently finalizing the RAMP project as recommended by the Resort Area Strategic Action Plan updated last year (RASAP 2030). This mobility plan for the Resort Area will address traffic flow, transit services, parking, shared-ride services, micro mobility options, curbside management and active transportation. An extensive public outreach with residents, businesses and visitors will be needed to identify priorities and ensure the mobility plan outcomes will generate a net gain for the community. The mobility planning process will include citizen input, data collection, traffic studies, and collaboration with other government agencies(for example,VDOT)in order to identify potential funding strategies,action items, and project and policy recommendations. This plan is scheduled to be completed in early 2022. Capital Improvement Program (CIP) A number of CIP projects are in various stages of planning and implementation in the vicinity of this development. These projects will include traffic improvements to address existing conditions as well future impacts generated in part by the proposed Atlantic Park development. The Atlantic Park Traffic Impact Analysis has factored these planned improvements into its analysis. Stormwater Impacts Extensive stormater improvements will be required for the proposed development in order to meet current stormwater regulations. Specific improvements will be determined during detailed site plan review. Public Utility Impacts Water & Sanitary Sewer There is an existing 12" City water main and a 6" City gravity sanitary sewer main in the 18th Street right of way to be closed. A survey is necessary to show the location of these two mains and the associated water and sanitary sewer infrastructure with respect to the proposed area for closure. It is expected that relocation of both mains will be necessary if this street closure is approved in order to provide physical separation from proposed structures for maintenance. The length of utilities to be relocated will be determined based on the aforementioned survey. Public Outreach Information Resort Advisory Commission (RAC) • The applicant presented the proposed conceptual plans and renderings to the RAC Planning Design Review Committee on November 3, 2020, and the committee voted unanimously in support of the project. An updated briefing was presented to the RAC on July 1, 2021. Atlantic Park, Inc. Agenda Item 19 Page 7 Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27,2021 and July 4, 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 June 28, 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1,2021 and August 8, 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 August 2, 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 August 13,2021. Atlantic Park, Inc. Agenda Item 19 Page 8 0 0 to rD 0 fD 0 Atlantic Park - Conceptual Massing Gensie{ 06/16/2021 Northwest Garage Multifamily Residential N Commercial N. � y Entertainment rQ 90 IV Event Lawn Retail Pavilions Y "+ �•�' //—Multifamily Residential Retell __.v.._...._..�, ` Commercial North Garage Surf Park Lagoon Retail 8 Surf Operations Retell �ry Future Development Surf Perk Mechanical Area NOTE: Conceptual drawing for Alternative Compliance submission. Document not intended to represent design intent and architectural detail. a rD t_ F w -D a FP" ata 3 m 5 t0 tD Proposed Conceptual Massing & Site Plan N O N N—ci T A tt po easy lerue p. j*led IRIS j II s , y I I .,, ;it._ , . . ,. ,410 Ii.._ 146 ._, i, . , t q . 1062 . W . ,. .,..„., ,. _1,.7....,,,„...... _____ __ _ ...,___.; ` 0� _. . ., - _ y C O l9 > v t E a) c l c) l ! U ID C w • C co co C 0_ E m C O c U v a) 0 ; N CD CD Q a) U z o a) m aa C i O c i N 73 te (I) L o C IQ = a) CI- a C U y C.) c c ++ o C U c al co w Lij I- e, Q O o z o Atlantic Park, Inc. Agenda Item 19 Page 10 I I I I - NOTE: Conceptual drawing for Alternative Compliance submission. O Document not intended to represent design intent and architectural detail. o i 1 1 y aD 1 1 1 Q 1 1 1 ` I r --- PROPOSED R.,v r PROPOSED UNDERGROUND R.W \I PROPOSED UNDERGROUND RAN PROPOKBIl/W I 0 `l wN J t %, -, -—---—--- cxxTrluRnr "--• BBB�rss p' CU w 1, ,-n iv. NORTH BLOCK I,. `7 • - \ — . RETAIL: 36,107 SF S- I (y I; �� NORTHWEST BLOCK nw RN �\` OFFICE:23151 SF (n ,i-..•, 1 UNIT COUNT; 188 ! •n_' V1 NI PARKING COUNT:420 - • RETAIL 28.105 SF I l * L� 3 I` h 1. :OFFICE. N/A I I (. I '1 . UNIT COUNT 125 . 1 ` I"If •1 � Q. ,,�p 1' PARKING COUNT 1052 I 'I U. I. me 90 P VI FT C.. •. `P e L I CU 12 r_Is s .. 1 NB 1 .� PROPOSED ��'••I L— , I 'I ) ISURF LAGOON 1 I 1 1 / 11 1 �LEGEND ' ' 1 I 1 iI i —I PARKING AREA I I I COMMERCIAL AREA 1 I 11111111111111,ENTERTAINMENT AREA 1 1 1 I i E• I LOADING AREA j_ 11.___I �— I. PLANTING AREA _ - = '--I TECHNICAL AREA .. • � L BEACH AREA _ I I I 41- - SURF LAGOON — I - - 1 -\ •. • • STREETSCAPE AREA -- 1 I - i PROPOSED I UNDERGROUND R$N I PROPOSED UNDERGROUND RIW I I 4, I PROPOE I0 RNF—"^' i. I I / 11—_--PROPOSED RUN I -I - Y:` I ' 1 I OD CU (D !Fri 1 X auPRIc ac.NE MI FEET ALTERNATIVE COMPLIANCE cu v Vil ATLANTIC PARK I CONCEPT PLAN ILcrgrD � 3 - .'• M ....,..._ .. 1- LCI 0 0 to rD 0. m CD ai Atlantic Park - Conceptual Surf Block Gensler VNTUR_ 06/16/2021 ` 0 East Elevation-Pacific Avenue NOTE: Conceptual drawing for Alternative Compliance submission. Document not intended to represent design intent and architectural detail. South Etevanon•lath Sent ,L aa,v,g.,,.v. --- semi-. tr.or .,.:.,. c.m o-[ c<.:,.s!+o,..e:Paespin-o .,nral<-,arid,oe.v.:r.k,,,, Ltr, .an•«:-.,:,i.a•a .., West Elevation-Arctic Avenue r ElWuiu.+.. .�.a1Fpl:r' Peia Pan'Me Pale,Pa...rA eQ fD c n Cu m ro IV lD . Proposed Elevation Plan ..r a a i ¢W Al 5 II 7,; ~ .•u MN _r_ • • I I e a _ L i -- - ° t liiij TT; I. p o 13 To m w y5 w I 1 w r _ _ 10 w m w `m m, m x c z i z,: — t m \ ' C t It it CDm . 11 w E rl. - z Atlantic Park, Inc. Agenda Item 19 Page 13 Proposed Elevation Plan ..„ MB •1 :..) ...... ,.., ,., 6 43 ' 7 - - -, a i a ,- .,•• i- - - - - - I m 1 no c.: •••:. mili5 ti. — . E 8 it i- - - o .—— 1.1 6 _ ,= < m < > I sis i i., :. . i.. . , 1 iliii . co 6 4 ! Ill JU 1 __ _ . g g o= _ .e. • g•.:, at. I . z.". . . z; ill) C i y .8 72 2 g a€ i; . . fs.t E 2 8 E 1' g- ' 1 i 4 '.. i 1 a CD i C 2 1.7-0 , y f,,, I E Iti: 1 Ta.E E -g; i ! rx ili 0 0 Z . z o ! Atlantic Park, Inc. Agenda Item 19 Page 14 Proposed Elevation Plan f 8 .; r k y PII�=�CCC=CC Iill I � � `77 a A C V g V _AP 9 - 17 CI 8 S T -- , 1-II IP y _ r it t A W 73 _1 1- ■ W C V , )r� — 5 A n 28 ✓ ^ i P 8 - TTI 3 c• 1,\V/(ii x Atlantic Park, Inc. Agenda Item 19 Page 15 Proposed Elevation Plan 1I 6 T ,� �F 4 s .3,..:.‘i ili aH1111 is I .....1 7 9 E O. e -T. ,. I 4 ra n _ 3 W 1 W W C N 9 = J = 7 ' ZpU , [A ZpU O U U C O Z, J`^i I C O 145 N}f C ., Jo L , RO az Ed U c y c c v f a ' i F c t 8 43 U r> C Rii E • D 1- 7 H i O o =O R F Atlantic Park, Inc. Agenda Item 19 Page 16 Site Photos Northeast Block - SW Corner of 20th Street & Pacific Avenue i t iiiiirtr,:z4lei Surf Block - 19th Street & Pacific Avenue (looking west) 4=s-a Surf Block - SW Corner of 19t" Street & Pacific Avenue .„: . ; s Atlantic Park, Inc. Agenda Item 19 Page 17 Site Photos Surf Block - NW Corner of 18th Street & Pacific Avenue ,. _ rt -, y M ay — . t,-,7 4-'''- - -;:i . r c® .a lYf11" - Surf Block - NE Corner of 18th Street & Arctic Avenue <. . Surf Block - 19th Street & Arctic Avenue (looking east) , ,.. Ilk \ > j'fi a . Y^ Atlantic Park, Inc. Agenda Item 19 Page 18 Site Photos SW Corner of 20th Street & Pacific Avenue - ✓ F , ., . ' -,'. .4' - ,-. 1L. - - �_,d a 1114 a 19th Street & Pacific Avenue (looking west) } -'L. -• . , . , .. , '- .,., ..c,, % It ' _. 'I . ..��..Aa. -y . .�tx.:�. . ,sirs-7....: r. s= • SW Corner of 19th Street & Pacific Avenue 1 ,t I, Atlantic Park, Inc. Agenda Item 19 Page 19 Disclosure Statement Disclosure Statement ! Plannin o 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 Atlantic Park,Inc. Does the applicant have a representative? N Yes ❑No • If yes,list the name of the representative Michael A.Culpepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑ 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-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 pe-cent 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(i'i)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 1 I Atlantic Park, Inc. Agenda Item 19 Page 20 Disclosure Statement Disclosure Statement \113 City o Planning&Community Development Known Interest 12A 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?NC Yes ❑ No • if yes,what Is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority is owner 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 providing the service. Applicant anticipates securing financing(capital provider has not been selected). 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. Venture Realty Group 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?U Yes ❑No • If yes,identify the firm and individual providing the service. BDO 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?IC Yes ❑ No • If yes,identify the firm and individual providing the service. Cooper Carry,Hanbury,WPL,Kimley Horn 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Atlantic Park, Inc. Agenda Item 19 Page 21 Disclosure Statement Disclosure Statement -\113 Planning&Community Development fix. 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?Ili Yes ❑No • If yes,identify the company and individual providing the service. W.M.Jordan 7. Does the applicant have an engineer/surveyor/agent in connectio^with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing the service. WPL,Kimley Horn 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?Ill Yes 0 No • If yes,identify the firm and individual providing the service. Kaufman 4 Canoles Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understanc that, upon receipt of notification that the application has been scheduled`or public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. krt"IT••- "t1.4tc. JrNL. Applicant Signature _ $44.4.'MCI- A. (...,•.fN/ __ACC) _ Print Name and Title 2- t - "I-S . Date Is the applicant also the owner of the subject property? ❑Yes ❑ No • I'yea,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 ryes m of i Date 7/30/21 Signature 1 As by s -- Revised 11.09.2020 3 I P a,... Atlantic Park, Inc. Agenda Item 19 Page 22 Disclosure Statement Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMil an-Whitaker Michael A.Culpepper John L.Gibson,Ill Bruce A.Berlin Elizabeth Matulenas Matthew L.Lafler Steven D.Green W.M.Jordan Company John R.Lawson H20 Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W.Bishard John K.Bishard Robert A.Deacon Atlantic Park, Inc. Agenda Item 19 Page 23 Disclosure Statement Disclosure Statement N/13 Planning&t'ommunity r, �" Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Name Atlantic Park,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?it Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) The owner Is a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the Owner. (Attach a list if necessary) n/a 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 in 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 ind'rectly 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 o-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. Fev,sea il.09.2020 5 I P a?U Atlantic Park, Inc. Agenda Item 19 Page 24 Disclosure Statement Disclosure Statement Planning&Community AiN\Development • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralhation,etc)or are they considering any financing in connection with the subject of the appl cation or any business operating or to be operated on the property? ❑Yes i No • if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/reahor 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 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?0 Yes II No • If yes,identify the firm and individual providing the service. 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. 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. 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 U 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?0 Yes ❑No • if yes,identify the firm and Indlvfdual providing the service. IGmley-Horn, Vanasse Hangen 8rustlfn,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11.09.2020 6 I P a t e Atlantic Park, Inc. Agenda Item 19 Page 25 Disclosure Statement Disclosure Statement NA3 i'uy d lltpra t 6 40,, 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?Ia Yes ❑ No • If yes,identify the firm and individual providing legal the service. Singer Davis 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 Alexander W.Stiles,Senior City Attorney Pint Name and Title 02/11/21 Date Revised 11.09.2020 7 Atlantic Park, Inc. Agenda Item 19 Page 26 Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY COMMISSIONERS David L.Bernd (Secretary) Dr.William Brown William Brunke(Treasurer) Nneka Chiazor W. Taylor Franklin(Assistant Secretary) Penny Morgan Lisa M. Murphy(Chair) Michael J.Standing Joseph E. Strange(Vice Chair) Guenter H.Weissenseel Dorothy L.Wood Atlantic Park, Inc. Agenda Item 19 Page 27 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. Atlantic Park, Inc. Agenda Item 19 Page 28 Item # 19 Atlantic Park, Inc. [Applicant] City of Virginia Beach Development Authority [Property Owner] Alternative Compliance 1880 & 1881 Pacific Avenue, 319 18th Street July 14, 2021 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Great, thank you. The next item is item number 19, Atlantic Park Inc. and City of Virginia Beach Development Authority. It's an Alternative Compliance at address 1880 and 1811 Pacific Avenue, 319 18'h Street. Is there a representative for this? Mr. Culpepper: Yes, ma'am. Thank you again, Michael Culpepper with Atlantic Park, Inc. and we agree with the conditions set forth. Ms. Oliver: Great. Thank you very much. Is there any opposition to this being placed on the agenda today — consent agenda? Hearing none. Commissioner Alcaraz is going to read this into the record please. Mr. Alcaraz: All right, bear with me. Ms. Oliver: Sure. Mr. Alcaraz: The applicant Atlantic Park, Inc. is requesting an Alternative Compliance for maximum building height, building setbacks and several conditional uses. The Atlantic Park development proposal consists of two mixed use buildings and residential commercial structured parking and an indoor outdoor entertainment venue with an outdoor Surf Park. Additional retail and mechanical buildings surround the park also. Development Project as anticipated has a variety uses, some of which ordinarily require a Conditional Use Permit. These include an outdoor recreational facility, the Surf Park, open air markets like food trucks, farmers market, etc. Assembly for indoor component entertainment venues and reoccurring outdoor special events for outdoor components an entertainment venue with outdoor—with other outdoor events. While the full range of commercial uses has not been finalized and will likely vary over time. Additional anticipated conditional uses include bars, nightclubs, craft breweries, distilleries, and wineries will come forth.The request of the Alternative Compliance includes the use is listed above with deviations from form requirements as described below. The applicant is seeking Alternative Compliance to exceed the 75-foot maximum limit on the south half of the back and 45 foot height on the north half. In addition,the applicant proposes to encroach into the 5-foot minimum building setback on this block as 1 proposed, the building is placed on the property along the 20th Street and Arctic Avenue, resulting in a zero foot setback instead of the standard 5-foot setback. At the north block similar to the northwest block the applicant is seeking Alternative Compliance to exceed the 75-foot maximum height limit on the south half of the block and 45 foot height limit on the north half. The proposed building is approximately 84 feet from the grade on the north side and steps down to a height on the south side. As with the Northwest block, the applicant proposes to place the building on the property according — encroaching into the required 5-foot building setback on 20th and Arctic. At the Surf block, the applicant is seeking Alternative Compliance to construct a one story commercial building type for beach, I'm sorry, on two beach frontage types, I missed that, 18th Street and Arctic Avenue frontage sights. So having said that in addition, the applicant proposes to place the mechanical building on the property encroaching into the required 5-foot setback on 18th Street. With those conditions stated, Planning Commissioners recommended approval for consent agenda. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17? Which is actually Marlin Bay, MP Shore. 2 Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The project will be developed in substantial conformance to the exhibit package entitled "Atlantic Park— Conceptual Massing" by Gensler and Venture Realty Group dated 06/16/2021, which has been exhibited to the City Council and is on file with the Planning Department. 3 2. Roadway improvements as identified in the Atlantic Park Traffic Impact Analysis, once finalized, that are not to be constructed by the City shall be constructed by the applicant and incorporated into the applicant's construction sequencing plan for the overall project. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the site plan. 4. The applicant shall work with the Resort Management Office to develop a traffic management plan to be implemented during events at the entertainment venue, including but not limited to events involving the closure of Arctic Avenue. 5. All streetscapes bordering and within the development project shall include sidewalks, street trees, and pedestrian lights. Dimensional details will be determined during site plan review. 6. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m. 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. 4 ,„ , l am' B1 ulU �D Od-'97, 513 0 , � � ,~-, �' R'5'R�ook� _ �� Lit Ro 0 acl I el 0 iEV 1 0 1 0/ ---____ GUa _ 0 , ID B 1 [-D '__-___ /6"- -ti---------.6-etC 0 , 0 *air „icg a , o 0 . Z5R a)•13 P /0 I 0 � a ' it R5RL '_ 0R1"0 r:- ---.:3 ' __ 1:3--.._ , .N 0/or /II o co 0 *. G nUe yRI 0 �R�1 ( o � .01 �--._cam D Aven SRL Lie /Don oiJi , ___,.,._ r-7, , Rr10 __ ___ %%. Site Design by Eleni, Inc W A7 E .:7 , Property Polygons 2416 Seaview Avenue �J s Zoning Building Feet / �Ku �z II Igc ej Y7) ll E. 0. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DESIGN BY ELENI, INC [Applicant & Property Owner] Change in Nonconformity (Redevelopment of a Nonconforming Duplex) for the property located at 2416 Seaview Avenue (GPIN 1570619098). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 17, 2021 • Background: The property is zoned R-10 Residential District and is developed with a duplex that was constructed in the 1950s. As the R-10 Residential District does not permit more than one dwelling unit per parcel, the existing duplex is considered nonconforming. The applicant seeks to demolish the existing 1 ,445 square feet nonconforming duplex and replace it with a taller and larger 2,510 square feet duplex through resolution of City Council by Section 105(d) of the Zoning Ordinance. • Considerations: The proposed nonconforming redevelopment will meet all the development standards of the R-10 Residential District with regard to lot coverage, building height, building setbacks, and on-site parking requirements. The existing duplex encroaches into the front yard setback by five feet and there are no on-site parking spaces. The Bayfront Advisory Commission found the proposed coastal-inspired architecture with architectural roof shingles, fiber cement lap siding, metal roof, and vinyl windows to be consistent with the recommendations of the Shore Drive Corridor Design Guidelines and supports the application. The Planning Commission concurs with Staff that the redevelopment proposal will be appropriate and compatible with the character of the surrounding area and placed this application on their consent agenda. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of support were received by Staff regarding the proposal and there is no known opposition to this request. • Recommendation: On July 14, 2021, the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 8-0. Design by Eleni, Inc Page 2 of 2 1. When the property is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "Concept Plan — The Northern 83.9' of Lot 19, Block 2", prepared by WPL, revised June 18, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the architectural design and exterior building materials shall substantially adhere in appearance, size and materials to the elevations and renderings from pages 7 through 10 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Ordinance Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *-7 City Manager:/7 Applicant & Property Owner Design by Eleni, Inc Agenda Item Planning Commission Public Hearing July 14, 2021 City Council Election District Bayside 13 City of Virginia Beach Request Change in Nonconformity (Redevelopment of Nonconforming Duplex) Staff Recommendation Approval •%,,,Y Staff Planner tif ,� m `°F'0�,e Hoa N. Dao I 4, 7,_ r'�• -4,4 _--G�r Look out Rcde _,...., _ Location • 2416 Seaview Avenue c«°^e�q°" .":"L4.--- AVeR� GPIN lake eay� 1570619098 ,rR Site Size vof ee, 8,390 square feet ' �' AICUZ Less than 65 dB DNL "11 AIL 47 Watershed ` r Chesapeake Bay ANT Existing Land Use and Zoning District / 4 ,,, -1 ~ , ` li r. Duplex/R-10 Residential (SD) - '_ e S. r' r ft -- . . , li Surrounding Land Uses and Zoning Districts vo ; . : ••- 11 o North (t �:do s1,e�.. A% Single-family dwelling / B-1 Neighborhood ` Business (SD) 0‘ ,te South F 4 Single-family dwelling/ R 10 Residential (SD) leeA'en„, East ° �. 1161"* Single-family dwelling/ R-10 Residential (SD) �� : .`" . West r Seaview Avenue � _'°�.:.e 4, 1 Single-family dwelling/ R-5R Residential (SD) Fripm, - s" I , ,°"`' Design by Eleni, Inc Agenda Item 13 Page 1 Background & Summary of Proposal • The property is zoned R-10 Residential District,within the Shore Drive Overlay, and is developed with a duplex. As the R-10 Residential District does not permit more than one dwelling unit per parcel,the existing use on this site of a duplex with two dwelling units is considered nonconforming. • The applicant seeks a Change of Nonconformity in order to redevelop the existing 1,445 square foot nonconforming duplex with a taller and larger 2,510 square feet duplex. • The applicant is requesting to utilize Section 105(d) of the Zoning Ordinance to allow for the nonconforming structure to be "enlarged,extended, reconstructed, or structurally altered" by resolution of City Council. • The elevations of the three-story structure depict a coastal-inspired architecture with architectural roof shingles, fiber cement(hardie plank) lap siding, black metal roof, and vinyl windows. • The existing and proposed lot coverage, living area, building height and setback are provided in the table below. LOT AREA LOT COVERAGE LIVING AREA BUILDING FRONT (sq. ft.) (sq. ft.) (sq. ft.) HEIGHT(ft.) SETBACK (ft.) Development Standards 10,000 2,517 n/a 35 30 Existing Duplex 8,390 1,440 1,440 20 24.33 Proposed Duplex 8,390 2,510 5,542 34.83 31 5 LoO1`o -L ; , Zoning History °"sr � # Request r 01, 1 SVR(Lot Width)Approved 11/15/2016 Ci Ott; 2 NON (Expansion)Approved 05/05/2015 3 NON(Expansion)Approved 02/09/2010 ' tft,4„ 111 -40 �i / i i -r ' / 4 SVR(Lot Width)Approved 09/09/2003 ' z 4,4 / 5 REZ(B-1 to R-5R)Approved 01/11/2000 ` r / r p Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The proposal to replace the existing nonconforming duplex with a new nonconforming duplex, in Staff's opinion, is acceptable. While the proposal increases the lot coverage from 1,440 square feet to 2,510 square feet and building height from 20 feet to 34.83 feet, it meets the development standards of the R-10 Residential District which permits a maximum lot coverage of 30 percent and a maximum building height of 35 feet. The redevelopment will bring the Design by Eleni, Inc Agenda Item 13 Page 2 building's setbacks into conformance with current setback requirements of the Zoning Ordinance.Specifically,the existing duplex is setback 24.33 feet from Seaview Avenue,thereby not meeting the required 30 feet front yard setback. The proposed duplex will be setback 31 feet from Seaview Avenue. In addition,on-site parking is not provided for the duplex and residents of this parcel are parking within the right-of-way in front of the property.The redevelopment includes four on-site parking spaces,thereby meeting the parking requirement and eliminating this existing nonconformity. Section 105(d)of the City Zoning Ordinance states that "it is the intent of the Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded,extended,or relocated except upon a resolution of the City Council...based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconformity." Staff finds the redevelopment to be appropriate and compatible with the character of the surrounding area in terms of setbacks, building height, parking,and architectural style. As the property is within the Shore Drive Overlay,the Bayfront Design Committee reviewed the proposal. Based on suggestions by the Committee,adjustments to the building's design and the exterior building materials were made to ensure compliance with the Shore Drive Corridor Design Guidelines. Based on these changes,the Bayfront Advisory Commission supports the application. While the redevelopment does increase the degree of nonconformity with the increase to the building size, it still meets the development standards of the R-10 Residential Districts. In addition,the redevelopment will bring the site into conformance with the setback and parking requirements. The redevelopment of the property will also result in the replacement of an aging structure that has no historical significance with an attractive structure designed with a coastal theme. Based on all of these considerations, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "Concept Plan—The Northern 83.9'of Lot 19,Block 2", prepared by WPL, revised June 18,2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. When the property is redeveloped,the architectural design and exterior building materials shall substantially adhere in appearance,size and materials to the elevations and renderings from pages 7 through 10 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 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. Design by Eleni, Inc Agenda Item 13 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor.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. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods," which depicts a stable and sustainable neighborhood supported by complimentary non-residential uses. New developments can achieve the "Great Neighborhoods" principle with careful consideration to the mix of land uses,site and building design, multimodal transportation, and environmental responsiveness. The Comprehensive Plan describes the residential density in the Suburban Area to be low to medium density and should be consistent with the character of the residential uses in the surrounding area.The guideline acknowledges strategies to building location and setback,access and circulation, parking, landscaping, natural features,stormwater management, lighting, signage, outdoor amenities, building design, exterior building materials,scale, and streetscape amenities. Ultimately, proposed building designs should be sensitive to the surrounding built and natural conditions, with respect to the scale, height, and configuration. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Seaview Avenue No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use Z-15 ADT Proposed Land Use 3-15 ADT 1 Average Daily Trips 2 as defined by a duplex 3 as defined by a duplex °LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Seaview Avenue is a two-lane local residential street with a 70-foot right-of-way width. It is not included in the City's Master Transportation Plan,and there are no current CIP projects planned for this portion of the roadway. Public Utility Impacts Water&Sewer The property is connected to City water and sanitary sewer services. Design by Eleni, Inc Agenda Item 13 Page 4 Public Outreach Information Planning Commission • Two letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 1, 2021 and August 8, 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 August 2, 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 August 13, 2021. Design by Eleni, Inc Agenda Item 13 Page 5 Proposed Site Layout LOCK 2 I (IN. 20170510000389390) DC. 82) 72" WDF 1.21' �y I OUTSIDER PROPERTY CORNER —72" WDF 0.95' ,�. INACCESIBLE OUTSIDE R - - OG-v x x— x x x x x x - - — 83.9' 1 NORTHERN PROPOSED 83.9' OF LOT 19 03 PROPOSED CONCRETE PATIO�, 12.00' N 12.00 0�CONCRETE PATIO 0 '4--o —r^ _4_, 58.33' :R \ ________N .t.. 'N. 4E N UN/T A UNIT B N ,-- PROPOSED PROPOSED -42.79'— 1B 3-STORY FRAME 3-STORY FRAME BLOCK DUPLEX DUPLEX PG. 13) o0 9.00' 9.00' I o _ >\! oo REMAINDER OF LOT N N (M.B 8, PG. 82; PROPOSED 1st j 40 33' T PROPOSED 1st FLOOR PORCH _-18.00'— —18.00' FLOOR PORCH PROPOSED PROPOSED CONCRETE CONCRETE ?4" SPLIT-RAIL FENCE I O DRIVEWAY DRIVEWAY o 0.32' OUTSIDER Il (2 SPACES) (2 SPACES) 0 SPLIT-RAIL FENCE � �,', 0.22' OUTSIDE R� oG� Y 83 I o.9' 13,: Wa c000 --18.00'-- x I// // %, STORM 1f II '- DRAIN PROPOSED 5' ETE CONCRETE SIDEWAL. AITO 'ILK SEA VIEW A VENUE PROPOSED CURB (70' VW) N.B. 187, PG. 43) & GUTTER Design by Eleni, Inc Agenda Item 13 Page 6 Proposed Renderings • sr s - d , ,ry`'. v P` i( / ‘ • :L- - 8 cr 1 J g j • g �a- .i _ i ' s � - C J t e.. X Z y, Q H y x ;WIi Iz_ LJ pa. 4 U ¢F • =C y� 1 �N I. •• b W h. MSJ Gm Q p Jm '4 <_ if _ I 4 H W¢ 0/4: MO% '''.--..-..--1- I H j $ M LL �4","O t r. t. 14- ^^. 1 W J j 7 � , 7r+ Design by Eleni, Inc Agenda Item 13 Page 7 Proposed Renderings r I* (14 c• +i 9 ' 0 4t " i i.• f` `v`,f d F + IjI ti - I II III in. Y ys C ' �� R H'r � • , r tie— r !1 1111111111i 1 65 _.=i U C 7-11_ N- -, ) . , • µ . H ". ; , . 11,: ., - ~ 4 j,'... tie; '_ 4 fir• . , . !I_ , i, Design by Eleni, Inc Agenda Item 13 Page 8 Proposed Elevation Plan :.=••==.,..--,_ _____ --,==____ __-L--.___—.7-__=-_-_—_-- uninr n:un _ _IT_m•0is .i iniu. ,ruin unuu . iaii iii �� iii:iiinl . •.•"•1.•" IT�YLt?I®itTfiN ' am••• ■■I BM IIIMMIONNIIIII!!!!!! iiuiiiiiiiiiii RIUUUU,_MMMI 1111 ioiiiiiiiiii_IUiIIHUIIH JIIN�IMI 111 11111.I liiiiiiioiiii ilmil iiioaiiiiiiiatt-.e.,uuin.,..I,u�iiii..I.Iu i,.i..I.I,....,.ii.n,n.n.u.u.u.u.n.ui,.,., .I immi :.uuu.uu.u.�un.nm..unn..nawun�AN nan.u..unu.n:n,.uuuuu. 'r u. ..i ui �:ii a II E iru ____ R S ____ i., �_ ii ii i , MIMI aii _ 1% ■m w = LW CIE MEI FRONT ELEVA-ION —••• ... ii/N- ..... .... .... — • —.. ....... ..........7\- . EH LEFT SIDE ELEVA-ION Design by Eleni, Inc Agenda Item 13 Page 9 Proposed Elevation Plan _ �ili■i de_. t S S-, t t t t t t -. W-7.? I I I I 1 7 1 1 ! . i mi m. ■■I■■ M OM — I=l ■■.MN l U . r1i1 W If REAR ELEVATION - - --, I": _ - -_ - \ S • I I--• _ • / ... ...... ,...... RIGHT 510E ELFY.ATIOX Design by Eleni, Inc Agenda Item 13 Page 10 Site Photos . 1410 .• ,1 1� '�, of r1 ` € 1 4v A. • " +..i _ .r it f111111101_, ,-....%,;;„4„..,,,,.... ,............:' ,.. - a ; — ,- 1 47-1;14* ♦ , iY J h.i .. , fry - { ri / �u r� l v 1 1 -i_ - 1 ky 4a. lin _ ___ _ __ ___ .'- . ..:r _. T Design by Eleni, Inc Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement Cttv Raw, 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 Design by Eleni,Inc,A Virginia Corporation Does the applicant have a representative? a Yes ❑No • if yes,list the name of the representative. Billy Garrington,GPC,Inc Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Eleni Kopassis,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant, (Attach a 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 4 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 4 2.2-3101. Revised 11.09.2020 1 ) P a g e Design by Eleni, Inc Agenda Item 13 Page 12 Disclosure Statement Disclosure StatementAni3 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 I. 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 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? Yes 0 No • If yes,identify the firm and individual providing the service. WPL 5. Is there any other pending or proposed purchaser of the subject property?0 Yes III No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 ( P a g e Design by Eleni, Inc Agenda Item 13 Page 13 Disclosure Statement Disclosure Statement _ . ...ram 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. Kopassis Construction 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 seance. WPL 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 ®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. Applicant Signature • r 'J.M Print Name and Title t'70' 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 r� L ® No changes as or �° 07.27.2021 1 Sipeture /K.D hint N1Ae Hoa N. Dao Revised11.09.2020 3lPage Design by Eleni, Inc Agenda Item 13 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Design by Eleni, Inc Agenda Item 13 Page 15 1 A RESOLUTION AUTHORIZING AN EXPANSION OF 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 2416 SEAVIEW AVENUE 4 5 WHEREAS, Design by Eleni, Inc. (the "Applicant") has made application to the City 6 Council for authorization to demolish, rebuild and expand the nonconforming duplex at 7 2416 Seaview Avenue and zoned R-10 (SD) Residential Zoning District with the 8 demolition of the existing duplex and the reconstruction of a larger duplex.; 9 10 WHEREAS, this parcel currently contains a duplex which is not allowed in the R- 11 10 Zoning District, but the duplex was built prior to the adoption of the applicable zoning 12 regulations and is therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on July 14, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance,the demolition, 18 rebuilding and expansion of nonconforming structures is unlawful in the absence of a 19 resolution of the City Council authorizing such action upon a finding that the proposed 20 structure as demolished, rebuilt and expanded will be equally appropriate or more 21 appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure as demolished, 27 rebuilt and expanded, will be equally appropriate to the district as is the existing 28 nonconforming duplex under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the demolition, rebuilding and expansion of the nonconforming duplex is 34 hereby authorized, upon the following conditions: 35 36 1. When the property is redeveloped, it shall be in substantial conformance with 37 the submitted concept plan entitled, "Concept Plan—The Northern 83.9' of Lot 38 19, Block 2", revised June18, 2021, and prepared by WPL, which has been 39 exhibited to the Virginia Beach City Council and is on file in the Department of 40 Planning and Community Development. 41 42 2. When the property is redeveloped, the architectural design and exterior building 43 materials shall substantially adhere in appearance, size and materials to the 44 submitted elevations and renderings from pages 6 through 9 of this report, 45 which has been exhibited to the Virginia Beach City Council and is on file in the 46 Department of Planning and Community Development. 47 48 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- --- Planning and Community City Attomey's Office Development CA15495 R-2 July 9,2021 2 Items # 13 Design by Eleni, Inc. [Applicant & Property Owner] Change in Nonconformity 2416 Seaview Avenue July 14, 2021 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Thank you. Next item on the agenda is item number 13, Design by Eleni Incorporate, a Change of Nonconformity located at 2416 Seaview Avenue in the Bayside District. Hello. Mr. Garrington: Good afternoon. Thank you, Mr. Chairman, ladies and gentlemen of the Planning Commission, for the record I am Billy Garrington, on behalf of the applicant Designs by Eleni,for this Nonconforming Change of Use. There are two conditions in the staff write up, we're in total agreement with those two conditions. Thank you very much for considering this on the consent agenda. Thank you. Ms. Oliver: Thank you. Is there any opposition to this being placed on the consent agenda today? Hearing none, Commissioner Inman is going to read this into the record. Mr. Inman: Yes, this is a Change in Nonconformity, kind of unusual application, the existing land use is R-10 on the Shore Drive Overlay, the applicant is seeking this change in order to redevelop the existing 1455 square foot non-conforming duplex with a taller and larger 2500 square foot duplex and there is a request to allow the nonconforming structure to be enlarged, extended, reconstructed by resolution of the city council.The elevations of the three-story structure depict a coastal inspired architecture with architectural roof shingles, Hardie plank lap siding and black metal roof. So,the staffs analysis is that this is a replacement. And it's acceptable, increases lot coverage from 1400 to 2500 square feet. In addition, on-site parking is not provided for the duplex but now the residents of this parcel are parking within the right-of-way so this development will correct that problem. So, the redevelopment of the property will result in a replacement of an aging structure has no historical significance with an attractive structure designed with coastal theme. Based on these considerations, staff recommended approval; we decided to put it on the consent agenda. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. 1 Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file—on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. 2 Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled. "Concept Plan —The Northern 83.9' of Lot 19. Block 2", prepared by WPL, revised June 18, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the architectural design and exterior building materials shall substantially adhere in appearance, size and materials to the elevations and renderings from pages 7 through 10 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 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. 3 From the Desk of Samantha Hines 4453 Lee Ave June 14eh 2021 Dear BAC—Planning Commission—and City Council, I write today to voice my delight in the plans Eleni has for the eye sore of a property just a few doors down from my family home on Lee Ave. The plans truly illustrate what many Chics Beach residents see as superb example of an optimal updated structure for our neighborhood of the future. Not only is it appealing to the eye but a well laid out and thoughtful design. The color, layout, and size seem be just right for the property and we welcome the improvement to a location we walk by multiple times a week. I hope more and more similar improvements are made to other outdated properties around Chics in a similar fashion. My husband and I appreciate the unique feel and look of our neighborhood and this new building stays true to that uniqueness in abundance while simultaneously looking toward the future in intelligent design. Please approve ! ! Sincerely, Samantha Hines Samantha78hines@yahoo.com June 17, 2021 Hayden DuBay 4360 Shore Drive Suite 105 Virginia Beach, VA 23455 Re:Change in Non-Conformity Status Applicant: Design by Eleni 2416 Seaview Avenue, Virginia Beach, Virginia 23455 Dear Sir or Madam: Please be advised that we have no objection to the plans and improvements for a Change in Non- Conformity Status at the property located at 2416 Seaview Avenue. We own the property next door at 2420 Seaview Avenue adjacent to the duplex. Mrs. Kopassis provided me a set of the most recent drawings and site plan. Thank you for your attention to this matter. 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' " O ;r 1 _a. _ I `r�x U�yi7 fO{{jj .0,LCFi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VIRGINIA BEACH DEVELOPMENT AUTHORITY & LYNN-LYNNE, LLC [Applicants & Property Owners] Modification of Proffers to a Conditional Rezoning & Conditional Change of Zoning (Conditional B-2 Community Business to Conditional B-2 Community Business & I-1 Light Industrial District) for the property located at 1941 General Booth Boulevard & portion of Corporate Landing Business Park (GPINs 2415204838, 2415122650). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 17, 2021 • Background: A portion of the property where the existing household appliance sales and service business is located (known as Dr. Johnny's Appliances) was rezoned in 1994 from AG-2 Agricultural District to Conditional B-2 Community Business District. A modification to the proffer regarding the freestanding sign was subsequently approved by the City Council in 2004. The remainder of the property associated with this request was rezoned in 1989 from AG-2 Agricultural District to both Conditional I-1 Light Industrial and B-2 Community Business Districts as part of the Corporate Landing Business Park (Corporate Landing). This request includes a modification of the conditional rezoning agreement associated with Corporate Landing to remove 0.73 acres from the business park boundary for an expansion of the appliance sales and service business. Secondly, the request is a conditional rezoning of the project area in order to bring the entire Dr. Johnny's site and adjacent parcel currently under the ownership of the Development Authority under the terms associated with one agreement that will address both the existing and proposed improvements. Specifics of the proposal include the retention of the existing improvements associated with the household appliance sales and service business and the addition of a new 5,600 square foot warehouse building on the adjacent property proposed to be acquired from the Virginia Beach Development Authority. According to the application, the warehouse will be used for storage needs of the appliance business as well as provide indoor storage for several limousines. • Considerations: The addition of the warehouse to the existing operation aligns with the policies set forth in the Comprehensive Plan for the Special Economic Growth Area 3 — South Oceana. The policies recommend non-residential uses that are consistent with the Virginia Beach Development Authority & Lynn-Lynne, LLC Page 2 of 2 City's AICUZ provisions and the Oceana Land Use Compatibility Program and specifically light industrial uses within the eastern portion of the SEGA. The proposed uses are deemed compatible within the 70 — 75 dB Ldn noise zone and are compatible with surrounding uses, thereby passing this test. The future uses envisioned by the Virginia Beach Development Authority for Corporate Landing align with the permitted uses identified in the proffer agreement for the entire property. The residential character of the existing sales and service building will remain unchanged and the exterior of the new warehouse building has been upgraded from the initial submission to complement the existing structure. The warehouse will have space dedicated for the indoor storage of several limousines resulting in a more organized site layout, as the large vehicles are often stored by overlapping parking spaces. Finally, any increase in the number of vehicle trips is expected to be negligible, as the warehouse will primarily serve the storage needs of the existing appliance sales and service business. Prior to the filing of the applications, several site plan submittals were reviewed by the Development Services Center. As the design of the site plan addresses stormwater management, it was determined that a Preliminary Stormwater Analysis would not be necessary because the site design has shown it can comply with the requirements. 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 July 14, 2021 , the Planning Commission placed this application on the Consent Agenda recommending approval by a recorded vote of 8-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:P4191 Applicants & Property Owners Virginia Beach Development Agenda Authority & Lynn-Lynne, LLC Items Planning Commission Public Hearing June 9, 2021 2 & 3 City of City Council Election District Princess Anne Virginia Beach Requests #2 Modification of Proffers (Adjustment to Corporate Landing Business Park boundary) 2 1- '')'— #3 Conditional Rezoning(Conditional B-2 _ -' „ --; T , -'` Community Business District to Conditional B-2 \ Community Business District&Conditional I-1 C_ Light Industrial District) Dam Neck Road u m\< le S !I 3.) Staff Recommendation 4 m o Approval J Staff Planner , _i V C ), r Carolyn A.K. Smith o z. o Location 3eg r 1941 General Booth Boulevard& portion of roilike6 r +► *` Corporate Landing Business Park . 7 Q GPINs ' --y� 2415204838, 2415122650 4P, 44►0„ S�a°vaio 'ye Site Size 4 OOP Mit1.44 acres \_-// / ) �`T\t" AICUZ 70-75dBDNL Watershed , ^ - Southern Rivers • �� if - Existing Land Use and Zoning District Retail, household appliance sales&service, vacant Corporate Landing Business Park property/Conditional B-2 Community Business J s . ' Surrounding Land Uses and Zoning Districts - • North Woods,cultivated field (Corporate Landing) / Conditional B-2 Community Business South General Booth Boulevard b aIK + ii-r Single-family dwellings/ R-7.5, R-10 Residential ` ,t :.. - „ - ,, , ,.1 East • Woods,cultivated field (Corporate Landing)/ r -_ , Conditional B-2 Community Business <, •: West Cultivated field (Corporate Landing)/ Conditional B-2 Community Business Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 1 Background & Summary of Proposal • A portion of the property where the existing household appliance sales and service business is located (known as Dr. Johnny's Appliances)was rezoned in 1994 from AG-2 Agricultural District to Conditional B-2 Community Business District. A modification to the proffer regarding the freestanding sign was subsequently approved by the City Council in 2004.The remainder of the property associated with this request was rezoned in 1989 from AG-2 Agricultural District to both Conditional I-1 Light Industrial and B-2 Community Business Districts as part of the Corporate Landing Business Park (Corporate Landing). • This request includes a modification of the conditional rezoning agreement associated with Corporate Landing to remove 0.73 acres from the business park boundary for an expansion of the appliance sales and service business. Secondly,the request is a conditional rezoning of the project area in order to bring the entire Dr.Johnny's site and adjacent parcel currently under the ownership of the Development Authority under the terms associated with one agreement that will address both the existing and proposed improvements. • Specifics of the proposal include the retention of the existing improvements associated with the household appliance sales and service business and the addition of a new 5,600 square foot warehouse building on the adjacent property proposed to be acquired from the Virginia Beach Development Authority.According to the application,the warehouse will be used for storage needs of the appliance business as well as provide indoor storage for several limousines. • The proffered building elevations for the proposed structure depict a single-story building with an exterior of split face block that will be painted to match the existing appliance sales and service building. Faux windows are depicted along the facade that faces General Booth Boulevard in an effort to retain a residential scale for the project.The exterior facades of the existing appliance sales and service building are also proffered,thereby ensuring the architectural style and exterior building materials will remain into the future. • The single vehicular ingress/egress point along General Booth Boulevard will continue to serve the existing business as well as activities associated with the warehouse.As no vehicular access points are proposed along the right-of- way other than the existing driveway, and General Booth Boulevard is considered an access controlled roadway,a one-foot no ingress/egress easement is depicted on the proffered plan. • Prior to the filing of the applications,several site plan submittals were reviewed by the Development Services Center. As the design of the site plan addresses stormwater management, it was determined that a Preliminary Stormwater Analysis would not be necessary. • The entire Corporate Landing Office Park is located outside the mapped FEMA high-risk flood zones. In addition, there is minimal flooding projected even when factoring in 3-feet of sea level rise. The already constructed infrastructure(i.e. roadways) are built to a resilient elevation,and any low-lying site areas can be raised with fill to further reduce potential long-term impacts.The City also recently approved a stormwater improvement Master Drainage Study for Corporate Landing,which provides reduced peak storm elevations and a fully approved stormwater management plan for several available lots. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 2 1 / / /B-2 / /• / / Zoning History /A/ /" ' # Request �° 1 CRZ(AG-2 to Conditional 1-1& B-2)Approved 0,*��/ R-7.5 08/14/1989 ��,0 2 MOD(Modification of Proffers-signage)Approved i,�%��el 09/14/2004 / eri, t " CRZ(AG-2 to Conditional B-2)Approved 01/25/1994 R-7.5 R-10 / AG-2 ,- 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 Evaluation & Recommendation The addition of the warehouse to the existing operation aligns with the policies set forth in the Comprehensive Plan for the Special Economic Growth Area 3—South Oceana.The policies recommend non-residential uses that are consistent with the City's AICUZ provisions and the Oceana Land Use Compatibility Program and specifically light industrial uses within the eastern portion of the SEGA. The proposed uses are deemed compatible within the 70—75 dB Ldn noise zone and are compatible with surrounding uses,thereby passing this test. The future uses envisioned by the Virginia Beach Development Authority for Corporate Landing align with the permitted uses identified in the proffer agreement for the entire property. The residential character of the existing sales and service building will remain unchanged and the exterior of the new warehouse building has been upgraded from the initial submission to complement the existing structure. The warehouse will have space dedicated for the indoor storage of several limousines resulting in a more organized site layout, as the large vehicles are often stored by overlapping parking spaces. Finally, any increase in the number of vehicle trips is expected to be negligible, as the warehouse will primarily serve the storage needs of the existing appliance sales and service business. Based on these considerations, Staff recommends approval of both the Modification of Proffers and the Conditional Rezoning. Proffers for Dr. Johnny's Site & Expansion 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. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 3 Proffer 1: When Parcel A is developed, it shall be developed substantially as shown on the Sheet C200(Layout Plan)of that certain concept plan entitled "DR.JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions, dated October 4, 2019,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Proffer 2: The site design of Parcels B and C,as identified on the Layout Plan, shall be in substantial conformance with the Layout Plan. Proffer 3: Parcels A, B,and C(collectively,the"Property") shall be landscaped substantially as shown on Sheet C500(Landscape Plan) and Sheet C501(Landscape Details)of that certain site plan entitled "DR.JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions,dated October 4,2019,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Required landscaping shall also include all plantings on Parcels B and C that were installed per applicable City ordinances including but not limited to interior parking lot landscaping, streetscape landscaping and foundation plantings Proffer 4: Vehicular access to the Property shall be in substantial conformance as depicted on the Layout Plan as a shared,single ingress/egress point along General Booth Boulevard. Proffer 5: When Parcel A is developed,the exterior building materials,architectural design, appearance and height shall be substantially as shown on the renderings, consisting of 4 pages entitled: "Dr.Johnny's Appliances East Elevation 09/04/2019", "Dr.Johnny's Appliances West Elevation 09/04/2019", "Dr.Johnny's Appliances South Elevation 09/04/2019" and"Dr.Johnny's Appliances North Elevation 09/04/2019", prepared by Land Planning Solutions, dated September 4, 2019,all of which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. Proffer 6: For Parcels B and C,the building elevations,architectural design, building materials,appearance and height of one-story building shall be substantially as shown on the photos identified as Exhibits P-1 through P-8,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department Proffer 7: Freestanding signage shall be of a monument design with a brick base and internally lighted as depicted on the photo entitled "Frontage-Sign" and "Frontage-Sign 2"which have been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Proffer 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Proffer 9: Exterior storage of any materials, motor vehicles,or equipment shall be prohibited. Proffer 10: The use of fencing on the Property,other than to screen dumpster and trash receptacle areas as required,shall be prohibited. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 4 Proffer 11: The following uses shall be the only uses permitted on Parcel B and Parcel C relating to the current B-2 Business District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel B and Parcel C. a) Bakeries,confectionaries,and delicatessens, provided that products prepared or processed on the premises shall be sold only by retail and only on the premises. b) Business studios,offices, and clinics. c) Communication towers and temporary communication towers. d) Daycare centers and child care education centers. e) Drugstores, beauty shops and barbershops and other personal service establishments. f) Eating and drinking establishments without drive-through windows, except as specified in the Zoning Ordinance. g) Financial institutions. h) Florists,gift shops, and stationery stores. i) Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines;carpet and linoleum laying;tile setting, sign shops and other small service businesses. j) Grocery stores,carry-out food stores,and convenience stores in a structure with a gross floor area of less than five thousand (5,000)square feet. k) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices. I) Laundry and dry cleaning agencies. m) Medical and dental offices and clinics. n) Museums and art galleries. o) Newspaper printing and publishing,job and commercial printing. p) Personal service establishments, other than those listed separately. q) Public utilities installations and substations, including offices. r) Repair and sales for radio and television and other household appliances and small business machines. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 5 s) Retail establishments,other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. t) Specialty shops. u) Storage garages. v) Veterinary establishments and commercial kennels, provided that all animals shall be kept in sound-proofed, air-conditioned buildings. w) Wind energy conversion systems, roof mounted. x) Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clear incidental and subordinate to principle uses on the premises in accordance with the Virginia Beach Zoning Ordinance. Proffer 12: The following uses shall be the only uses permitted on Parcel A relating to the current I-1 Light Industrial District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel A. (a) Building-mounted antennas meeting the requirements of section 207. (b) Business, medical,financial, nonprofit, professional and similar office buildings. (c) Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207. (d) Eating and drinking establishments. (e) Establishments such as linen suppliers,freight movers,communication services and canteen services. (f) Establishments which deliver merchandise in bulk or by truck or van. (g) Indoor storage of motor vehicles. (h) Fiber-optics transmission facilities meeting the requirements of section 233.15. (i) Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing,storage and distribution;(ii) petroleum processing;(iii) processing or outside storage of salvage,scrap or junk. (j) Motion picture studios. (k) Printing, lithographic or publishing establishments. (I) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted;and provided further,that utilities substations,other than individual transformers,shall be surrounded by Category VI screening solid, except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 6 (m) Recreational facilities other than those of an outdoor nature. (n) Repair establishments; provided that no outside storage is included (excluding mobile operative equipment). (o) Small wireless facilities meeting the requirements of section 207. (p) Vocational,technical, industrial and trade schools. (q) Wholesaling,warehousing,storage or distribution establishments. (r) Wind energy conversion systems, roof-mounted. 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. Mod of Proffers - Corporate Landing Business Park 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: Parcel A (consisting of approximately 0.21 acre) and Parcel B (consisting of approximately 0.52 acre) shall be removed from the Corporate Landing Business Park Proffers. The remainder of the Authority Parcel shall remain subject to the Corporate Landing Business Park Proffers,which remain in full force and effect. Staff Comments:Staff has reviewed the Proffer listed above and finds it acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The majority of the Corporate Landing Business Park property is identified in the Comprehensive Plan as being located within the Special Economic Growth Area (SEGA)3—South Oceana. Industrially and commercially-zoned parcels both within and immediately adjacent to the Corporate Landing Business Park take cues from the design principles and vision outlined in the Economic Vitality chapter of the Comprehensive Plan,and specifically the recommended policies for the SEGA 3.The SEGAs are one of several areas targeted to accommodate the city's long-term economic development. It is the stated desire in the Comprehensive Plan to direct the majority of the city's future growth and development(or redevelopment) into these areas in a manner consistent with the adopted plans, policies,and design guidelines. Specifically,the SEGA 3 policies recommend non-residential uses that align with the City's AICUZ provisions and the Oceana Land Use Compatibility Program and specifically identify light industrial uses as acceptable within the eastern portion of the SEGA. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 7 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed.There do not appear to be any significant cultural resources associated with the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 31,079 ADT' 32,500 ADT1(LOS°"C") Existing Zoning2— 402 ADT Proposed Zoning3—674 ADT lAverage Daily Trips 2 as defined by a typical retail 3 as defined by a typical retail °LOS=Level of Service business on 0.73 acres business on 1.23 acres Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is considered an access controlled,four-lane divided major suburban arterial. The existing roadway pavement is within the approximately 110-foot wide right-of-way.The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There are no roadway CIP projects slated for this area of General Booth Boulevard.Currently,this segment of the roadway is functioning at Level of Service C. Public Utility Impacts Water This site is currently connected to City water.An additional water service connection may be required. There is an existing 20-inch City water transmission main along General Booth Boulevard. Sewer The site is currently connected to the HRSD force main via a private grinder pump and force main.An additional sanitary sewer service connection may be required.There is an existing 30-inch HRSD sanitary sewer force main along General Booth Boulevard. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28,2021. • 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 July 8,2021. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 8 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1, 2021 and August 8, 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 August 2, 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 August 13, 2021. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 9 Survey— Dr. Johnny's Site 4i;v OF V:,+�IPjNii B •r.-. NOW OR fORNEA_Y Iit.�T.L'.'*MEN AU"a~�R" CITY OF VIRGINIA BEACH R ;D,W, OF DEVELOPMENT AUTHORITY N ,,.� 7s PARCEL. 3 .A--..S RESIDUAL PARCEL 3—A-4 N 3461.00166 F 42.212.31E 34 ..i.F 9.^.':K :s14. - •W AREA • 6.756,787 SO 71. OR T55.160 ACRES /E '7.712,429_31 LIPS - N47•42'461 - - _ 15 .00' _ - 'IP5 o�'y PROPOSED u,,n. •.4 i ` 4Lc ROPOSCD AI 4-,.. VPROPERTT LINE ,ION +.:f-F;91AEN PERTY LWP ,a I PARCEL 3—A—a 1 41P 1$ '. a�,,. .n1 11 ACRE C. 4T ��d o`Y 1 I � 5' DRAINAGE 6. UTI,TY ERLSEYENT UNE 1 9 YAP NOOK 71 AT PRIX 7 7.2151:57 65�'Y(f 6.`fittEIK81'YAGATEO4..n; tT .177m/,'FFTI /77f :1 110$114 el R r•R14 q AU•Sr IIO.rt.OR ant sags I %a. C4 P.9M;OILY IY �J4GiN 3:A:.;. j `•� VIRGINIA B:cv I)riT-1.6'PME(r At HC•RI., ; _ . �L.cL:.,l'�i l• ,.u1�I..R;;, 1F(I v f CF A. OT"— 1 fr`i NGY GR�T..t•"191EILY A_ r _ RELDKL,L .. I �'RCS.. 3--A--3 ARo 3--t5- i d-IiiN L.. CLI /ON SI, 1 16 n .,.' •3 .. •--. NWT:34 36 I r too. Be:x. 3rN A' patx3 5»-SC I ct 1^TEC4 4 A I P49 7E �,:93�#1+u AI PARSE ,-6:+ 9306 2313 Al'AGE •460 All 7XE: 9=1. • 7261 AT PAGE..1 2415-11-2797 PR�R- 1,a?:.'R�11014 Off 2415-11,2n97 NOW OR FORMER+.+' L. C:�.. A =I M7R OR TORYERtY CITY OF VIRGINIA BEACH It, ' B;.a 71 A+ PAGE 7 RI CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY I NAP Butt IRE A: PARSE ;e ""'r DEVELOPMENT AUTHORITY RESIDUAL PARCEL 3—A-4 RESIDUAL PARCEL 3—A-4 µ 4pEA-6.7S61E) SO n CAL •S5.160 ACRES v E)ISTING GOADING u AREA-6.7517157 SC FT OR INS.16G ACRES 01 1g F-1v IF --I L 5. MAP' GE •7 7 rwucE 7 EASEMENT I 1 vRITI Or'PLATED I�-- -- - -- --r11 20'VEPCO EASEMENT se YAP 500K 166 AT PAGE 16 Aty461 DEED BO06 2261 A'PACE 33 r -11 � l • I - II LRH 1 rrF 1 \ j I No I3. IRAIX6-463100' a [�kO PIGH1-ot-WAY J LENGTH-150.0V AS SHOWN A DELTA-r51'19' YAP BOOK +66 AT PAGE 1L TANGENT-75.o1' 1 _�� 34FO B001K 2261 AT PAGt 33 CHORD-150.00' V Cl.ORO BEARING-s.r5r1/V 4000-* PERMANENT DRAINAGE EASEMENT TC KONDON DPOGE ROA: MAP BOOK 166 AT.AGE 16 RER AL BOOTH �•ARD DEED HOOK 2261 AT PROF 33 Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 10 Proffered Exhibit ifr G 6 ' � 36A Q 1 GPI 4�5-�12-3535 CITY OF VIRG/NIA BEACH 4. DEVELOPMENT AUTHORITY at (SEE SHEET 1 FOR ALL DEED 40 REFERENCES) (PLAT WST. 20120418000423240) (6,285,465 S.F. / 144.294 ACRES) i0,892.52 12,296.88 IRF IN CONC RS "pro wog'pimp .. e. V V V V V m 4111,A®� AREA B u��1 &W W SEE LEGEND _115 �- v v v v v ri A 1.01 I 6.0.0.1111P1 I - -S-4F4246*-W ...._ _ YVV V V V 0 `si N/F V V VN/F V V • 3 PARCEL A-1 GP/N:2415-20 4838 L lc, LYNN-LYNNE, LLC 77 AREA A ' V (DEED INST 20090410000383060) Ty '" c (DEED INST. 20030528000823230) SEE LEGEND IllO `" z (D.9. 4122, PG. 1767) Z V(PIA,-HST.. 2M20418r o42324DJ (PLAT INST. 20030 4 1 4 005 7260) 6TB5,465 SF. / 144.294 ACRES) (30 648 S.F. /0.704 ACRE) V 4SEMENT +$' v 2 G' VEPCO EASEMENT 'G. 17.57) A R EA C V V .B. '1 , PG�i 57) '-'G. 51) SEE LEGEND (M.B. 74, PG. 61) it 20' VEPCO EASEMENT 7 \7 \7 \7 V WIDTH RIGHT I i (D.B. 2251, PG. 33) ✓AHAB/F W1DIH .H1GHl 7ESER✓ATION i (MIA !166, PG'. 16) OF Y RF AT10 6, PG. 80) -" —-— V V ( 215. P . 80, - - i 7 c / -7-N7 - V TObCO --4 )MD—�M �s—r�� V 4920 W LAVCIN NO INGRESS/EGRESS EASEMENT 1' NO INGRESS/EGRESS EASEMENT CMS 3, (MR. 216, PG. 80) (M.B. 216, PG. 80) E' 1: GENERAL BOOTH BLVD (VARIABLE W/DTH PUBLIC R.O.W.) (M.B. 174, PC. 61) (M.B. 166, PG. 16) PC (D.B. 2261, PG. 33) BE Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 11 Proposed Site Layout s fry_e_inyvis - - — - - r ---- -- - sssfa�s�.M a i i r"-- , _r- %Cr I ! + ■ R.„.T'I:FE r.,,, 0 titt•toks awl n-iv[i i i I 1:11 i i a aterat rO) r IL-I--..eiriaTrify Ili w r--Fsset. "..(3) i-WOW I ..�,�..., C I wools $ • u _ I PARITL A-I teCtINI!' r �'a I vet 1011.-IP.P1 II '11 5 le rJ siumni m.� ci ( pi 1 .m I! II grArAw IF4 I i I ( 11 1 1--1 I— IN ,-- i (t� J IJ__ • I• ,r ! rs 110.-40 fen ir rl 1 , '. .1.ND 11101113I/E011138 MOM s / ''----- ^r F1rI_ it l h, :ss.. aa�acaaa— — �-- as scams a i� '--- _�_- a. alliSII J • 1__ /� �e rc w f I r'�r rrwr r � — �. ar— s yes�� ! ! ,' sA. �oovL . --" "`----- �`--.: ----- uc var-1 J (iLNLRAL BOO7`II BOULEVARD sQ • as MIL MY le i / Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 12 Proposed Landscape Plan 1 , r i Y b2) i • b I�3 0 1 1 I ! ��yI1 I b W 1 .,4... 4 b ' i — Qpt a .Z Z I 21 3 � I 1 t ! 3 I iI1i i* p.4 0 �I~ 2 ' „ ,kb, 10 . �$ v.'s tI ' i 1 �. i! l ! 5 EET1 ` 111 o t. 11 ?1,,' : P- 1 : - i 1 5 1 1l 1 t"NO I.::. 2, • • , pillil . ..i111 iI,I V__-._-7_—,-1 —f,.r...—_-AI,I1Ni1ii I1,1in 11.1l1'.l 111_1,,,; - �+s�� . LJ I ll'��1t Cv . r ---- _'it„4r\,,i_ :1i1.—.:,,._- 1 j —, 1 , ' ' , i i 1 1 lim— 1 L Liam I 't ,qi 41,i1Ii Y - 1111 ,ili' I I, __----ov •a II t _J.01.3i- I 1 I k II R i 4 )y� i 4. 0 Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 13 Existing Sales & Service Building EXHIBIT P-4 FRONT VIEW FROM GENERAL BOOTH K T }, .X t • 4,} F • - --�. \R P L F APPLIANCES • 7tTT7 Z • 1 s - _ • _c) :i1 s ' ' ` y-- .' s sue, _ _ . r • f4.t2" Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 14 Proposed Building Elevations .. ,., , ,:•._-.-_, _ .,._ .. , . ....... ..... . -.- -.10 4-:' - -- -- • l'ulhr lic,101,,121-l'Inc]It‘,,,1— -• ..?Ii- .4!: .!LVa..a.. ' • a .s ..•4'Llit"..?*-1,- C.."--.. ., -a . A.,:',.;_.•••••....\''•-,j,,W.'-;;,•;e-, ,:...- W.°-:111-:..... --i.,,'4.-' NJ .. - ...es- ••••••:-t' --.r.i. •, • ' - ;- -- :.----v ... , '.•,- ..-. 4.,„)•%. 4--'..--17:-.7---1, : -: --•.-- ":.,`-;7•104-, .-:ii,i;' '-', w:— II II •*Law JIM . T 4- .2rx•-• • . '1.igli Pt.. .... • — ----1-k ' \ ' \- t-lc Wndt,t . . , _... ......._... . . .., ,.. -,,-. ... . , \ Split face block on all four si. • -.....,.., .... - - . Painted MoiaNe Sunset to match cxrwirip .,.... . .... • „, . ., . - Paint,:ki Ruin R.usul ... • .. .•...-- , ' Dr. Johnny's Appliances ‘_,-., :,..-.T.:.::,-:.L,,,,-44-,,,,:-.;_, -, :..-.----..-_,.„' .:,•.',-,::-:::,-4Tv::..li.=,---...,,-.;-_,,,,,,:_._,,t-z.-i„,.;:-... ..., ..,....r.,._ . . . , .;-, I 1)5-, East Elevation 09/04/2019 -'i'--';L7--IT.---i-v-•;-Ti'' ''' ;* N.-4.,:?'-•7:;t';',z-A'-'-,'t.'--:::'-_,-%.--_:---,--'•,iz--,..-.-.?-,*4---T4- --..-,---i----,:r::;-r-..:7*,:--: - i.r----- - , ., Purlin Hearing Rib Panel Roof 1.L :'. - Painted Niotave SSupnisiettft'O'embalrehkeoxnistailnigfobuurilsdiidneps False Windows .t.. ' '. -... -114,-4.14,...4,'ir'4,',,t,,, - '''.,,.„. - w, :•;:... .' 17114ar . . '-',Iit " • ).e6Ir l'killirt', . L'• -f(`'• - . I ..._.1. , ... ... _,... _., 4,1 Split face Mock on all four sides - - Pativet.1 Ruin Raisin Dr. Johnny's Appliances . ' North Elevation 09/04/2019 . -.-.*: S kne,g,by Land PlannIng Nelu ion,If, - . - . . . . Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 &3 Page 15 Proposed Building Elevations Dr. Johnny's Appliances min----Pwr South Elevation 09/04/2019 -...I,� '! S a - "!,e4 yl jat e-- eti.y r`q:, L. :�L _-c , , I t . ilb _It..., A t r• • \ 1 1 , .-.....iita i \\ Split face block on all four sides �-"` :. Painted Mojave Sunset to match existing building -- Split face block on all four sides Painted Rum Raisin LI'S Dr. Johnny's Appliances .--a West Elevation 09/04/2019 "it `�rf't• ky i•'k t jt .7'''' IP. -tin• Y' '` ;t,� Y...... 1 :S `"4..� RN Purim Bearing Rib Panel Root :•'."'ti • - '� ',: •• Yam. . _ +may �.r I i- Split fate block on all four sides _ .-"'-".-_.,--------:—.1.— i' Paint•d Mow a Sunset to match existing building @'k t "f +v-b lace bloc•l un aF.il _ a ". .Split y • Lj,si Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 &3 Page 16 Existing Freestanding Sign FRONTAGE-SIGN '� r s * { DR. JOHNNY'S • APPLIANCES w 757 . 430 . 7628 ,r,, l .- _ .- TC , at.y{.t.--Y. Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 & 3 Page 17 Site Photos , . ---------------:.................r..••.''r';,-J-,-- . '":-,At 4#7. '.0.-'-i,' s_ %1 �• !gi ` . INN ;' R- •ram ► ' _ ' NM aw j 10, r• - ~ F ' 1 t j et_. M Ah . ' I'.- — -' _-.—t` "�-" ' ,� '—�--- --+—,.. 1 I .,`..s`5 R .-' ti"'t .. ---_ ,. .401101111111.. 47 - .-•, Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 & 3 Page 18 Site Photos ti i� a : fU:',"'. ., vbe cif,•` y� L roe.. = ,. .. y am.• y -� ".-- ..rp.,............:...,.. _,, ".ems— -- -- Fes..• ' i`_.AF � - f .�.... f 1. t.„,..•-i,40. 4:-., - -:":P"'A'. ‘,-,-.. t-' '*, ..K.,...._,-,.; „:.4 M d tt �y .} h ..„, ,., . . ... , 4,14 .... .... .. . _ .,:.„ Gam+ 14� - ' - � { . • v ¢ ,. i : • tt Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 19 Disclosure Statement Disclosure StatementNef3 Planning k.Column - Develtipownk 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 The City of Virginia Beach Development Authority. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative_ Officeof the City Attorney Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • If yes,list:he names of all officers,directors,members,trustees,etc.below. (Attach a lest if necessary: Applicant.s a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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,Oil 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. Fa:tors 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. 1I dKr Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 & 3 Page 20 Disclosure Statement Disclosure Statement Ak3 maiming tit CommuiuiL' 1)e ek nt Known Interest be 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? Apelicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,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 EiNo • 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 ®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 ®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 cotatectionwith the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?O Yes El No • If yes,identify the purchaser and purchaser's service providers. 2 I Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 21 Disclosure Statement Disclosure 1,„4.3 ildiolligg 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 0 No • If yes,identify the construction contractor. WW1 Jordan&Sons has been identified as the general contractor for the project. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any busiress operating or to be operated on the property?®Yes D No • If yes,identify the engineer/surveyor/agent. Kimley Horn has been retained to provide engineering services. 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. Singer Days(Steve Davis;s outside counsel to V6DA) 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 pubic 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 commfftcie in connection with this application. Applicant Signature Print rne and Tide' - //.e .Zv 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. f:.iiC;TiC';C0 sur,_,r h upd:tCaty'o(2)VrLCt(;prbrtoa^,t t'' , to i Jytll1t_l�l_•, s Na changes as o Pau 8/4/2021 "°"" Marchelle L.Coleman 31Pag- Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 22 Disclosure Statement Disclosure Statement 1/13 „lam Planning fi Community - l eveloPmtnit 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. ADOUtant Disclosure Applicant Name l.YNN -1,YNNE,LLC t/a Dr.Johnny's Appliances Does the appicant have•repeea•rrtathre? ■Yea ❑No • If yu,list the name of the representative. John W.Richardson,Attorney et Law Is the'pelmet a corporation,partnership,firm,business,trurt or an unincorporated business?IN Yes ❑No • if yes,list the names of all officers,directors,members,trustees,etc.below.(Attach a list If necessary) John I..Clifton • If yea,Nat the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list If necessary) Clifton Ventures,Inc. *Parent-subsidiary relationship'mere relationship that ussts when one corporation dlrersfy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Goverment Conflict of Interests Act VA.Code§22-3101. :'Affiliated business entity relationship`means"a relationship,other roan parent-suosimary refboronp,that exists when(ii)one business entity has a controlling ownership Interest In the other business entity,Ill)a controlling owner In one entity Is also a controlling owner in the other entity,or OM 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 ere common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or sersonnel on a mauler basis;or there is otherwise a dose worldrs relationship between the entitles."Sec State and Laol Government Conflict of Interests Act,Ve. Code§22-310L linage Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 23 Disclosure Statement Disclosure Statement \i/3 Planning&Comm niiv - .,. Devmlopmeni Known Interest by Public Official or Employee Does an official or employee of the Oty of Virginia Beech have en Interest in the subject land or any proposed developmem contingent on the subject public action?0 Yes rA No • If yea,what is the name of the official or employee and whet is the nature of the Interest? pppllcant Services Disclosure 1. Does the applicant have any elating financing(mortgage,deeds of trust,cos.ccfl IIuflon,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? IN Yes ❑No • If yes,Identify the financial Institutions providing the scrim BUT,now Tnulst Bank 2. Does the applicant have a real estate brokar/agent/raeltor for current and anticipated future sales of the subject property? ❑Yes ®No • Nye;Identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tau returns provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes 't No • if yes,Identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape erchitect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?7 Yes u No • If yea,identify the firm and individual providing the service, land Planning Solutions-Scott D.Stamm S. Is there any other pending or proposed purchaser of the subject property?0 Yes S'No • If yes.Identify the ourduser and ourthasar's service providers. 21Page Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 & 3 Page 24 Disclosure Statement Disclosure Statement \ti3 PLtnning&Community I.kne1opnteni b. Does the applicant have a pnmrructlrn contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yea ■No • If yea,Identify the company and hdlvldwi providing the service, 7. Does the applicant have en 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 IrdMduai providing the service. Land Planning Solutions-Scott D.Stamm 8. Is the applicant receiving Ispl services 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. Wolcott Rivers Gates-John W.Richardson ADoikant 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 far public hearing,I am responsible for updating the Informaron provided herein two weeks prior to the meeting of Planning Commission,City Candi,VBDI`Cam Wetlands board or agpsigc body or committee In connection with thb appgaotlon. 4.11*17,1%,/,,— "-- Print News and IVY John L ClIttoo.Proddost Date ,_/ /at�fJ is the applicant aim the owner of the subject property? ❑Yes E No • If yes,you do rot need to fill out the owner disclosure sMernent. rn - US(ONO"Fb be upd,r:ed uv+u(21 v.r i,,prv:'to.r,i f''an^r rn-rrtn:;u r end Guy council meeting th,.1„ lOW drawn al Clute 8/4/2021 wow. heaaano M rcThelle L.Coleman Wage Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 25 Disclosure Statement Disclosure Statement i'nyN 5'v-•M.+ ., .. Planning&CI MIMInity Development Owner Disclosure owner Name LYNN-LYNNE,LLC Applicant Name LYNN -LYNNE,LLC t/a Dr.Johnny's Appliances k the Owner a eaporatton,prtnernMD,firm business,that or an unincorporated btalnaw?I Yes 0 No • if yea,list the names of ell officers,directors,members,trustees,etc below.(Attache list If necessary) John L Clifton,sole member • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attath a list if necessary) Clifton Ventures,Inc.t/a Dr.Johnny's Appliances Known Interest by Public Official or Emniovee Does an official or employee of the City of Virginia Beads have en Interest In the subject land or any proposed development contingent on the subject public action?❑Yet ■No • If yes,whet Is the name of the offldal or employee end what Is the Mum of the Interest? s'Parent-subsidiary relationship'means'a relationship that exists when one corporation direcdyor Indirectly owns shares possessing more then 50 percent of the voting power of another corporation.'See State and Loral Government Conflict of Interests Act,VA.Code!i 2.2-310L r Affiliated business entity relationship"means"a reiationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest In the othe'business entity,(li)a controlling owner In one entity Is also a controlling owner in the other entity,or(ill)there Is shared management or control between the business amities. Felon that should be considered In determining the existence of en affiliated business entity relationship Indude 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,Vs. Code§2.2-310L SlPage Virginia Beach Development Authority & Lynn-Lynne, LLC Agenda Items 2 & 3 Page 26 Disclosure Statement Disclosure Statement \43 Planning&Community I'tevt opment _.. mot. Owner Services Disclosure 1. Does the Owner have any misting financing(mortgage:deeds at trust,aoss,cogIanitrrtion,etc)or are they considering any flnandng in connection with the subject of the application or any business operating or to be operated on the property? E Yes ❑No • *yes,Identify the financial institutions providing the service. BB&T now Trulst Bank 2. Does the Owner have a real estate broker/agsnt/realtor for current and antltipated future sales of the subject property? ❑Yes E:No • If yes,Identify the company end Individual providing the service. 3. Does the Owner have services for aerating_yior pr•n•.athsn of tax returns provided in correction with the subject of the appliatlon or any business operating or to be operated on the property?❑Yes r NO • It yes,Identify the firm and Individual providing the service. 4. Does the Owner have services from an ardrkaet/landsape architact/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I' Yes ❑NO • If yes,identify the firm and Individual providing the service. Land Planning Solutions-Scott D.Stamm 5. Is there any other pending or proposed purchaser of the subject property?❑Yes t No • fives,Identify the purchaser and purchaser's service provider& 6. Does the Owner have a construction contractor In connection with the sublett of the application or any business operating or to be operated on the property?❑Yes !r 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 a any business opening or to be operated on the property? "Yes ❑No • if yes,Identify the firm and Individual providing the service. Land Planning Solutions-Soott D.Stamm 61Page Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 27 Disclosure Statement Disclosure Statement _ Punning&Commit nit y Developmmt 8. is the Owner receiving legal seniors in connection with the subject of the application or any business operating or to be operated on the property?•Yes 0 No • If yea,Identify the firm and Individual providing legal the service. Wolcott Rivers Gates-John W.Richardson Owner Signature I certify that all of the Information contained in this Disclosure Statement Form Is complete true,and aocurete. I understand that upon receipt of notification that tilt application has been scheduled for public hearing,I am responsible for updating the Information provided herein twawsalrs prior to the meeting of Planning Commission,City Coyne%VBDA,CPA Wetlands Board or any pablk body or committee b ammeetien with this appgatlon. c Owner Print Name and fltle John L Clifton,Sole Member Dote r 1t.o/Is,+i p Cis 7IPage Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 28 Disclosure Statement Virginia Beach Development Authority Membership • Lisa Murphy, Chair • Joseph E. Strange. Vice Chair • David L. Bernd • Dr. Wiliam Brown • William Brunke • Nneka Chiazor • W.Taylor Franklin • Penny Morgan • Michael J. Standing • Guenter H. Weissenseel • Dorothy L. Wood Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2 & 3 Page 29 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. Virginia Beach Development Authority& Lynn-Lynne, LLC Agenda Items 2&3 Page 30 04'> et U : /� t, � Ufa E. CITY OF VIRGINIA BEACH * = °'`a,' INTER-OFFICE CORRESPONDENCE i � �- / 8 Dp DUR^ LS`ONS In Reply Refer To Our File No. DF-10577 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 3 DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority and Lynn-Lynne, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated June 24, 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/ka Enclosure cc: Nancy Bloom Prepared by: John W. Richardson, Esq. (VSB 16079) 200 Bendix Road, Suite 300 Virginia Beach, VA 23452 THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia AND LYNN-LYNNE, LLC, a Virginia limited liability company (d/b/a Dr. Johnny's Appliances) To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 47day of JLu/7e, , 2021, by and between THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), Grantor for indexing purposes; and LYNN-LYNNE, LLC, a Virginia limited liability company (d/b/a Dr. Johnny's Appliances) (the "Owner"), Grantor for indexing purposes; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), Grantee for indexing purposes. WITNESSETH: WHEREAS, the Owner acquired approximately 0.494 acre of land by Deed dated August 2, 1999, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (the "Clerk's Office") in Deed Book 4122, at Page 1767, and depicted as Area C on that certain exhibit entitled "DR. Johnny's Appliances 1941 General Booth Boulevard Virginia Beach, Virginia", dated December 3, 2018, prepared by Kimley-Horn and Associates, attached hereto as Exhibit A (hereinafter referred to as "Parcel C"); and WHEREAS, the Owner acquired approximately 0.21 acre of land from the Authority by Deed dated May 9, 2003, and recorded in the Clerk's Office as Instrument No. 200305280082323, and depicted as Area B on said Exhibit A (hereinafter referred to as "Parcel B"); and WHEREAS, Parcel C and Parcel B were combined into one parcel (currently identified as GPIN: 2415-20-4838) by resubdivision plat recorded in the Clerk's Office as Instrument Number 200304140057260; and GPINs: 2415-20-4838 and 2415-12-2650 1 WHEREAS, the Authority is the owner of a parcel of land located in the Corporate Landing Business Park, consisting of approximately 133 acres, and designated as GPIN: 2415-12-2650 (the "Authority Parcel") WHEREAS, the Owner has now contracted to purchase an approximately 0.52 acre portion of the Authority Parcel, and depicted as Area A on Exhibit A attached hereto (hereinafter referred to as "Parcel A", and together with Parcel B and Parcel C, collectively referred to as the "Property"); and WHEREAS, as a part of the previous sale of Parcel B to the Owner, the Authority agreed to release Parcel B from the Corporate Landing Business Park Proffers, recorded in the Clerk's Office in Deed Book 3633, Page 0774 and dated January 16, 1996, as amended from time to time (the "Corporate Landing Business Park Proffers"); however, for reasons unknown to the parties, Parcel B was never released; and WHEREAS, the parties now desire to release Parcel B (as previously agreed) and Parcel A from the Corporate Landing Business Park Proffers; and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Authority and the Owner acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Authority's rezoning application gives rise; and WHEREAS, the Authority and the Owner do hereby voluntarily release Parcel A and Parcel B (a portion of the Property), from the terms and conditions of the Corporate Landing Business Park Proffers. NOW, THEREFORE, the Authority and the Owner, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City 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 Property and hereby covenants and agrees that this declaration 2 shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Authority, its successors and assigns, grantees, and other successors in interest or title: 1 . Parcel A (consisting of approximately 0.21 acre) and Parcel B (consisting of approximately 0.52 acre) shall be removed from the Corporate Landing Business Park Proffers. The remainder of the Authority Parcel shall remain subject to the Corporate Landing Business Park Proffers, which remain in full force and effect. The above condition, having been proffered by the Authority and the Owner, and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Authority and Owner covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Authority shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Authority, the Owner and the City. WITNESS the following signatures and seals: Authority: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of V ginia By: (SEAL) Name: L( V` r Title: Chair / Vice Chair Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this aZ.C-hday of ►'J�i , 20 I , by Li5 a M . M u rp h y , Chair / lice Chair of City of Virginia Beach Development Authority, Grantor, on_l behalf. NOTARY UBLIC ` ee"'',• My Commission Expires: /6 3 02/ 5. LNG My Registration Number: �PPua��•. U •O t3g�a S� APPROVED AS TO LEGAL :Z �JgA6� :6( SUFFICIENCY: ,,°0' • ..... •-• " ti10MNF•�' .• i'r"eeeeet10- City Attorney 4 Owner: LYNN-LYNNE, LLC, a Virginia limited liability company B : C\; �L. v Name: John L. Clifton Title: V"lQN. c 'C COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was sworn to, subscribed and acknowledged before me this �29aay of n e- , 20 a -/, by John L. Clifton, as /l4a/7a9.pr , of Lynn-Lynne, LLC, a Virginia limited liability com any, on its behalf. Th6 said John L. Clifton is a y n , or has produce sufficient identification. 4 ).-kir/' NOTA Y PUBLIC My Commission Expires: /,' 3//ate ••' L\NG 4 6 `s My Registration Number: / <f Y `':•�e►is '••. 'y'; ••S 5 LEGEND A DR. Johnny's AREIr...Hrl^xTrTA"BILEN ift*":01 I u•a.dTNomarwl mt,... I vI ^'ITATEI NpR1019� Appliances A iliR YW'101:I fC't,1 W ANCRr,TE A MAID f fAucEs I!�v v a M CNOAPeRTO3P.RCEI �_...•.." N V VI ...CAN.TI6@XI:OW LY41GrnriMlBwf66oulzrnrd REL1wEn OUT of CORPauT E if L. :r..ha. LMxo•n sLplNeac vulR VirKlniu Brach,Virginal moo/ -aiikiEN3 P RcuDPx rlsaR.neaoo i'e� «.".n` 'm..N , •�• AREA B 1rja uus wu.a..-an�". V110,C.COlarrgNK NNNq I¢ T FF Dy y�,,,,r MteW �'y�L7� t• a PIgEEER3:01T1Qq 0f L.,Llo.Ipon PrwceL A, . I.®Pi I • rORPM•TE IwI1dMONMWEsO TOTAL AREA PARCEL•rII1 uO• r Illa • : a PMMOENIO•PMLT OF PMCLI Mt, PB NIE11,4rr1Y 1r Pl./NLr1,•Ls i a WriNFAMN,DIERtYWIO J OUT Of v TE`"�� AREA A&B AI A awe r a NOOIFICATONOF CONDITIONS TO A PORTION V VNOTEARF.OANL CUINLY Of PMC4M1O M NO.NONIWW0W AND WEV LE'r=VO •fA0"EO•YYNw L. YfU: RPOIITONL7f PARCEL AA. AREAS . - PMI Of PARCEL A-1 Sr rDNY1WG a A imAL o ri fir �M� 'i V 0 Q V V II�v.�e q�.Y WSTRONENT NO.:00.1HW6]300 •w.•N ANO RM.➢EO IN THE CITY Of V V V V V _ _ kue.1P;.•r plp a! VIRGINIA BEACH CLEANS OFFICE ON 0 V' V V V 1 X.. YJ YI 081.003 �� dWlb11 1CO t N CAREAA7 V4eLc. rrMP��.LL1 CIS V •P.E LEGEND 5 a a _ L RN. ` 3'b�v -I AREA C p �:C,: 1i V.v v.bono � , . = - : : _ .' P!lPIIEIlM PMIMM • 1.R••"•_ GIEIST NI.BOOTH BLVD ••,r ninesn ma e "�nw vows - - - i r�P it Pc i0 N!GPI"NC t �' } E1001E1 _-7- _--, _—:-a r, - -„.- a _ f— - _ _ -- -: VICINITY MAP Kimley) Horn GPN WILE r•tr•r , „ � I I I EXHIBIT A N. December 3 2018 Wolcott I Rivers I Gates ATTORNEYS AT LAW LEGAL DESCRIPTION (GPIN: 2415-20-4838) ALL THAT certain lot, piece or parcel of land lying, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, known and designated as Parcel A-1 on that certain plat entitled: "PARCEL A-1 BEING A RESUBDIVISION OF PROPERTY OF JOHN L. CLIFTON AND THOMASA A. CLIFTON AS DESCRIBED IN DEED BOOK 4122, AT PAGE 1767 AND PARCEL 3-A-3 CORPORATE LANDING AS SHOWN IN MAP BOOK 304 AT PAGES 34 TRHOUGH 36 FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, VIRGINIA BEACH, VIRGINIA" which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 200304140057260. Hampton Roads Richmond 200 Bendix Road,Suite 300 919 E.Main Street,Suite 2010 Virginia Beach,VA 23452 Richmond,VA 23219 LEGAL DESCRIPTION (GPIN: 2415-12-2650) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL 3-A-6B", as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL 3-A-6A CORPORATE LANDING (PLAT INST. 20120418000423240) VIRGINIA BEACH, VA 01-28-2019", prepared by MidAtlantic Surveying and Land Design, which plat is duly recorded in the Clerk's Office as Instrument No. 20190405000270640,reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, as follows: a) By deed dated December 6, 1989, from Doustan Partnership, a Virginia limited partnership, and recorded in the Clerk's Office in Deed Book 2877, at page 472; b) By deed dated July 20, 1990, from Guy O. & Peggy W. Ailstock, and recorded in the Clerk's Office in Deed Book 2926, at page 1111. c) By deed dated December 6, 1989, from E.S.G. Enterprises, Inc., a Virginia corporation, and recorded in the Clerk's Office in Deed Book 2877, at page 476; d) By deed dated July 9, 1990, from E.S.G. Enterprises, Inc., a Virginia corporation, and recorded in the Clerk's Office in Deed Book 2925, at page 1554. e) By deed dated July 20, 1990, from John M. Steadman and Eileen W. Steadman, husband and wife, and Mark E. Slaughter, as Trustee, and recorded in the Clerk's Office in Deed Book 2926, at page 1114; f) By deed dated June 1, 1988, from Robert W. White, and recorded in the Clerk's Office in Deed Book 2744, at page 749; g) By deed dated June 1, 1988, from Robert W. White, as Trustee of Trust A and Trust B, and recorded in the Clerk's Office in Deed Book 2744, at page 751, and re-recorded in Deed Book 2757, at page 1003; h) By deed dated June 1, 1988, from Robert W. White, and recorded in the Clerk's Office in Deed Book 2744, at page 726; i) By deed dated June 1, 1988, from Robert W. White,Jr., and recorded in the Clerk's Office in Deed Book 2744, at page 728; 1 j) By deed dated June 1, 1988, from Kathryn W. Utley (formerly Kathryn L. White)and Jefferson Utley,her husband,and recorded in the Clerk's Office in Deed Book 2744, at page 730; k) By deed dated June 1, 1988, from Elizabeth Hope White, and recorded in the Clerk's Office in Deed Book 2744, at page 732; 1) By deed dated June 1, 1988, from Richard Lloyd White, and recorded in the Clerk's Office in Deed Book 2744, at page 737, and re-recorded in Deed Book 2786, at page 1988; and m) By deed dated June 1, 1988, from Margaret Lynn White, and recorded in the Clerk's Office in Deed Book 2744, at page 735, and re-recorded in Deed Book 2784, at page 575. 2 Prepared by: John W. Richardson, Esq. (VSB 16079) 200 Bendix Road, Suite 300 Virginia Beach,VA 23452 LYNN-LYNNE, LLC, a Virginia limited liability company, AND THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT is made this7"&day of � tit , 20 21, by and between LYNN-LYNNE, LLC, a Virginia limited liability company (d/b/a Dr. Johnny's Appliances) ("Applicant"), for recording purposes Grantor; the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Authority"), for recording purposes Grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), for recording purposes Grantee. WITNESSETH: WHEREAS, the Owner acquired approximately 0.494 acre of land by Deed dated August 2, 1999, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (the "Clerk's Office") in Deed Book 4122, at Page 1767, and depicted as AREA C on that certain exhibit entitled "DR. Johnny's Appliances 1941 General Booth Boulevard Virginia Beach, Virginia", dated December 3, 2018, prepared by Kimley-Horn and Associates, attached hereto as Exhibit A (hereinafter referred to as "Parcel C"); and WHEREAS, the Owner acquired approximately 0.21 acre of land from the Authority by Deed dated May 9, 2003, and recorded in the Clerk's Office as Instrument No. 200305280082323, and depicted as AREA B on said Exhibit A (hereinafter referred to as "Parcel B"); and WHEREAS, the Authority is the owner of a parcel of property located in the Corporate Landing Business Park, consisting of approximately 133 acres, and designated as GPIN: 2415- 12-2650 (the "Authority Parcel"); and WHEREAS, the Applicant has contracted to purchase an approximately 0.52 acre portion of the Authority Parcel, depicted as AREA A on said Exhibit A (hereinafter referred to as "Parcel A"), (Parcel A, Parcel B and Parcel C, are hereinafter collectively referred to as the "Property"); and GPIN: 2415-20-4838 Part of GPIN: 2415-12-2650 1 v3 WHEREAS, the Applicant has filed an application for Site Plan Approval addressed to the City entitled "Dr. Johnny's Appliances Site Plan" dated October 4, 2019, prepared by Land Planning Solutions (the "Site Plan"); and WHEREAS, Parcel C was previously subjected to those certain proffered covenants, restrictions and conditions dated December 22, 1993, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 3340, Page 0824 (the "Original Proffers") filed in connection with a Conditional Change of Zoning District Classification of B-2 Business District filed by the previous owners of the Property; and WHEREAS, said Original Proffers were previously modified by a certain Modification Agreement dated July 26, 2004, recorded in the Clerk's Office as Instrument No. 200409220151891, and as further described in that certain Ordinance approved by the Council of the City of Virginia Beach, Virginia on September 14, 2004, recorded in the Clerk's Office as Instrument No. 200409220151892 (collectively the"First Modification"). The Original Proffers and the First Modification are hereinafter collectively referred to as the "Proffers"); and WHEREAS, due to an oversight, Parcel B was never included in the Proffers; and WHEREAS, as a part of the acquisition of Parcel A, the Applicant agreed to subject the Property (specifically including Parcel A and Parcel B) to the Proffers, as amended from time to time, and as affirmed and restated herein; and WHEREAS, it is the intention of the parties to subject the Property to the Proffers; and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Applicant acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicant's use of the Property is zoned; and WHEREAS, the Applicant does hereby voluntarily subject Parcel A and Parcel B, as part of the Property, to the terms and conditions of the Proffers, as affirmed and restated herein; and WHEREAS, the following proffers are a restatement of the Proffers, applicable to Parcel B and Parcel C, and newly declared conditions and restrictions applicable to Parcel A. NOW, THEREFORE, the Applicant, for itself, its successors, representatives, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or 2 v3 exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Applicant and Owner, their successors and assigns, grantees, and other successors in interest or title: 1. When Parcel A is developed, it shall be developed substantially as shown on the Sheet C200 (Layout Plan) of that certain concept plan entitled "DR. JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions, dated October 4, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2 The site design of Parcels B and C, as identified on the Layout Plan, shall be in substantial conformance with the Layout Plan. 3. Parcels A, B, and C (collectively, the "Property") shall be landscaped substantially as shown on Sheet C500 (Landscape Plan) and Sheet C501 (Landscape Details) of that certain site plan entitled "DR. JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions, dated October 4, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Required landscaping shall also include all plantings on Parcels B and C that were installed per applicable City ordinances including but not limited to interior parking lot landscaping, streetscape landscaping and foundation plantings. 4. Vehicular access to the Property shall be in substantial conformance as depicted on the Layout Plan as a shared, single ingress/egress point along General Booth Boulevard. 5. When Parcel A is developed, the exterior building materials, architectural design, appearance and height shall be substantially as shown on the renderings, consisting of 4 pages entitled: "Dr. Johnny's Appliances East Elevation 09/04/2019", "Dr. Johnny's Appliances West Elevation 09/04/2019", "Dr. Johnny's Appliances South Elevation 09/04/2019" and "Dr. Johnny's Appliances North Elevation 09/04/2019", prepared by Land Planning Solutions, dated September 4, 2019, all of which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 6. For Parcels B and C, the building elevations, architectural design, building materials, appearance and height of one-story building shall be substantially as shown on the photos identified as Exhibits P-1 through P-8, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 7. Freestanding signage shall be of a monument design with a brick base and internally lighted as depicted on the photo entitled "Frontage-Sign" and "Frontage-Sign 2"which 3 v3 • have been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 9. Exterior storage of any materials, motor vehicles, or equipment shall be prohibited. 10. The use of fencing on the Property, other than to screen dumpster and trash receptacle areas as required, shall be prohibited. 11. The following uses shall be the only uses permitted on Parcel B and Parcel C relating to the current B-2 Business District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel B and Parcel C. a) Bakeries, confectionaries, and delicatessens, provided that products prepared or processed on the premises shall be sold only by retail and only on the premises. b) Business studios, offices, and clinics. c) Communication towers and temporary communication towers. d) Daycare centers and child care education centers. e) Drugstores, beauty shops and barbershops and other personal service establishments. f) Eating and drinking establishments without drive-through windows, except as specified in the Zoning Ordinance. g) Financial institutions. h) Florists, gift shops, and stationery stores. i) Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses. j) Grocery stores, carry-out food stores, and convenience stores in a structure with a gross floor area of less than five thousand (5,000) square feet. k) Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 4 v3 I) Laundry and dry cleaning agencies. m) Medical and dental offices and clinics. n) Museums and art galleries. o) Newspaper printing and publishing, job and commercial printing. p) Personal service establishments, other than those listed separately. q) Public utilities installations and substations, including offices. r) Repair and sales for radio and television and other household appliances and small business machines. s) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. t) Specialty shops. u) Storage garages. v) Veterinary establishments and commercial kennels, provided that all animals shall be kept in sound-proofed, air-conditioned buildings. w) Wind energy conversion systems, roof mounted. x) Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clear incidental and subordinate to principle uses on the premises in accordance with the Virginia Beach Zoning Ordinance. 12. The following uses shall be the only uses permitted on Parcel A relating to the current I-1 Light Industrial District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel A. (a) Building-mounted antennas meeting the requirements of section 207. (b) Business, medical, financial, nonprofit, professional and similar office buildings. (c) Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207. 5 v3 (d) Eating and drinking establishments. (e) Establishments such as linen suppliers, freight movers, communication services and canteen services. (f) Establishments which deliver merchandise in bulk or by truck or van. (g) Indoor storage of motor vehicles. (h) Fiber-optics transmission facilities meeting the requirements of section 233.15. (i) Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk. (j) Motion picture studios. (k) Printing, lithographic or publishing establishments. (I) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided further, that utilities substations, other than individual transformers, shall be surrounded by Category VI screening solid, except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening. (m) Recreational facilities other than those of an outdoor nature. (n) Repair establishments; provided that no outside storage is included(excluding mobile operative equipment). (o) Small wireless facilities meeting the requirements of section 207. (p) Vocational, technical, industrial and trade schools. (q) Wholesaling, warehousing, storage or distribution establishments. (r) Wind energy conversion systems, roof-mounted. The above conditions, having been proffered by the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office, and executed by the record owner of the Property at the time of recordation of such 6 v3 • instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Applicant covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Applicant and Owner shall petition to the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: SIGNATURES ON FOLLOWING PAGES] 7 v3 Owner: LYNN-LYNNE, LLC, a Virginia limited liability company By: L CV, Nahn L. Clifton Title: tPle^,a c-egvi. COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was sworn to, subscribed and acknowledged before me this 'k day of ) vA , 20 2-I , by John L. Clifton, as hc\-uln a i- V , of Lynn-Lynne,;LC, a Virginia limited liability company, on its behalf. The said John L. Clifton is ,/ personally known to me, or has produce sufficient identification. N PUBLI My Commission Expires: ( o I ? I / O 21'1 My Registration Number: -71 I, o Tara Ann Conneen NOTARY PUBLIC REG #7110863 COMMONWEALTH OF VIRGINIA '1Y COMMISSION EXPIRES October 31 21)24 [SIGNATURES ON FOLLOWING PAGE] 8 v3 Authority: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: kec (SEAL) Name: Lt tUrpt Title: Chair/ Vice Chair Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this �✓— day of , 20 X, by L-fsa Ai, Mur'ph , Chair / Vices of City of Virginia Beach Development Authority, Grantor, o its behalf. NOTA PUBLIC // My Commission Expires: __ •,/Z/ .•\'\IS'.1.14 ''• My Registration Number: f \%gyp. . 0 !vc •., APPROVED AS TO LEGAL GC1 6�' : � SUFFICIENCY: ';��•'• ......• --'•,-��MWEP\-\ City Attorney 9 v3 M > LEGENDDR. Johnny's ARE: m,�6:"" 1 IBB:ADaDOERpNAIEDIMGBI Appliances 0 VI MIOiFFRCONpL10W OF ATAINATA 1f7N1 I �% V cOBroanrELAxawO euBweBs 1 RARA BEING A PNti Of PARCEL B R...wN.+- V V I SAM GPM 241SIE4335 TO BE 1941 General Booth Boulevard NMI bow REMOVED OUL OF CORPORATE A•.v LANDN.G Bw NEBs vARB Virginia Biaih,Virginia d4 1 11 �•�— AREA B 3u .M,PARCEL .,1.1.,i+..l•.00e / 114 B..ow.*P.o.Anmeato O.0.,Ono Nac oa1BAcOFcoRomowu ZONING TOTAL' r��ti^s, �� I covlca.ir"CONDITIONS. wmNc n�vnEss roN o,,,mM PARCEL A. hJEEm:�A,«o. gli • 1 AREA DP WC.•1rn Ac.. &DINE.PARA AREA A&B e Of 0301DIDOMS TO 0 0 V V OIEAREABPREVNJUBLY S MAUI.I.1 0.11..13204A.000AN VA(OUIREU BY JOAN L.CLOT.AND aRARCA K.T.PWMO'N,,,,,,, ANO U °`� I'.4 AN11 OP VARCEL!#a AREA B r"" PART oiANGEEL MI Ar A :MADAM BEE WI.' �r v v '~+�^�• NSTALMENT NO.]®oLlww>rB COMBING OE A TOTAL On Ac.. J (r A� 'a 1 AND RECORDED NI IME CM Or ` y y y v y '� A! VIRGNA BEACH CLERKS OFFICE ON 14 IF.. V g �LPy O Q D V v I. r 14�R}rf�MI IF I oulNMl H ;.- 1 IV V 7, 7 V 11 tt 04 �• �M b C AREA A T/ V' y�ry —mod !%m 414 a"N It: EF!LlGnlO j • y pa a�rn �r 'A R, V /V'-V V 4 a,- Nr "" IVV,VVV7, •M - r N � � _ .. _ MAIM ru � PP .rB. WOMB -w n .� .P.-__ _ — f GENERAL BOOTH BLVD •1 T �> " rower I V':R 1'st giE INN.R Z EEGBR.La lil.. E iy —' -- --- VICINITY MAP N SfALE'.1••ES'-P Kimley»>Horn '�4 a 25. Se lea I EXHIBIT A December 3 2018 0 Wolcott I Rivers I Gates ATTORNEYS AT LAW LEGAL DESCRIPTION (GPIN: 2415-20-4838) ALL THAT certain lot, piece or parcel of land lying, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, known and designated as Parcel A-1 on that certain plat entitled: "PARCEL A-1 BEING A RESUBDIVISION OF PROPERTY OF JOHN L. CLIFTON AND THOMASA A. CLIFTON AS DESCRIBED IN DEED BOOK 4122, AT PAGE 1767 AND PARCEL 3-A-3 CORPORATE LANDING AS SHOWN IN MAP BOOK 304 AT PAGES 34 TRHOUGH 36 FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, VIRGINIA BEACH, VIRGINIA" which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 200304140057260. Hampton Roads Richmond 200 Bendix Road,Suite 300 919 E.Main Street,Suite 2010 Virginia Beach,VA 23452 Richmond,VA 23219 LEGAL DESCRIPTION (GPIN: 2415-12-2650) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL 3-A-6B", as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL 3-A-6A CORPORATE LANDING (PLAT INST. 20120418000423240) VIRGINIA BEACH, VA 01-28-2019", prepared by MidAtlantic Surveying and Land Design, which plat is duly recorded in the Clerk's Office as Instrument No. 20190405000270640,reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, as follows: a) By deed dated December 6, 1989, from Doustan Partnership, a Virginia limited partnership, and recorded in the Clerk's Office in Deed Book 2877, at page 472; b) By deed dated July 20, 1990, from Guy O. & Peggy W. Ailstock, and recorded in the Clerk's Office in Deed Book 2926, at page 1111. c) By deed dated December 6, 1989, from E.S.G. Enterprises, Inc., a Virginia corporation, and recorded in the Clerk's Office in Deed Book 2877, at page 476; d) By deed dated July 9, 1990, from E.S.G. Enterprises, Inc., a Virginia corporation, and recorded in the Clerk's Office in Deed Book 2925, at page 1554. e) By deed dated July 20, 1990, from John M. Steadman and Eileen W. Steadman, husband and wife, and Mark E. Slaughter, as Trustee, and recorded in the Clerk's Office in Deed Book 2926, at page 1114; f) By deed dated June 1, 1988, from Robert W. White, and recorded in the Clerk's Office in Deed Book 2744, at page 749; g) By deed dated June 1, 1988, from Robert W. White, as Trustee of Trust A and Trust B, and recorded in the Clerk's Office in Deed Book 2744, at page 751, and re-recorded in Deed Book 2757, at page 1003; h) By deed dated June 1, 1988, from Robert W. White, and recorded in the Clerk's Office in Deed Book 2744, at page 726; i) By deed dated June 1, 1988, from Robert W. White,Jr., and recorded in the Clerk's Office in Deed Book 2744, at page 728; 1 j) By deed dated June 1, 1988, from Kathryn W. Utley (formerly Kathryn L. White)and Jefferson Utley,her husband,and recorded in the Clerk's Office in Deed Book 2744, at page 730; k) By deed dated June 1, 1988, from Elizabeth Hope White, and recorded in the Clerk's Office in Deed Book 2744, at page 732; 1) By deed dated June 1, 1988, from Richard Lloyd White, and recorded in the Clerk's Office in Deed Book 2744, at page 737, and re-recorded in Deed Book 2786, at page 1988; and m) By deed dated June 1, 1988, from Margaret Lynn White, and recorded in the Clerk's Office in Deed Book 2744, at page 735, and re-recorded in Deed Book 2784, at page 575. 2 Items #2 & 3 Virginia Beach Development Authority & Lynn-Lynne, LLC [Applicant & Property Owners] Modification of Proffers Conditional Change of Zoning (Conditional B-2 Community Business District to Conditional B-2 Commercial Business District (0.70-acre) & Conditional I-1 Industrial District (0.52-acre)) 1941 General Booth Boulevard and portion of Corporate Landing Business Park July 14, 2021 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you. The next items are items number two and three, which is Virginia Beach Development Authority, is the applicant, Virginia Beach Development Authority and Lynn-Lynne LLC. It's a Modification of Proffers. The address is 1941 General Booth Boulevard and portion of the Corporate Landing Park in the Princess Anne district. Is there a representative for this item? Mr. Richardson: My name is John Richardson and I am going to represent the applicant. We're happy to answer any questions, we understood it was on consent. Ms. Oliver: Great. Mr. Richardson: Thank you. Ms. Oliver: Thank you. Do we have any opposition to this being on the consent agenda today? All right, hearing none. Commissioner Horsley has been asked to read this into the record for us. Mr. Horsley: Thank you Mrs. Oliver. A portion of the property known as Dr. Johnny's Appliances was rezoned in 1994, from AG-2 to B-2 Community Business. Now, the Corporate Landing which backs up to this property, this request is including to modify the conditional rezoning or agreement associated with Corporate Landing to remove 0.73 acres from the business park, which is the Corporate Landing Business Park to Dr. Johnny's to expand his operation and build a warehouse and the addition of the warehouse is consistent with the comprehensive plan. And the, I think the change of ownership from the industrial authority to the appliance business is totally exactly what—what this is all about when they established the commercial business park. So there was no opposition to this taking place. I think it's a good community business that's taken place down there. And no opposition to it, and staff agreed to it. So we put it placed it on the consent agenda. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. 1 Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you.Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When Parcel A is developed, it shall be developed substantially as shown on the Sheet C200 (Layout Plan) of that certain concept plan entitled "DR. JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions, dated October 4, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Proffer 2: The site design of Parcels B and C, as identified on the Layout Plan, shall be in substantial conformance with the Layout Plan. Proffer 3: Parcels A, B, and C (collectively, the "Property") shall be landscaped substantially as shown on Sheet C500 (Landscape Plan) and Sheet C501 (Landscape Details) of that certain site plan entitled "DR. JOHNNY'S APPLIANCES SITE PLAN," prepared by Land Planning Solutions, dated October 4, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Required landscaping shall also include all plantings on Parcels B and C that were installed per applicable City ordinances including but not limited to interior parking lot landscaping, streetscape landscaping and foundation plantings Proffer 4: Vehicular access to the Property shall be in substantial conformance as depicted on the Layout Plan as a shared, single ingress/egress point along General Booth Boulevard. Proffer 5: 3 When Parcel A is developed, the exterior building materials, architectural design, appearance and height shall be substantially as shown on the renderings, consisting of 4 pages entitled: "Dr. Johnny's Appliances East Elevation 09/04/2019", "Dr. Johnny's Appliances West Elevation 09/04/2019", "Dr. Johnny's Appliances South Elevation 09/04/2019" and "Dr. Johnny's Appliances North Elevation 09/04/2019", prepared by Land Planning Solutions, dated September 4, 2019, all of which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. Proffer 6: For Parcels B and C, the building elevations, architectural design, building materials, appearance and height of one-story building shall be substantially as shown on the photos identified as Exhibits P-1 through P-8, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department Proffer 7: Freestanding signage shall be of a monument design with a brick base and internally lighted as depicted on the photo entitled "Frontage-Sign" and "Frontage-Sign 2"which have been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Proffer 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Proffer 9: Exterior storage of any materials, motor vehicles, or equipment shall be prohibited. Proffer 10: The use of fencing on the Property, other than to screen dumpster and trash receptacle areas as required, shall be prohibited. Proffer 11: The following uses shall be the only uses permitted on Parcel B and Parcel C relating to the current B-2 Business District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel B and Parcel C. a) Bakeries, confectionaries, and delicatessens, provided that products prepared or processed on the premises shall be sold only by retail and only on the premises. b) Business studios, offices, and clinics. c) Communication towers and temporary communication towers. d) Daycare centers and child care education centers. 4 e) Drugstores, beauty shops and barbershops and other personal service establishments. f) Eating and drinking establishments without drive-through windows, except as specified in the Zoning Ordinance. g) Financial institutions. h) Florists, gift shops, and stationery stores. i) Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses. j) Grocery stores, carry-out food stores, and convenience stores in a structure with a gross floor area of less than five thousand (5,000) square feet. k) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices. I) Laundry and dry cleaning agencies. m) Medical and dental offices and clinics. n) Museums and art galleries. o) Newspaper printing and publishing,job and commercial printing. p) Personal service establishments, other than those listed separately. q) Public utilities installations and substations, including offices. r) Repair and sales for radio and television and other household appliances and small business machines. s) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. t) Specialty shops. u) Storage garages. v) Veterinary establishments and commercial kennels, provided that all animals shall be kept in sound-proofed, air-conditioned buildings. 5 w) Wind energy conversion systems, roof mounted. x) Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clear incidental and subordinate to principle uses on the premises in accordance with the Virginia Beach Zoning Ordinance. Proffer 12: The following uses shall be the only uses permitted on Parcel A relating to the current I-1 Light Industrial District. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. By City Council accepting this proffer does not grant the right to operate or place such uses on Parcel A. (a) Building-mounted antennas meeting the requirements of section 207. (b) Business, medical, financial, nonprofit, professional and similar office buildings. (c) Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207. (d) Eating and drinking establishments. (e) Establishments such as linen suppliers, freight movers, communication services and canteen services. (f) Establishments which deliver merchandise in bulk or by truck or van. (g) Indoor storage of motor vehicles. (h) Fiber-optics transmission facilities meeting the requirements of section 233.15. (i) Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk. (j) Motion picture studios. (k) Printing, lithographic or publishing establishments. (I) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided further, that utilities substations, other than individual transformers, shall be surrounded by Category VI screening solid, except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening. (m)Recreational facilities other than those of an outdoor nature. 6 (n) Repair establishments; provided that no outside storage is included (excluding mobile operative equipment). (o) Small wireless facilities meeting the requirements of section 207. (p) Vocational, technical, industrial and trade schools. (q) Wholesaling, warehousing, storage or distribution establishments. (r) Wind energy conversion systems, roof-mounted. 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. Mod of Proffers - Corporate Landing Business Park 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: Parcel A (consisting of approximately 0.21 acre) and Parcel B (consisting of approximately 0.52 acre) shall be removed from the Corporate Landing Business Park Proffers. The remainder of the Authority Parcel shall remain subject to the Corporate Landing Business Park Proffers, which remain in full force and effect. Staff Comments: Staff has reviewed the Proffer listed above and finds it acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 7 009 009 OOb 00C 00Z 001-09 0 land 1=11C111=11111 6uipiin8 6uiuoZ s 3 epnS `Beal ezeld 'S ZL 1. suo6Ajod Apadoad 3-,A1 M p/Co8 •a AelseM a,s %/ N • \\_0 ,. ..--A171wICkt 512� o 5'A ❑ L5 �121 7 0% o;u i— a5 L-H d'oa 1❑ t5 Sau� _as} ° vivo o • 51 a o-� > , \ . u, v►o0 y ;aaa}S=�e;ua�ui1u-op ,qua,� .. ♦ rT r � — • , Ae 0 �i, ❑ [ ❑ ap ❑ � [� as �S �- oil a olo a ❑ ��- T 4, o �,o� � o �0512� isi 0*°'X, e ig \*4 i ''''' ' ' ' ' . c), :si , pails_A-ne-a___ _ /', ,Q 110 to 8 IV � \ TSaCIC Ju ❑• D ❑ n dtl 1 1 1 C Onsly',\S 8 1 V ---3---AC5c1210vwais=a-M ,&IA/ #•••s $(6 ..- . .••• . gi 'C ' - 7 iE,i ED 0 E3 D E ,. .„,:v. v. , ,,v4.- .., • nsii.,, .. col I I R-lb;. ,.e 1% 4 * c , * 'c , ..* e Op riD, i-j-1-1 rfi ifil ••eV it,.10, ••'��/.0o.v4 -V\ 8 w ♦ Z8 406 C3 0 n tw -o❑ o !*, ,i#•,t -.t17Z It 1V - .b 0 Z A aS.al 0 ZI.V < o .., . Z.O � ,-- r5zal-,•--r- [ ,04-84.), g' r! �L Sys-- =! :i LVl``µv tjf l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WESLEY D. BOYD [Applicant] CAPITAL FINANCE, INC [Property Owner] Modification of Conditions to a Conditional Use Permit (Tattoo Parlor) for the property located at 172 South Plaza Trail, Suite E, (GPIN 1487826823). COUNCIL DISTRICT — BEACH MEETING DATE: August 17, 2021 • Background: The applicant received a Conditional Use permit in April 2019 to operate a Tattoo Parlor in Suite E of the shopping center located at the southeast corner of South Plaza Trail and Daytona Drive. The adjacent suite is currently vacant, and the applicant seeks to modify conditions in order to expand the business into Suite F. • Considerations: The request is acceptable given that the use is compatible with the other commercial businesses in the immediate vicinity. No additional parking is required within the shopping center, and there are no other tattoo parlors within 600 feet of this request. 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 July 14, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Wesley D. Boyd Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �/�J Submitting Department/Agency: Planning Departments " City Manager:/ j1 • Applicant Wesley D. Boyd Agenda Item Property Owner Capital Finance, Inc r Planning Commission Public Hearing July 14, 2021 /, 20 City of City Council Election District Beach Virginia Beach Request Modification of Conditions (Tattoo Parlor) ..--- Staff Recommendation Approval to Staff Planner Hank Morrison Aik w..n. _1�� _--„�" — Location � ---- \ r \ 172 S. Plaza Trail, Suite Elit VarP/Stfost V l GPIN A a 1487826823 ___ ` Site Size 9 1.6 acres € ' g t / AICUZ € �-"` ,1 65 70 d6 DNL "` `' `� laza Trail _�. e�° 1° �')\) Watershed R°a° P RaMtr ee Chesapeake Bay Starr:r st ee< -''� \ 1 Existing Land Use and Zoning District Shopping Center/ B-2 Community Business �A`- Surrounding Land Uses and Zoning Districts 4. 1111 North , Daytona Drive 4064 Restaurants, mixed retail, multi-family dwellings v / B-2 Community Business &A-36 Apartment 's South Truck rental, church/ B-2 Community Business tik . East Multi-family dwellings/A-18 Apartment West South Plaza Trail - Single-family dwellings/ R-7.5 Residential Wesley D. Boyd Agenda Item 20 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the conditions of a previously approved Conditional Use Permit to expand a Tattoo Parlor located in the shopping center at the southeast corner of South Plaza Trail and Daytona Drive. • The applicant received a Conditional Use Permit in April 2019 to operate a Tattoo Parlor in Suite E of the shopping center.The adjacent suite,Suite F, is now vacant and the applicant proposes to modify the conditions to allow operation of a Tattoo Parlor in both suites. • The hours of operation are proposed as 10:00 a.m.to9:00 p.m.,seven days per week. • No exterior changes are proposed to the building. 1 1 6 Zoning History p,,.= # Request °" go 1 CUP(Mini-Warehouse)Approved 05/09/2001 h' 3 2 CUP(Church)Approved05/12/2009 CUP(Bulk storage,auto repair,truck rental)Approved 03/13/2012 3 CUP(Tattoo Parlor)Approved04/17/2019 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 Evaluation & Recommendation The request to modify conditions associated with the existing Conditional Use Permit is acceptable given that the use is compatible with the other existing commercial businesses in the shopping center and the vicinity. No additional parking is required within the shopping center,as it was designed to accommodate a variety of mixed commercial uses. The site is adjacent to other commercial properties and, as required by the Zoning Ordinance, there are no other tattoo parlors within 600 feet of this request. Prior to operating in Suite F, the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping,inspections,cleanliness,vaccinations,and permitting.ACertificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above,Staff recommends approval of this application, subject to the conditions listed below. Wesley D. Boyd Agenda Item 20 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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 subject property is located within the Rosemont Strategic Growth Area (SGA),which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial,artistic, and ethnically diverse areas. Natural & Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 11,100 ADP 12,500 ADP(LOS2"D") No Change is Anticipated lAverage Daily Trips 2 LOS=Level of Service Wesley D. Boyd Agenda Item 20 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021, and July 4, 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 June 28, 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 July 8, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 1, 2021 and August 8, 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 August 2, 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 August 13, 2021. • Wesley D. Boyd Agenda Item 20 Page 4 Site Photos Wesley D. Boyd Agenda Item 20 Page 5 Disclosure Statement Disc *sure Statement "'. <,-. 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 Wesley D Boyd Does the applicant have a representative? ❑Yes W No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Wesley Boyd,Antonio Almazan,Brandon Weilacher • If yes,list the businesses that have a parent-subsIdiaryt or affiliated business entity3 relationship with the applicant. (Attach a list if necessary) N/A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns snares 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,(li)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Rraised 11.09.2020 1 I P a g e Wesley D. Boyd Agenda Item 20 Page 6 Disclosure Statement 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-coliaterallzation,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 applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes II 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?0 Yes It 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 I No • If yes,identify the purchaser and purchaser's service providers. Revised 11,09 2020 2 1 rat; Wesley D. Boyd Agenda Item 20 Page 7 Disclosure Statement Disclosure Statement 6. Dots the applicant nave a Wnsttuabn contractor in torn!iorf with the subject of the application or any business operating or to be operated on the property r G Yes a No • If yes,identify the company and indivldusl Madding thy senate. 7. Does the applicant nave an euglneet/aurveyet/agent in connection with the subject of the application or any b.i ness °Aerating or to be operated on the trnperty?0 Yes V No • if yes,Identify the firm and individual providing the service 8. Is the applicant receiving legal service In connection with the Subject of the application cn any business operating ot to de operated on the property?01 Yes a NO • re yea,Identify the firm and individual provid;ng ttse senvice. Applicant$ig neture ce tl4y that el of the usformati n contained In the Discsosure Statement form Is complete,true,and accurate.i,mdrstand that. upon retire of notification hurt the applratlnn has been schedules for public hearing.I am responsible for updating the information provided herein two weeks prim to the rrneetlng of Planning Commission,City Council,VBDA,CBDA,Wetlands Board or any public body of committee In connection with this application. Applicant Signature fj Hhtt ypa j/ a Wesley Boyd.Df&W Tatdo0W.LLCPMiideet Date sir si is the applinlKuigo the owner pi the subiect property? ❑Ye5 la No • Ir yea,you du iuN ne.1 to fill out tot nwRe dlst kiwi 5.1 Ntrr>ne,1 Mai pe+taaes tot,* �07.27.2021 sd"tn"nit Hank Morrison jI I . Wesley D. Boyd Agenda Item 20 Page 8 Disclosure Statement 'State t Owner Disclosure ;]� Owner Name aapi J ( .r4 441Cc, (Yl C Applicant Name Wesley D Boyd / Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?ill Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) fcli A144)nIt tA NCEileFTeli p/f, • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beacl(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? "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§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(lii)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 5 I °age- Wesley D. Boyd Agenda Item 20 Page 9 Disclosure Statement sclos re Statement j ,k=gin _ t.. � m Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coilateralization,etc)or are they considering any financing in�coJn�ection with the subject of the application or any business operating or to be operated on the property? [�Yes o'No • If yes,identify the financial institutions providing the service. 2 Does the Own!!have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? 0 Yes 11d No • 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?0 Yes ET/No • if yes,identify the firm and individual providing the service 4. Does the Owner have services from an architect/landscape architect/land planner provid�ed)n connection with the subject of l.7 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. 5. Is there any other pending or proposed purchaser of the subject property?Ei Yes l_`1 No • If yes,identify the purchaser and pur;haser'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 e No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated on the property?0 Yes lJ NO • if yes,identify the firm and individual providing the service. Devised 11.09.2020 6 I ° 'F Wesley D. Boyd Agenda Item 20 Page 10 Disclosure Statement S. Is the Owner receiving legal services in connection with the subject of the application or any business operating o,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 LL (� s.�st QQf YYtatte tieut p r� Print Name and Title V 3-1G— Z4Z( Date Revised 11 O9.2020 7 1 F a g, Wesley D. Boyd Agenda Item 20 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. Wesley D. Boyd Agenda Item 20 Page 12 Item# 20 Wesley D. Boyd [Applicant] Capital Finance, Inc. [Property Owner] Modification of Conditions(Tattoo Parlor) 172 S Plaza Trail, Suite E July 14, 2021 RECOMMENDED FOR APPROVAL -CONSENT Ms. Oliver: Thank you. The next item is on our agenda is item number 20, Wesley D. Boyd, Capital Finance, Inc. It's a Modification of Conditions at 172 South Plaza Trail, Suite E in the Beach District. Is there a representative for this today? Is there any opposition for this been on the consent agenda? Hearing none, Commissioner Alcaraz is going to read this once again to the record. Did you have this? Mr. Alcaraz: Not ready for that one. Ms. Oliver: You're not? Mr.Alcaraz: No. I'm still recuperating from that last one. Ms. Oliver: Hold on. Mr. Alcaraz: Thank you. Ms. Oliver: You're welcome. Mr.Alcaraz: The applicant Wesley Boyd is, Modification of Conditions for a tattoo parlor. The applicant is requesting to modify the conditions of a previously approved Conditional Use Permit to expand a tattoo parlor located in the shopping center at the southeast corner South Plaza Trail in Daytona Drive. The applicant received the Conditional Use Permit in April 2019 to operate a tattoo parlor in suite E of the shopping center. The adjacent suite — Suite F, is now vacant and the applicant proposes to modify the conditions to allow operation the tattoo parlor in both suites. The hours of operation will be between 10 am and 9 pm seven days a week. No exterior changes of the proposed building will be affected, and Planning Commission's recommend approval for consent. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. 1 Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda.They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 8 I NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner ' AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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. 3 10 oc 5111 2 Liii LI s —JBZ r. o i , .z0. n1 110 E=ii 0 0 �1 \ to ....t\ 1 1 / •CL\ 0. cl 12 I 0 ,, lry [li w,,:\ A , i i . , .\ CentraTDrive - -- - J_ I ' , 1 1 l C 1 =4 \, 0 \ 11 Ili o� i -1-1---1 \ [1] Namw,\\ m Site Cosmo's Corner, Inc W . 0 Property Polygons 503, 505, 507, 511 Central Drive S Zoning Building - Feet 0 50100 200 300 400 500 600 fr8 ii c: 1i_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COSMO'S CORNER, INC [Applicant] KNRM ENTERPRISES, LLC. & NELSON INDUSTRIES, LLC. [Property Owners] Modification of Conditions to a Conditional Use Permit(Commercial Kennel) for the property located at 503, 505 507 and 511 Central Drive (GPINs) 14968990030503, 14968990030505,14968990030000, 14968970330000. COUNCIL DISTRICT — BEACH MEETING DATE: August 17, 2021 • Background: The applicant is seeking a Modification of Conditions of a Conditional Use Permit for a Commercial Kennel granted in 2008. The applicant is now seeking to expand the existing 2,100 square foot commercial kennel into three additional units in separate buildings along Central Drive totaling 8,000 square feet. While the number of dogs will not increase, the applicant indicated that the expansion will result in a better facility to provide services to their clients. • Considerations: In Staff's view and the Planning Commission concurs, this kennel has been an appropriate activity in the area of London Bridge Road. The use is consistent with the terms of the Navy Restrictive Easement that encumbers the site and is compatible with character of this area which includes primarily light industrial and office uses. Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air-conditioned and soundproofed. The commercial kennel buildings are air-conditioned and soundproofed, meeting this standard. 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 July 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1 . The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Cosmo's Corner, Inc Page 2 of 3 2. The dog kennel structure and indoor dog training area shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. All dogs shall be kenneled indoors in the dog kennel structure between the hours of Monday-Friday 6:00 a.m.-7 p.m., Saturday 8:00 a.m.- 4:00 p.m. and Sunday 10:00 a.m.- 4:00 p.m. for pickup and drop off only. 6. All dogs while being escorted shall be leashed at all times unless inside the designated training area. 7. Dog shows shall be prohibited. 8. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: A. No training (i.e. basic obedience, agility, canine good citizen, free style, fly ball, etc.) shall be conducted on the property; B. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; C. No retail sales shall be conducted, except as an auxiliary function of enterprises permitted; D. No storage, distribution or handling of explosives, petrochemicals or petroleum related products shall be allowed at the facility; E. Nothing on the property shall exceed the height restriction over the property; and F. No unidentified use in violation of any other easement restrictions shall be permitted. 9. The dog kennel structures shall be constructed to be soundproofed and air- conditioned. Cosmo's Corner, Inc Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:rkp Applicant Cosmo's Corner, Inc Agenda Item ProLLCperty Owners KNRM Enterprises, LLC. & Nelson Industries, NIB Planning Commission Public Hearing July 14, 2021 25 Virginia Beach City Council Election District Beach Request Conditional Use Permit (Commercial Kennel) - Apiary Court Wd,street N Staff Recommendation E Approval Part,Street , F 0 t. Adventure Trait 1 Staff Planner Bullock Trail Antionette Fowlkes ‘ ..---) Brush CrO°k`4.'4 ACh- Location 503, 505, 507, 511 Central Drive 44(/ ----111._\ GPINs 14968990030503, 14968990030505, prod�cucn Road o 2 14968990030000, 14968970330000 Site Size Quality Court 1.06 acres AICUZ Navy Road Greater than 75 dB DNL V ` Watershed Chesapeake Bay Existing Land Use and Zoning District ' Office warehouse/ I-1 Light Industrial �' Surrounding Land Uses and Zoning Districts North It.'-� t• ell Office warehouse/ I 1 Light Industrial ;-*. _-- ifiSouth lilt Central Drive Office and warehouse buildings I-1 Light � _ 4- Industrial , East Office warehouse/ 1-2 Heavy Industrial - `r t ; West . `:' Office warehouse/1-1 Light Industrial �� 1 roi�i•n oK nitt a .ra,, Cosmo's Corner, Inc Agenda Item 25 Page 1 Background & Summary of Proposal • On August 12, 2008,City Council granted a Conditional Use Permit for a Commercial Kennel on the subject site.The applicant is now seeking a Modification of Conditions to expand the existing 2,100 square foot commercial kennel, specifically to three additional units in separate buildings along Central Drive totaling approximately 8,000 square feet of additional space. • According to the application, there are currently up to 100 dogs at the facility at a given time. • The additional units would be used as extra space to operate smaller, safer playgrounds for the daycare of dogs. Currently, dogs being boarded overnight are confined to building 505 Central Drive. • The site is zoned I-1 Light Industrial District and is adjacent to industrial uses.The closest residential zoning district is more than 700 feet from the property. • The hours of operation are proposed to be modified from 8:00 a.m.to 6:00 p.m., Monday through Friday to 6:00 a.m.to 7:00 p.m., Monday through Friday.Saturday operating hours are proposed to be modified from 10:00 a.m.to 4:00 p.m.to 8:00 a.m.to 4:00 a.m. With the original Conditional Use Permit,the operation was closed on Sundays. The applicant is now seeking permission to be open on Sundays from 10:00 a.m.to 4:00 p.m.for pick-up and drop- off only. • Approximately 30-35 employees are employed by the applicant,with about 10-12 working at a given time. One employee is onsite 24-hours a day to care for the animals in case of an emergency. L. Cheek .1_—;, Ch ?rr I ,af ' m Zoning History ` # Request [ i L ,Th- `a 1 CUP(Bulk Storage Yard)Approved 01/31/2007 eta No 2 CUP(Bulk Storage Yard)Approved 06/30/2009 t--` en " 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 Evaluation & Recommendation This request for a Conditional Use Permit for a Commercial Kennel is acceptable. In Staff's opinion,this kennel, which is located near London Bridge Road, is compatible with the surrounding uses and is an appropriate activity in the area. Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air-conditioned and soundproofed.The commercial kennel building meets this standard and is an allowable light industrial use that is compatible with the Navy easement and surrounding character Cosmo's Corner, Inc Agenda Item 25 Page 2 of this area which includes primarily light industrial and office uses. No dog training, however, is permitted based on the terms and conditions of the Grant of Easement owned by the United States Navy. Based on these considerations,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 2. The dog kennel structure and indoor dog training area shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. All dogs shall be kenneled indoors in the dog kennel structure between the hours of Monday-Friday 6:00 a.m.-7 p.m.,Saturday 8:00 a.m.-4:00 p.m. and Sunday 10:00 a.m.-4:00 p.m.for pickup and drop off only. 6. All dogs while being escorted shall be leashed at all times unless inside the designated training area. 7. Dog shows shall be prohibited. 8. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. No training(i.e. basic obedience, agility, canine good citizen,free style,fly ball,etc.)shall be conducted on the property; b. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; c. No retail sales shall be conducted,except as an auxiliary function of enterprises permitted; d. No storage,distribution or handling of explosives, petrochemicals or petroleum related products shall be allowed at the facility; e. Nothing on the property shall exceed the height restriction over the property;and f. No unidentified use in violation of any other easement restrictions shall be permitted. 9. The dog kennel structures shall be constructed to be soundproofed and air-conditioned. 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. Cosmo's Corner, Inc Agenda Item 25 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this area as a Special Economic Growth Area (SEGA) 2-West Oceana. Much of this area is subject to existing Navy restrictive easements. Recommendations for this area call for corporate office, retail, and other comparable commercial use due to the area's high visibility. Special attention should be given to ensure high quality site, landscape,and building design. The proposed use meets the requirements of the Navy restrictive easements and the expansion provides an opportunity for an existing business to grow. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Central Drive 4,975 ADT(Year-2019) 9,900 ADT' LOS 4"D„ Existing Land Use Z—60 ADT Proposed Land Use 3—No Data Available 1Average Daily Trips 2 as defined by a commercial 3 No information available in the 4 LOS=Level of Service kennel ITE Trip Generation Manual for a commercial kennel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Central Drive is a two lane collector.There are currently no CIP projects scheduled for this roadway. Public Utility Impacts Water The sites are already connected to city water. The existing 5/8-inch meters (City ID#20183173 and#20183194) may be used to accommodate the proposed use. If a plumbing permit is required,the water meter size will be evaluated by Public Utilities prior to permit issuance. Depending on the number/type of fixtures and the use within the buildings,the water meter(s) and water service line(s) may need to be upgraded by the property owner. Sewer The sites are already connected to city sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they spoke with the surrounding business owners, and six letters of support have been received by staff. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 2021. Cosmo's Corner, Inc Agenda Item 25 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 28,2021. • 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 July 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 1,2021 and August 8,2021. • 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 August 2,2021. • 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 August 13, 2021. Cosmo's Corner, Inc Agenda Item 25 Page 5 Proposed Site Layout I i I iL..........,' . ------- ' „_ ._ _ _ , ___ _ f_ 106 �`__ 103 __-- `_---� .-_ 101 & 102 I I a a 101 I r+.) tea' • I l EXISTING KENNEL t N - CENTRAL RIVE D PROPOSED KENNEL EXPANSION Cosmo's Corner, Inc Agenda Item 25 Page 6 Site Photo i' ®ice. al 09 t0?�fT' • s§tee Cosmo's Corner, Inc Agenda Item 25 Page 7 Site Photo lib Iiir elpa 4 ilia tee* r - - 1 I � I is r'� IS __, .. ..&. .11 . upiPii. . .. 10.1.--iig=aite.i - A yo. C e �� Cosmo's Corner, Inc Agenda Item 25 Page 8 Navy Easement Compliance Review DEPARTMENT OF THE NAVY NAvAA AIR STATION OCEANA t750 TOMCAT BOULEVARD " VAGINA BEACJ+ VIRGINIA 734aO.2191 . .•mod Pt REAY BEfER TO 4535 N41222 25 Jun 21 Ms.Nicole Sincavage Cosmo's Corner Inc, 505 Central Drive Virginia Beach.VA 23454 Dear Ms.Sincavage: Thank you for the request for an easement compliance review for the use of a property located at 505 Central Drive,Virginia Beach,Virginia. I 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 Declaration of Taking acquired by the United States of America Enclosed is a copy of the Review and Findings for your convenience. Accordingly.the proposed use of the property,described as a commercial kennel,auxiliary retail sales and office space.is permitted under the terms of the Declaration of Taking. Please he advised schools and training are not permitted. However,for the purpose of this review,the current business model of keeping high risk dogs in a separate group and charging a higher rate is not considered training. If in the future,you desire to offer"play and train"you will need to request a separate review for that use. 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. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)433.2678 or via e-mail at paul.moomaw(inavy.mil. Sincerely, • l•-•) •� .W.HEWITT Captain.t:.S.Navy Commanding Officer Enclosure: I. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARRA 12) Cosmo's Corner, Inc Agenda Item 25 Page 9 Disclosure Statement Disclosure Statement . Planning&Communit4 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 Cosmo's Corner Inc Does the applicant have a representative? re Yes 0 No • If yes,list the name of the representative. NicoleSlncavage,President Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? W Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Nicole Sincavage,President,Paul Sincavage Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a 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. "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 11 Cosmo's Corner, Inc Agenda Item 25 Page 10 Disclosure Statement Disclosure Statement \13 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? Cl Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reahor 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?❑Yes III! No • If yes,identify the firm and individual providing the service. 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. Revised 11.09 2020 2 Cosmo's Corner, Inc Agenda Item 25 Page 11 Disclosure Statement Disclosure Statement VB. (44,41.1,0, ,Ptrh 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 II No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II 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. Timothy Trant,Kaufman and Canoles 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,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CEPA,Wetlands Board or any public body or committee in connection with this application. ir ilieir6) Applicant Signature Nicole Sincavage,President Print Name and Title 04/24/2021 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/Alt disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No changes as of i "te Slrn a f�✓+ - .__ 8/5/2021 °ih't"a"'a Marchelle L. Coleman Revised 11.09.2020 3 1 P a g e Cosmo's Corner, Inc Agenda Item 25 Page 12 Disclosure Statement Disclosure Statement ,:a4rw,,,,e,.d Planning&Community Development r Owner Disclosure �.-- Owner Name KNRM Enterprises LLC,and Nelson Industries LLC Applicant Name Cosmo's Corner Inc Is the Owner 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) Kevin Nelson,President • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? "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. a"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 5 �' p Cosmo's Corner, Inc Agenda Item 25 Page 13 Disclosure Statement Disclosure Statement cak,,l riryan, 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? ID Yes No • 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?0 Yes n No • If yes,identify the firm and individual providing the service. 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 I No • If yes,identify the firm and individual providing the service. 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. 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. 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?0 Yes • No • If yes,identify the firm and individual providing the service. -i,. >ru;1C. .i.i. 6 a g Cosmo's Corner, Inc Agenda Item 25 Page 14 Disclosure Statement Disclosure StatementVIES my o,-rvsoW,hut. 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?0 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 Kevin Nelson,President Print Name and Title 04/27/2021 Date Revised 11.09.2020 7 I P a g e Cosmo's Corner, Inc Agenda Item 25 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Cosmo's Corner, Inc Agenda Item 25 Page 16 Item # 25 Cosmo's Corner, Inc. [Applicant] KNRM Enterprise, LLC & Nelson Industries, LLC [Property Owners] Modification of Conditions (Commercial Kennel) 503, 505, 507 & 511 Central Drive July 14, 2021 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you. All right. The next on our agenda is item number 25, Cosmo's Corner, KNRM Enterprise LLC and Nelson Industries, LLC. It's a Modification of Conditions and 503, 505, 507, 511 Central Drive in the Beach District. Is there a representative for this today? Welcome. Ms. Sincavage: Thank you. I'm Nicole Sincavage from Cosmo's Corner. I'm an applicant and we appreciate being put on the consent agenda today. Ms. Oliver: Great, thank you very much. Is there any opposition to this being put on the consent agenda today? Hearing none, Commissioner Klein is going to read this into the record for us. Ms. Klein: In August 2008, City Council granted a Conditional Use Permit for a Commercial Kennel. The applicant is now seeking a Modification of Conditions to expand the existing 2100 square foot kennel to a total of 8000 square feet. The kennel meets the standards is an allowable light industrial use that is compatible with the navy easement and surrounding character of the area. Staff recommends approval and the commission agrees. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. 1 Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file — on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17? Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: Ali right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 2. The dog kennel structure and indoor dog training area shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. All dogs shall be kenneled indoors in the dog kennel structure between the hours of Monday-Friday 6:00 a.m.-7 p.m., Saturday 8:00 a.m.-4:00 p.m. and Sunday 10:00 a.m.- 4:00 p.m. for pickup and drop off only. 6. All dogs while being escorted shall be leashed at all times unless inside the designated training area. 7. Dog shows shall be prohibited. 8. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. No training (i.e. basic obedience, agility, canine good citizen, free style, fly ball, etc.) shall be conducted on the property; b. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; c. No retail sales shall be conducted, except as an auxiliary function of enterprises permitted; d. No storage, distribution or handling of explosives, petrochemicals or petroleum related products shall be allowed at the facility; 3 e. Nothing on the property shall exceed the height restriction over the property; and f. No unidentified use in violation of any other easement restrictions shall be permitted. 9. The dog kennel structures shall be constructed to be soundproofed and air-conditioned. 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. 4 Good Afternoon, I recommend Cosmo's Corner Doggie Daycare to any dog owner who is in need of daycare or boarding. Cosmo's Corner is a quality establishment that serves the community by providing excellent daycare and boarding for dogs.The facility is always clean and organized.The staff is courteous and caring. I have two dogs, and I bring them to Cosmo's Corner for daycare and boarding. My dogs are anxious to enter the building,and the staff greet them with affection.The staff adhere to strict guidelines regarding the immunization and health of the dogs in attendance.Any specific concerns are addressed with the owner immediately. I took one of my dogs to the veterinarian concerning a remaining stitch from her spay because a staff member noticed the stitch and was concerned that another dog may pull at the stitch, causing my dog discomfort. I was appreciative that the staff cared enough about the well being of my dog to bring this to my attention. I frequently travel to Richmond for business. Because Cosmo's Corner is open until 7pm. I am able to conduct business for the day and return to Virginia Beach to pick up my dogs knowing that my dogs have been well cared for and safe while I am away.The hours for boarding are also beneficial to travel, as I can leave the dogs at 6am in the morning. I recommend Cosmo's Corner Doggie Daycare to any dog owner who is in need of daycare or boarding.This business is an asset to the community. Sincerely, Amelia L. Brillhart, MS, BCBA, LBA, CCC-SLP Allied Instructional Services uc, 1 t `i� �.0e e:pt Pet. . . Save a Li ef" \irtli(. ruliuui hip. 7/2/21 To whom it may concern: Cosmo's Corner is a true asset to Virginia Beach. They provide a great service of doggie day care and boarding to the local community. Our pets are family and need a trusted place to go when we can not be with them. Cosmo's Corner has also donated to the Pug Rescue a local nonprofit that I belong too. I highly recommend them. Sincerely, Cias Cathleen Codling President Pug Rescue of North Carolina www.pugrescuenc.org cathleen@pugrescuenc.org 757-240-0815 Pug Rescue of North Carolina, Inc. P.O. Box 10601, Virginia Beach, VA 23450 Phone 336-312-2983, FID# 56-2196278 Website: www.pugrescuenc.org Email: cathleen(a�pugrescuenc.org A non-profit 501 (c) 3 organization Donations Are Tax Deductible Good Afternoon, My Name is Elayne Summerell and I have been a Client of Cosmo's Corner since 2009. I know where they began there and now as their Clients grow so do Cosmo's! Cosmo's truly gives 4 legged Parents a Real Home away from Home for their Babies. Peace of Mind is a Priceless Gift and Cosmo's has and continues to give this each and everyday. When one starts any Business you do a 3- 5 year Plan , It's very obvious Cosmo's expansion / expansions surpass it! In the Morning its like dropping your Kids off and you see how happy they are to be there! When you pick them up you see how much fun they had! One of VA Beach's Marketing Slogan is " Live the Life" and Cosmo's expansion is a must for all of us. Please feel free to contact me ! Thank you, Elayne Summerell 757-377-8084 Dear Commission Members: ON BEHALF OF THE EXPANSION PLAN OF COSMO'S CORNER My 3 greyhounds and I moved to Virginia Beach in April of 2009, to make this community our retirement home. However, I still had much work to complete in DC and I was concerned about boarding my greyhounds at a new facility or bringing them back to where they were familiar being boarded in the Metro area. I was introduced to Cosmo's Corner at that time. A cute small facility being run by the most gracious and adoring woman and her staff. She herself had her Great Dane, Big Blue, boarding there, so I decided to try Cosmo's for a day. When I returned from DC, my kids were reluctant to leave Cosmo's. Over the years I have seen Cosmo's grow. Representing many companies in their growth and expansion I witnessed the decline in personal attention and greater concern over the bottom line than customer care and service. At every growth spurt Cosmo's has enjoyed they have carefully selected employees who have the same love and devotion to the pets they care for. If anything, customer care and love of the pets Cosmo's cares for has greatly outpaced their expansion. I am sure that they would not be asking for this permit to expand if they weren't providing the upmost of care, concern and dedication to the work they do and the service they provide for Virginia Beach and the surrounding communities. Many families vacation in Virginia Beach who have pets, and they bring their pets with them. To keep them coming back to our community where they know if they want to take a day excursion Cosmo's is there for them, Cosmo's must expand. strongly urge the commission to approve the permit Cosmo's is asking for as you will be doing a great service to the community of Virginia Beach. Sincerely, Howard Shmuckler 267-916-2606 Good Morning: I am sending this correspondence in support of the variance request for COSMOS CORNER. My wife and I have been long term clients of the business and have watched their business continue to grow fueled by superior customer service and a true love of animals. Paul and Nicole invest back into our local community through their support of multiple canine related charities to in include the Hampton Roads Pug Rescue. COSMOS CORNER started out a small Mother/Daughter business with a total staff of 5 and has since blossomed into a 40+person operation and is the truest example of the American Dream coming to life. Please support this variance as it supports the further growth of a wonderful small business and service provider in our area. Sincerely; Jeffry D Parker. To the Virginia Beach Planning Commision, I am the owner/landlord and owner of an additional business on the property at Central Dr where Cosmo's Corner operates their business. I want to convey my support of the modification to their Conditional Use permit.They have leased from us for 14 years,run an excellent business and are ideal tenants.Not only do they keep the property clean and are respectful to fellow tenants,they have paid their rent in a timely fashion every month for the past 14 years.Their growth has been well thought out and has been necessary to safely and efficiently handle the growing demand for their services.They are a true asset to the residents of Virginia Beach and the surrounding cities. For more information or questions please feel free to reach out to me. Sincerely, Kevin Nelson,President KNRM Enterprises Inc 07-05-21 To whom it may concern, Cosmo's Corner Doggie Day Care at 505 Central Dr. Virginia Beach has been our work neighbors for over a decade. They have been a great part of our work community. They keep the complex very clean, and having them here makes us feel safer, because they always have people around. It's a very convenient place for a dog daycare, accommodating the many homes and business in this area. We have never had a issue with them or their customers. They are very respectful. We actually use Cosmo's on a regular basis, also when we are out-of-town. We know their facility and their employees will take great care of our fur family. We would love to continue a long term relationship with Cosmo's Corner. We have been a tenant here for 21 years. I value them as great neighbors and I am sure others feel the same. Thank you for your time. Linda Valencia Owner Since t988_ SiercVizards 757-431-8886 513 Central Drive Suite 101 rrginia -ach, VA 23454 ' VriCY -(4& „, ill) o ri!; o LPL .I O, 4j* z 0 co o • ;, o. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC [Applicant & Property Owner] Conditional Change of Zoning (Conditional B-1 Neighborhood Business District to Conditional B-2 Community Business ) for the property located at 2749 S. Independence Boulevard (GPIN 1475416438). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: August 17, 2021 • Background: The applicant is requesting to rezone a 2.17-acre parcel from Conditional B-1 Neighborhood Business District to Conditional B-2 Community Business in order to operate a commercial retail store (Dollar Tree) in the vacant building on the site. The 1995 proffer agreement that accompanied a rezoning of this site limited the use of the property to a pharmacy. The building, previously a Rite Aid Pharmacy, has been vacant since 2005. The property north of the site, which was once part of the larger commercial development, was rezoned in 2014 to construct a single- family condominium community. As part of the proffer agreement, a cross access easement along Charlotte Way was established to benefit both the pharmacy property and the condominium development. Concerns from the residential community were addressed by the applicant regarding the shared entrance along Charlotte Way with a new proposed vehicular access point on Round Hill Drive. • Considerations: This request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban area, as it is in line with the vision of creating great neighborhoods. The reuse of the existing building that has sat vacant for 16 years will provide a much needed service to the community will allows those in the vicinity to walk or bike for food, supplies, and other products. The proffers have been crafted to prohibit the most objectional uses allowed in the B-2 Community Business District that could be incompatible with the nearby residences. Limiting these uses will provide protection for the residential development as the majority of the uses generate high traffic volumes, create noise, and are more intense uses that can adversely affect the quality of life and enjoyment of the adjacent residential property owners. The proposed retail use will likely result in a decrease in traffic generation when compared to the previous pharmacy. Elias Properties Virginia Beach Independence, LLC Page 2 of 2 The new, separate commercial entrance to the site from Round Hill Drive will reduce vehicular conflicts between residents of the community to the north and customers to the commercial property Landscaping on site will meet all the standards identified in the Zoning Ordinance with regard to streetscape, interior parking lot, and foundation plantings. 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 July 14, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 7 to 0, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/%/) Applicant & Property Owner Elias Properties Virginia Beach Agenda Item Independence, LLC Planning Commission Public Hearing July 14, 2021(Deferred at the May 12, 8 City v./ 2021&June 9,2021 Planning Commission Public Hearing) Virginia Beach City Council Election District Centerville Request Conditional Rezoning (Conditional B-1 Neighborhood Business to Conditional B-2 Community Business) my Fnal,Cn aea Staff Recommendation Approval . E it d '� Staff Planner m � > Marchelle Coleman s a Nnthv.ak orl ,ndr ntlenoe Boulevard Location g 2749 S. Independence Boulevard gL. . P GPIN 1475416438 Eagle Way Site Size Ware ` °""` 2.17 acres woe' AICUZ Spruce Knob Road 't. gra noon pnvc Less than 65 dB DNL t Watershed Southern Rivers ' t ` Existing Land Use and Zoning District -4 -- 40. Vacant retail/B-1 Neighborhood Business • , .. 1k.. -- ,'y am .,.2 Surrounding Land Uses and Zoning Districts - `/ .Ir- North 4 ,7 -\ s Single-family dwellings/PD-H2 Planned Unit :fit Development (A-12 Apartment) � ' � South Golf course/P-1 Preservation East Single-family dwellings/PD-H2 Planned Unit v .2' Development (A-12 Apartment) J om4 o a. West S. Independence Boulevard Community center/P-1 Preservation Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant proposes to rezone a 2.17-acre parcel from Conditional B-1 Neighborhood Business District to Conditional B-2 Community Business District in order to operate a commercial retail store in the vacant building on the site.The property was rezoned from PD-H2 Planned Unit Development to Conditional B-1 Neighborhood Business on December 5, 1995 in order to allow a pharmacy to occupy the site.The B-1 District permits uses that are specifically considered neighborhood serving,such as a pharmacy. In order to operate a general retail use,a rezoning to B-2 Community Business District is required. • The existing building, previously a Rite Aid Pharmacy,was developed in 1997.The building has been vacant since 2005 and the applicant is seeking to rezone the property in order to operate a retail store(Dollar Tree). No major structural changes are proposed to the exterior of the building. • The property to the north was at one time part of the larger commercial development but was rezoned in 2014 to allow for the subdivision and construction of the single-family condominium homes, known as Honeybee Village. As part of the conditional rezoning agreement associated with the single-family condominium property, a cross access easement along Charlotte Way was established for the benefit of both the pharmacy and the condominium.At the request of the condominium association,the applicant is now seeking to construct a new vehicular access point on Round Hill Drive, rather than continue to access the former pharmacy site through a shared ingress/egress.The goal is to provide a separate entrance for the commercial site as a means to eliminate non-residential traffic at Charlotte Way/Round Hill Drive from mixing with traffic generated solely by the single-family condominium neighborhood. • As depicted on the proffered site layout plan,the landscaping on the site will meet all standards identified in the Zoning Ordinance, including but not limited to,streetscape, interior parking lot,and foundation plantings.The landscape plan will be reviewed in more detail during final site plan review. • The proffered building elevations show that there will be no major changes to the building, except for the addition of the business' logo and fresh new paint,as depicted on page seven of this report. ,..,___1,,?" -- R.p. r i i� Zoning History R,a:R,0RI0.. # Request •4y 1 CRZ(Conditional B-1 to Conditional PD-H2(A-12)) r'�� Approved 10/07/2014 F% 2 CUP(Church)Approved 12/03/2013 5 /' MOD(Add an Awning)Approved 05/10/2005 �� CUP(Church)Approved 10/28/1997 nd ,a„a Boulevard REZ(B-1 to R-10)Approved 10/17/1995 CUP(Church)Approved 10/17/1995 3 REZ(PD-H2 to Conditional B-1)Approved 12/05/1995 ) 4 4 REZ(PD-H2 to P-1)Approved 12/09/1985 J`/[/'�\\1\\\ R,0 R,0 R.0 5 LUP(Glenwood Land Use Plan)Approved 11/12/1984 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 STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 2 Evaluation & Recommendation This request to rezone the 2.17-acre parcel from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business to operate a retail store(Dollar Tree),in Staff's opinion, is acceptable.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it is in line with the vision of creating and maintaining"Great Neighborhoods".The reuse of the existing building that has sat vacant for 16 years will provide a much needed service to the community which allows those in the vicinity to walk or bike to obtain food,school and office supplies, and houseware products.The reuse of this building is encouraged in order to maintain neighborhood stability and high-quality standard of living for the current and future residents of the City.The proposal to reuse the existing footprint of the building is in conformance with the Comprehensive Plans' Special Area Development Guidelines for the suburban areas. The proffers have been crafted to prohibit the most objectionable uses that could be incompatible with the nearby residences. As a safeguard to the neighboring residential development,the following uses will be prohibited for any future development of the site:automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards;car wash facilities;commercial parking lots; parking garages, parking structures and storage garages; craft breweries;craft distilleries; dormitories for marine pilots; eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicles sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations;satellite wagering facilities;storage garages;tattoo parlors;and wine-tasting rooms. By limiting the uses allowed on the site, it will provide protection for the residential development as the majority of these uses generate high traffic volumes, create noise and are more intense uses that can adversely affect the quality of life and enjoyment of the adjacent residential property owners. To address concerns from the neighboring community regarding the shared access on Charlotte Way off of Round Hill Drive,the applicant worked with Staff and the community to construct a new access on Round Hill Drive solely for the retail use.The construction of this proposed entrance on Round Hill Drive will help to eliminate safety and increased traffic concerns for this small knit community. While both S. Independence Boulevard and Round Hill Drive are under capacity,Staff noted that the proposed retail use will likely result in a decrease in traffic generation when compared to the previous use of the site by a pharmacy. Based on these considerations, Staff recommends approval of this request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Dollar Tree— Independence Boulevard,Virginia Beach,VA,Conceptual Development Plan", dated June 14, 2021, and prepared by Timmons Group, Inc. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 3 Proffer 2: The quality of architectural design and materials of the retail building on the Property shall be in general conformity with the elevations entitled"Dollar Tree—Former Rite Aid", dated February 1, 2021, and prepared by RRMM Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The following uses will be prohibited on the Property:automobile repair garages and small engine repair establishments;automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards;car wash facilities; commercial parking lots; parking garages, parking structures and storage garages;craft breweries;craft distilleries;dormitories for marine pilots; eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicles sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations;satellite wagering facilities;storage garages;tattoo parlors; and wine-tasting rooms. Proffer 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Independence Boulevard 12,200 ADT' 15,000 ADT 1(LOS°"D") Existing Land Use 2—1,200 ADT Proposed Land Use 3—700 ADT Round Hill Drive 3,000 ADT' 20,700 ADT 1(LOS°"D") 'Average Daily Trips 2 as defined by a pharmacy 3 as defined by a 11,00 square °LOS=Level of Service with drive-thru foot retail store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Independence Boulevard, in the vicinity of this application, is considered a two-lane undivided minor suburban arterial. The MTP proposes a four-lane facility within a 110-foot right-of-way. No roadway CIP projects are slated for this area. Round Hill Drive, in the vicinity of this application, is considered a four-lane undivided collector street. The MTP proposes a four-lane facility within an 80-foot right-of-way. No roadway CIP projects are slated for this area. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water transmission main along S. Independence Boulevard and an existing 12-inch City water main along Round Hill Drive. Sewer The site is connected to City sewer.There is an existing 8-inch sanitary sewer gravity main along Round Hill Drive. Public Outreach Information Planning Commission • The applicant's representative discussed the proposal with the Glenwood Community Association and no objections were raised. On Tuesday, April 6, 2021,the applicant's representative met with the Honeybee Village Homeowner's Association to discuss the details of the request. According to the applicant, the proposal to operate a Dollar Tree store was well received; however,there were concerns for the safety of residents regarding the shared vehicular access points along Round Hill Drive. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 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 May 24, 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 June 3, 2021. Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1,2021 and August 8,2021. • 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 August 2,2021. • 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 August 13, 2021. Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 6 1 0 -o 0 V1 CD IZ N / CD r aJ EXISTING FULL-MOVEMENT ENTRANCE----_ cy q O ........ >* w�yprT, 7.-- el. Atv r, y LOADING SPACE m `�;' cr PROPOSED6 WHITE >,,, PROPOSED FULL-MOVEMENT ENTRANCE4i 1 k" £ 5 � - VINYL SCREENING FENC K, ri kl) PARKING TABULATION: ,---.. 56 TOTAL i 4 53 STANDARD 3 HANDICAPPED VAN ACCESSIBLE J .�,) <I. , NOTES 1. SUBJECT TO CITY APPROVAL, EXISTING ,i DIRECTIONAL SIGNAGE TO BE ff BUILDING Wl i J' """ r_�) INSTALLED IN PROXIMITY TO /;' , , 4 ''T PI THE PROPERTY'S ROUND HILL ,, �. a ^t` fir' DRIVE ANDS INDEPENDENCE S � I•a+ BLVD FRONTAGES IDENTIFYING - .-w�) _ ""�^^,y.«q„„, � rp le v�� THE ENTRANCE TO THE ( j� .,,, 9 ?' j COMMERCIAL PARKING AREA / f_,.-EXISTING PARKING LOT LOCATED ON THE PROPERTY. J j I j6 -J ISLAND TO BE REMOVED 2 SITE LIGHTING WILL BE -.- * t_—.-NEWPARKINGLOT INWARDLY AND DOWNWARDLY i f �� ! )- ISLAND DIRECTED,AND ANY EXISTING 7'}-�! ! --EXISTING PARKING LOT LIGHTING DIRECTED TOWARD m_ l r) � �- ISLAND TO BE REMOVED THE HONEY BEE VILLAGE STRIPING LOT COMMUNITY WILL BE REMOVED. 1/ )I �'l-'" EXISTING RIGHT-IN/RIGHT-OUT ENTRANCE p <I w �: w),w i'' -o c,i (D �I CE_BLV D. - 2 { - 5_INOPENDEN Vf p < =I � p - EXISTING FLEX-POST 00 &I DELINEATORS TO REMAIN 7 0) 07 (D n DOLLAR TREE - Independence Blvd, Virginia Beach, VA ,-^'� - Conceptual Development Plan-June 14,2021 TIMMONS GROUP tZ > "0 00 (D CD = M Iz Cr- (0 0) = - - n 0) N (D J 00 (l Proposed Landscape Plan a D O O ` 0 Z 0 f f 1 ,,. z a ao r wz ra z o' z a5 - Z-3W = FzW - Sl' ,,_ ., O�WZN'� • N X— \ - ~O Whil' ofW m, V' RNU'• 9 lJ _ � Wc�rcwaacw m�o� u+' Z aaz � �H!IIHh iii; ft OE mN CZ W W t W �w Nt r OW Wi y C t W N WmaN 6�, (� Ny6� lay'W= N W ,. 2i n NZ / !t W i ! ) _+. 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I 1 V•31 4 il� a0b � ^0.,' � mv wo dRom a O aO, ¢ ' V CI-6 i 44,1111,, C < $w.1' j _ z0 '= -- GVOiI IIIN GN(l Oii ) C n1 Eli wwo `a Wo aF 7 N NLL1❑ ¢?�ngo PE Wi xi C V z T8 zFrcO XOE iiE KO� ¢7! a5¢ °¢c7 a�L7 aaz /� 2 z0� xow= aF0 ck ¢ W ii w F-¢= w�¢x �+' C 7 �wN mW< NNOK W� 7�,F 770 RNZ �mW F¢5, v`a5¢ G« . d N t�O� NN°J NNz C w�zx w�¢= w.a W m W n OC o IF— ' Q m J —J a a� O " o c Q U Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 8 -o 0 0 in 4., rD co a -Adglldkllnhlih- .- • • 3' xi LI L J—L_l i • , • _ en L_i—Li --�' • ■._ iii ■■ fD ----- T . . _ ... . _.__ __„._w - _ q a ________-_-_-- .-.. I : 1111J _ crg T ur FRONT LEFT ELEVATION FRONT RIGHT ELEVATION — -- i..A Iz11."AL ji... d Cd',, I d Y i h�,t B nJ �'. LEFT REAR ELEVATION RIGHT REAR ELEVATION m o) to oi. N SW BALANCED BEIGE .., 4. . SW ENVY ii ISTOSANDSTONE 'w --rm'Ale 'c -MS 7 , _._ ._ 0o SW AESTHETIC WHITE 3 STO SMOKED PUTTY ® SW VIRTUAL TAUPE I I/ ii cTi 101r,j....... ! co cu EXISTING ELEVATION u 4 it Q. VIRGINIA BEACH, VA. Iemii co Dollar Tree - Former Rite Aid III CL Ot = February 1.202' '* 1 1 m = r- moon Site Photos _ - -J, Tok_ r _ N ‘ ,_,_. "-`� ft r` a It at:, - k f `' iv $d$>1It t A y Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 10 TT @Sed 8 wall epua9v ni 'aDuapuadapui yaeag e!u!Sain sai1adoad sei13 �,..+ �r-e. r..s T:TC7±j .,.�leafaalF t ;1 u t °-e pK ., `9fI '',. -d Ft -' .. _ +rase 0: r , _.. ____ i_____ . .: , ',.._... .._414._ , ._.. iUl: OP soloyd al!S 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 Elias Properties Virginia Beach Independence,LLC Does the applicant have a representative? I Yes 0 No • If yes,list the name of the representative. Robert P.Beaman Ill,Esq.-Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Martin Elias,Sole Member/Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a 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 t 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 1 I Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 12 Disclosure Statement Disclosure 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-collateraraatlon,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 Genworth Life Insurance Company 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 Real Estate,Inc. 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 li 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?❑Yes iii No • If yes,Identify the firm and individual providing the service. 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. Reviseu 11.09.2020 2 Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement \IS Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. I Irtlrn011h 1o!ial� 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Troutman Pepper Hamilton Sanders LLP;Robert P.Beaman Ill Applicant Signature I certify that all of the information contained in this Disclosure Statement Form,s 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. Applicant Signature Martin Elias,Managing Member Print Name and Title February 22,2021 Date Is the applicant also the owner of the subject property? NI 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 Noceangesasof Date 7/28/2021 sipratereGa.... P''"t"" Marchelle L. Coleman Revised 11.09.2020 3 I Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 15 41- Jam_. 4tL E,P :110*-- - '\-,t:1 t CITY OF VIRGINIA BEACH r'3 . INTER-OFFICE CORRESPONDENCE s79r•_ ., e�V OF OOR Now4S In Reply Refer To Our File No. DF-10606 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson V-P3 DEPT: City Attorney RE: Conditional Zoning Application; Elias Properties Virginia Beach Independence, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated June 15, 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/ka Enclosure cc: Nancy Bloom Prepared by: Robert P.Beaman HI,Esq.(VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this ay of 2021, by and between ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC, a New York limited liability company ("Elias", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee",to be indexed as grantee). WITNESSETH: WHEREAS, Elias is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1475-41-6438-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Elias has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from Conditional B-1 to Conditional B-2; and WHEREAS, the Property was a part of a prior re-zoning and was subject to a Proffer Agreement made on September 27, 1995, and recorded in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia in Book 3565, at Page 2130 (the"Old Proffer Agreement"). The recording of this Agreement shall replace the Old Proffer Agreement in its entirety. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Elias acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which Elias' rezoning application gives rise; and WHEREAS, Elias has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the GPIN: 1475-41-6438-0000 110677647v4 249149.000001 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by Elias and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions 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 the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, Elias has, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Elias, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "Dollar Tree — Independence Boulevard, Virginia Beach, VA, Conceptual Development Plan", dated June 14, 2021, and prepared by Timmons Group, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the retail building on the Property shall be in general conformity with the elevations entitled "Dollar Tree — Former Rite Aid", dated February 1, 2021, and prepared by RRMM Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots, parking garages, parking 110677647v4 249149.000001 2 structures and storage garages; craft breweries; craft distilleries; dormitories for marine pilots; eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; tattoo parlors; and wine-tasting rooms. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Elias covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, Elias shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of Elias and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 110677647v4 249149.000001 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC, a New York limited liability company: By: Martin Elias, Member/Manager Dated: Ckr1Lanf a-( STATE/GOMMONWE TH OF tiI eau `/v iK- el--TY/COUNTY OF IJa sscc,u. ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 6V—day of for , 2021, by Martin Elias, in his capacity as Sole Member/Manager of Elias Propertids Virginia Beach Independence, LLC, a New York limited liability company. He is either personally known to me or has produced as identification. J Witness my hand and official stamp or seal this o`er—day ofP,btuac.ry , 2021. Notary Public (SEAL) My Commission Expires: NIOQ. g, ao ROSEMARIE BRACKEN Registration Number: Di (c a3 07 a Notary Public,State New York b(o No..01BR6230786 Qualified in Queens County Commission Expires November 8,2022 110677647v3 4 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel 'X' as shown on that certain plat entitled "SUBDIVISION OF PARCELS "D-1" & "E-1" RESUBDIVISION OF PARCELS D & E, GLENWOOD, PHASE 2 (REFERENCED: D.B. 2722, PG. 1100-1101, CLERK'S OFFICE, VIRGINIA BEACH, VA) KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA", December 3, 1996, made by Lee S. Rood, P.C., land surveyors, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 258 at Pages 17 and 18. 110677647v3 5 Item # 8 Elias Properties Virginia Beach Independence, LLC [Applicant & Property Owner] Conditional Rezoning (Conditional B-1 Neighborhood Business to Conditional B-2 Community Business) 2749 S. Independence Boulevard July 14, 2021 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Great. Thank you. The next item is item eight, which is the Elias Properties in Virginia Beach Independence, LLC. Hi. How are you? Mr. Beaman: Thank you Madam Vice Chair. For the record, my name is Rob Beaman, local land use attorney with the Troutman Pepper Law Firm, here today on behalf of the applicant. We've had a chance to read the conditions and they are acceptable and we appreciate being on the consent agenda. Thank you very much. Ms. Oliver: Thank you. Is there any opposition for this being on the consent agenda today? Hearing none, Commissioner Klein is going to read this into the record for us. Ms. Klein: The applicant proposes to rezone a 2.17acre parcel from B-1 Neighborhood Business District, excuse me, to Conditional B-2 Community Business District in order to operate a commercial retail store in the vacant building on the site. The property was rezoned from PDH-2 to conditional B-1 back in 1995 for a pharmacy. In order to operate a general retail space, it needs a rezoning to B-2. It was previously a Rite Aid that was developed in 1997. It has since been vacant since 2005. The applicant is proposing a Dollar Tree in the space and no major structural changes are proposed. Based on the application and the considerations, the staff recommends approval of this request subject to the proffers and the commission agrees. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on 1 an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you.Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. 2 AYE 7 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Dollar Tree — Independence Boulevard, Virginia Beach, VA, Conceptual Development Plan", dated June 14, 2021, and prepared by Timmons Group, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the retail building on the Property shall be in general conformity with the elevations entitled "Dollar Tree — Former Rite Aid", dated February 1, 2021, and prepared by RRMM Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The following uses will be prohibited on the Property: automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots; parking garages, parking structures and storage garages; craft breweries; craft distilleries; dormitories for marine pilots; 3 eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicles sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; tattoo parlors; and wine-tasting rooms. Proffer 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 4 t:' w Li- O 1 CO g .`or 0 O V' 0 O .. N O O CO 0 03 N' El..\ 46444 1 T- O cp 1>c .4‘ .1*4'44 co 4 t .10 Q .°4, A` *.-A \ --..# il .0, *e • *\k'V #414,0" o \ °A 4 4#.7t #4111001.". Ui .0 4 AL'•v 4 ,40 Atil il dig.: 2 ca ‘ #(6 -4, MPIPM co 0 0 N�� d'� ) N -0 . NT.\.c v4# 13_, 'a § TON � N O \ �' oo 2 ) �� c� o v t enCe_ loulev-ar-d Independ § 14 CO it7rn 0 Q e N . \\00 \ \ „,......--slyr Atit'vav \ __ c13 a. en c , 00 ( Q ro . b1 r� z- z1 i� d1 CY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WITCHDUCK MEDICAL ASSOCIATES, LLC [Applicant & Property Owner] Conditional Change of Zoning (A-12 Apartment District to Conditional 0-1 Office District) for the property located at 4501 North Witchduck Road (GPIN 1478539304). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 17, 2021 • Background: The one-acre property, zoned A-12 Apartment District, has been utilized by medical office-type uses since it was permitted by Conditional Use Permit in 1975. Under current zoning regulations, an office use is not permitted as either a principle or a conditional use. In order to correct the legal nonconformity associated with the office use in the apartment district, a rezoning of the property is requested. There are no changes or alterations to the existing building associated with this rezoning request. • Considerations: Planning Commission concurs with Staff that the request to rezone the parcel for office use is compatible with the uses in the surrounding area and will correct a nonconformity issue. The property has been used for medical offices for the past 46 years and as proffered, only office type uses will be permitted on the property. The request to substitute the requirement of a ten-foot buffer yard with Category I landscape between the 0-1 Office District and A-12 Apartment District with a six- foot tall vinyl fence was deemed acceptable by both Staff and the Planning Commission. Due to the 24-foot wide drive aisle that is necessary to ensure fire apparatus access, there is deficient area to accommodate the required ten-foot wide buffer. The Planning Commission finds the request to be appropriate and placed this item on their consent agenda. 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 July 14, 2021 , the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 8-0. • Attachments: Staff Report and Disclosure Statements Location Map Witchduck Medical Associates, LLC Page 2of2 Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *-7 City Manager: AP Applicant & Property Owner Witchduck Medical Associates, LLC Agenda Item Planning Commission Public HearingJUly 14, 2021 City Council Election District Bayside 12 City of Virginia Beach Request Conditional Rezoning (A-12 Apartment District to Conditional 0-1 Office District) Staff Recommendation Approval ',4 . toilp.' Staff Planner ,°'",.- 6 ,,.k 4",„ Hoa N. Dao +�' �^' .� Location t,.,�`4 �,..,�`"� a ?" 4501 North Witchduck Road ^ � �• G PI N o �'4, , ' 4 1478539304 \,..:`',,.,,, '"° 0 0 s i s Site Size 1 acreiy ' r o AICUZ Less than 65 dB DNL Watershed Chesapeake Bay 1 erTIn Existing Land Use and Zoning District . ``T r .., y, ,>> i f Office/A-12 Apartment •" ''' '- a•. ;� ; Surrounding Land Uses and Zoning Districts North North Witchduck Road Y Hospital / 0-2 Office South Multi-family dwellings/A-12 Apartment East 1 ♦ _ Cathedral Drive f;-- Church/R-20 Residential, P-1 Preservation i''- • '}, West 1 . . ' Office/ B-2 Community Business *, Witchduck Medical Associates, LLC Agenda Item 12 Page 1 Background & Summary of Proposal • The one-acre property,zoned A-12 Apartment District,is developed as a medical office building that was permitted by Conditional Use Permit in 1975. The applicant seeks to rezone the property to Conditional 0-1 Office District and has proffered limitations on the use of the property to only office-type uses. • Under current zoning regulations,an office use is not permitted as either a principle or a conditional use. In order to remove the legal nonconformity associated with the office use in the apartment district zoning,a rezoning of the property is requested. • There are five office suites within the existing single-story office building. • There are no changes or alterations tothe existing building associated with this rezoning request. V a x \ 2 \ Zoning History # Request 1 CUP(Religious Use)Approved 03/20/2018 ��o°< 2 CUP(Religious Use)Approved 05/11/2010 3 \ /�� 3 CUP(Car Wash Facility)Approved07/01/1997 4 CUP(Hospital Expansion)Approved 04/26/1994 _ \�, 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 Evaluation & Recommendation The applicant's request to rezone the parcel for office uses,in Staffs opinion, is appropriate and in character with the surrounding area.The site has been utilized for medical offices for the past 46 years and as proffered, only office type uses will be permitted on the property. Directly across North Witchduck Road to the north is the Sentara Bayside Hospital on property zoned 0-2 Office District. South of the property is a townhouse community that is zoned A-12 Apartment District.Section 803 of the Zoning Ordinance requires a ten-foot buffer yard with Category I landscaping between the 0-1 Office District and A-12 Apartment District. In an effort to meet this requirement,a six-foot tall vinyl fence is proposed to screen the office building from the townhouses. Due to the 24-foot wide drive aisle that is necessaryto ensure fire apparatus access, there is deficient area to accommodate the required ten-foot wide buffer. The applicant seeks to substitute the ten-foot buffer yard with Category I landscaping with a six-foot tall privacy vinyl fence.Staff finds this deviation acceptable as the six-foot tall privacy fence will provide a solid screen thereby mitigating any impacts tothe adjacent property. Witchduck Medical Associates, LLC Agenda Item 12 Page 2 Based on the considerations described,Staff recommends approval of this request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall remain developed substantially as shown on the exhibit entitled"Physical Survey of L'Academy Motessurie Site Subdivision of Parcel D-1, Plat No.1 Survey of a Portion of the Estate of J.C. Hudgins Virginia Beach, Virginia",prepared by Ward M. Holmes Land Surveyor, P.C.,dated March 13,2017,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter"Site Survey"). Proffer 2: The architectural design and exterior building materials of the existing one-story office building depicted on the Site Survey will remain substantially as depicted on the photographic five (5) exhibits labeled "Existing Office Building @ 4501 N.Witchduck Rd,"#1,#2,#3,#4,#5,dated April 28,2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development. Proffer 3: All outdoor lighting shall be shielded, deflected,shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 4: The freestanding sign depicted on the Site Survey shall remain suspended between two(2) brick pillars,no greater than six feet(6') in height as depicted on the exhibit entitled"Office Building Sign @ 4501 N.Witchduck Rd"dated April 28, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. Proffer 5: Only the following uses shall be permitted on the Property: a. Business offices; b. Finance agency offices,banks; c. Government offices; d. Medical,optical and dental offices and clinics;legal,engineering,architectural and similar professional offices, accounting,auditing and bookkeeping offices; e. Office of miscellaneous business services;and f. Office of non-profit organizations. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments:The medical office building will remain a compatible use with the surrounding area and the building is consisting of high-quality materials with brick veneer and fiber cement lap exterior. Staff has reviewed the Proffers Witchduck Medical Associates,LLC Agenda Item 12 Page 3 listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area,which encompasses the preservation and protection of the overall character,economic value, and aesthetic quality of the existing surrounding neighborhoods. Preserving neighborhood quality and characteristic requires that all new development or redevelopment projects to maintain or enhance the existing characteristics of the area. Rezoning the subject property would help further preserve the existing office uses on the subject property and thus,is found to conform to the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There do not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Witchduck Road 1,400 ADT1 8,700 ADT 1(LOS 4"D") Existing Land Use Z-455 ADT Proposed Land Use 3—455 ADT lAverage Daily Trips gas defined by a 13,100 square 3 as defined by a 13,100 square 4 LOS=Level of Service feet medical office building feet medical office building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Witchduck Road is a two lane minor collector roadway. This portion of the roadway is not on the MTP and there are currently no CIP projects scheduled for this segment. Public Utility Impacts Water& Sewer The site is currently connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 2021. Witchduck Medical Associates, LLC Agenda Item 12 Page 4 • 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 July 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 1,2021 and August 8,2021. • 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 August 2,2021 • The CityClerk's Office posted the materials associated with the application on the CityCouncil website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on August 13, 2021. Witchduck Medical Associates, LLC Agenda Item 12 Page 5 Site Layout Plan i'atitl REMAINING PORTION OF PARCEL 0-1 � • ti 6' PRIVACY ��` $ FENCE2�Op .! f/ PAD CP. 4 . ASPHALT . • \ •4A�u V5 i� �, OH(F) t2.S' ....."" 1:.1.6.:1 :._.. ig ..\% }' tOt.6' u �6 lik • /ELEC Jr n it TRAMSD j a0 ` N r N 1 STORY BRICK a FRAME �°,.mot l \-tr. 31.9'D �,\ •.1 f7.7 :Ir COr� • J Sv Iiii. \........... o 0 \ZI.J.:::. c.7 37.0' � i 42.5' j Z 10.0 \$ 73 8 . : ASPHALT n ; cl ,z, N , . i Li E,1 i SIGN • -- N 72'3817 E 78.20 • ' •R•515.00' L�86.32 , Rla20.00' \ 2t' •.;_ s n N. INTCHDUCK ROAD (VAR. H7DTH R/W) Witchduck Medical Associates, LLC Agenda Item 12 Page 6 Proffered Building Facade __ ii L) . : 1 1 I _ _ I i j j j j WI s.1N _ '11 ' ' F Ex;s+;.,..5 c ;c.4.3w;vZ„• S ySo! N. 4 .j LLk 2a st-L Ap,,l zew2..t 4,,I,$,.._ i i t I"r - , , ,: ..ii,,,,,,,,o..,,„..• ..0 0_, ,„. , ,. .__,...,..,, I.I.i.i.....___... ... _ , .,.._, _ .71';•./=•'., Ni ---- , I,.. ,. Imo: U • rt ExAs4+ns pfb;c..e 30i , -k Rh S 'Sot N. W {}(x.)Z$204t Witchduck Medical Associates, LLC Agenda Item 12 Page 7 Proffered Building Facade 5 61.5-1-ret,s Ogic.4. 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':t.,.•... -, Witchduck Medical Associates, LLC Agenda Item 12 Page 12 Disclosure Statement Disclosure Statement CcY of 1'iyiw&uh 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 Witchduck Medical Associates,LLC Does the applicant have a representative? •Yes ❑ No • If yes,list the name of the representative R Edward Bourdon,Jr.,Esq.;Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Members/Managers:Gregory Meyer;Saileela Venkatesan • If yes,list the businesses that have a parent-subsidiary or affiliated business entity?relationship with the applicant. (Attach a list if necessary) "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(di)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 Witchduck Medical Associates, LLC Agenda Item 12 Page 13 Disclosure Statement Disclosure 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 providing the service. Southern Bank 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?a Yes ❑ No • If yes,identify the firm and individual providing the service. Daniel Hargrave,CPA 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?❑Yes •No • If yes,identify the firm and individual providing the service S. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 21 Witchduck Medical Associates, LLC Agenda Item 12 Page 14 Disclosure Statement Disclosure Statement cvm f yew.a.* Planning&Community Development 6. Does the applicant have a construction contractor,n connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Ward M.Holmes Land Surveyor,P.0 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. R.Edward Bourdon,Jr.,Esq.;Sykes,Bourdon,Ahern&Levy,P.C. 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. W tchdudc Medical Associable,LLC By Applicant Signature Gregory Meyer,Manager Print Name and Title iiA2b /.2aa Date Is the applicant also the owner of the subject property? ■Yes ❑ No • It 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 si 07.27.2021 Signature j Print Name - -Hoa N. Dao 31 Witchduck Medical Associates, LLC Agenda Item 12 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property,please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning /Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain tothis site. Witchduck Medical Associates, LLC Agenda Item 12 Page 16 GXN1.B'4c P 6 . �� '� CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE ,s - .. _ ` r ''9'f9 '' . 4 6 OF OUR N00004 In Reply Refer To Our File No. DF-10635 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsonr� DEPT: City Attorney RE: Conditional Zoning Application; Witchduck Medical Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated April 28, 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/ka Enclosure cc: Nancy Bloom WITCHDUCK MEDICAL ASSOCIATES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2021, by and between WITCHDUCK MEDICAL ASSOCIATES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1 acre which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional 0-1 Office District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1478-53-9304-0000 PREPARED BY ��SYICBS.POURDON, Prepared by: AIIE72N&LEVY.P.0 R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall remain developed substantially as shown on the exhibit entitled "PHYSICAL SURVEY OF L'ACADEMY MOTESSURIE SITE SUBDIVISION OF PARCEL D- 1, PLAT NO. 1 SURVEY OF A PORTION OF THE ESTATE OF J.C. HUDGINS VIRGINIA BEACH, VIRGINIA", prepared by Ward M. Holmes Land Surveyor, P.C., dated March 13, 2017, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Site Survey"). 2. The architectural design and exterior building materials of the existing one- story office building depicted on the Site Survey will remain substantially as depicted on the photographic five (5) exhibits labeled "EXISTING OFFICE BUILDING @ 4501 N. Witchduck Rd." #1, #2, #3, #4 and #5, dated April 28, 2021, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct PREPARED BY: S B SYKES.BOURDON. light down onto the premises and away from adjoining property. 1`I_ AHERN&LEVY.P.C. 4. The freestanding sign depicted on the Site Survey shall remain suspended between two (2) brick pillars, no greater than six feet (6') in height as depicted on the Exhibit 2 entitled "Office Building Sign @ 4501 N. Witchduck Road" dated April 28, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 5. Only the following uses shall be permitted on the Property: a. Business offices; b. Finance agency offices, banks; c. Government offices; d. Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping offices; e. Offices of miscellaneous business services; and f. Offices of non-profit organizations. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body PREPARED BY: of the Grantee, after a public hearing before the Grantee which was advertised pursuant to '7'SYKES.I OURDON. ,--AHERN&LEVY.P.C. the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance 3 or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: s B SUES,POURDON, V I. ABM&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: Witchduck Medical Associates, LLC, a Virginia limited liability company By: 7 (SEAL) /1-`-7371--- reeyer, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 28th day of April, 2021, by Gregory Meyer, Manager of Witchduck Medical Associates, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2022 GE �i• Notary Registration Number:192628 �CF3A,TM Jam'•• st n 11 :_ C C9i �• dam s: OJ 04 r P�'',�� • 4.8•1•61u%% PREPARED BY: SYIC£S.BOURDON. AII£RN&LEVY.P.0 5 EXHIBIT "A" All that certain piece or parcel of land, with the appurtenances thereunto belonging, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and known and designated as "L'Academy Montessurie Site, area = 1.000 acre", on that certain plat entitled, "Subdivision of Parcel D-1, Plat No. 1, Survey of a portion of the Estate of J. C. Hudgins (M.B. 72, P. 32), Bayside Borough, Virginia Beach, Virginia", dated April, 1970, and made by Frank D.Tarrall,Jr. and Associates,Surveyors and Engineers,Virginia Beach,Virginia,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 86, at Page 18, reference to which plat is hereby made for a more particular description of said property. GPIN: 1478-53-9304-0000 H:\AM\Conditional Rezoning\Witchduck Medical Associates Proffer Agreement.docx PREPARED BY: S\R SYKES.I3OURDON. \ L AHIERN&LEVY.P.C. 6 Items# 12 Witchduck Medical Associates, LLC [Applicant &Property Owner] Conditional Rezoning(A-12 Apartment District to Conditional 0-1 Office District) 4501 N.Witchduck Road July 14, 2021 RECOMMENDED FOR APPROVAL -CONSENT Ms. Oliver: Great. Thank you. The next item is item number 12, Witchduck Medical Associations, LLC located at 4501 N Witchduck Road in the Bayside District. Mr. Bourdon: Chairman, Commission members, Eddie Bourdon, Virginia Beach attorney representing medical—Witchduck Medical Associates LLC Conditional Rezoning all the proffers, we appreciate being on the consent agenda. Thank you. Ms. Oliver: Great. Thank you. Is there any opposition to this being on the consent agenda today? Hearing none,Commissioner Redmond is going to read this into the record for us. Mr. Redmond:Thank you, Ms.Oliver.This is a Conditional Rezoning from A-12 Apartment District to Conditional 0-1 Office District. This is in the Bayside District very near what we used to call Bayside Hospital. I guess we call it now Sentara Bayside Facility of some sort.This building has been here for46 years,this is a housekeeping matter. You know, it's an office building in an A-12 Apartment District; none of the offices will change. They are adding a fence to better screen the property. There is no opposition to this request, the zoning much better matches the, you know, the real use that occurs on this, and the commission therefore places it on consent. Thank you. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe 1 I can participate in this transaction decision fairly, objectively and in the public interest.And I will participate and vote on these items. Mr.Weiner: Thank you, Mr. Redmond. Mr. Redmond:Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties.The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia.All this is memorialized in a file—on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr.Weiner: Thank you sir.We have a motion for approval for the consent items. Ms.Wilson: Mr. Inman,are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms.Wilson: Okay,you should have abstained from voting on that one,on deferrals. If we could make sure that's in the record,there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr.Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr.Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor,zero against,with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19,20 and 25 have been recommended for approval by consent. Mr.Weiner: Thankyou. Thankyou for everyone who had an item on the consent agenda.They will be scheduled in the future with City Council and you will get the date on that. Next,we will move on to the regular items to be heard. 2 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Dollar Tree—Independence Boulevard. Virginia Beach, VA, Conceptual Development Plan", dated June 14, 2021, and prepared by Timmons Group, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the retail building on the Property shall be in general conformity with the elevations entitled"Dollar Tree —Former Rite Aid", dated February 1, 2021, and prepared by RRMM Architects(the"Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The following uses will be prohibited on the Property: automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots; parking garages, parking structures and storage garages; craft breweries; craft distilleries; dormitories for marine pilots; 3 eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicles sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; tattoo parlors; and wine-tasting rooms. Proffer 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally suffident and in acceptable legal form. 4 1 00 wr �� I �n , z Ili 7' f LI o , c, 0 I ;; I.,,e..�.4.. � � .„. 1 r____D‹ li [� 14 1 ��I Q 3 ! co �� _ ■�r�� r ra>„ c �� JIB o #11114111410P1 pbC� 1 Ij • 74 Io iria ♦.• a 4•0/e70•01qa en CJ Sr*/ 1 5: Mys ten- r ear ,+.1 i_�< Kra U)alarl,nal la" csi icwilly...N�r� ••�* 1 • �� ',. 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II r Ar fir' C el cm �Q� � < alift aft Z:c8 c ,r / , +� i;:z3, — Ili M Ni A (NMI -,, , / Aa $%/&*(4144itisain k linig 4.4 NI co _________ f ' aCPt fn a N m 1 , ....„ •tr-r-:-«* , ,,,...,,,,g,„„ Y CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: WINNER'S PROPERTIES, LLC [Applicant] HAYNES FURNITURE CO., INC & CH&B ASSOCIATES, LLP [Property Owners] Conditional Change of Zoning (A-12 Apartment District & Conditional B-2 Community Business District to Conditional B-2 Community Business District) Conditional Use Permit(Auto Storage Yard) Conditional Use Permit (Car Wash Facility) for the property located at 325, 349 & 361 Nelms Lane (GPINs 1467678119, 1467678323, 1467678469, 1467678669). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 17, 2021 • Background: The applicant seeks to rezone 3.41 acres from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District to operate an Auto Storage Yard and Car Wash Facility. The development is proposed to be completed in two phases. Phase I will be limited to the Auto Storage Yard on the entire 3.41-acre site. Phase II will include the construction of a 4,256 square foot Car Wash facility. According to the applicant, there is no timeline for the development of Phase II at this time. The proposed storage yard and car wash will not be open to the public and use will be limited to the applicant's auto dealership that operates on the adjacent parcel with frontage along Virginia Beach Boulevard. Vehicular access to the site will be from Nelms Lane, which serves as the single access street for the adjacent residential communities to the east, north and west of this site. The applicant agrees to limit the number of access points to this property to one and designate the northern access point for emergency vehicle use only. • Considerations: The proposal includes enhanced screening along Nelms Lane and the perimeter of the site as a 20-foot and 15-foot wide landscape buffer, where the Zoning Ordinance only requires a 10-foot wide buffer. In addition, while the storage area requires a solid fence of at least six feet in height, the applicant proposes an eight- foot tall fence. At the Planning Commission public hearing, the applicant presented an alternative site layout plan that shifted the car wash facility to the south, towards Virginia Beach Boulevard, based on concerns noted by the Commission during their informal briefing immediately prior to the public hearing. The Planning Commission recommends approval of the request with the modification to the site layout plan and deletion of condition 8 which is noted below with strikethrough text that required interior property lines to be vacated. Winner's Properties, LLC Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of support from the developer of the adjacent residential community and one letter of opposition was received. There were also two speakers in opposition at the Planning Commission public hearing. The opposition noted concerns related to incompatible use with the residential community, excessive lighting, narrowness of the road, general safety of residents, and increase in traffic. • Recommendation: On July 14, 2021 , the Planning Commission passed a motion to recommend approval of these requests by a vote of 6 to 1, with 1 abstention. Recommended Conditions for Auto Storage Yard: 1 . When the site is being developed, it shall be in substantial conformance to the site layout entitled `Conceptual Site Layout Plan for Phase 1 of Checkered Flag — Nelms Lane Virginia Beach, Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. Any lighting for the Auto 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. 3. The Auto Storage Yard shall be limited to vehicles from the applicant's dealership only. 4. Vehicles associated with this use, including but not limited to, tractor trailers use for transporting vehicles from and to the site, shall not park within the right- of-way. 5. The loading and unloading of vehicles from tractor trailers-shall be limited to the subject property and not within the right -of-way. 6. No driveways or vehicular access points shall be permitted along the northern property line. 7. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. Winner's Properties, LLC Page 3 of 3 8. Prior to site plan to the Department of Planning & Community Development for review, approval, Recommended Conditions for Car Wash Facility: 1 . When the site is being developed, it shall be in substantial conformance to the site layout entitled `Conceptual Site Layout Plan for Phase 2 of Checkered Flag — Nelms Lane Virginia Beach, Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the site is being developed, the design and architectural materials of the building shall be in substantial conformance to the elevation plan entitled `Checker Flag — Nelms Lane— Future Car Wash Building, prepared by Covington Hendrix Anderson Architects, dated June 10, 2021 , which has been exhibited to the City Council and is on file in the Planning Department. 3. The Car Wash Facility shall be limited to vehicles from the adjacent dealership only that has frontage along Virginia Beach Boulevard to the south and shall not be opened to the general public. 4. Washing, drying, vacuuming, or detailing of vehicles outdoors shall be prohibited. 5. No driveways or vehicular access points shall be permitted along the northern property line. 6. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Support (1) Letter of Opposition (1) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e7 City Manager: f`kP °NBApplicant Winner's Properties, LLC Agenda Property Owners Haynes Furniture Co., Inc & CH&B Items Associates, LLP 9, 10, Planning Commission Public Hearing July 14, 2021 11 Virginia Beach city Council Election District Kempsville Requests #9 -Conditional Rezoning (A-12 Apartment District &Conditional B-2 Community Business District to Conditional B-2 Community Business a \/ ! /M District) erR v 1-\ °ao' ia9,3,way �' #10-Conditional Use Permit (Auto Storage Yard) e-"4+,,h #11-Conditional Use Permit (Car Wash Facility) ' -) /_____1 eayO,,•,, g • i�ahs ty ay PlrataPla°1 E a Staff Recommendation y --, ;i Denial O' ° swim,.c Staff Planner �s,,,;a 4 Hoa N. Dao e�`he° `� ea t :' _ y o b Rom° 325, 349& 361 Nelms Lane 0 ` r } GPINs r 1467678119, 1467678323, 1467678469, 4, gt O : 669i i94 Size 3.41 acres Greenwich Road AT., -7-- IC AICUZ Less than 65 dB DNL Watershed Chesapeake Bay • . a, J �� Existing Land Use and Zoning District ��, , Undeveloped land/B-2 Community Business &A- i* 1, I. � e 12 Apartment , /, r +r� ��. ,,- Surrounding Land Uses and Zoning Districts =., North t _ Nelms Lane w< e eq Multi-family dwellings /A-12 Apartment ` South _ Retail/B-2 Community Business w �.�'+ 1 East r Nelms Lane 1 ' ilis _. - `;{•-- Multi-family dwellings, dealership/A-12 1 Apartment& B-2 Community Business West f Retail/B-2 Community Business Winner's Properties, LLC Agenda Items 9, 10, 11 Page 1 Background & Summary of Proposal • The applicant seeks to rezone 3.41 acres from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District to operate an Auto Storage Yard and Car Wash Facility. Both the Auto Storage Yard and the Car Wash Facility require Conditional Use Permits in the B-2 Community Business District. • The development is proposed to be completed in two phases. Phase I will be limited to the Auto Storage Yard on the entire 3.41-acre site.At some point in the future, Phase II will include the construction of a 4,256 square foot Car Wash facility and a reduction in the square footage of the Auto Storage Yard in order to accommodate the car wash building. According to the applicant, there is no timeline for the development of Phase II at this time. • The proposed storage yard and car wash will not be open to the public and use will be limited to the applicant's auto dealership that operates on the adjacent parcel with frontage along Virginia Beach Boulevard. • The submitted site layout plan shows sidewalks, and curb and gutter improvements along Nelms Lane, and proposed 20-foot and 15-foot-wide landscape buffers with an eight-foot tall privacy fence,thereby exceeding the minimum screening requirement for these uses. • Vehicular access to the site will be from Nelms Lane,which serves as the single access street for the adjacent residential community to the east, north and west of this site. • The submitted elevations for the car wash building depict an earth tone building with a metal roof,fiber cement siding, and split face CMU base, as depicted on page nine of this report. • The applicant has indicated that an underground stormwater system beneath the parking area will be installed to capture and treat stormwater runoff. Review for compliance with all stormwater regulations will be completed at the time of final site plan review. Q -0 4 'v 7.V,;.L 4,, 1„!" :IRi,,,1,,,,,, M Q cir � ilw„i ,� Zoning History 44. 74 ` ,�. ,Ali:!n, .m # Request ', 4,"' / 4 _: _ �, 1 CUP(Bulk Storage Yard)Approved 11/20/2018 i + _: -- _ , [ 2 CRZ(A-12&B-2 to Conditional B-2)Approved / �✓ % - �+.. 01/20/2015 1 IA; �5 4ENV"4 �, 1 C CUP(Auto Sales&Service)Approved 01/20/2015 a �j ' '), 3 MOD(Modification of Conditions)Approved 9 24 2013 il'in 1 AGE+.`,/,t`" _i:; '� _ �� Lit -_ CRZ(AG-2 to Conditional 0-2)Approved 11/08/1995 LIII t 400Q4 A. _ `� C'a1�; CUP(Private Club, Lodge,Social Center, Eleemosynary !,` �" ;� : ,,,o Establishment,Athletic Club)Approved 11/08/1995 v w., ► :: yry _- ,,/ ,„/ 4 CRZ(A 12 to Conditional B 2)Approved 02/27/2001 /poi >, `- r�� 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 Winner's Properties, LLC Agenda Items 9, 10, 11 Page 2 Evaluation & Recommendation The proposal to rezone the 3.41-acre site for commercial uses at this location, in Staff's opinion, is not acceptable.The Comprehensive Plan recommends that developments within the Suburban Area preserve and protect the overall character, economic value, and aesthetic quality of the existing surrounding neighborhoods. One of the guiding development principles of the Suburban Area is the creation of"Great Neighborhoods,"which can be achieved by providing a stable and sustainable neighborhood supported by complimentary non-residential uses.The access to the property is proposed from Nelms Lane which is the only access way to the residential dwellings in the neighborhood. The proposal to rezone the property for auto-centric commercial uses that will not be neighborhood serving and not complementary to the residences in the vicinity is deemed to be inconsistent with the vision of the Comprehensive Plan. The existing A-12 zoning is consistent with the zoning of the property across Nelms Lane. Staff does not believe that this proposal, including the voluntary proffers included with the application, is designed to sufficiently project the integrity of the adjacent residential properties.The proposed uses at this location, regardless of the content of the proffer agreement, present difficulties with regard to compatibility as described herein. The surrounding area is a well-established residential community with one-way in and out by a single roadway, Nelms Lane. With Nelms Lane serving as the only access point for the residential community adjacent to this development, Staff is concerned with the nature of the Auto Storage Yard that includes large tractor trailers transporting and delivering vehicles to the site.The proposed plan also depicts that an existing non-compliant driveway will remain and be blocked with a fence. In Staff's opinion, this could hinder access on Nelms Lane for residents in the community. In addition,the aesthetic associated with the car wash and large auto storage yard will do little to enhance the community. While Staff found the proposal to be incompatible at this location and has concerns regarding traffic congestion and safety, Staff appreciates the applicant's wiliness to work with Staff to enhance the landscape buffers along Nelms Lane to 20 feet wide and increase the fence height from six to eight feet tall.These enhancements exceed the minimum Zoning Ordinance requirements for a 10-foot landscape buffer with Category VI screening. In addition, the building's exterior was modified from an industrial metal building type to include earth tone colors,cement fiber board lap siding and trim that are more in line with the surrounding residential area.The applicant also agrees to limit the number of access points to this property to one and designate the northern access point for emergency vehicle use only.This reduces the potential for vehicular conflicts on Nelms Lane. Based on the considerations described above, Staff recommends denial of these requests; however, should the Planning Commission contemplate approval,the following proffers and conditions are provided for consideration. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the entrance,streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF CAR WASH W/ BULK STORAGE FOR CHECKERED FLAG—NELMS LANE",dated 04/16/2021, prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Winner's Properties, LLC Agenda Items 9, 10, 11 Page 3 Proffer 2: To the extent that the Property is developed with a car wash facility,there will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 3: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting will not be erected any higher than fourteen (14)feet. Proffer 4: When the Property is developed,the storage yard as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six(6)feet in height, except where prohibited by Section 201(e)(1)and Category VI landscaping as per Section 228 of the Zoning Ordinance. Proffer 5: When the Property is developed,the Property will utilize Category VI landscaping,and will include evergreen shrubs or a combination of trees and shrubs, which will better screen the proposed use from the surrounding residential uses. Proffer 6: To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will restrict any water produced from said facility from falling upon or draining across public streets or sidewalks or adjacent properties. Proffer 7: To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will include the required minimum parking spaces as required by Section 228.1 of the Zoning Ordinance. Proffer 8: When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. Proffer 9: The parcel to the south currently zoned B-2 may be used in the future for employee and customer parking, if, prior to such use, C H & B ASSOCIATES, L.L.P. submits plans to the Development Services Center(DSC)to ensure compliance with the applicable landscape,fencing and other Virginia Beach Ordinance requirements; thereafter,the southern border of the remaining portion of the Property shall utilize the landscaping and fencing consistent with the Property's other boundaries. Proffer 10: Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:The proposed proffers provide assurance for enhancing screening of the site and minimize vehicular impact to the surrounding residential community. Staff has reviewed the Proffers listed above and does not believe the proffers provide protections to the surrounding residential community. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 4 Recommended Conditions for Auto Storage Yard 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled 'Conceptual Site Layout Plan for Phase 1 of Checkered Flag—Nelms Lane Virginia Beach,Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. Any lighting for the Auto 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. 3. The Auto Storage Yard shall be limited to vehicles from the applicant's dealership only. 4. Vehicles associated with this use, including but not limited to, tractor trailers use for transporting vehicles from and to the site, shall not park within the right-of-way. 5. The loading and unloading of vehicles from tractor trailers shall be limited to the subject property and not within the right-of-way. 6. No driveways or vehicular access points shall be permitted along the northern property line. 7. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. 8. Prior to site plan approval, the applicant/owner shall submit a subdivisioR plat to the Department of Planning & Recommended Conditions for Car Wash Facility 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled 'Conceptual Site Layout Plan for Phase 2 of Checkered Flag—Nelms Lane Virginia Beach,Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the site is being developed,the design and architectural materials of the building shall be in substantial conformance to the elevation plan entitled 'Checker Flag—Nelms Lane—Future Car Wash Building, prepared by Covington Hendrix Anderson Architects, dated June 10, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 3. The Car Wash Facility shall be limited to vehicles from the adjacent dealership only that has frontage along Virginia Beach Boulevard to the south and shall not be opened to the general public. 4. Washing, drying, vacuuming, or detailing of vehicles outdoors shall be prohibited. 5. No driveways or vehicular access points shall be permitted along the northern property line. 6. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Suburban Area, which encompasses the preservation and protection of the overall character, economic value, and aesthetic quality of the existing surrounding neighborhoods. Preserving neighborhood quality and characteristics requires that all new development or redevelopment projects to maintain or enhance the existing characteristics of the area, including efforts to protect the natural environment and the historic and cultural resources. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods," which can be achieved by providing a stable and sustainable neighborhood supported by complimentary non-residential uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Nelms Lane No Data Available 9,900 ADT 1 LOS°"D„ Existing Zoning Z—475 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a 21,779 square 3 No information available in the 4 LOS=Level of Service feet parcel zoned B-2 and 2.8- ITE Trip Generation Manual for acre parcels zoned A-12 event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Nelms Lane is a two-lane local street. This roadway is not included in the City's MTP, and there are no current CIP projects planned for this portion of roadway. Public Utility Impacts Water Future development of the Car Wash Facility will be required to be connected to City water. There is an existing 8-inch City water main along Nelms Lan and 4-inch water main along Tuttle Creek Court. Sewer Future development of the Car Wash Facility will be required to be connected to City sanitary sewer. There is an existing 8-inch gravity sanitary sewer main along Nelms Lan and 4-inch force main along Nelms Lane. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 6 Public Outreach Information Planning Commission • One letter of support and one letter of opposition were received by Staff.The opposition noting concern related to incompatible use. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 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 July 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 1, 2021 and August 8, 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 August 2, 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 August 13, 2021. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 7 Proposed Site Layout Plan — Phase I .A»M1 . .R VK'91041:,..IOBi 1b1,00YV�•We I MTV. i`` gel Ron owkr uxA oo ` ,yes MKnK,va b -1� #, a f, " -riiin Oi4 -` 1 . . . , `tt I I 1 . .wr»oc 1 1 ' d -- 'swimsn MO+v Id RORNT,LK A,t>OC 1 '. , ,Roroao.•,o au VORNIC NV, OVww1v ....; tX 1. \ \ • i o. ,� it RVK/1TO MVP 02 \ I ,. ft „ LTa 1 1 • • 1 �� _ .�RIIK•1DlL'JLL led r\ \,._ 1. OI,W.AL4.CYO..,nal f *l • I/- wa•110•0/1t M ltY� \alONA Y ` • \ RJOtrNi! AVM ' ,1\ lillit,i 1, 141 , ..\ 01 aulrl�l(!C , _.� ` `� A510 111 l w,r1 a u1., — -- ; 6R K WIJ�r A•OA2 r/ �`/..\ , �, x e v nrre uaaas MAO,*vteat oeaner- �.. *t3f I if .l rw'sven✓�Tc '� ii. -- - - - - - - - - - - - _ 1 1` l \ A,•>[ Winner's Properties, LLC Agenda Items 9, 10, 11 Page 8 Proposed Site Layout Plan — Phase II ..Lh a .e r,� w .-t.,,.. ., i If ICUS LIE OM IVO ; AI* MI DISNA,?.. ‘111, '�� Ll b r--. .,sue �. % •—...o...e F WV rt..••+e 1ll1.s111u+ua . \ . _ C.....tees •\ . . \ •i ra.er..fit t INIVIIIIIIIIK•...Ow r11f/..O•A. • 1 w.7pn:WC?6 Mel Ifs ' ` •�. !vK/„R'!w•O S 0 \\\I\ —Iwo-.aa uoumox i ro oou fa. werwre , V.WINO•u•Qom.emu � , � , is .l ri- s - _ . — Amn , e ." '. ..\11" s-",ram ....N.r►.. I....--Jr--- -az..wit i 11 illilill- 'A V, IMAM at ill\ ,\-;% \ ---- i a..MA•IhOJ/ ...' ' \ _— -- Alli‘ t‘r-.:-.10Sa••,.,**"...ft I,I� , f•1 O R7,C 4eC.71 "..*0 4'000I2 RADON, 1 -• :K W. 1 1 -4400 vM.M.UM•I.s \ \\ 1 a u IONS Winner's Properties, LLC Agenda Items 9, 10, 11 Page 9 Proposed Car Wash Facility Elevation Plan 11 �aII 6f 6i 1 hill' l h Ali n .,._ E !z Y E al I Z ___ 1 I iiiiiw1 1 ill 11II i I 1 W i f 11 z E. 6 z LL Q z 1 p i 1 Q ii.' 1 ,, J L ii 1 .:-) ir . \k t..1 i[p Sf ld i jai it EA s 1, A its II I - $SIM , r + ICI 5 a - i i ' •l Lu z I Q J 1 d W tlfiff1! z Q o cc llIl;�r li ll O Q I 3 wI — r O Q f E w 4 ~a 3 6 I. i i � s a1 ° 3 t L. �x h 9 w Winner's Properties, LLC Agenda Items 9, 10, 11 Page 10 Proposed Car Wash Facility Floor Plan i 2,4 i 0 0 0 0 O =r° °\ -_ ilo I I o I r a . _ o an 1 ® I ? 1 " O. - - 1 l GOD —II / La 'O J 0 r litiwoxilt3° CI 14 CIE I= CID I b 1 I ,a ODI / \ // ° 444► FW i o -- ...r 1:7 '-co- ---'''' I . \----1W-7)-L-71 6-- /''-r • • C.)" 1 I 1 p I ,e , .. , T , . .„ d (-_,4 i(:)\/1\0 ck SCHEMATIC FUTURE CARWASH BUILDING Winner's Properties, LLC Agenda Items 9, 10, 11 Page 11 Site Photos �,-s .,z. - ` - rye:• .i , .. fia .. ,......_. .. .„. ,,.., ,. ..,.,:.,..,...,..... ...„... ,,...,, .,..,,• . . ..,.. -4 :- -,.-.,..,t'i?-•.— -- --'2• t 2 ,i • L,. Wig' u r ii 44 t. r a � l 41.i ..,01- l'4,...- 1 :,:ts,, 4fht4. _-_,.,-,,A;:.°.'.. , ' '' '-' . , Ri��.. yam ey a .. _ ..,...,„,. .___.____ ____;,.....,,,7,_,....,.,.., ems= `;___ -- =; —tea we - -. Cam . � : .7.A.. v a�14'4 xx_'PiY tseis ) 9 ,!i 2 to a aG__. - d. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 12 Site Photos _ � . . f s.+�'�m , �• .5. l .Ir 'W 4,1it.,k4if•nJM�YSiiI..�Lr`lJbew......� w Fro f { '.:' W ' Prrti , LLC Agendainners Itemsope 9,es 10, 11 Page 13 Disclosure Statement Disclosure Statement 151Y o!! Bads 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 Winner's Properties,LLC Does the applicant have a representative? ■Yes ❑ No • If yes,list the name of the representative. Kyle D.Korte,Esq.and Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephen M.Snyder,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary} Please See Document Attached as Exhibit"A." 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of en 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 1 I P a-. e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 14 Disclosure Statement Disclosure Statement A/13 C:ry v!1'uvrto 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 IN 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 providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? II Yes ❑ No • If yes,identify the company and individual providing the service. Collier's International Virginia LLC(Tyler Brooks) 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 I 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?I Yes ❑ No • If yes,identify the firm and individual providing the service. Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 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. Revised 11.09.2020 2 I P a g Winner's Properties, LLC Agenda Items 9, 10, 11 Page 15 Disclosure Statement Disclosure Statement [n�,of 1'rp,na pooh Planning& Community - Development a _ 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 III No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. 1:MSA,P.C.;2:Billy Garrington 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?A Yes 0 No • If yes,identify the firm and individual providing the service. Wolcott Rivers Gates,P.C. 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. Applicant Signature ieljb . e e $,,1a/.itr1 "4 e/ Print Name and Title y-Zl— ZOZ l Date Is the applicant also the owner of the subject property? 0 Yes If No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must he updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 1 Date No changes as of Signature — — Print Name • 1 Revised 11.09.2020 3 I P a g e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 16 Disclosure Statement Disclosure Statement CO.ofro,"".NM, Planning&Community Development Owner Disclosure Owner Name Haynes Furniture Company,Incorporated Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please See Document Attached As Exhibit"B." • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Please See Document Attached As Exhibit"C." 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 II 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 entitles. 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 entitles;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 5 I P a g e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 17 Disclosure Statement Disclosure Statement Clip M l'W,rw Ina 3. Planning COMMU Dew elopment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,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/reaftor 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 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. 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. 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. 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?❑Yes • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Winner's Properties, LLC Agenda Items 9, 10, 11 Page 18 Disclosure Statement Disclosure Statement V13 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?a Yes ❑NO • If yes,identify the firm and individual providing legal the service. Willcox i3 Savage,P.0 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 rv« 1 ret_dluvt 5VP_ CFO 1-1 n44 RO ;4%04. COM piesTrot. Print Name and Title ,111,51 Date Revised 11.09.2020 7 1 P a g e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 19 Disclosure Statement Disclosure Statement Planning&Community Development Owner Disclosure Owner Name C H&B Associates,L.L.P. Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please See Document Attached As Exhibit'D." • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Please See Document Attached As Exhibit"E." 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? '"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 entitles. 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 entitles;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 5 I P a g e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 20 Disclosure Statement Disclosure StatementVi3 r+�1 •w.i 74+.e lanning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any fnandng in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes it 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 W No • 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?❑Yes k No • If yes,identify the firm and individual providing the service. 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?0 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?❑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?0 Yes I 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?0 Yes I No • If yes,Identify the firm and individual providing the service. - I Revised 11.09.1020 Wage Winner's Properties, LLC Agenda Items 9, 10, 11 Page 21 Disclosure Statement Disclosure Statement \13 'fanning&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 IN 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,l 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. OvirW Signature t,a Print Name and Title (Date Revised 11.09.2020 7 I P a g e Winner's Properties, LLC Agenda Items 9, 10, 11 Page 22 Disclosure Statement Exhibit A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#7,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 23 Disclosure Statement Exhibit B Officers of Haynes Furniture Company,Incorporated E.J.Strelitz President/CEO and Director Bonnie Stclitz Brand Director and Vice President Brian L Strelitz Director and Vice President Randi R.Strelitz Executive Vice President Director Other Officers(Vice Presidents): Bryan Bach(EVP) Brian Hostetler Mikc Lavelle(SVP) Stephanie Mallette Yalixa Rios Jim I heobald(VP and CIO) Rebecca Whidden Winner's Properties, LLC Agenda Items 9, 10, 11 Page 24 Disclosure Statement Exhibit C Affiliated Business Entities of Haynes Furniture Company,Incorporated Ilaynes Distribution,L.L.C. Haynes Chippenham Plaza,L.L.C. 5324 GP,Inc. 1 5324 VBB,L.L.C. Strelitz Advertising Agency Jefferson Avenue Properties,L.L.C. New Venture Holdings,L.L.C. Capitol Associates L.L.C. Columbia Military,L.L.C. Strelitz Brook Road,L.L.C. West Broad Street,L.L.C. Oaks 422,L.L.C. Texas Forty-Five North,L.L.C. Sidney Marcus Blvd.,L.L.C. Tempe Eliot Road,L.L.C. Highland Lombard,L.L.C. Waukegan Road,L.L.C. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 25 Disclosure Statement Exhibit D Members of C H&B Associates,L.L.P. Lawrence E.Fleder Manager of C H&B Associates,L.L.P. The Caplan Family Trust 1976 Hecht Family 1976 Trust Partnership The Fleder Family Trust 1976 Winner's Properties, LLC Agenda Items 9, 10, 11 Page 26 Disclosure Statement Exhibit E Affiliated Business Entities of C H&B Associates,L.L.P. Chapts,L.L.C. Brenneman Lakes Apartments,L.L.C. CH&B Birchwood,L.L.C. Cleveland Interstate Associates,L.L.C. CPA Shoppers,L.L.C. Mach One,L.L.C. South Plaza Apartment Land,L.L.C. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 27 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. Winner's Properties, LLC Agenda Items 9, 10, 11 Page 28 p air"b, • - ',,1 ANIL- ..+1 )i 4 cif ii = 1: 6 iee CITY OF VIRGINIA BEACH 2 INTER-OFFICE CORRESPONDENCE d OF ' r• OUR Noo. In Reply Refer To Our File No. DF-10634 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson ,1. DEPT: City Attorney RE: Conditional Zoning Application; Winner's Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated April 30, 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/ka Enclosure cc: Nancy Bloom HAYNES FURNITURE COMPANY, INCORPORATED, a Virginia Corporation C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership WINNER'S PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April, 2021, by and between HAYNES FURNITURE COMPANY, INCORPORATED, a Virginia Corporation, party in the first part, Grantor, C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership, party in the second part, Grantor, WINNER'S PROPERTIES, LLC, a Virginia limited liability company, party in the third part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party in the fourth part, Grantee. WITNESSETH: WHEREAS, the party in the first part is the owner of three parcels of land located in the Kempsville District of the City of Virginia Beach, containing approximately 3.56 acres, as more particularly described as"Exhibit A" attached hereto and incorporated herein by reference; and WHEREAS, the party in the second part is the owner of one parcel of land located in the Kempsville District of the City of Virginia Beach, containing approximately 0.5 acres, as more particularly described as "Exhibit B" attached hereto and incorporated herein by reference (the "325 Parcel"). Said parcels as described in Exhibit "A" and Exhibit`B"are herein collectively referred to as the "Property"; and GP1N NO.: 1467-67-8669 Prepared by: Kyle D. Korte, Esq. 1467-67-8469 Wolcott Rivers Gates 1467-67-8323 200 Bendix Road 1467-67-8119 Suite 300 Virginia Beach, VA 23452 Telephone: (757) 497-6633 Facsimile: (757 497-7267 WHEREAS, the party of the third part, as contract purchaser of three parcels of land within the Property and contract tenant of one parcel of land within the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of three parcels of land within the Property from Al2 Apartment District to Conditional B-2 Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF CAR 2 WASH W/ BULK STORAGE FOR CHECKERED FLAG — NELMS LANE", dated 04/16/2021, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. To the extent that the Property is developed with a car wash facility, there will be no more than one (1) enclosed building as depicted on the Concept Plan. 3. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen(14) feet. 4. When the Property is developed, the storage yard as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height, except where prohibited by Section 201(e)(1) and Category VI landscaping as per Section 228 of the Zoning Ordinance. 5. When the Property is developed, the Property will utilize Category VI landscaping, and will include evergreen shrubs or a combination of trees and shrubs, which will better screen the proposed use from the surrounding residential uses. 6. To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will restrict any water produced from said facility from falling upon or draining across public streets or sidewalks or adjacent properties. 7. To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will include the required minimum parking spaces as required by Section 228.1 of the Zoning Ordinance. 8. When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. 9. Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and A-12 Apartment Districts and B-2 Conditional Business Districts, and to the requirements and regulations applicable thereto refer 3 to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until the use of the Property is no longer as a bulk storage yard and/or carwash facility, or until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, abatement, damages, or other appropriate action, suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Signature Page Follows] 5 WITNESS the following signatures and seals: HAYNES FURNITURE COMPANY, INCORPORATED, a Virginia corporation By: / """ - — — — (SEAL) Name: Title:$ - V P - STATE OF VIRGINIA CITY/COUNTY OF V I CGS. 7 0,6, _.to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that - 0 . C_PO of Haynes Furniture Company, Incorporated, a Virginia corporation, whose name is signed to the foregoing instrument, has acknowledged the same before me this 33 day of � . 2021, who is personally known to me or has produced as identification. Notary Public My Commission Expires: ( 3 My Commission Number: �� \ssA syo'••, 4:•'•NOTARY ' A PUBLIC REG#7517681 MY COMMISSION p EXPIRES \ '� • 113112024 C� 6 C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership By: 0// (SEAL) Name: 11 Title: •(1/(,_ STATE OF VIRGINIA CITY/COUNTY OF \ iR8',(\ rr,(N t�P. , to-wit: I, the undersigned, a Notary Public in and for my City/Gekifity and State aforesaid, do hereby certify that Lau3Res-ce. ka.eQ- ,c ( of C H & B Associates, L.L.P., a Virginia limited liability general partnership, whose name is signed to the foregoing instrument, has acknowledged the same before me this d2qday of (1 2,\ , 2021,who is personally known to me or has produced as identification. j"\A:zis \\ Notary Public My Commission Expires: 'l 31‘2oZ1 \\`\��„�iiiiitii,iiii vs „„ My Commission Number: Z e( L - m = rz? a ft•OOti N .. 7 WINNER'S PROPERTIES, LLC, a Virginia limited liability company By: (SEAL) Name: $r/ to'A e,7 51fd-er Title: f'1l tirt., gG✓ STATE OF VIRGINIA CITY/COUNTY OF Nti c\ S k\ , to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that GA , it tilt of Winner's Properties, LLC, a Virginia limited liability company, whose name is sign-• to the foregoing instrument, has acknowledged the same before me this cXdl day of , 2021, who is personally known to me or has produced as identification. Notary Public My Commission Expires: LI 0_0;0, ��,,,a„UU'U,,,,,,,,,,,, My Commission Number: 1� RED SBA n': MY c �621 : O - •cq�TH OF`��.� ,u,nu u,,,,,, 8 EXHIBIT A Property Description for GPIN No. 1467-67-8669 All those certain lots,pieces and parcels of land, together with the improvements and appurtenances thereto, located, situated and being in the City of Virginia Beach, Virginia, described as follows: PARCEL I: Beginning at a pipe, a corner of the property of Wilson-Seville, and the property of Martin, as shown on said plat, and running thence North 12 deg. 45 min. East 417.6 feet; thence running North 56 deg. 45 min. West 523.7 feet to the eastern boundary of a 20 foot right of way, thence South 16 deg. 12 min. West of 409.2 feet, along the eastern line of said 20 foot right of way to where is intersects the northern line of the property of Wilson-Seville, as shown on said plat thence running South 56 deg. 45 min. East 550 feet to the point of beginning, containing 5 acres. The said parties of the first part Both further grant and convey to said grantee a right of way, the width of 20 feet, running to the Va. Beach Boulevard as shown on said plat. The grantors herein agrees that in the event they succeed in acquiring a 20 foot right of way on the East side of the above described property, and other property of the grantor to the north of the property hereby conveyed, they the said grantors, doth hereby agree to convey to the trantee the 20 foot strip of land on the west side of tract"C" as shown on said plat, provided the said grantor can obtain the consert of the owners of all the tracts on the above plat to close said 20 foot right of way extending down thru the center of said plat. The grantors reserve the right to remove the building now on said property not later than July 15, 1948. LESS AND EXCEPT that certain conveyance to Faith Baptist Church appearing of record in Deed Book 606,page 206. PARCEL II: All that certain parcel of land situate, lying and being in Kempsville Magisterial District, Princess Anne County, Virginia, and being a portion of Section"C" as shown on a certain plat of the property of Minnie L. Woodward, near Davis Corner in said County, made by W.B. Gallup, County Surveyor, and recorded with the deed from Minnie L. Woodward and husband to Elbert R. Johnson in Deed Book 253 at page 444, in the Clerk's Office of said County; said portion of Site"C"being bounded and described as follows: Beginning at the intersection of the eastern line of a 20 foot right-of-way and the property of Wilson-Seville as shown on said plat and running thence along said right of way N. 16" 12' E 212 feet; thence S 56"45' E 212 feet; S 16" 12' W 212 feet and thence along the property of Wilson-Seville 212 feet to the point of beginning and containing One(1.0) acre more orless, and 9 is a portion of the property conveyed to Elbert R. Johnson by deed of Minnie L. Woodward and L. A. Woodward, husband and wife, dated May 17, 1948, and recorded in Deed Book 253, page 444, in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia. Together with the right of user in a right-of-way the width of 20 feet, running to the Virginia Beach Boulevard, as shown on said plat. LESS AND EXCEPT the conveyance to Faith Baptist Church appearing of record in Deed Book 606, at page 206. Property Description for GPIN No. 1467-67-8469 ALL THAT certain tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying situate and being in the City of Virginia Beach, as shown on that certain plat entitled "Plat Showing Property Owned by W. C. Tingle, Jr.," made by L. D. Fletcher, Reg. Eng., dated September 1954, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 374 at page 297, reference to which said plat is hereby made for a more particular description of the property. Property Description for GPIN No. 1467-67-8323 All that certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Kempsville Borough, Virginia Beach (formerly Princess Anne County), Virginia, and situated on the North side of the Virginia Beach Boulevard between Chinese Corner and Davis Corner (and near 7326 Virginia Beach Boulevard under the present system of numbering), and more particularly described as follows: BEGINNING at a point on the Western side of a 30 foot road now known as Nelms Lane, which point is derived by starting from a pin at the intersection of the Northern right-of-way line of Virginia Beach Boulevard (as widened) and the Western right-of-way line of Nelms Lane (State Highway Plat Book 8, at page 190), thence running along the western right-of-way line of Nelms Lane the following four courses: North 80°14'O 1" East 22.89 feet to a point; and thence North 17°15'59" East 276.95 feet to a point; thence South 59°16'24" East 10.26 feet to a point; and thence North 17°39'36" East 100.00 feet to a point where the western right-of-way line of Nelms Lane intersects the boundary line between the land conveyed to CH&B Associates, L.L.P. (Deed Book 3830, at page 357) and the land conveyed herein, said point being the Point of Beginning (said four courses being formerly collectively described as North 17°20' East 413 feet from the Northern side of Virginia Beach Boulevard), and from said Point of Beginning running thence North 59°34' West 226.90 feet to the dividing line between this property and the property formerly of Marvin W. Brown; thence turning and running along the dividing line between this property and the property formerly of Marvin W. Brown North 17°20' East 200 feet to a point; thence turning and running South 59°34' East 226.90 feet to the Western side of the 30 foot 10 road; thence running and running along the Western side of said 30 foot road South 17°20' West 200 feet to the Point of Beginning. 11 EXHIBIT B Property Description for GPIN No. 1467-67-8119 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and more particularly bounded and described as follows: BEGINNING at a point on the Western side of Nelms Lane, which point is North 17 degrees 20 minutes East 298.43 feet from the Northern side of Virginia Beach Boulevard, and from said point beginning running thence North 59 degrees 36 minutes West 226.38 feet to a pin; thence turning and running North 17 degrees 20 minutes East 100.00 feet to a point; thence turning and running South 59 degrees 34 minutes East 226.75 feet to the Western side of Nelms Lane; thence turning and running along the Western side of Nelms Lane South 17 degrees 20 minutes West 100 feet to the point of beginning. 12 Items #9, 10 & 11 Winner's Properties, LLC [Applicant] Haynes Furniture Co, Inc. [Property Owner] Conditional Rezoning (A-12 Apartment District and B-2 Business District to Conditional B-2 Business District) Conditional Use Permit (Auto Storage Yard) Conditional Use Permit (Car Wash Facility) 349 & 361 Nelms Lane July 14, 2021 RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next agenda items are 9, 10, and 11. Winner's Properties, LLC, an application for a Conditional Rezoning A-12 Apartment District and B-2 Business District, to Conditional B-2 Business District on property located at 349 and 361 Nelms Lane in the Kempsville District. Mr. Weiner: Welcome sir. How are you? Mr. Garrington: Thank you Mr. Chairman, ladies and gentlemen of the Planning Commission for the record, Billy Garrington on behalf of the applicant, I also had Mr. Kyle Korte with Wollcott Rivers with me here in the audience. Mr. Chairman the request that you have in front of you today is for Winner's Property, LLC.The property is located at 349, 361 on the north side of Nelms Lane. I'm sure most of you by this time have figured out Winner's Property LLC, is actually the Checkered Flag Motor Company, which operates in the City of Virginia Beach, car dealerships spread out all throughout the city. And if you have had the chance to look at one of them or to visit one of them and buy something from them, you will notice that every location they have is well maintained, well taken care of. I think it's a good asset to the City of Virginia Beach. So the request that we have today is for this, property in this area that you see in blue here, little bit more than three acres that would there's a two step process that we're doing here. Phase one is for an auto storage yard, bulk storage is probably what the application that we submitted says because that's what—that's what it has to be worded as. Although bulk storage doesn't sound like it's very good to a residential neighborhood. But it is bulk storage because you're storing in bulk. We're storing automobiles is all we're storing. And this is a lot that will be used in conjunction with a new Audi dealership that just got approved on the northeast corner of Nelms Lane and Virginia Beach Boulevard, which will be under construction very soon. Phase two of the request would be for the carwash building that will be placed on the building. And when I say a carwash, everybody thinks that it's a car wash, it's gonna be like an Auto Bell or something like that just for the general public. That is not the case here at all. This carwash that is planned on this piece of property is for their inventory vehicles only. And with regard to that 1 carwash building, there are some new condos that just got built just to the north of this property and we have worked with your staff extensively.The carwash building will be built with the same building materials, the same color scheme as those condos next door to us roofing etc. So we worked with your staff on that to make sure that that was something that was agreeable.And Mr. Inman, I heard you bring up a pretty interesting question this morning in regards to the carwash building. That carwash building needs to be relocated. And this is what we have come up with as a relocation for that building that moves it farther to the south and farther to the west, and gets it much closer to the Boulevard which is the commercial corridor on this piece of property than where it was originally designed all the way back on the—on the north side of the property. So we like—we would like to move it even closer to the boulevard but Mr. Inman the problem we have with that is, is that the front part of this property is still owned by Haynes Furniture, and we only have a lease. So we can't build it on their property when we have a stipulation that if they ever need that property back for additional parking, we have to vacate the property immediately. So we've moved as far south and as far west as we can. With regards to traffic in this area, we think that the request that we are having, that we have put in front of you today would be far less traffic than if this was developed as residential. I mean, just that, you probably wouldn't have 10 or 15 trips a day, if you're using it just for a vehicle storage yard. Stormwater treatment will be by underground infiltration systems. So you won't have unsightly BMP retention pond sitting on this piece of property. And with regards to that perimeter landscaping, we have worked with your staff and we have not only met the requirements for the perimeter landscaping, we have exceeded it. So again, it's our intention that once the landscaping gets mature, which we think will happen pretty soon, it will make it much more agreeable to the surrounding properties that you have around it. So with that in question, with that in mind, we would answer any questions that you may have, any suggestions that you may have. In the staff write up, there are eight conditions for the storage yard, and six for the carwash. We're in agreement with all those conditions with the exception if you don't mind, the condition number eight with the storage yard, said we have to vacate that interior lot line. And again, that can't be done. So other than that part of that condition,we're in total agreement with it, but that lot line can't be vacated, because that's still the property that's owned by Haynes furniture. So with that in mind Mr. Chairman, if anybody has any questions, we understand the neighbors concern about having a residential zoning in your area, but unfortunately, the only way we can have a storage yard there is to zone it commercial, which is the reason why we did conditional B-2 zoning because we're telling you, and we're telling them, you're not gonna wake up one day and there's gonna be a gas station there,you're not gonna wake up, and there's gonna be a fast food restaurant there. This is the only use that can be on that property based upon this condition B-2 zoning to make it more agreeable to the neighbors. So I appreciate you taking our time to hear us and we'll answer any questions that you may have. 2 Mr. Weiner: Any questions? All right, let's listen to speakers. I'm sorry. I'm sorry. Mr. Inman: Could you be more descriptive about the landscaping and how it has been enhanced over what was required? Mr. Garrington: I think the minimum requirement is a 10-foot landscaping buffer and I think our buffer is 20 feet, which we have exceeded; we've made it bigger and wider around the perimeter of the property. And we have a six-foot privacy fence, is a six or eight foot? Mr. Dao: The requirement for a bulk storage yard is a 10 feet wide landscape buffer with a six feet privacy fence. Mr. Inman: And what's that fence made out of? Is there a material specified? Mr. Garrington: I don't think the material has been specified, Mr. Inman. Mr. Inman: It's not in the write up. Okay. And as far as the height of the plantings, it looks like there are several types of plantings going in this 15 foot strip? Mr. Garrington: This is the category five, if I'm not mistaken? Mr. Dao: It's a category six. Mr. Garrington: Category six, which grows to a much higher heights than the other ones. Mr. Inman: Green shrubs are coming from crepe myrtles, crepe myrtles in here. Okay. I have a hard time reading this. All right, that's all I got. Mr. Weiner: Alright, let's listen to speakers. All right, thank you. Madam clerk. Madam Clerk: Mr. Chair, we have two speakers that will be speaking together. And they're representing the Garnett Point Lake Condo Association, Janice Figueroa and Maureen Jacques. Mr. Weiner: Welcome, ladies. Please state your name again for the record. Ms. Jacques: Good afternoon. I'm Maureen Jacques. I'm the Vice President of the Garnett Point Lake Condo Association. Ms. Lopez: I'm Janice Figueroa Lopez. I am the President of the Association. Mr. Weiner: Okay. 3 Ms. Jacques: We thank you very much for hearing us today. We're not used to public speaking. So we're a little nervous and I'll try not to go like a freight train. As we stated, we're on the Board of the Garnett Point Lake Condo Association. And we're here speaking in opposition to the Winner's LLC, Checkered Flag proposition and rezoning and we do concur with your staff. The recommendation that the rezoning not be approved and the conditional use permit not be issued. The residential area that would be affected by this rezoning consists of over 200 residences in eight separate areas. Nelms Lane is a narrow road that is the sole entrance and egress to our neighborhood. But this road is also used by walkers, joggers, parents pushing strollers, kids on bikes, folks walking dogs and school buses picking up and dropping off children. One such bus stop is that the entrance to Adkins Reserve, which is right across the proposed emergency exit for the storage lot. The primary entrance proposed for the storage lot is across from a HUD and what we know is the Habitat for Humanity housing area. How will those huge tractor trailers maneuver down our small narrow lane and negotiate into the driveway? Also, I'm going to extemporaneously question the lighting situation. As we reviewed the plans, we noticed what we thought were almost 40 lights ranging at 15 feet tall with a downward direction. So if you have a six foot fence with plantings and 15 feet lights numbering 40, that's going to look like a football field over there. Currently on the corner, as we have heard, Checkered Flag is in the process of putting in a new Audi dealership. Currently, they are storing cars on that lot and their employees' park there. We understand that the new dealership will need the new storage lot. Where are those employees going to park?Are they going to park in the new storage lot? We really don't want a B-2 zoning approved. We wish to remain a community, pretty much shielded from all the hustle and bustle on Virginia Beach Boulevard. We do have an abundance of green space, mature trees, bushes, and wildlife. Please keep our zoning A-12, thank you, Janice. Ms. Lopez: Dear members of the Virginia Beach Commission, I apologize because not only am I nervous but English is my second language. I will try to speak slowly. My name as you she stated is Janice Figueroa, I reside at Garnett Point Lake Condos, located near this proposed area referred to be rezoned. Like Maureen and I, like Maureen stated I am the president of the Condo Association. I have been a resident of Virginia Beach for over 30 years and have owned several properties. I purchased this property five years ago.When I went shopping for a home,this was the first property I saw in the area and fell in love with it. I liked it so much that I consciously made an offer higher than the bank assessed market value, because I knew this will become my dream home. All this was before the current real estate surge. I know this area very well as I pass by it almost every day. I walk from and to work; I walk the area to exercise and walked out my dog. This vicinity area is enclosed, meaning that there is only one entrance and one exit on a small two lane road. It feels safe and secure at all times day and night. This is like a hidden gem for all residents. There is a playground at Grand Lake; one of the eight neighborhoods back there and other than that there is no other open space in that 4 area. The land in question is the place where people and nature meet. This is like a mini forest where you will see baby hawks, bald eagles, red foxes, numerous bunnies and a variety of songbirds. It is also the place in which you will see a father teaching football to his son, children selling lemonade to help themselves and their parents, a man in a wheelchair interacting with his trained dogs, people picking wild blackberries, neighbors from different neighborhoods meeting each other. Needless to say we're all from different economic backgrounds. We know this area is not ours and that it will eventually be developed. We also recognize its owners have the right to develop it. However, in my opinion, the subject combine parcels are better suited for a residential development than for commercial. We could only hope that the city would preserve it or create a park that did not affect the trees as part of the city's Community Plan for a Sustainable Future. One of the things this plan states is and I quote, "we are a model community of great places, both manmade and natural that are inherently beautiful and are accessible to all rich in cultural, educational and recreational opportunities, with ample choices regardless of age, physical limitations or income, and recognizable with unique character." Our urban and suburban communities feature a range of housing choices, accommodating a diverse community, like we are, integrated with natural open space and places of historical and cultural significance. Farmland remains abundant in the southern part of the city and every resident has access to fresh local foods. We need a natural area here. Without this open space, we wouldn't have any other space within walking distance. Rezoning this land for—this land of natural beauty to accommodate a commercial development will be detrimental to our community and other communities nearby, because it would simply open the door not only for the now proposed business, but also to some other incompatible land use in the future. All this being said we at Garnett Point Lake Condos strongly oppose this rezoning application and kindly ask the Virginia Beach Planning Commission to reject this request. Thank you for giving us the opportunity to be heard. Ms. Jacques: May I state one more thing because you have on the map. Mr. Weiner: Yeah, 10 minutes, so you can. Ms. Jacques: I'm sorry. Mr. Weiner: Yeah, till lights go off. So you have time. Ms. Jacques: Thank you. On the map to the right, upper right corner where the blue is, you see that? Thank you Janice. Mr. Weiner: Is a pointer right here on the podium. 5 Ms. Jacques: Go to the right Janice, no, where you, yes. In there is now built doesn't show it on this map. But there are 21 brand new townhomes that have been built by Bishard and they started at $300,000 and went upwards close to $400,000. So that was an enhancement for our neighborhood. So it is not a vacant space over there. Ms. Lopez: We are also going to have... Mr. Weiner: Ma'am, ma'am, can you come back to the podium, please, so we can hear, just want to hear you. Ms. Lopez: I wanted to point, and I'm going to speak about this, here. Okay. Sorry. Ms. Weiner: No problem. Ms. Lopez: We're also concerned about that space because everything is going to be blocked. And that small space there will become a dump site or some sort of an unsafe space because it's going to be surrounded by walls, there's going to be—it is to us is also a safety, it will be a safety hazard. Ms. Jacques: We thank you very much. Mr. Weiner: Does anybody having any questions? Any questions, Mr. Redmond. Mr. Redmond:Yes. Would you take a moment please and just point out on that aerial if we can see it where your residents are located. Ms. Jacques: Where we live? Ms. Redmond:Yes. Where do you live? Ms. Jacques: I don't think we're on their Janice. Ms. Lopez: Yeah, but we go here Garnett Point Road at the end right there. Ms. Jacques: We're up on there, if you look at the, up at the far right where it looks green. That is a lake I believe. And if you go up past that our condos are on the other side of Garnett Point Road, we're up on Witchduck Lake or Garnett Lake, or it's got a lot of different names, but that's where we live. So, we access to ours through there. Ms. Lopez: Yeah, there's eight neighborhoods and ours is the very last, so we enter, we only have the one entrance. So we enter through Nelms Lane, go around. Garnett Road and at the end, that's where we are at. Ms. Jacques: And we're only 16 units. 6 Mr. Weiner: Okay. Thank you. Ms. Jacques: Thank you. Mr. Weiner: Any other questions? Questions? Okay. Thank you. Thank you ladies. Any other speakers? Madam Clerk: No more speakers. Mr. Garrington: Thank you very much. And I would like to point out also she talked about the condominiums that have just been built by Mr. Bishard.We have a letter of support from Mr. Bishard because he looked at our request, and he was in—he was not in opposition to it. He was in support of it because of the landscaping and because of the design that we have done with the car, with the carwash building. With regards to tractor trailer trucks, there's no tractor trailer going to be in this parking lot. Okay. No tractor trailer is going to try and get down that two lane Nelms Lane to get back there and offload the cars. The cars will be offloaded on the new dealership that's going to be built on Virginia Beach Boulevard. And with regards to the traffic people, bicycle riding, roller skating whatever, you're going to have far less traffic on that road as a result of this request than you would if you had 30 or 40 new condos built back there so. With regard to the light poles, there is a condition in the staff right up that we can only have light poles that are 14 feet high. They have to be directed inward so that it doesn't illuminate the property outside of it, when we go through detailed site plan review that is always looked at by your staff. And again, it's not going to be lit up 24 hours a day, and it's not going to look like a football field. So I apologize for us putting you in a position that you're into where you have to decide between who's right and who's wrong, but unfortunately, this is the only place we have to come in order to get this approved. We have tried to be as respectful as we can to the surrounding properties. We've tried to work with your staff and come up with some guidelines that we think will be agreeable to you. And in the conditions that are in the staff write up, with that one condition to—we just asked you not to make us vacate that lot line,we're in a total agreement with what your staff has required us to do. Mr. Weiner: Any questions? Mrs. Oliver? Ms. Oliver: Mr. Garrington, I guess the back half of that where butts against Garnett Point Lane. Mr. Garrington: Yes ma'am. 7 Ms. Oliver: And Nelms lane is just sort of interchange there. There're basically three houses. That butt up against it on the Google Maps. Did anybody have any conversations with those? Mr. Garrington: We tried to meet with the people and they said, look, there's no sense in this meeting with you, there's nothing you can say that's going to change our mind. So but we did offer that to meet with them. Before we got here to show them what we were asking for, and see if they had any suggestions that we could incorporate into it, and they just didn't want to meet. Ms. Oliver: And the two buildings across the street, they almost, there are two large buildings, not quite sure what those are? Mr. Garrington: I'm gonna say one of them was the Habitat for Humanity. I don't know what the other one is. Ms. Oliver: All right. And so and then, Mr. Bishard has already written a letter on townhouses that don't show on that one big lot. Mr. Garrington: He has given us a letter of support based upon the landscaping and the fact that we incorporated the materials and the color schemes that he used on his project in our car wash one, and we're now moving on even farther away from his project. Ms. Oliver: And the lighting you said not 24 hours, it's just? Mr. Garrington: Nobody lights up — Nobody lights up a car dealer 24 hours a day, at nighttime after 9 o'clock all you have is security lights to turn on and all the rest of the lights go off and it's just for security purposes. Ms. Oliver: Thank you. Mr. Garrington: Thank you. Mr. Weiner: Ms. Klein. Ms. Klein: Excuse me, could you use the pointer and show me where those apartments are now on the map because the site plan looks like you guys are right up in that corner. Mr. Garrington: Do you have a pointer that works? Mr. Redmond: Probably not for five years now. Mr. Garrington: You are talking about the new apartments? 8 Ms. Klein: Yeah, the site plan looks like the —your lot goes all the way up into the corner of Nelms and Garnett, Turtle Creek, thank you. Mr. Garrington: The new apartments, Mrs. Klein? Ms. Klein: Yes. Mr. Garrington: This piece of property that you see right here is the ones that Steve Bishard just developed, and he gave us a letter of support. Ms. Klein: That's where they are. Okay. Thank you. Mr. Weiner: Mr. Redmond. Mr. Redmond: Mr. Garrington, can you point out where that car dealership is going—the new Audi dealership? Mr. Garrington: The new car dealership goes right here. That would be the new Audi dealership. It originally was going to be Jaguar Land Rover; Jaguar Land Rover was put up at Kings Grant and Virginia Beach Boulevard, so now Audi is going here on that northeast corner.And this would be just an overflow lot for their inventories for that dealership. Mr. Redmond:Okay, thanks. Mr. Garrington: Thank you very much. And again, we apologize for putting you in this position. Mr. Weiner: No other questions?Alright, thank you, sir. Are there speakers? Madam Clerk: No more speakers. Mr. Weiner: We're gonna close this and open it up for discussion. Mr. Inman: One of the ladies who spoke, come back up for a minute, I need to ask you a question. The question is, what is the exact name of your condominium? Ms. Lopez: Garnett Lake Point Condos. Mr. Horsley: Okay. Thank you. Mr. Weiner: Alright, we're going to close this and open it up for discussion. 9 Mr. Inman: Mr. Chairman, I won't be participating in any further and I have a conflict of interest That condo association I represent, my firm represents so. Mr. Weiner: Okay. Mr. Inman: I am out. Ms. Oliver: I do have a question for the Civic League, I have one question. Where are your condos? If you don't mind coming up here, no, I have, I just want them to answer the question. Mr. Weiner: Can you go back to the picture that Okay, here you go. Ms. Oliver: Thank you. Mr. Weiner: With the pointer up there works now, on the pointer. Ms. Oliver: Can you zoom out a little bit on that photo for me? Mr. Weiner: Ma'am, the pointer on the—on the right there. Mr. Redmond: It's a static map that she can't pull out. Ms. Oliver: That's okay. Zoomed out, good enough. Ms. Lopez: That's where we are, yeah. Right on the lake. Ms. Oliver: Okay. And can you? Can you sort of circle where Garnet Lake Condos is? Ms. Lopez: Yeah, exactly. That's it. That's right there, where she's pointing at. It's not on the map, because the lake is over there. We are on the lake. Ms. Oliver: Okay. Great. Thank you. Ms. Lopez: And I am surprised that you haven't received any other because we have spoken to other people that supposedly were going to speak against. Ms. Jacques: And they weren't Bishard. Some of the owners, because Bishard doesn't own it anymore. Mr. Weiner: Right, thank you. Okay, so we've opened it up for us to discuss. Who wants to go, Mr. Redmond? 10 Mr. Redmond:Yes, I do. I don't particularly care for this application. In the sense that, I mean, I would just kind of prefer apartments or condos on a site that's zoned for multifamily as it is, it's very hard to rezone things to multifamily, these days, because most people think they're getting a casino or something.Oddly, here's an instance where some folks think it would be better to have, you know, something that would fit into A-12 zoning designation. And I agree with that, I personally think it would be better if it were residential. Nevertheless, it seems to me a perfectly appropriate use for this piece of land. There's a giant furniture store, right next door to it, it's associated with an existing or soon to be car facility, I mean, I can throw a baseball and hit Virginia Beach Boulevard. So it's hardly nestled back in the, you know, in the farthest reaches of things. I just don't find enough wrong with it. That would cause me to think that it's not an appropriate use of this land.And I might prefer something else, but I think there's a certain property interest, where unless something is just kind of wrong, or doesn't really meet certain minimum standards, and seems to me ought to be able to make some choices about how you use your own land, and what commercial uses might apply in a residential as a commercial use, in many ways. So that's a long way of saying, I'm going to support the application; I would prefer that it be a different product, but I don't think there's anything wrong with this product. And it strikes me is entirely reasonable and appropriate, an application in this spot. Thank you. Mr. Weiner: Anyone else? Yes. Mr. Coston? Mr. Coston: Where did the attorney go? Mr. Garrington? Mr. Weiner: Do you have a question for Mr. Garrington? Mr. Coston: Yes. Mr. Weiner: Can you come back up Mr. Garrington please? Mr. Coston: Does your property for the dealership, adjoin the A-12 property in any place? Mr. Garrington: No sir. Mr. Coston: Okay. Mr. Garrington: Here's the property that we have right here now and then here's the other property, but this one portion of it is the part that's owned by Haynes Furniture that we're only leasing. That's the part that we don't own. Mr. Coston: Okay, so you can't get there from that? Mr. Garrington: No sir. 11 Mr. Coston: Okay. All right. Mr. Weiner: Good, anybody else? Mrs. Klein. Ms. Klein: I appreciate what they're trying to do, I think that the level of traffic is going to be minimal as an overflow lot. And I think that that is a great place for it. At the same time, we're constantly talking about how we don't have enough space for housing and this area is beautiful green space, and I would prefer to save it for housing than to develop it, since it is not just a vacant area, it's a green space. So I'll be voting against it. Mr. Weiner: Okay. Anybody else? George? Mr. Alcaraz: I'm gonna just say I'm okay with it. I mean, I appreciate the enhanced landscape buffer. I checked out the carwash, its existing off Rosemont Road, couldn't hear anything. I saw the whole landscaping that he had on site. We really couldn't see the cars and the adjacent one, adjacent property owners is more or less, sending his approval for the individuals up front looks like they're about maybe 1000-2000 feet away from this property. I haven't heard anything from any other adjacent property owners, so I'm going to support it. Mr. Weiner: Okay. Anybody else. Mr. Horsley. Mr. Horsley: I think you need,to be honest-to me when you put down the picture back up there, I think it is,the property fits more in the commercial area than it does the residential area, to me it does with the big box of Haynes and all right beside it, with the way they've buffered it from the residential area, I think it's, and I don't think it's gonna create traffic down Nelms Road, I don't see that. They don't drive any cars up and down the road there, they'll unload and put them in the parking lot until they, till they have sold. So, you know, I'm supportive of the idea. Mr. Weiner: Ms. Oliver? Ms. Oliver: I will, I do know the applicant, Checkered Flag, and I know how they, how they operate their businesses. And the one thing I can honestly say about them and their family is that they've lived in this area for generations, and they run and operate businesses, they excel at what they do. And when they say they're going to do something, they do it, their word is just as old fashioned as everything. And they keep everything neat and tidy, and they will protect the neighborhood and go above and beyond basically what is written,they always have and they always will, they are, they are one fine family of a family run business for generations. And so I can't speak highly enough about them, and the way they conduct business and in the community. So I will support them. 12 Mr. Weiner: Okay. I just want to say a couple of things real quick. Since this is the Kempsville area,the couple of things that I really like what the applicant said that the lights are not going to be on 24/7, there's just going to be security lights after a certain time. And we know for a fact that tractor trailers are not going to pull down Nelms Lane to block the school buses to block anything and I'm, I'm pretty sure in fact, I'm positive that this is going to be even less traffic than any type of residential use on that property. So I'm going to be supporting it also. Saying that, would anybody make a motion? Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of the application but with striking condition number eight about vacating internal outlines. Mr. Weiner: Okay. You want to say anything? Mr. Tajan: Yes, sir. Mr. Chair, if I can, the applicant provided a plan noting that the building would be moved as well. We should probably include in the motion if the commission chooses to, to utilize this layout which moves the carwash facility to the south. Mr. Weiner: Mr. Redmond. Mr. Redmond: Mr. Chairman, I make a motion that we approve the application, however, deleting condition number eight and including there in the new site plan showing the relocation of the carwash facility to the more central location within the lot. Mr. Weiner: Right. We have a motion. Mr. Redmond:Thank you, Mr. Tajan. Mr. Weiner: We have a second by Mr. Alcaraz. Madam Clerk: Vote is open. Mr. Inman. Mr. Inman: I'm just trying to abstain but it's not working. Mr. Redmond: His button is not working. Madam Clerk: Okay. Hang on. Bear with us a second. Okay, can we do that again, vote is open. Madam Clerk: All right. By recorded vote of six in favor, one against and one abstention, agenda items number 9, 10 and 11 have been recommended for approval with modifications or removal of condition number eight and including the new site plan. 13 AYE 6 NAY 1 ABS 1 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman ABSTAIN Klein NAY Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF CAR WASH W/ BULK STORAGE FOR CHECKERED FLAG — NELMS LANE", dated 04/16/2021, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Proffer 2: To the extent that the Property is developed with a car wash facility, there will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 3: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 4: When the Property is developed, the storage yard as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less 14 than six (6)feet in height, except where prohibited by Section 201(e)(1) and Category VI landscaping as per Section 228 of the Zoning Ordinance. Proffer 5: When the Property is developed, the Property will utilize Category VI landscaping, and will include evergreen shrubs or a combination of trees and shrubs, which will better screen the proposed use from the surrounding residential uses. Proffer 6: To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will restrict any water produced from said facility from falling upon or draining across public streets or sidewalks or adjacent properties. Proffer 7: To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will include the required minimum parking spaces as required by Section 228.1 of the Zoning Ordinance. Proffer 8: Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers provide assurance for enhancing screening of the site and minimize vehicular impact to the surrounding residential community. Staff has reviewed the Proffers listed above and does not believe the proffers provide protections to the surrounding residential community. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. RECOMMENDED CONDITIONS FOR AUTO STORAGE YARD 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled `Conceptual Site Layout Plan for Phase 1 of Checkered Flag—Nelms Lane Virginia Beach, Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. Any lighting for the Auto 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. 3. The Auto Storage Yard shall be limited to vehicles from the applicant's dealership only. 15 4. Vehicles associated with this use, including but not limited to, tractor trailers use for transporting vehicles from and to the site, shall not park within the right-of-way. 5. The loading and unloading of vehicles from tractor trailers shall be limited to the subject property and not within the right -of-way. 6. No driveways or vehicular access points shall be permitted along the northern property line. 7. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. 8. vacate all interior lot lines of the parcels. RECOMMENDED CONDITIONS FOR CAR WASH FACILITY 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled 'Conceptual Site Layout Plan for Phase 2 of Checkered Flag — Nelms Lane Virginia Beach, Virginia, prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the site is being developed, the design and architectural materials of the building shall be in substantial conformance to the elevation plan entitled `Checker Flag — Nelms Lane— Future Car Wash Building, prepared by Covington Hendrix Anderson Architects, dated June 10, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 3. The Car Wash Facility shall be limited to vehicles from the adjacent dealership only that has frontage along Virginia Beach Boulevard to the south and shall not be opened to the general public. 4. Washing, drying, vacuuming, or detailing of vehicles outdoors shall be prohibited. 5. No driveways or vehicular access points shall be permitted along the northern property line. 6. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. 16 ='BISHARD 4104 Holly Road,Virginia Beach,VA 23451 Office: (757)333-8750 Kyle D. Korte,Esq. Wolcott,River, Gates 200 Bendix Road,Suite 300 Virginia Beach,VA 23452 June 24,2021 Dear Kyle and to whom it may concern: My name is Steven Bishard of Bishard Homes.Our company is the developer of Garnett's Walk,the townhome community located at 372 Nelms Lane. We have reviewed the exhibit that was prepared on behalf of Checkered Flag and present no objection to it. On behalf of Gamett's Walk,I would like to express my support for the parking plan for the property across our neighborhood as shown on the exhibit drafted by Orbis Landscape Architecture dated May 24, 2021. My support is conditioned on the installation of the landscape border that is depicted on the exhibit that will ultimately block out the property from common view of the property owners of Garnett's Walk. Our desire is for the success and prosperity of the Checkered Flag car dealership. With kind regards, Steven Bishard Bishard Homes Mr. and Mrs. Frederick & Janet James 410 Adkins Arch Virginia Beach, VA 23462 janetjames92406@yahoo.com July 12, 2021 TO: City of Virginia Beach — Planning Commission David Weiner, Kempsville District # 2, and All Planning Commission Members ATTN: Nicole Garrido, Planning Commission Staff Re: Opposition to Winner's Properties Application No. 9, 10 and 11 for July 14, 2021 Planning Meeting Dear Planning Commission Members, Thank you for serving our community. We are writing in opposition to the rezoning application from Winner's Properties/Haynes Furniture. I wanted to speak in person. However, my husband, a disabled veteran, has back-to-back appointments scheduled for this coming Wednesday so that we cannot attend the meeting in person. Please accept this letter as formal opposition to the Winner's Properties application. Background: Due to my husband's serious health conditions, we started looking for a first-floor property in a nice neighborhood at the beginning of May that we could purchase with my husband's VA-loan. When we saw the Adkins Reserve Condominium property, we immediately put in an offer the same day. We offered more than the asking price because this was such a nice community (not just inside the condominium community itself but also across from and surrounding Nelms Road). Opposition: We oppose the Winner's Properties rezoning application because it will destroy the fabric of this unique community. An auto storage facility and car wash are not appropriate for this community. It will have an adverse impact and produce irreparable harm to current and future residents. We need your help please. Request: Please come and visit our community in person so that you can see the proposed plans in relationship to our community. You will be able to see for yourself the adverse impact on our community if this application is approved. Please recommend denial of this application. Respectfully Submitted, k20- . /� \B2 _�'r° R7.5 - , -0 B2 / , / \ - 0 R20 B-2 B2 so\ , 4b�� R20 U AG1 B 'QgN\ ,,,,, ,_,,, / ./_ ,S, \�� / 4B'2 /AG2 ;/ / AG2/ qic f ,h o/ R1.0 ;, % =2,02 / /// 02 / 02 \ . , 4)- '( k), AG2 ��sh�r, Vo Ar h B2 �� ;/ O2 / --- / \\ P 1 A.G2 ` AGI \\‘ `l ' IR10 / / ., -----Rttr\ (-- ,- -'-L,- 31 .1,-9•-'7----7 . 14/9-\ IN& Pr site KABP Development, LLC �` or t Property Polygons Corner of Fisher Arch & Princess Anne Road, s Zoning West of 2033 Fisher Arch Building - 1.1 Feet 0 65130 260 390 520 650 780 111.111 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KABP DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Eating & Drinking Establishment) for the property located on the Corner of Fisher Arch & Princess Anne Road, West of 2033 Fisher Arch (GPIN 2414117668). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 17, 2021 • Background: This is a request for a Conditional Use Permit to operate a 110 square foot health bar within a 1 ,100 square foot health and wellness center within a new shopping center along Princess Anne Road. A Conditional Use Permit is required for Eating and Drinking Establishments located on property zoned 0-2 Office District. There is a limitation that the restaurant occupies no more than 10% of the total floor area of the principal use. The health & wellness center will provide nutritional training sessions virtually and in-person with a focus on meal planning and nutrition. The small health bar will offer health drinks, snacks, and meals for patrons. Hours of operation will be from 9:00 a.m. through 7:00 p.m., Monday through Saturday and approximately 3-4 employees will be on-site at any one time. • Considerations: In Staff's view and the Planning Commission concurred, the Eating and Drinking Establishment is compatible with the existing development in the vicinity that serves the residents of this area. The Comprehensive Plan encourages commercial developments within the Transition Area to be scaled to accommodate local neighborhood needs and be "neighborhood-serving" to support the nearby residences. The proposed health and wellness center with a small health bar aligns with this recommendation. 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 July 14, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 8-0. 1 . The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office. KABP Development, LLC Page 2 of 2 2. The maximum number of attendees or the occupancy load shall be determined by the City of Virginia Beach Building Official's Office. 3. No amplification of music or use of speakers shall be permitted except within the enclosed building. 4. The Eating and Drinking Establishment, in conjunction with this principle use, shall in combination not occupy more than ten (10) percent of the total floor area. 5. Any onsite signage for the health and wellness center shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign." There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of the signage. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department `7 City Manager:/ IV Applicant& Property Owner KABP Development, LLC Agenda Item Planning Commission Public Hearing July 14, 2021 City Council Election District Princess Anne 6 city,,, Virginia Beach Request Conditional Use Permit (Eating & Drinking Establishment) } ) - l,_J404 "'w, Staff Recommendation • / , Approval 1► s Staff Planner Marchelle Coleman 1*, ) •, ( . (...1 Location 1 • !Di Corner of Fisher Arch & Princess Anne Road, ,,wsmos West of 2033 Fisher Arch GPIN P 2414117668 a/� lib Site Size a No ,11111, 68,495 square feet aei.., -' eautti wY AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District t Vacant lot/0-2 Office Surrounding Land Uses and Zoning Districts - North x Fisher Arch Medical office, retail / B-2 Community Business ii 1.• �� South . . %. k.. - - d. Single-family dwelling, cultivated land /AG-2 '' `1t<6' . �_ �' °-'. µ Agricultural .`7144r #Q M''„ a"n r East Office/0-2 Office a West ` . ' 1 r Princess Anne Road ' 1 Iat Undeveloped land/AG-2 Agricultural KABP Development, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Eating and Drinking Establishment to be located on this property zoned 0-2 Office District. In 2009,the entire property was rezoned from AG-2 Agricultural District to Conditional 0-2 Office District in order to develop a two-building office complex.A Conditonal Use Permit is required in the 0-2 Office District for Eating and Drinking Establishments,as it is required to not occupy more than 10%of total floor area of the principle use. • This phased development included two phases. Phase 1 included a 13,111 square foot one-story building which is constructed and occupied.The second building associated with Phase 2,consisting of 11,460 square feet, is under construction.The applicant is seeking this Conditional Use Permit to operate a health bar within a 1,100 square foot unit for a health and wellness center within this second building. • The health and wellness center will provide individual nutritional training sessions virtually as well as in person meal planning and nutritional classes.A small health bar is also planned that will offer health drinks,snacks, and meals. Per the Zoning Ordinance,the eating and drinking establishment cannot occupy more than 10%of the total floor area of the principle use.The proposed small health bar meets this requirement as it is proposed to have a total floor area of 110 square feet,as depicted in the floor plan on page eight of this report. • The proposed building's facade that is under construction will have an exterior primarily of Exterior Insulation Finishing System (EIFS)and storefront glass with stone and vinyl,and an architectural-style shingle roof,as depicted on pages six and seven of this report. • The typical hours of operation will be from 9:00 a.m.through 7:00 p.m., Monday through Saturday. Approximately 3-4 employees will be on-site at any one time. / Zoning History # Request '" 1 CUP(Hair Care Center)Approved 11/07/2017 CRZ(AG-2 to Conditional 0-2)Approved 04/14/2009 �i 2 MOD Approved12/10/2003 AI ,i / ��/, CRZ(AG-2 to Conditional R-10&P-1(PD-H2))Approved 03/08/2006 3 CUP(Bulk Storage Yard)Approved 02/28/2012 4 '° v , 4 CRZ(AG-2 to Conditional 0-2 and B-2)Approved 11 L _ 02/24/2009 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 Evaluation & Recommendation This request for a Conditional Use Permit for an Eating and Drinking Establishment, in Staff's opinion,is acceptable.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Transition Area and is compatible to the existing development in the vicinity that serves the residents of the area.The land use planning KABP Development, LLC Agenda Item 6 Page 2 policies focus strongly on promoting this area as a well-planned, low density,fiscally sound and desirable destination for people to live,work and play.The Plan encourages commercial developments within the Transition Area be scaled to accommodate local neighborhood needs and be"neighborhood-serving"to support the nearby residential neighborhoods.As such,the proposed health and wellness center and health bar aligns with this principle and in Staff's view is consistent with the general use recommendation for the Transition Area. This site is located within the Southern Rivers watershed. A preliminary stormwater analysis was not needed as the site plan for the construction of this building has been approved and all stormwater regulations have been reviewed and approved by the Development Services Center. Per the Zoning Ordinance,43 parking spaces are required. Parking on-site is met and exceeded by 24 parking spaces. Based on these considerations, Staff recommends approval of the application,subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office. 2. The maximum number of attendees or the occupancy load shall be determined by the City of Virginia Beach Building Official's Office. 3. No amplification of music or use of speakers shall be permitted except within the enclosed building. 4. The Eating and Drinking Establishment, in conjunction with this principle use,shall in combination not occupy more than ten (10) percent of the total floor area. 5. Any onsite signage for the health and wellness center shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.The building signage shall not be a "box sign."There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of the signage. 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 the subject property as being within the Transition Area.The Transition Area serves as a unique land use area buffering the low density Rural Area to the south from the more densely developed Suburban Area to the north. Within the Transition Area,the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Non-residential uses should be"neighborhood-serving."These are KABP Development, LLC Agenda Item 6 Page 3 uses that are scaled to support the needs of nearby residential neighborhoods, users of the Transition Area's open space and recreational areas, and agricultural users. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As the site is developed with an existing medical office center and parking lot, no additional impacts are anticipated with this request. There do not appear to be any significant natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Fisher Arch No Data Available 1 9,900 ADT 1(LOS 3"D") No Change Anticipated 2 Princess Anne Road 12,340 ADT 1 15,400 ADT 1(LOS 3"D") 1 Average Daily Trips 2 as defined by a health& 3 LOS=Level of Service wellness center with a health bar Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is from Fisher arch,which is a loop road connecting Princess Anne Road and Sandbridge Road. Fisher Arch is a two-lane local roadway with a sixty foot right-of-way width. It is not included in the City's MTP map. Princess Anne Road is a two-lane minor suburban arterial with a variable-width right-of-way near the intersection with Fisher Arch. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on June 14, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 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 July 8, 2021. KABP Development, LLC Agenda Item 6 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1, 2021 and August 8, 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 August 2, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 13,2021. KABP Development, LLC Agenda Item 6 Page 5 Proposed Site Layout / s ate" .3 ....*...» .� W.14 M F ... 4 S _ 1 we• •• ., 1 • • 1 y \ 1 J . ,6 r l ��Y• I �. d4 YM✓l lH1R�� kli cr-. ec-•— «. f ExistinBBuildinB I ��s 1r - �•r-- «6'� �', :3:-111stql.ftiL, . • 1` 1 �. 3 g -,ft , �,� 1 j 4J, - ' Proposed Health& I ,;,q, - — ` Wellness Center c, uri 4 I _ „, , .0.r4,. ,,, ___ k. tr, to li. ix M 1,,,.4.r: t at- 1 I I Li �. ......-,' lam:• \ .' ,l ` cAs �.._ , •• 7Z.'63 �..a -7[ � fit- .4 _ _ .!'��. ! ! / F eres r — - .a . �+.. s . , + e +.. = e/. c L PPM=MK ew.w,.• •.r.MAD 4..vs� ..w NrffiK LF KABP Development, LLC Agenda Item 6 Page 6 Proposed Building Renderings : . ..: rfi i. ':7----2N----N__ -- iElOOT ' . .•iiii.;.4.- -7: . 4. _____ . ... 7 -.-- i 1 ag ii El I .. .:,-• - _ .;- Illir r a ........... .....- - - -- --"'"-..---'.'"'"'""t". '.' .w.”00010411/011rVIII". .:,•:4137ii104' ..- ..--- ------- - ...------- - .. IIIIIIII -1,-: . .--,-... _ ... -.-: ---_, -l - . CAFE i - lik . „- ..c,..4 ftoines ' '''' -tik ,pipp inimmumewom -../4.5tatefarmir - ' ,:-; FARM LIFE .Iuirj Inrriliii ,- T Y iln t1111'111 i . - mmo lb, „. NM,,T, vuz.kvi; di A 4 •irsaimi,„... . ,............._ i,l, i. KABP Development, LLC Agenda Item 6 Page 7 Proposed Building Renderings I1 :3001 1:3CO jl --- titt1 0111 11111 11111 11111 11111 11111 11111 11111 11111 T.- t1� �� ttnl tl 11 11111 1111 /111 Q.11111.. It l�, �� Il II - inn nm •. ... r ■ af� S „ t }. i E x F ,r :3COi 11111 III 11111 111 ii. 1 I tun- trim' 11111 11111 II r ii II ,,,,'-'--:I,.I„--I. .','---1*,,.I., 'l NPL' '1.. IP° .: .- .-_-.:.L-:------:•;;;I:'•-t,.fi7_•:',..:*:',A ' KABP Development, LLC Agenda Item 6 Page 8 Proposed Floor Plan KABP Development, LLC Floor Plan Entrance Health Bar 110 sq. ft. Unit Total Floor Area 1,100 sq. ft. Office Restroom Restroom , KABP Development, LLC Agenda Item 6 Page 9 Site Photos —_ _ p iif. IPPr,P I — ..yam' y y 4 , 4 -,,.... ._ , ,, _ . -3:44. 40 •'" �' K A B P Development, LLC Agenda Item 6 Page 10 Site Photos • • KABP Development, LLC Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement \113 (Its a% Read. Planning&Community 110 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 KABP Development, LLC Does the applicant have a representative? ®Yes 0 No • if yes,list the name of the representative. Kristen Huber Is the applicant 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) Thomas H.Atherton, III R.Try Parker; James Burnell; Michael Kahan • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a 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 4 2.2.3101. 1"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. lif KABP Development, LLC Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement cvy ft'irv:,00Read 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?El Yes Fi 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? tip Yes ❑ No • if yes,identify the financial institutions providing the service. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • f yes,identify the company and individual providing the service. Parker Burnell Real Estate Group, LLC 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?g)Yes ❑No • If yes,identify the firm and individual providing the service. Pat Yockey 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? )Yes 0 No • If yes,identify the firm and individual providing the service. Kerry Finley 5. Is there any other pending or proposed purchaser of the subject property?0 Yes RI No • If yes,identify the purchaser and purchaser's service providers. 2 ] KABP Development, LLC Agenda Item 6 Page 13 Disclosure Statement Disclosure Statement r,tv/t : Planning&Community Developmen, 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. Atherton Construction&Development, Inc. 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?KJ Yes 0 No • If yes,identify the firm and individual providing the service. Gaddy 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. Nathaniel P.Tyler,Willcox&Savagei_P.C. 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. Applicant Signature _Thomas Ft Atherton, IlL_ Print Name and Title 3/2/2021 —`_ Date Is the applicant also the owner of the subject property? 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 �y ® No changes as of • 7/30/2021 i s*n•tu. -i I "rk "n" Marchelle L.Coleman 3I KABP Development, LLC Agenda Item 6 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. KABP Development, LLC Agenda Item 6 Page 15 Item # 6 KABP Development, LLC [Applicant & Property Owner] Conditional Use Permit (Eating and Drinking Establishment) Corner of Fisher Arch & Princess Anne Road, West of 2033 Fisher Arch July 14, 2021 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: The next item on our agenda is item number 6, KABP Development LLC, located at the corner of Fisher Arch and Princess Anne Road for an eating and drinking establishment. Is there an applicant — representative for this application here today? Is there any opposition to this being on the consent agenda today? Hearing none, Commissioner Horsley is going to read this into the record please. Mr. Horsley: No appearance means that they will have to accept the conditions that we've proposed today. But the applicant is requesting a Conditional Use Permit for Eating and Drinking Establishment located on some 0-2 office — in 0-2 Office District. There's a requirement that the eating and drinking establishment cannot occupy more than 10% of the floor area which this doesn't, it's a health based eating establishment and they kind of coexist with the health activities take place there in that office building. So there was no opposition, staff seemed to think it was alright, and we do also so we placed it on a consent agenda. So this means that the conditions will be approved also. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. 1 Mr. Redmond: Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file — on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17? Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one, on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for everyone who had an item on the consent agenda. They will be scheduled in the future with City Council and you will get the date on that. Next, we will move on to the regular items to be heard. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE 2 CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office. 2. The maximum number of attendees or the occupancy load shall be determined by the City of Virginia Beach Building Official's Office. 3. No amplification of music or use of speakers shall be permitted except within the enclosed building. 4. The Eating and Drinking Establishment, in conjunction with this principle use, shall in combination not occupy more than ten (10) percent of the total floor area. 5. Any onsite signage for the health and wellness center shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign." There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of the signage. 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. 3 U7 7/ Q ID _`�. ti O 0 �� 0 P. CD M 1O E6) n• %�/ ' � M ----0,, �� \ I N /J.:7 E ,cFt---- IC) .e►et,/ O ,0' �/ �`` �! C72) / ` N f �i I '-O N °ttr 0 4.1)/ / . M Lo C74 / / C -7 t 0/47 ols / i !, dic9- .D. 7' 0 (* 4.L: ' .127 4:( 0 C t )4*''/' 4‘?' C 0o 0 /�� 0 co\\\ .,Z gliii ' -----/ itN\ - & ti ' ___.-- -\\ --- W31---- ''''Z' ° \ .%- P- ---- i C i L 0 /0 '\ 0 i 0 & / 4.1 0 0 \ \/" .• 0CL 0 o 0, / ‘ ;>11) 0 Gr° 0 ) '\. -------„,,,,,,,,/ >, En I to - N° m ,f,„\ 2/1--------- -,)( (/\ ./3 0 / 7 0 eV l' :?... LC) p � 2 / ti \ A. u',, 1 ci rt-zpo ti" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFFREY HEITKAMP [Applicant] JEFFREY & MELINAMAE HEITKAMP [Property Owners] Conditional Use Permit (Home Occupation - Retail Sales) for the property located at 1140 Cordova Court (GPIN 2414634865). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 17, 2021 • Background: The applicant requests a Conditional Use Permit for a Home Occupation retail sales/services. The applicant plans to provide custom engraved firearms from the existing single-family dwelling located in the Lagomar neighborhood. Sales will be conducted on a referral basis and by appointment only. No signs or advertisements are proposed for the property. • Considerations: All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery and will be stored in secured steel vaults. The applicant is also required to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of City Council action. Staff finds the request for retail sales acceptable and the Planning Commission concurs and recommended approval of the request with modification to condition 5 to specify the hours of operation. This is noted below with underlined text. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff Report. Staff received two letters of support and six letters of opposition for this request. At the Planning Commission public hearing, there were four speakers in opposition noting concerns related to safety, increase in traffic, adverse impact to the residential community, and incompatible with the residential character. • Recommendation: On July 14, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. Jeffrey Heitkamp Page 2 of 3 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four (4) hand-to-hand transactions per month at the dwelling between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the Home Occupation. 7. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 10.There shall be no test firing of firearms on the site. 11.The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no Home Occupation exists. Jeffrey Heitkamp Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Letters of Opposition (6) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (�/ City Manager:0 Applicant Jeffrey Heitkamp Property Owners Jeffrey & Melinamae Heitkamp Agenda Item Planning Commission Public Hearing July 14, 2021 ciryoJ City Council Election District Princess Anne 23 Virginia Beach Request Conditional Use Permit (Home Occupation- Retail Sales (Firearms)) , � \ Staff Recommendation KM �.� �`e ` 4\\ Approval Q F..4„,,, gab ---------"/"/ 4 4 ''C,. 3 Staff Planner f r' e ' ,, Antionette Fowlkes / '"°e, �, �P4,., � Location �� " � � � . 1„,° 1140 Cordova Court `°c� Qd, �_�_ GPIN Jy "°qo 2414634865 `` - _.— Site Size E /7 15,5976 square feet '',M., �' , Less than 65 dB DNL pROdoy Watershed ~ Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-15 Residential ' , Surrounding Land Uses and Zoning Districts `�- • xill j , L.' , North ,. _ 4„.. • Mirasol Drive .,., ...EA. Single-family dwellings/ R-15 Residential �P��. h South A " Cordova Court :- "��',' ' Ilb t $ Single-family dwellings/ R-15 Residential . • I.' East , _ >_: Single-family dwelling / R-15 Residential ,' ;‘ �;, v "`° t` 440 West ,. ;,, r, 111 Single-family dwelling/ R-15 Residential ' f' ( iti • 104, _ *et; Jeffrey Heitkamp Agenda Item 23 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to facilitate firearm transfers geared towards military,government and police clientele.The applicant will specialize in firearm engravings.All firearm sales will be conducted from the existing single-family dwelling in the Lagomar neighborhood. • According to the application, all sales will be conducted on a referral basis only. No signs or advertisements are proposed for the property. • All shipments in which either a firearm or federally controlled item is exchanged will be secured upon delivery by the applicant's signature,as is required by law. No packages containing such products will be left without properly being transferred to the applicant. • All federally controlled items will be stored in a secured location in the home,within a safe.The applicant plans to install a camera security system on the property. • The applicant is in the process of obtaining a Federal Firearms License(FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF)for his business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. • Additionally, as recommended in the conditions a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. j \\ Zoning History -. • ",,ao # Request 1 CRZ(R-15,AG-1,AG-2,B-1 to Conditional R-7.5) Approved 02/28/2012 C 2 REZ(Conditional R-7.5 to P-1)Approved 07/11/2017 411 • �� ee aQtl*oAlb • 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 Evaluation & Recommendation The proposed request to operate a Home Occupation—Retail Sales (Firearms)within the existing single-family dwelling, in Staff's opinion, is acceptable and is consistent with the Comprehensive Plan.The primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non- residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensure for now and the future. The proposed use is complementary to the residential neighborhood in that the business activity Jeffrey Heitkamp Agenda Item 23 Page 2 will be similar as to the level of activity of an average house in the neighborhood and will have no perceptible exterior impact and will operate no differently than the requirements of other Home Occupations. The Home Occupation will not change the character of the neighborhood,as it is a very low intensity use. No testing of firearms will be done from this site,as recommended in Condition 10. To ensure that the impact to the adjoining property owners is minimal, Condition 5 has been added to limit all hand-to-hand transactions of products to no more than 4 per month. Based on Traffic Engineering review,there will be minimal impacts on traffic to this site for this use. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home.The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts,and money may be stored • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children. Based on the considerations above,Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. As such,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment.A report shall be written by the Police Department,a copy provided to the applicant,the Planning Department,and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers,smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four(4) hand-to-hand transactions per month at the dwelling between the hours of 8:00 a.m.to 5:00 p.m., Monday through Friday. 6. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the Home Occupation. Jeffrey Heitkamp Agenda Item 23 Page 3 7. There shall be no more than one (1)employee,other than the homeowner,on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 10. There shall be no test firing of firearms on the site. 11. The Home Occupation shall not create noise, dust,vibration,smell,smoke,glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no Home Occupation exists. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses.The proposed home occupation,with the proposed conditions,should not adversely effect any of the main goals of the Suburban Areas of the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cordova Court No Data Available) 9,900 ADT 1(LOS°"D") Existing Land Use 2-10 ADT Proposed Land Use 3-10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 no change anticipated with a limit °LOS=Level of Service dwelling of 4 on-site transactions per month Jeffrey Heitkamp Agenda Item 23 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Cordova Court, in the vicinity of this application, is considered a two-lane street.There are no roadway CIP projects planned for this area. Public Utility Impacts Water The site currently connects to city water.The existing 5/8"water meter(City ID#95037486)may be used to accommodate the proposed use.There is an existing 4-inch city water main along Cordova Court. Sewer The site currently connects to city sanitary sewer.There is an existing 8-inch city sanitary sewer gravity main along Cordova Court. Public Outreach Information Planning Commission • The applicant reported that they emailed the surrounding property owners,and three objections were raised. Three letters of opposition have been received by Staff noting concerns related to increased traffic and safety. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28,2021. • 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 July 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 1, 2021 and August 8, 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 August 2, 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/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 13, 2021. Jeffrey Heitkamp Agenda Item 23 Page 5 Proposed Site Layout 6' Privacy Fence r /I9 CQr .,/Q Litt Jeffrey Heitkamp Agenda Item 23 Page 6 Site Layout • �!� 1c,e. 'd fir , y + %el -. ..- _. 1 1 , + —/ 6 A., i.,,, x 4 ¢� -•, ti f:. Jeffrey Heitkamp Agenda Item 23 Page 7 Disclosure Statement u.suusure 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 Jeff Heitkamp Applicant Name Does the applicant have a representative? ❑Yes I/ No • tf yes,list the name of the representative 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) Jeff Heitkamp/President Melina Heitkamp/Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary; "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent cf 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(ii)there is shared management o'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. Jeffrey Heitkamp Agenda Item 23 Page 8 Disclosure Statement ullscuosure ataEemeni vE) cV�,�rz'ayisc R., 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?0 Yes a 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 providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI 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 appl cation or any business operating or to be operated on the property?❑Yes I 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?0 Yes III No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purcnaser anc purchaser's service providers. Jeffrey Heitkamp Agenda Item 23 Page 9 Disclosure Statement uisciusure statement VICO evu Vigin a sad Planning&Community Development j 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 I 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?0 Yes • No • If yes,identify the firm and individual providing the service. 8. is the applicant receiving legal services.n 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. 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 pubiic 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. ..........._ Applicant do rs 0 rfv,A — f t_.bc-=r— Print Name and Title 3r1-t 2.01...1 Date Is the applicant also the owner of the subject property? In 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 Crty Council meeting that pertains to the applications ® N•changes asof Me 8/5/2021 signature lam ` Print Name Marchelle L. Coleman Jeffrey Heitkamp Agenda Item 23 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Jeffrey Heitkamp Agenda Item 23 Page 11 Item #23 Jeff Heitkamp [Applicant] Melinamea &Jeff Heitkamp [Property Owners] Conditional Use Permit (Home Occupation — Retail Sales (Firearms)) 1140 Cordova Court July 14, 2021 RECOMMENDED FOR APPROVAL- HEARD Mr. Weiner: Thank you. Right on to the item 23. Madam Clerk: Yes, sir. Our last agenda item for today. Number 23,Jeff Heitkamp, an application for a Conditional Use Permit Home Occupation Retail Sales - Firearms, on property located at 1140 Cordova Court in the Princess Anne District, would the applicant or the applicant's representative please step forward. Mr. Weiner: Welcome sir. Mr. Heitkamp: Good afternoon Mr. Chairman, members of the Commission. My name is Jeff Heitkamp. And I am the applicant and resident at 1140 Cordova Court. Mr. Weiner: Okay, Mr. Heitkamp: I'd like to establish two things today hopefully, is one, answer any questions you may have. Mr. Redmond: Excuse me Mr. Heitkamp. We're having trouble with our sound system today. Do you mind speaking up some up, we are having a hard time. Mr. Heitkamp: Two things I'd like to do today. One is answer any questions you may have and also, hopefully try to ease the fears of some of my neighbors who are in attendance that are in opposition. I've limited time to reach out to all of them. But I did contact some, and tried to explain what my wife and I would like to do with the permit in the house. One of the things, obviously that's paramount is safety. We are very conscious of safety not only in our own home, but for the neighborhood. So everything we do will be in complete compliance with all the local ordinances, laws, both state and federal, and everything, so we're compliant 100%. We realize that the neighbors have a concern about traffic. And we've tried to relay that the fact that we will not be increasing traffic in the neighborhood, because we're going to limit the amount of gun transfers that we would do in a month, I believe in the application we put four. So you know, roughly one a week is what we're looking at, as far as a any type of traffic in the neighborhood. We would definitely limit that two hours of the day that are conducive to business,eight to five.And these people that we're dealing with are not going to be — they're not gonna be open to the 1 public, put that way, we're not going to be advertising to anyone, just anyone, they're going to be people we know, people we vette, friends and family that we have in the law enforcement, military communities. So those are the people that we want to start with, initially. And then in the future, our plans are to get a storefront, get an offsite location that would be a commercial location. But those are the things that we wanted to help our neighbors understand that we're —we're not going to try to do anything that would have people coming all hours of the night, have increased traffic, especially with children in the area, or firearms in general. I know a lot of times when people hear that it's a negative connotation but there's definitely a way to do it safely.And I believe that not only FFL,but most law abiding gun owners are the most responsible in the country. So if you have any questions, I'd be more than happy to answer. Ms. Klein: What is your firearms background? Mr. Heitkamp: So I worked, for the better part of 13 years overseas, in support Department of Defense, Department of State Contracts. I was in security and security operations over there. So I've held firearms, carried them not only for my protection, but protection of US citizens abroad. And I have a pretty good background with them. I've taught both my sons at a young age, how to respect them, how to use them safely and so I've worked for security companies and in the industry as well. Mr. Weiner: Any other questions? I want you to do something for me, for your neighbors sake, and for the public, start off from the beginning, we've never really done before, exactly what you're doing, how you're going about doing it, how you're getting these people's names, and so forth? So people understand what you're doing, because I know it's gun sales, but what we need to say gun transfer is more likely what you're doing is not really 100% gun sales, and then going to what's actually recommended by you by the FFL, yeah, what's recommended? How much because this is a very tight regulated business, and just go into that a little bit for your neighbors, so they know what's going on? Mr. Heitkamp: Yeah, so one of the conditional, one of the Conditional Use Permit, if it's if it's approved, and granted, then the City of Virginia Beach Police Department comes out to do a security assessment. That's one of the things that we have to comply with. And then we also have an interview with an ATF agent. So federal agent will come, we've been in communication with him over the course of the entire application process. And they have a very regulated regimented interview process that they conduct. That's exactly the same across the country for all applicants have FFL licenses, I believe its 88 pages long. So it's pretty, it's pretty inclusive. It's very in depth, they do background checks, I've had a security clearance for quite a while up to the point of a top secret.So they do their own security clearance or background checks as well as and the local police department. So there's a lot of vetting that goes along and everything's recorded, every transaction has to be recorded because the ATF can come in at any time and ask for those records and 2 documents. And you have to make sure that that's very well, you know, your attention to detail there. Mr. Weiner: Okay, all right. Anymore questions? Thank you, sir. Let's listen to other speakers. Madam Clerk: Mr. Chair, we have four speakers. Brian Fields followed by Jeff Pilgrim. Brian Fields. Mr. Weiner: Please come forward, sir. Welcome. Mr. Fields: Good afternoon. My name is Brian Fields and I live on Cordova Court.And my wife and I live on Cordova Court with our young children and are not in support firearm sales from the residence of 1140 Cordova Court. Regardless of the number of transactions or type of clientele, there are a number of risks that would be introduced which do not include — that do not exist today, including an increase traffic to the neighborhood on a dead end street where my little kids ride their bikes and where my daughter learned to ride her bicycle for the first time. It's our little cul-de-sac on that thing and, and a new risk of crime or robbery as a result of firearms being associated with the residents via the FFL. The risk to safety, threatening life and property, the introduction of hazardous material and toxins to the neighborhood, the negative impact, the desirability and value of the surrounding properties, the increased probability of fire given the introduction of volatile materials in a heavily wooded area. Finally, the following of acquisitions of permits and the initial required safety requirements and checks, there are not regulations in place that are rigorous or frequent in order to ensure compliance through the duration of the business in the residence. For these reasons, we believe that this business is better suited for a commercial location and is not compatible with the surrounding neighborhood. Thank you for taking the time into these risks into consideration, continue to uphold the safety, quality and character of Lago Mar, I appreciate your time. Mr. Weiner: Thank you. Any questions? Thank you, sir. Madam Clerk: Mr. Pilgrim, followed by Betty Plamquist. Mr. Weiner: Good afternoon sir. Mr. Pilgrim: Good afternoon. I live in 2200 Manzanita Drive in Lago Mar and I'm opposed to selling firearms in a residential section of Lago Mar. Firearm sales would deviate from the provisions of residential zoning. Nearly every day individuals being killed or maimed by intentional or random shootings, drive by shootings is a phrase used by the media describe the killings. Radio and TV there arestories every day about shootings or somebody getting shot. Last week a 10-year-old, picked up a loaded gun from inside his house and shot a friend. Last March,two individuals were killed and eight individuals were injured in the oceanfront of Virginia Beach. Tragedy 3 follows gun possession; we remember very well the mass tragedy and building to a municipal center when 12 people were killed and four people were injured.Within 10 miles of Cordova Court,there are two businesses selling firearms in commercial areas across Oceana Commissary and beyond Hooters on General Booth. There is no reliable count on the number of firearms in Virginia Beach, but with the advent of shootings that take place every day, it would be an injustice to our citizens livelihood to authorize a source that would introduce more firearms. Thank you. Mr. Weiner: Thank you, sir. Any questions? Thank you, sir. Madam Clerk: Betty Plamquist followed by Megan Zazuski. Ms. Plamquist: Good afternoon everybody. My name is Betty Plamquist. I'm a neighbor. First, I'd like to say that they are good neighbors. I live right next door,actually 20 feet away from them. I'm not against firearms. I feel strongly that a business selling, transfer firearms doesn't belong 20 feet away from my home. The property line is 10 feet from my house, their's look the same. My property value may also be affected. From the first email March the 11th, which I didn't get a copy, friends gave it to me because my name was sent on list that they had. I understand, I understood the business was engraving on firearms. Now finding that the machine needs ventilation for possible toxic air and makes noise that may not be part of the business. I can't see a way to enlarge their house to accommodate this, only firearm left. If FFL approves their house, the address is made public I understand. Who will be at the house when they go away for a few weeks, months at a time. Safety is very important for our 35 homes that their clients must past coming and going after turning off Camino Real. There's no other way out. I asked — I asked the applicant, yeah, I asked them to explore connecting with an established business until they have the funds and the clientele to open their own business. I also asked the applicants if their relatives wanted to move next to a house that's FFL approved, well they say they may want to think secondly, so that couldn't hamper my selling the house. I just asked them to please think of others, they had —there's plenty of other places that they could have this business in a commercial setting that are safer. That's my whole opinion. Thanks for listening. Mr. Weiner: Thank you Ma'am. Any questions? Thank you. Madam Clerk: Our final speaker is Meghan Zazuski. Mr. Weiner: Welcome. Ms. Zazuski: Thank you. Mr. Weiner: Please state your name for the record. 4 Ms. Zazuski: My name is Megan Zazuski. I'm speaking in opposition in the CUP request for selling or transfer of customized firearms. My husband and I live on this — have lived on the street for eight years and are parents to two children, ages five and three. They play on the road with Brian's kids all the time. We couldn't have selected a better community to raise our family in and my biggest issue with application is the impact to have neighborhood safety. I'm greatly concerned about traffic. The staff notes there's a recommendation of four sales per month, but this does not equate to four additional vehicles on our street. Based on our discussion with the applicants, they're planning on providing customized engraving or firearms. This means at least one consultation visit, one visit to drop off the firearm in person and one visit to pick it up again. They stated they need the FFL with it because engraving will require the weapon to be held for more than 24 hours.This means at a minimum, there will be three trips per sale per month. And although this may seem insignificant to staff, the design of our street is very unsafe. The current minimum centerline radius requirement for minor street is 125 feet, our street has approximately 75 foot centerline radius, there's extremely poor visibility as you enter and exit the road,which is made more unsafe by the fact that vehicles have to share the roadway with pedestrians. The older section of Lago Mar does not have any sidewalks, so when running, walking or biking, which we do daily is at risk around the blind curve. Unfortunately, you can't see what's coming around the curve until you're in the middle of turning and although residents who frequent this road are aware of the turn, it can easily be miss maneuvered by unaware drivers. I understand that the street was designed under older requirements based on the age of our subdivision, but what is currently an unsafe condition will only be made worse by commercial customers who don't have the same vested interest in our neighborhood. We also live at a dead end street meaning that these commercial customers will encounter the turn twice for every visit they make. I asked how the proposed sale quantities are enforced and was told by the staff planner, it's up to the applicant themselves to limit their sales and then rely on the neighbors to report excessive cars. The system seems inherently flawed and unrealistic. In addition, having an FFL associated with the residential address opens up the potential for theft and robbery. I understand they're planning to keep it limited, a limited inventory on hand but just the assumption that they have firearms poses a risk for crime. Lastly, I firmly believe that any commercial business to residential neighborhood adversely affects and changes the character of the neighborhood, similar to the addition of short term rentals. We live in the oldest most established neighborhoods in Virginia Beach, we specifically chose Lago Mar and our dead end street as a place to raise our family. The addition the CUP will not enhance the neighborhood as stated in the staff notes. We already have a great place to live, the only thing that needs to happen is to maintain the fact that it's only residential;the applicants are very kind people.They're extremely smart. We wish them tons of success in new business. We just asked this to be done in a more appropriate, more safe commercial location. Thank you for your time. 5 Ms. Klein: I have a question. Mr. Weiner: Yes. Ms. Klein: If one of your neighbors was selling jewelry or foods or anything else on the street, the expectation would be that there were increased volumes of traffic. And it's my understanding we cannot regulate firearm sales, so we have to view this as a retail business. Ms. Zazuski: Yes. Ms. Klein: So if your neighbor was instead selling jewelry or operating a daycare, how would your thoughts be the same or different? Ms. Zazuski: My thoughts be exactly the same. I mean, I wish you could see the blind curve entering our roadway. It's a hazard every single day. So I don't think any commercial business should be done on a residential street, especially one with a poor design like ours. Ms. Klein: Thank you. Mr. Weiner: Thank you. Any other questions? Thank you. That's the last speaker correct? Madam Clerk: Correct. Mr. Weiner: Would you like to come back up for rebuttal? Mr. Heitkamp: So yes, after listening to those in opposition, duly noted all their—their concerns. I would respectfully disagree with a few. The storage of hazardous chemicals and materials, I'm not storing any—any materials or hazardous waste. I've had my own personal firearms there for a while in a safe,obviously,and I don't anticipate having any large volume of firearms there, above and beyond that, maybe one or two. And they can also be parts; they don't have to be complete firearms. As far as the traffic's concerned, I have the ability to go ahead and if I have a client or customer I can go to them, retrieve the part that they'd like to modify or,you know,customize, bring it back to my house and then again return it to them. So the increase of traffic there would not be anything more than my own personal driving back and forth in the neighborhood. I do understand the long term effects of a possible home value, devaluation or valuation depending on how that goes with the license that's why our long term plan is to move it, we do not intend this to be a, you know, when I say long term, definitely less than, you know, three to five years at the most. I mean, I wouldn't even see it going that far before we can move into a different venue. Mr. Weiner: Any questions? 6 Mr. Alcaraz: Just some general questions, so maybe I missed it. I excuse myself for a minute, but when a part or gun or whatever you have is being delivered? Is that being delivered by mail carrier?Or you picking it up?Or someone bringing it to you?How does that work? Mr. Heitkamp: It could be all three. If it was an online purchase,then yes, it could be delivered via UPS or FedEx or the postal service. Mr. Alcaraz: And you have that regularly down your street? Mr. Heitkamp: Yes. Mr. Alcaraz: Okay. Mr. Heitkamp: With an Amazon. Mr. Alcaraz: And just a general question. I mean, I have a gun. I didn't want one, my dad made me get one. So I got one. So just curious if I was to want to sell it,what do I have? I'm just asking, and I'll tell you why? What do I have to go through to sell it to somebody? Mr. Heitkamp: Well, the laws, you can do a person to person sale obviously, every state is different. In Virginia, I'd have to look at the details of if you wanted to do an individual to individual, you can take it to an FFL, they can sell that for you if you prefer. Mr. Alcaraz: What if a friend comes into my house and wants to buy my gun? Mr. Heitkamp: You can—you can write up a receipt and do a transaction. Mr. Alcaraz: That's all I have. That's all. Mr. Alcaraz: I'll tell you why, when he's done. Mr. Weiner: Any other questions? Mr. Horsley: So, you will do basically, or somebody tells you they want a gun, certain gun that they want to get. And you will order it and then just transfer it to them, that's — is that type thing? Mr. Heitkamp: Almost,they would —they would order and pay for it, but they would have to list an FFL to send it to, correct. Mr. Horsley: Send it to you to. 7 Mr. Heitkamp: Correct. Mr. Horsley: For the transaction. So really, the safety part is kind of a moot issue, it looks to me like. Mr. Heitkamp: Yes, and like I said, all, everything that will be coming to me whether limited basis will be stored in a safe and again, the police department is gonna do a security assessment on that as well as the ATF. Mr. Horsley: I mean,the other people in the neighborhood could have more guns in their homes than you do and nobody knows about it right now. So and the traffic issue, I mean, that's, you know, there's more delivery trucks to go up and down the road every day, you know, everybody is buying stuff online now. So delivery truck after delivery truck making drops to people's homes, so I would never think that would be more of a concern and the traffic that you're gonna generate, but I want you to say, I don't, you probably won't generate more than one vehicle a day probably. Mr. Heitkamp: For myself you mean? Oh yes, yes. Mr. Horsley: And that would be a max because you're not planning on moving but one gun a week somehow? Mr. Heitkamp: Correct. Mr. Horsley: Okay. Mr. Weiner: Any questions. Thank you, sir. No more speakers. We're gonna close this and open it up for us. Before we do that, Mrs. Wilson, can you give us our little spiel on firearms? Ms. Wilson: The Commonwealth of Virginia is the entity that regulates firearms. The City has no authority to regulate; buying, selling anything in regard to firearms. The federal ATF and the State of Virginia are the people who regulate firearms. As such, we don't have an ability to base our decision on the fact that the sale is of a firearm. We have to call it retail sales and we do, it is just like selling anything else.Wheels, what was your example? Ms. Klein: Jewelry. Ms. Wilson: Jewelry, anything out of your home, it's just a retail sale. You have to look at it as a generic sale in retail and not as a gun sale. Mr. Weiner: Thank you. 8 Ms. Klein: I have a comment. Mr. Weiner: Yes. Ms. Klein: So I'm a social worker. I work in mental health. I have a young child who recently learned how to ride his bike and I took the letters from the neighbors very seriously. I reached out to the staff, Antionette, and I had her send me information about the similar applications that were submitted and she was able to go back as far as 2014, 1, 2, 3, 4, I have only been present for one other of them. Of those four, all were approved by the Planning Commission and the City Council approved them except one was withdrawn. I asked Antoinette to let me, to see if there were any complaints from neighbors. Because if you don't have any control over once it's there, you can at least let the city know, hey, it's not working. And she said of all three of the currently active FFLs that are residential, zero have received any complaints. And so I —that meant something to me. I do hear the concerns of the people that I've had in front of me, I find those gentlemen, to be of the utmost integrity and people that if there were going to be firearm sales next to my house, those are the ones that I would want to be in charge of it. Because it's not something that as the commission we can, we have much control over. So I did take your concerns very seriously based on retail sales, only. I intend to approve the application and if there are traffic concerns, I urge you to bring them up to traffic. I've had to do the same thing in my own neighborhood because of safety issues. Mr. Weiner: Anybody else? George? Mr. Alcaraz: Yeah and the reason I was asking the question, I was just curious, because I know a lot of individuals have guns, and they keep them in their houses. And if they're interested in selling to a friend, it could happen. You never know. But I commend this applicant because he wants to do a lawful application to do it. He wants to get security clearance to do it. He wants to vet the customers. He wants to have a secure place to do the transaction. And not only that, he's very familiar with the arms and having said that I'm very comfortable and you know, approve it also. Mr. Weiner: Anybody else? Mr. Horsley? Mr. Horsley: I'll make a motion, we approve the application. Mr. Weiner: Motion for approval by Mr. Horsley. Do I have a second?Second by Mr. Redmond. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against agenda item number 23 has been recommended for approval. 9 AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four (4) hand-to-hand transactions per month at the dwelling. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 10. There shall be no test firing of firearms on the site. 11. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent 10 extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. 11 To whom it may concern at the City of Virginia Beach: My good neighbor Jeff & Melina Heitkamp have an application to run a small business that requires an F.L.L. license. I am fully in support of their efforts to run a small business at their home. Should you have any questions please feel free to let me know. 7 Brian Proctor 757-615-5850 1144 Cordova Court Virginia Beach, Virginia 23456 6/1/2021 To whom it may concern at the City of Virginia Beach Our neighbor,Jeff& Melina Heitkamp, have an application to run a small business that requires an F.F.L. License. We are in support of their efforts to run this small business at their home. We live across the street from them and two houses down the street. Should you have any questions, please feel free to contact us. Robert and Margret Armour 1157 Cordova Ct., Virginia Beach, VA 23456-4239 757-426-1131 It was a very informative conversation we had o last week. I am writing to say I'm in OPPOSITION to the request due to the product being sold at this address . Engraving is acceptable with limited sales an traffic. Since our conversation neighbors have been discussing the matter. I understand that the wording in application is undergoing change by the Applicants. Since moving to my home in 1989 we continue to have a 'extended family'feeling with new neighbors. Right now ages are first grader to 92 year old. Yes...we are unique in many ways. Thank you for accepting my letter.After hearing outcome of discussions I'll write again. My plan is to attend Wednesday's meeting. Betty Palmquist Sent from my iPhone Re: 2021 PCCC-00078 "Request for the applicant to operate a firearm sales business within the home" I do oppose the operating of a firearm business in my neighborhood. have lived in Lago Mar since 1982 and have enjoyed the quiet, peaceful neighborhood. If the applicants are allowed to sell firearms out of their home there will be more traffic going to and from the house, and it will also be a target for armed robbery. A business like this is not meant to be in a neighborhood, but rather a secure site away from residential homes. Joyce Williams 1028 Ranchero Road Virginia Beach, VA Hello Ms. Fowlkes, My name is Megan Zaszewski and I live at 1129 Cordova Court. Our neighbors located at 1140 Cordova Ct have applied for a conditional use permit to facilitate firearm transfers and customizing firearms from their home(2021 PCCC-00078 "Request for the applicant to operate a firearm sales business within the home"). I am attaching the application to this email. I strongly oppose this conditional use permit and ask that it does not get approved. I am concerned from a neighborhood safety standpoint. Besides the overall concern of firearm transfers happening in a residential area, I am worried about an increase in traffic on a quiet,dead end street. I am a mother to two young children, ages 5 and 3.We spend our days biking and playing in the culdesac. We specifically chose this neighborhood and this road because it is a dead end street and a perfect setting for families. This is an extremely active community where there are always people outside enjoying the neighborhood setting. We do not have any sidewalks in the older section of LagoMar so any increase in traffic is significant and will adversely impact the community. I am also concerned that the house may become a target for robberies once people know or even assume that there are a large number of weapons on site. I strongly feel that this type of business should be handled in a commercial setting and not in a residential neighborhood. Please accept this as my formal opposition to the conditional use permit for 1140 Cordova Ct. I ask that the Planning Commission and City Council both deny this application. Thank you for your consideration. Sincerely, Megan Zaszewski (610)-999-8494 1129 Cordova Ct Virginia Beach,VA 23456 To Antoinette Fowlkes My name is Beverly Beckwith and live at 1133 Cordova Ct. I am writing this to voice my concern for the proposed permit cited above. We have lived on Cordova Ct for 13 years and have enjoyed a quiet, peaceful neighborhood in a cul de sac. There are many young families with small children who live here and enjoy the safety of walking on this road. This is a residential neighborhood and we had no idea that zoning would permit a proposed business such as this to be allowed. This business will ultimately increase traffic into our neighborhood causing possible harm to our children and families. Businesses such as this should be located in business districts and not in residential neighborhoods. Please consider our concerns and help us to keep our neighborhoods safe. Sincerely Beverly Beckwith Ms. Klein, I am reaching out to you in opposition to the proposed firearm sales and/or transactions at the residence of 1140 Cordova Court in the family friendly neighborhood of Lago Mar(Planning Commission Public Hearing July 14,2021 Agenda Item#23 2021-PCCC-00078). I learned of this request for a conditional use permit from a neighbor(and not directly from the applicants). As a neighbor of Cordova Court(two houses between mine and the applicant), it is with a heavy heart that I write this letter as I consider the possibility of firearms being sold on the same street and cul-de-sac where my young children play.A neighborhood that is revered as a jewel in our community and held in high esteem for its beauty,quiet setting, and most importantly, its safety. Lago Mar is within walking distance to Red Mill Elementary and is a safe haven for children and adults alike who play and exercise freely in its streets.Consider the impact to the community if weapons were permitted to be sold/held/transferred in close proximity to playgrounds and established dwellings families call home. While I understand the intention is to adhere to all applicable regulations, I compel you to call to mind the numerous tragic occurrences where a choice was made by an individual with a firearm that was not congruent with the original intention to uphold safety.The cost of such a decision is too great to articulate in this letter but I am hopeful it lands in your heart as you weigh the potential consequences. In considering this request, I implore you to picture the faces of your children and grandchildren and hold them in your mind as you tune into your gut response should you be asked to have them live near a firearms dealer. Surely,there must be another option to pursue this business in a location that doesn't share the same (street/neighborhood)address children write on their school papers. I am aware of the VA law which Council members felt"tied"their hands in approving a similar request on Shore Drive in 2017—a law created in 1987 that was outwardly not supported by members who voted to approve the C.U.P. based on this legislation. Legislation that is outdated and not a true reflection of the current state of affairs given the increased violence of our time and also the loopholes that have since come to light. You chose to be in your position because you feel strongly about preserving the well being of our community and have the authority to do so. I am asking you to turn your attention to the additional implications as supporting evidence to suggest running a residential firearms business would be detrimental to the community as a whole. Finally, I acknowledge the influential pull of the low volume of transactions in an effort to gain your approval. Let us not diminish the significance of opening this door by allowing the number of transactions to detract from the severity of this proposition.The association of the(publicly accessible)FFL to the residence has significant implications irregardless of whether sales are private or not. I'd like to end by posing questions for your consideration in order to keep the impact of this decision in perspective with respect to whether this is an enhancement or a detriment to the neighborhood: 1. Will this attract more traffic to the neighborhood compared to today (yes)? Code of ordinances: Sec. 234. (b) 2. Will having firearms associated with the residence introduce a new risk of crime/robbery that does not exist today(yes)? 3. Does this create a safety risk and threaten life or property that does not exist today(yes)? 4. Will this introduce hazardous materials and toxins (the fumes generated by the laser cutting or engraving process contain elements and particles that are toxic to humans and other animals)to the neighborhood (yes)? 5. Will the introduction of volatile materials in a heavily wooded area pose an increase to fire danger compared to today(yes)? Code of ordinances:Sec. 234. (d) 6. Does this have the potential to negatively impact the desirability and value of surrounding properties(yes)? 7. Following the initial required safety requirements and checks,are there regulations in place that are of the same stringency as those outlined in the pursuit of this permit in order to ensure compliance throughout the duration of the business(no)? 8. Is the feedback you are receiving from those impacted most—the neighbors—an indication that the proposal for the firearms business in a location zoned as a residential property is"compatible with"(in harmony, agreement or accord)the surrounding neighborhood(no)? Thank you for taking all of this into consideration as you determine which choice continues to uphold the safety and preserve the quality and character of Lago Mar and its residents. As outlined above,there are a number of inherent risks with regard to the Virginia Beach Code of Ordinances that would be better suited for a commercial location. There is no ambiguity here when evaluating the introduction of a fire and health hazard to a neighborhood in which residents are not currently exposed. On behalf of all our neighborhood's concerned parents and voiceless children,thank you for continuing to protect the livelihood of our community. I appreciate your time. Sincerely, Margarita&Brian Fields 1128 Cordova Court Virginia Beach,VA 23456 Our names are Daniel and Carmen Lee and we oppose the application to operate Firearms in our neighborhood. Our address is 1132 Cordova Ct. This neighborhood has children from ages 2 to teenagers, and adults ages to 93. Sale of firearms belong in a commercial area, not a residual area, like Lago mar. Sincerely Carmen and Dan Lee. I :0 , L.........., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTIONS 242.1 OF THE CITY ZONING ORDINANCE PERTAINING TO TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS MEETING DATE: August 17, 2021 • Background: The purpose of this ordinance is to remove the current dimensional requirement that prohibits a tattoo parlor and body piercing establishment to be located within six hundred (600) feet of the same use. This request was necessitated due to the number of applications seeking City Council approval for microblading (cosmetic tattooing) located within beauty salons. • Considerations: The nature of "tattooing" as defined in the Code of Virginia and the City's Zoning Ordinance has changed greatly since the tattoo ordinance was first adopted. Having a separation requirement between establishments, typically beauty salons, that perform microblading is proving to be limiting towards applicants wishing to obtain a Conditional Use Permit. As the use will remain at the discretion of City Council, Staffs position and the Planning Commission concurs, is that there will be no adverse impacts that will result from the removal of the six hundred (600) foot separation requirement between tattoo parlors and body piercing establishments. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. City of Virginia Beach —Tattoo Parlor & Body Piercing Establishments Regulations Page 2 of 2 Submitting Department/Agency: Planning Department 60 City Manager: Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing July 14, 2021 Tattoo Ordinance Amendment 1 Virginia Beach Request An Ordinance to a mend Section 242.1 of the City Zoning Ordinance to delete the requirement for tattoo parlors and body piercing establihsments not to be located within six hundred (600) feet of another tattoo parlor or body piercing esta blishment. Summary of Referred Ordinances The purpose of this ordinance is to remove the current dimensional requirement that prohibits a tattoo parlor and body piercing esta blishment to be located within six hundred (600)feet of the same use.This request was necessitated due to the number of applications seeking City Council approval for microblading (cosmetic tattooing)located within beauty salons.Although there is a fundamental difference between a traditional tattoo parlor and body piercing establishment and a beauty salon,Section 111 of the Zoning Ordinance, consistent with the Code of Virginia,defines a tattoo parlor as "Any place in which is offered or practiced the placing of designs, letters,scrolls,figures, symbols or any other marks upon or under the skin of any person with in or any other substance, resulting in the permanent coloration of the skin, including permanent makeup or permanent jewelry,by the aid of needles or any other instrument designed to touch or puncture the skin.."Because of this definition, the Zoning Ordinance cannot distinguish between microblading and more traditional tattooing practices. The regulatinos for tattoo parlors and body piercing establishments were first adopted into the Zoning Ordinanace on April 24, 2001. Initially, the six hundred (600)foot separation requirement was not just from other similar establishments,but also from schools and residential and apartment districts.On J a nua ry 5,2016, City Council amended the requirements to remove the separation requirement from schools and residential and apartment districts. It should be noted that staff supported the additional removal of the separation requirement between tattoo parlors;however, following deliberation at Planning Commission this requirement remained. Recommendation Staff recommends approval of this Ordinance.The nature of"tattooing"as defined in the Code of Virginia and the City's Zoning Ordinance has changed greatly since the tattoo ordinance was first adopted. Current trends in beauty practices have made"microblading"extremely common. As this practice is considered tattoing,having a separation requirement between establishments,typically beautysalons,that perform this function is proving to be limiting towards applicants wishing to obtain a Conditional Use Permit.As the use will remain at the discretion of City Council, staff feels there is no adverse impacts that will result from the removal of the six hundred (600) foot separation requirement between tattoo parlors and body piercing establishments. City of Virginia Beach Agenda Item 1 Page 1 1 REQUESTED BY COUNCILMEMBER ABBOTT 2 3 AN ORDINANCE TO AMEND SECTION 242.1 OF 4 THE CITY ZONING ORDINANCE TO DELETE THE 5 REQUIREMENT FOR TATTOO PARLORS AND 6 BODY PIERCING ESTABLISHMENTS NOT TO BE 7 LOCATED WITHIN SIX HUNDRED (600) FEET OF 8 ANOTHER TATTOO PARLOR OR BODY PIERCING 9 ESTABLISHMENT 10 11 Section Amended: § 242.1 of the City Zoning 12 Ordinance 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Section 242.1 of the City Zoning Ordinance is hereby amended and 21 reordained to read as follows: 22 23 Sec. 242.1. Tattoo parlors and body piercing establishments. 24 25 Tattoo parlors and body piercing establishments shall be permitted only as 26 conditional uses in the B-2 Community Business District, and, 27 28 (a) T tattoo parlors and body piercing establishments shall be subject to the 29 requirements pertaining to tattoo parlors and body piercing establishments set 30 forth in Chapter 23 of the City Code, which requirements shall be deemed to 31 be conditions of the conditional use permit;and-_ 32 33 34 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 37 of , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. Planning De,.artment City Attorney' . CA15461/R-2lJune 9, 2021 Item# 1 City of Virginia Beach Ordinance to Amend Section 242.1 of the City Zoning Ordinance to delete the requirements for Tattoo Parlors and Body Piercing Establishments not to be located within six hundred(600)feet of another Tattoo Parlor or Body Piercing Establishment July 14, 2021 RECOMMENDED FOR APPROVAL -CONSENT Mr. Weiner: Thank you. Next order of business is the consent agenda. And our Vice Chair Mrs. Oliver will take over. Thank you. Ms. Oliver: Welcome. Today we have 12 items on the consent agenda. First item is item number one.And our City Attorney Kay Wilson is going to talk about this ordinance for us. Ms. Wilson: Okay. This is an ordinance to amend section 242.1 of the Zoning Ordinance in regard to tattoo parlors and body piercing establishments. At this time, there is a requirement that they be located 600 feet away from another tattoo parlor or body piercing establishment. We will be deleting that requirement so that they may be closer together. We've had an influx of what are called personal makeup. And that is still considered tattooing, even though that's done in a lot of beauty parlors. So that's why we feel it's—it's appropriate to get rid of the 600 feet distance. Ms. Oliver: Great. Thank you, Chairman that was the last item on the consent agenda and I move for approval for items 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25. Mr. Inman: I have to make a disclosure. Mr. Redmond:As do I. Mr. Inman: Pursuant to state and local government Conflict of Interest Act, I have a letter on file making the following declaration on July 14 agenda items been financed or may be financed by Towne Bank. Those are number four, number six, number eight, and number 9, 10 and 11. As such, I have made this disclosure that I'm on an advisory board of Towne Bank which makes no decisions on loans and I believe I can participate in this transaction decision fairly, objectively and in the public interest. And I will participate and vote on these items. Mr. Weiner: Thank you, Mr. Redmond. Mr. Redmond:Mr. Chairman, while I will support the items on consent, I want to be clear that I'm specifically recusing myself from agenda item number eight Elias Properties. The 1 broker for the owner is a broker in my office with whom I often work and share business with from time to time and the address is 4525 Main Street in Virginia Beach, Virginia. All this is memorialized in a file —on file with the city attorney. So I will specifically recuse myself from agenda item number eight. Mr. Weiner: Thank you sir. We have a motion for approval for the consent items. Ms. Wilson: Mr. Inman, are you abstaining from voting on 14, 15, 16 and 17?Which is actually Marlin Bay, MP Shore. Mr. Inman: That's a deferral. Ms. Wilson: Okay, you should have abstained from voting on that one,on deferrals. If we could make sure that's in the record, there is a document on record with the clerk. Madam Clerk: Yes ma'am. Mr. Weiner: All right, circle back around. We have a recommendation for approval on consent items by Ms. Oliver. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Second by Mr. Horsley. Madam Clerk: Vote is open. By recorded vote of eight in favor, zero against, with one abstention by Mr. Redmond on agenda item number eight, agenda items number 1, 2, 3, 5, 6, 8, 12, 13, 18, 19, 20 and 25 have been recommended for approval by consent. Mr. Weiner: Thankyou. Thankyou for everyone who had an item on the consent agenda.They will be scheduled in the future with City Council and you will get the date on t hat. Next, we will move on to the regular items to be heard. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE 2 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURE ADVISORY COMMISSION BEACHES AMD WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8cf8a7f1 86483 0e7763 f5b3 abfl cecaf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 17, 2021. jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/03/2021 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N O M O O L W O A C Y L NOUW S 0 T NHEEES S E 0 OE T I R YSSER N D N CITY MANAGER'S BRIEFING A. LEGISLATIVE UPDATE-GENERAL Debra M.Bryan, ASSEMBLY SPECIAL SESSION Legislative Affairs Liaison(via WebEx) B. FLOOD PROTECTION PROGRAM Valerie Myers, COMMUNICATIONS UPDATE Communications Office C. PENDING PLANNING ITEMS Bobby Tajan,Director -Planning and Community Development Carolyn A.K.Smith, Planning Administrator- Planning and Community Development I1. CITY COUNCIL DISCUSSION/ INITIATIVES III/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y V/VI A-E F. MINUTES APPROVED 9-0 AY Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS B S 1. July 6,2021 T 2. July 13,2021 A N E D G. PUBLIC HEARING 2 SPEAKERS a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f. Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyers Oberndorf Central Library CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/03/2021 PAGE: 2 B AGENDA E R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OMO 0 L W O A C Y L NOUW S O T NHEEES SE 0 OE T IRYSSER NDN I. 1. Ordinance to AMEND City Code Sections ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y 10-1 and 10-1.1 re polling place changes/ locations and DIRECT the City Attorney and Voter Registrar to seek preclearance for such changes a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f. Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyers Oberndorf Central Library I.2. Resolution to APPOINT Robyn Riddick to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y position of Deputy City Clerk II,effective July CONSENT 15,2021 I.3. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral Health and Developmental Services(DBHDS) to the FY2021-22 Human Services Operating Budget: a. $261,080, ESTABLISH three (3) full-time ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y positions and$70,000 in Medicaid Revenue re CONSENT Step-VA Services b. $272,310 and ESTABLISH three(3)full-time ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y positions re Forensics Discharge Planning CONSENT Services c. $1,158,936 and ESTABLISH six(6)full-time ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y positions re expansion of the Permanent CONSENT Supportive Housing Program J.I. THOMAS A.BROWN for a Variance to Section DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y 4.4 (b & d) of the Subdivision Regulations re AUGUST 17,2021 direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7-PRINCESS ANNE(Deferred from February 16,2021) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/03/2021 PAGE: 3 B AGENDA E R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OM 0 0 L W 0 A C Y L N 0 U W S 0 T NH E E E S ' S E 0 OE T I R Y S S F R N D N J.2. THOMAS A.BROWN for a Variance to Section DEFERRED TO I0-0 Y Y Y Y Y Y Y Y Y Y 4.4 (b & d) of the Subdivision Regulations re AUGUST 17,2021 direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE 1.3. BONNEY G.BRIGHT SAND COMPANY fora APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Modification of Conditions re borrow pit MODIFIED expansion at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE(most recently approved on September 15,2020) K. APPOINTMENTS RESCHEDULED B Y CON SEN S U S BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFI AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD ARTS AND HUMANITIES COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Mia Swan 4 Year Term 8/3/2021—7/31/2025 HISTORIC PRESERVATION COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Campbell Clay Natalie Hubbard Representing Students 1 Year Term 8/3/2021—7/31/2022 HOUSING ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Carolyn Smith Unexpired Term thru 9/30/2021 +4 Years 10/1/2021— 9/30/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/03/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R V L H W W A U E J R T I 0 C C D N OMO 0 L W O A C Y L NOUW S 0 T NHEEES S E O O E T IRYSSER NDN INVESTIGATION REVIEW PANEL Reappointed: 10-0 Y Y Y Y Y Y YIY Y Y Barbera Booker- Williams 3 Year Term 9/1/2021—8/31/2024 CITY COUNCIL LIAISON Appointed: 10-0 Y Y Y Y Y Y Y . Y Y Y ARTS AND HUMANITIES COMMISSION Michael Berlucchi L/M/N ADJOURNMENT 8:11 P.M. OPEN DIALOGUE 19 SPEAKERS 9:23 P.M.