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09-7-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH • "COMMUNITY FOR A LIFETIME" CITY COUNCIL �C,�N�+ �.q �Y MAYOR ROBERT M. "BOBBY"DYER,At Large VACANT,Lynnhaven—District 5 p� �� MICHAEL F.BERLUCCHL Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 5N.D. "ROCKY"HOLCOMB,Kempsville—District 2 - rt� LOUIS R.JONES,Bayside—District 4 +, / JOHND.MOSS,At Large AARONR.ROUSE,At Large °F aux •.*,'"' GUY 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 September 07,2021 FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. ELECTION OF VICE MAYOR - City Council Chamber- 2:00 PM II. CITY COUNCIL'S BRIEFING 2:30 PM A. CITIZEN REVIEW PANEL TASK FORCE RECOMMENDATION Sean Monteiro III. CITY MANAGER'S BRIEFING 3:45 PM A. NEW CITY HALL UPDATE Tom Nicholas, Facilities Engineer—Public Works IV. CITY COUNCIL DISCUSSION/INITIATIVES 4:15 PM V. CITY COUNCIL LIAISON REPORTS VI. CITY COUNCIL COMMENTS VII. CITY COUNCIL AGENDA REVIEW 4:45 PM VIII. 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 IX. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Victoria J. Thomas Agape Hampton Roads Spiritual Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION August 10, 2021 2. SPECIAL SESSION August 12, 2021 3. INFORMAL and FORMAL SESSIONS August 17, 2021 G. PUBLIC HEARING 1. APPLICATIONS FOR THE TRANSPORTATION ALTERNATIVES PROGRAM H. MAYOR'S PRESENTATION 1. 20th ANNIVERSARY—9/11 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND: a. Section 1-3 and 1-30 of the Stormwater Management Ordinance(Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from July 6, 2021 (Council Member Moss requesting Deferral for 60 days) 2. Resolution to MAKE certain commitments regarding the Comprehensive Flood Mitigation Bond Referendum (Requested by Council Member Moss and Tower) 3. Ordinance to CREATE the Atlantic Park Community Development Authority (CDA) 4. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation(VDOT): a. #100383 Shore Drive Corridor Improvements Phase IV b. #100160 Elbow Road Extended Phase II-D c. #100548 Pungo Ferry Road Improvements d. #100278 Nimmo Parkway Phase VII-B 5. Resolution to SUPPORT the City's 2021 Applications for the Virginia Department of Transportation(VDOT) Transportation Alternatives Set-Aside Program for FY2022-23 and FY2023-24 6. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 7. Resolution to AUTHORIZE increased contributions to the Department of the Army re Rudee Inlet Maintenance Dredging 8. Ordinances to EXTEND the date for satisfying conditions re closing an improved portion of right-of way adjacent to two (2) residential properties located on the South Side of 75th Street and West of Atlantic Avenue a. 204A &204B 75th Street and 202 75th Street b. 7406 Atlantic Avenue 9. Ordinances to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76th Streets and West of Atlantic Avenue a. 217 75t Street b. 215A& 215B 75th Street c. 213 75th Street d. 211 75th Street e. 209 75th Street f. 205 75th Street g. 203 75th Street h. 218A &218B 76th Street i. 216A & 216B 76th Street j. 214 76th Street k. 210 76th Street 1. 208A& 208B 76th Street m. 7500 Atlantic Avenue 10. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Wesley located at the rear of 525 Virginia Dare Drive re construct and maintain an existing pier with a roof structure, boat lift and floating dock 12. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA)to FY 2021-22 Fire Department Operating Budget: a. $979,704 re continued operations and equipment requirements of Virginia Task Force 2 Urban Search and Rescue Team b. $2,128,970.41 re the Champlain Tower collapse in Surfside, Florida and $54,869.11 re reimburse for administrative cost of preparing the reimbursement claims 13. Ordinances to ACCEPT and APPROPRIATE: a. $14,097.28 from the Virginia Department of Health the FY2021-22 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training b. $35,291 from Dominion Energy Services, Inc. to FY 2021-22 Parks and Recreation Operating Budget re plant trees to increase the urban tree canopy in accordance with the City's Urban Forest Management Plan c. $65,000 from the Virginia Supreme Court Drug Treatment Court Docket Grant to the FY 2021-22 Commonwealth's Attorney Operating Budget re expenses related to drug treatment and AUTHORIZE 25%in-kind Grant Match d. $95,494 from the Commonwealth to the FY2021-22 Clerk of the Circuit Court Operating Budget re provide compensation supplements for employees e. $274,825 from the Commonwealth in Aid to Localities Grant Funding to the FY 2021-22 Fire Department Operating Budget re personal protective equipment, training, and uniforms 14. Ordinances to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DMV)to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50% in-kind match: a. $29,400 re overtime related to the enforcement of seat belt laws b. $36,200 re overtime related to the enforcement of DUI laws c. $77,503 re overtime and equipment related expenses to speed enforcement 15. Ordinances to ACCEPT and APPROPRIATE from Department of Homeland Security to FY2021-22 Fire Department Operating Budget: a. $23,002 re purchase of equipment related to the response and recovery duties of the Marine Team b. $368,119.09 and TRANSFER$36,811.91 (cash match requirement) from the Public Safety Equipment Replacement Project CIP #100325 re physical fitness programs and training K. PLANNING 1. JEFFREY & PAIGE MADRIGAL for the Street Closure re 334 square feet portion of an unimproved right of way adjacent to the rear of 317 45th Street DISTRICT 6—BEACH (Deferred from November 19, 2019) RECOMMENDATION APPROVAL 2. 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 (Deferred from September 7, 2021) RECOMMENDATION APPROVAL 3. VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 4. SAMET PROPERTIES & TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 2097 Harpers Road DISTRICT 6—BEACH RECOMMENDATION APPROVAL 5. VTS LYND MAYFLOWER OWNER, LLC for Conditional Use Permits re short term rental at 205 34th Street: a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 DISTRICT 6—BEACH RECOMMENDATION APPROVAL 6. JERRETT SIMMONS/JARRETT SIMMONS&MARLENA BEGLEY-SIMMONS for a Conditional Use Permit for Alternative Resident Development re 2841 West Gibbs Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 7. Ordinances re Short Term Rentals: a. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) Deferred from July 13, 2021 RECOMMENDATION APPROVAL ITEMS FOR RECONSIDERATION FROM JULY 13,2021 CITY COUNCIL MEETING a. AMEND City Zoning Ordinance(CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts-North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AMD WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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/vbqov/onstage/q.php?MTI D=e2541 aade2683e23a9ac267b72cd55f91 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 7, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. ELECTION OF VICE MAYOR - City Council Chamber- 2:00 PM II. CITY COUNCIL'S BRIEFING 2:30 PM A. CITIZEN REVIEW PANEL TASK FORCE RECOMMENDATION Sean Monteiro III. CITY MANAGER'S BRIEFING 3:45 PM A. NEW CITY HALL UPDATE Tom Nicholas, Facilities Engineer—Public Works IV. CITY COUNCIL DISCUSSION/INITIATIVES 4:15 PM V. CITY COUNCIL LIAISON REPORTS VI. CITY COUNCIL COMMENTS VII. CITY COUNCIL AGENDA REVIEW 4:45 PM VIII. 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 IX. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Victoria J. Thomas Agape Hampton Roads Spiritual Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION August 10, 2021 2. SPECIAL SESSION August 12, 2021 3. INFORMAL and FORMAL SESSIONS August 17, 2021 G. PUBLIC HEARING 1. APPLICATIONS FOR THE TRANSPORTATION ALTERNATIVES PROGRAM NOTICE OF PUBLIC HEARING City Application for FY 2023 and FY 2024 VDOT Transportation Alternatives Set-Aside Program On Tuesday, September 7th, 2021, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing related to the City's applications for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program for community improvements, pedestrian, and bicycle enhancements throughout the City.This program is for funding in Fiscal Years 2023 and 2024. The City's applications are for the following four projects: Cape Henry Lighthouse Masonry Restoration;Independence Blvd/Baxter Road Intersection Pedestrian Improvements; Seaboard Road Sidewalk; and Woodstock Road Sidewalk. Copies of each application are on file with Public Works / Engineering located at 484 Viking Drive, Virginia Beach, Virginia 23452. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD—711. Amanda Barnes, MMC City Clerk H. MAYOR'S PRESENTATION 1. 20th ANNIVERSARY-9/11 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES /RESOLUTIONS 1. Ordinances to AMEND: a. Section 1-3 and 1-30 of the Stormwater Management Ordinance(Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from July 6, 2021 (Council Member Moss requesting Deferral for 60 days) 2. Resolution to MAKE certain commitments regarding the Comprehensive Flood Mitigation Bond Referendum(Requested by Council Member Moss and Tower) 3. Ordinance to CREATE the Atlantic Park Community Development Authority(CDA) 4. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): a. #100383 Shore Drive Corridor Improvements Phase IV b. #100160 Elbow Road Extended Phase II-D c. #100548 Pungo Ferry Road Improvements d. #100278 Nimmo Parkway Phase VII-B 5. Resolution to SUPPORT the City's 2021 Applications for the Virginia Department of Transportation(VDOT) Transportation Alternatives Set-Aside Program for FY2022-23 and FY2023-24 6. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 7. Resolution to AUTHORIZE increased contributions to the Department of the Army re Rudee Inlet Maintenance Dredging 8. Ordinances to EXTEND the date for satisfying conditions re closing an improved portion of right-of way adjacent to two (2) residential properties located on the South Side of 75' Street and West of Atlantic Avenue a. 204A & 204B 75th Street and 202 75th Street b. 7406 Atlantic Avenue 9. Ordinances to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76th Streets and West of Atlantic Avenue a. 217 75th Street b. 215A& 215B 75th Street c. 213 75th Street d. 211 75th Street e. 209 75th Street f. 205 75th Street g. 203 75th Street h. 218A& 218B 76th Street i. 216A& 216B 76th Street j. 214 76th Street k. 210 76th Street 1. 208A& 208B 76th Street m. 7500 Atlantic Avenue 10. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Wesley located at the rear of 525 Virginia Dare Drive re construct and maintain an existing pier with a roof structure, boat lift and floating dock 12. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA) to FY 2021-22 Fire Department Operating Budget: a. $979,704 re continued operations and equipment requirements of Virginia Task Force 2 Urban Search and Rescue Team b. $2,128,970.41 re the Champlain Tower collapse in Surfside, Florida and $54,869.11 re reimburse for administrative cost of preparing the reimbursement claims 13. Ordinances to ACCEPT and APPROPRIATE: a. $14,097.28 from the Virginia Department of Health the FY2021-22 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training b. $35,291 from Dominion Energy Services, Inc. to FY 2021-22 Parks and Recreation Operating Budget re plant trees to increase the urban tree canopy in accordance with the City's Urban Forest Management Plan c. $65,000 from the Virginia Supreme Court Drug Treatment Court Docket Grant to the FY 2021-22 Commonwealth's Attorney Operating Budget re expenses related to drug treatment and AUTHORIZE 25% in-kind Grant Match d. $95,494 from the Commonwealth to the FY2021-22 Clerk of the Circuit Court Operating Budget re provide compensation supplements for employees e. $274,825 from the Commonwealth in Aid to Localities Grant Funding to the FY 2021-22 Fire Department Operating Budget re personal protective equipment, training, and uniforms 14. Ordinances to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DMV)to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50% in-kind match: a. $29,400 re overtime related to the enforcement of seat belt laws b. $36,200 re overtime related to the enforcement of DUI laws c. $77,503 re overtime and equipment related expenses to speed enforcement 15. Ordinances to ACCEPT and APPROPRIATE from Department of Homeland Security to FY2021-22 Fire Department Operating Budget: a. $23,002 re purchase of equipment related to the response and recovery duties of the Marine Team b. $368,119.09 and TRANSFER$36,811.91 (cash match requirement) from the Public Safety Equipment Replacement Project CIP #100325 re physical fitness programs and training ( :3-1 I C f -`/ ,5,-7� IF 1, isL....w..." i _ a CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: AN ORDINANCE TO AMEND SECTIONS 1-3 AND 1-30 OF APPENDIX D, STORMWATER MANAGEMENT PERTAINING TO THE STORMWATER APPEALS BOARD AND SECTION 1.2 OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL PERTAINING TO VARIANCES MEETING DATE: September 7, 2021 • Background: The Stormwater Appeals Board was initially created in compliance with state law changes to stormwater regulations in 2014. The Board consists of three citizen members and three City staff members representing Planning, Public Works and Public Utilities. After hearing feedback regarding the make up of the board from the development community, changes were presented to City Council on June 1, 2021 and this ordinance reflects that proposal. All voting members of the board are proposed to be citizens with a background in "sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background." It also requires that members shall not be actively involved in the submission of stormwater applications to the City. The proposed ordinance designates the Departments of Planning and Public Works as staff liaisons to the board with Planning serving as the primary contact for the appeal process for private development. The ordinance states hearings for appeals will be scheduled within 60 days of receiving the written appeal application., establishes a $500 application fee, and the ordinance also establishes findings for which the board shall review appeals against. The second ordinance amends the Public Works Design Standards Manual appeal process. Currently, the manual allows for those denied a variance request to the stormwater requirements (Chapter 8) by either Planning or Public Works to be appealed to the Director of Public Works. This amendment changes the requirement to direct appeals to Public Works Design Standards, Chapter 8 variance decisions to the Stormwater Appeals Board. The Stormwater Appeals Board will only be permitted to hear appeals to decisions made by an Administrator relative to the Stormwater Management Ordinance or Public Works Design Standards Manual variance decisions • Considerations: The amendments set forth a more detailed process for appeals and which agency will process the appeal request. It also allows for the board to hear appeals to variance decisions of both the Stormwater Management Ordinance and Chapter 8 Stormwater Appeals Board Ordinance Amendments Page 2 of 2 of the Public Works Design Standards Manual pertaining to stormwater requirements. The changes to the make up of the board will allow for more independent review of appeals and will remove staff as voting board member. The proposed changes reflect discussions with the City Council Liaison. The proposed ordinance revisions were shared with the Coastal Virginia Building Industry Association (CVBIA). Comments from CVBIA were received and are attached. Recommendations: Staff recommends approval of the Ordinance revisions. • Attachments: Ordinance CVBIA comments Recommended Action: Staff recommends Approval.Submitting Department/Agency: Planning Department ' 0�/-� City Manager:p9 1 2 AN ORDINANCE TO AMEND SECTIONS 1-3, AND 1-30 3 OF APPENDIX D, STORMWATER MANAGEMENT 4 PERTAINING TO THE STORMWATER APPEALS 5 BOARD 6 7 SECTIONS AMENDED: Appendix D, Stormwater 8 Management§§ 1-3 and 1-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Appendix D, Stormwater Management Ordinance Sections 1-3 and 1-30, of 14 the Code of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 15 16 Sec. 1-3. - Definitions. 17 18 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 19 Stormwater Management Regulations, as amended, which are expressly adopted and 20 incorporated herein by reference, the following words and terms used in this Ordinance 21 have the following meanings unless otherwise specified herein. Where definitions differ, 22 those incorporated herein shall have precedence. 23 24 . . . . 25 26 "Stormwater Appeals Board"is the appeal authority designated by City Council to 27 hear appeals from any permit applicant or permittee, or person subject to Ordinance 28 requirements, aggrieved by any action of the City taken in regard to the Ordinance 29 . The Stormwater Appeals Board shall be appointed by City 30 Council and shall consist of , 31 32 five (5) voting citizen members. Each will serve a 33 term of three (3) years with a maximum of two (2) consecutive terms. Three (3) of the 34 voting members shall have professional or educational experience in sciences, earth 35 science, soil science, natural resources, chemistry, or other commensurate professional 36 or educational background. Such members shall not be actively involved in the 37 submission of stormwater applications to the City of Virginia Beach. The city attorney or 38 his designee shall serve as legal counsel to the Stormwater Appeals Board and the 39 departments of public works and planning shall be staff to the Stormwater Appeals 40 Board. 41 42 . . . . 43 44 Sec. 1-30. - Hearings. 45 i LZOZ `9Z aunt' 9-2! 9£t►9 WO 6uiuuel Jo tuaupedaa (-7971- :1N31NO0 01 Sd 03A0addd 1 AN ORDINANCE TO AMEND SECTION 2 1.2 OF THE PUBLIC WORKS DESIGN 3 STANDARDS MANUAL PERTAINING 4 TO VARIANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That Section 1.2 of the Public Works Design Standards Manual is hereby amended 10 and reordained to read as follows 11 12 1.2 Variances 13 14 1. The Director of Public Works or designee may authorize and approve, in specific 15 cases, such variances or waivers from strict application of the terms of these 16 design standards, as will not be contrary to serving the public interest, when a 17 literal enforcement will result in unnecessary hardships, provided that the intent of 18 the design standards will be observed. The following information and process will 19 be adhered to, in order to request variances. 20 21 a. General 22 23 i. All publicly owned and maintained infrastructure, whether City or Developer 24 built, shall adhere to these Design Standards, including any Special 25 Provisions or Amendments. 26 ii. The Department of Public Works provides an opportunity for the Developer 27 and/or design Engineer to request a variance from the Design Standards 28 where appropriate and justifiable to the individual situation. For consideration, 29 the design Engineer must submit the written variance request with complete 30 documentation and justification to the Public Works Project Manager or the 31 Development Service Center (DSC) Project Manager during plan review. 32 Variances after plan approval will not be considered. 33 iii. The Department of Public Works will consider each request on an individual 34 case-by-case basis. Thus, an approved variance of the Design Standards for 35 one project may not be applied to another project.The Department's divisions 36 of Engineering, Operations, and Business will, as appropriate, consider the 37 variance request and the potential impacts before approval or denial by the 38 Director of Public Works or designee. 39 iv. In the case of a City entity applying for a variance, for projects not involved 40 with the DSC review process, the request will be processed through Public 41 Works, not DSC. 42 43 b. Process 44 1 45 i. To request a variance during the design process, the Developer or design 46 Engineer must submit a letter to the Public Works Project Manager or the 47 Development Service Center(DSC) Project Manager with the following: 48 49 1) State and reference the section of the Design Standards for which the 50 variance is requested. 51 2) State the change to the Design Standards being sought. 52 3) Discuss the reason the variance is being requested. 53 4) Indicate any examples where a similar variance has been granted. 54 5) Discuss other alternatives to granting the variance or complying with the 55 Design Standards. 56 6) Include any calculations, model analysis results, drawings, or site plans, 57 supporting and explaining the request. 58 7) Discuss any costs considerations relating to the alternatives. 59 60 ii. The Public Works Project Manager or the DSC Project Manager will compile 61 the required information and provide a written recommendation with 62 concerns, comments and considerations regarding the request and forward 63 it to the Department of Public Works, Engineering Division, for processing 64 within Public Works. The review process within Public Works generally 65 requires 20 working days. 66 I 67 iii. In the case of denial of a variance, the applicant has the right to file an appeal. 68 All appeals shall be received made in writing to the Administrator, who is 69 defined as the City Manager. or his designee(s1 within 45-thirty (30) days of 70 denial to request a formal hearing by the Stormwater Appeals Board and 71 outlined in the Code of the City of Virginia Beach. 72 Virginia, Appendix D — Stormwater Management, Sec. 1-30. — Hearings. as 73 74 75 76 All requests for variances or waivers and documents relating thereto will be open 77 to the public for inspection in the Department of Public Works. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works C tto ey's Office *� 2 APPROVED AS TO CONTENT: 77 } 1 Department o Planning CA15439 R-2 June 2, 2021 3 From: Claudia Cotton<ccotton@cvbia.com> Sent: Wednesday, June 23, 2021 10:33 AM To:Carrie L. Bookholt<CBookhol@vbgov.com>; Kaitlen S. Alcock<KAlcockPvbgov.com> Cc: Eric Keplinger, AIA, LEED AP<ekeplinger@meb.group>; Brad Martin<Brad@clarkdes.com>;Jeff Ainslie<jeffainslie@mac.com>; tuckbow@terrypeterson.com;Jeff Ainslie(jeffa@ainsliegroup.com) <jeffa@ainsliegroup.com>; Ricketts, Mark<mark.ricketts@aesva.com>; Rodman, Kenneth,Jr. <krodman@vhb.com>; Scott Acey<scott.acey@msaonline.com>;greg.haves@msaonline.com; johna@ainsliegroup.com;Jon Ettel<ion@vbhomesliving.com>; Bob Deacon <bobdeacon@bishardhomes.com>;Jonathan Speight<jls@beachbuildinggroup.com> Subject: RE: Ordinance Amendments-Stormwater Appeals Board 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. Carrie, I've compiled comments from our members and others. See attached. Once you and the City Attorney's office have reviewed, could you share any changes you make prior to this going forward? Thanks for the chance to review and comment. Best Regards, Claudia Claudia K. Cotton, CEO'Government Relations Coastal Virginia Building Industry Association 2117 Smith Avenue Chesapeake,Virginia 23320 WWW.cvbia.com 757-42o-2434 (office) 757-305-9061 (direct) 757-472-0345 (mobile) /eke' -,1.4jr‘O,VBIA DO BUSINESS WITH Coastal Virginia Building Industry Association A CV B I A MEMBER Learn more about saving$$with the NAHB Member Advantage Program by clicking this link: Pocket the SAVINGS Mww rahb.orylMlA NANB From: Carrie L. Bookholt<CBookhol@vbgov.com> Sent: Friday, June 11, 2021 1:23 PM To:Claudia Cotton<ccotton@cvbia.com> Cc: Kaitlen S. Alcock<KAlcock@vbgov.com> Subject: Ordinance Amendments-Stormwater Appeals Board Claudia — Attached are the proposed ordinances to amend the Stormwater Management Ordinance and the Public Works Design Standards Manual prepared the by City Attorney's Office. These Ordinances will likely be on an agenda for City Council in July. Once we know a date for sure, we'll let you know. Thank you, Carrie L. Bookholt, PLA Development Services Administrator City of Virginia Beach I Planning & Community Development 2875 Sabre Street, Suite 500, Virginia Beach, Virginia 23452 (Direct) 757.385.8707 I (Office) 757.385.4621 cbookhol@vbgov.com I www.vbgov.com/planning MBPlanning& Community Sections 1-3 and 1-30 of Appendix D The Board makeup excludes the development community (or at least people "actively involved in the submission of stormwater applications"). We strongly recommend including a civil engineer with a background in site design/stormwater. Do the qualifications apply to only 3 of the members or all five? A. The timeline of "...within 30 days after notice of such action..."; lots of these issues are informal discussions, comment letters which get challenged, or telephone calls without an obvious "event" where the 30 day clock would start ticking. What exactly would be "..such action ... given by the Administrator"? B. "But should be scheduled within sixty (60) days of the notice of appeal" Is the Board meeting held, or is it just "scheduled" within 60 days? If an application for a hearing must be requested within 30 days of notice by the Administrator, why shouldn't the Board meet within 30 days? E. "The Board's authority is to determine whether the department (Public Works or Planning) was correct in its granting or denial of a variance..." Will the Board review every variance granted? Otherwise why would one appeal an approval? Is there an "application" template for a Board hearing? Have you developed guidelines for the Board (or the Planning / Public Works staff) to use to evaluate a request? Section 1.2 of Public Works Standards Design Manual 1.a.ii. "Variances after plan approval will not be considered" - Does this mean we have to go through a variance request process with the DSC or Public Works first, and only if denied do we THEN make application to the Stormwater Appeals Board? Also, there could possibly be a scenario where one gets a plan approved, so that you are assured the project can be built, secure the property and financing, and then go back for the variance or the appeal to redesign the inappropriate stormwater. 1.a.iii conflicts with 1.b.i.4). In reading Section 1.2, it seems like you have to apply for the variance, be denied, and then make an appeal to the Stormwater Appeals Board. Appendix D 1-30 A. allows a request for a hearing by the SAB to "aggrieved by any action of the City taken in regard to the Ordinance" - no variance application or denial required? This is confusing. t �S f`Z.E[ 4-P--"qP41,1,4 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Making Certain Commitments Regarding the Comprehensive Flood Mitigation Bond Referendum MEETING DATE: September 7, 2021 • Background: In July, the City Council requested the placement of a bond referendum question on the November ballot. This question includes a listing of 21 projects to be financed with the $576.5 million. The resolution requesting the placement of the referendum question included direction to the City Manager to create a dedicated webpage on the City's website that includes each of the Phase 1 projects and the progress — by dollar amount spent and by milestone achieved — toward completion of such projects and to provide quarterly reports to the City Council providing updates regarding the execution of the projects if the referendum question is answered in the affirmative. In the weeks after the July resolution, the City Council has received briefings regarding the informational campaign undertaken by the City staff and entitled, "The Ripple Effect." Notwithstanding the staff outreach, there is a desire to further inform the residents by making affirmative commitments regarding the upcoming referendum. ■ Considerations: The attached resolution urges residents to carefully consider the issue of flood mitigation and plan to vote in November. To assist residents in this deliberation, the resolution provides certain commitments by the City Council depending on the outcome of the election. If the residents approve the referendum question, the City Council commits to do the following within three weeks of the election: 1. Adopt a comprehensive financial plan to pay for the referendum debt. This plan includes a 4.3 cent increase in the real estate rate, the establishment of a single appropriation unit for revenue and expenditures regarding the referendum debt with sufficient granularity to allow oversight by the City Council and the Citizen Oversight Board. The financial plan further reserves any general obligation bonding capacity created by the retirement of the referendum debt for future flood mitigation requirements and subsequent sea level rise projects. 2. Establish a Citizen Oversight Board to receive monthly briefings and provide the City Council with public briefings every two months. These public briefings are to address the twenty-one projects and the elimination of the backlog in the maintenance of the City's legacy ditches, canals, and ponds. 3. Amend the City's Comprehensive Land Use Plan to recommend denial for any project or development that generates a net increase in water discharge demand, and to further require the Planning Department to recommend denial of the same. 4. Prepare an ordinance to freeze the Stormwater management fee through 2028. Bond Referendum Commitments Page 2 of 2 In addition to the above but not within the three weeks of the referendum, the City Manager is to develop an acquisition strategy that seeks to streamline and expedite design and construction of the 21 projects, including using a single prime contractor, watershed bundling, and project bundling. If the residents do not approve the referendum, the resolution describes a course of action that includes: (i) prioritization of eliminating the backlog in the maintenance of ponds, ditches, and canals, and sustaining required maintenance cycles; (ii) continued increases to the Stormwater management fee; (iii) pursuit of the 21 projects over a longer timeline that may stretch forty years; (iv) increases in the cost of construction reflected by longer delivery time; and (v) continued rainfall events that will have the probable outcome of flooded homes and businesses. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution REQUESTED BY: COUNCILMEMBER MOSS AND TOWER REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 2020), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: (i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time; and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event (a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8; 19 20 WHEREAS, the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in maintenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question; 24 25 WHEREAS, at the end of the ten-year period in 2032, eight percent of the City will 26 qualify for preferred FEMA flood insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds; 29 30 WHEREAS, at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045; 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained; and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress — by dollar amount spent and by milestone achieved — toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA, THAT: 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November. To assist in the residents' deliberations, the City 48 Council makes the following commitments, which with the exception of #4, will be 49 delivered within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,000 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation, and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches, canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, including using a single prime contractor, 91 watershed bundling, and project bundling. The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance. 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1. The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles; 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years, and the perils and risks associated with this timeline include severe 111 weather events, increased flood insurance premiums, companies locating and 112 relocating elsewhere, potential reduction in the City's bond rating, and home 113 values adjusted to reflect the cost of flood insurance; 114 4. The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases, and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will continue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: • ey's Office CA15526 R-3 September 1, 2021 ..fps{ ,A7j, rt �4�L• L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Creating the Atlantic Park Community Development Authority MEETING DATE: September 7, 2021 (PUBLIC HEARING: August 17, 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 I 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%) 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(A)(5)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 $5,000,000, (ii)the Bonds may not be 117 issued for a term longer than 23 years (with only interest payable for up to the first three 118 years and principal and interest payable over the final 20 years) and (iii) the Bonds must 119 be structured to achieve level debt service over the final 20 years. The proceeds from 120 the sale of Bonds will be used to (x) pay (A)the costs of the infrastructure, facilities and 121 services as described herein and in the Petition, (B) the costs of issuing the Bonds and 122 (C) certain Interest on the Bonds for a period of up to 36 months after the issuance of the 123 Bonds and (y)fund any required reserves in connection with the Bonds. 124 (c) Any Bonds or any other financing arrangements entered into by the 125 CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City and 126 will not constitute a pledge of the faith and credit of the City. 127 128 8. Effective Date. This Ordinance shall take effect immediately. 129 130 9. Recordation of Ordinance. The Council hereby directs that a copy of this 131 Ordinance be recorded in accordance with §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY City Manager City Attorney CA15510 R-3 July 22, 2021 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on , 2021]. City Clerk, City of Virginia Beach, Virginia Z08b-LO-LZ17Z SZ9S-LO-LZbZ L5L17-LO-LZtt i69b-LO-LZb2 £8817-LO-LZiZ 5179b-LO-LZbZ L£L5-LO-LZbZ L I Sb-LO-LZbZ £98 S-LO-LZtZ 099£-LO-LZIZ 0669-LO-LZ1Z 9£S£-LO-LZbZ 8089-LO-LZbZ 699£-LO-LZbZ LOLL-LO-LZbZ ItL£-LO-LZbZ 1I9Z-LI-LZtZ SOL£-LO-LZbZ 9IS0-L1-LZ$'Z 068Z-LO-LZbZ iZS6-LO-LZbZ L9L£-LO-LZVZ £S80-LI-LZbZ 1'NMDr saagwnH p3LsJ dim ivy acwt isradb® daw I wtaa YMAHA 10,ctiz o t; to .',I. IP :: IS t1;U c a I• tell I Olt .OM 111141 r t r• ♦;� {tit osat a pt mit to cm DP 3 scot i l.♦ top 1 • I II !, ow ►.0L0 \ . as wn tyt►tt 3 0Timty to t,...) I... vt u4t .gin d ♦ ow -i11t 01. `,jq.tMS ttf 4� , f • • �liMt. J 64,t I. = is t {itt bat \\,, i 4>r 1•f + t on o• 8441. Mi�,.�I 0J{6 t vt anturt BSI Fitt r t» +:t • M+trimaNN no Imp ;at ig tea ..._ WSJ tMM YttI De t 1 wt d - d an for INC ow t0 ;it1 *AK* lt1 tc•t ONO UV tY "4 K1 _ wt tN i �o v % AI to XI M ri Ott. , ; t lit a sa t.ti titµOt id) �tC t�' �t t • n tl:A „ to K� M 14. t sajispanog PIASIQ va3 I'DP'! V II&IHXa 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 I _,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 do 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, financing, 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 A2ent The address of the initial registered office of the Authority is c/o 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(' (') 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 I6917-LO-LZtZ Sb917-LO-LZ17Z L I St-LO-LZtZ 099£-LO-LZtZ 9£S£-LO-LZbZ 699£-LO-LZiZ I I L£-LO-LZbZ SOLE-LO-LZbZ 068Z-LO-LZtZ L9L£-LO-LZ17Z Z0817-LO-LZ17Z LSLb-LO-LZbZ £88b-LO-LZbZ L£LS-LO-LZbZ £98S-LO-LZbZ 0669-LO-LZbZ 8089-LO-LZtZ LOLL-LO-LZiZ 119Z-L I-LZbZ 9 I SO-L I-LZbZ bZS6-LO-LZ17Z £S80-LI-LZ17Z :sNIdJ siaquznN pond dew xv,I, I3IJIs!Q S4IaoglnV !emu'3o uogdl.iasaU g Ilgigxa 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, financing, 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 M ;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 169t-LO-LZtZ St9t-LO-LZtZ L I St-LO-LZiZ 099£-LO-LZbZ 9£5£-LO-LZtZ 699£-LO-LZtZ i IL£-LO-LZtZ SOL£-LO-LZtZ 068Z-LO-LZtZ L9L£-LO-LZtZ Z0817-LO-LZtZ LSLi-LO-LZtZ £88t-LO-LZtZ L£LS-LO-LZbZ £98S-LO-LZ17Z 0669-LO-LZbZ 8089-LO-LZtZ LOLL-LO-LZtZ I I9Z-L I-LZtZ 9 I 50-L I-LZtZ tZS6-LO-LZtZ £580-L I-LZtZ :sIJJ 9 2Idgl�ifll�i dVI'I XVI All S13D1IVd dO ISI'I S ZIfIHX3 EXHIBIT C MAP OF CDA DISTRICT -se s•as ... a:0, r.. ,V _ NOJWe 2016 , , t• i 442 430 434 623 lytA - � '"".� 319 r 36 . '\-" -- tr�r flTMg ao t P • 426 '� ��p }317 ' i 2009 • } . - L-- 4�- _- - 004 2005 417 410 �tr01 - t 7003 C3 ':.✓ • top i,.,.,__5 433 1. 007 2001 J 0 410 1916SSue1 tte\\ •► b.p- .- t 91J +•.5 414 ♦ trutwp! s1 a 493 2 1tM/ p tlx',ono 1 Si iitt 410a Ciliary .. . - - 602 1906 616,A M r• 910. - . �-..--- ti(s1 t e1 tan9�'t 19d`VIII t 415A 1,• 1 • I• ' E t19 t17 its 4699 se me as 1nt N.P 903 F_�... "- - 1 • - 424 q6 a1.J0: "'....-} w ,.�--.-- . \------1111112 . 319 .1 11 414 in 16 + -- tltN 676 - �-^' .y.ISM P . lea w- i ' -_ 1606 ..l 1, A,. 411 403 403 40, 1MJ •t I17 r 11\ t. t904-0-- sGlA ' _ uo�e �. w; 1 To t7e )ra\\ taco 6 n ,.. v (aty of Vl,guuia Heath I Map data a bpu,SheetMOP s a -46Y r � o; C-1 EXHIBIT D DESCRIPTION OF PROPOSED INFRASTRUCTURE [To be Completed] D-1 ap�Hu.B�' 7 1 � cy� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Four Resolutions to Affirm the City Support of Revenue Sharing Project #s 100383 (Shore Drive Corridor Improvements Phase IV), 100160 (Elbow Road Extended Phase II-D), 100548 (Pungo Ferry Road Improvements), and 100278 (Nimmo Parkway Phase VII-B) and to Authorize the City Manager to Execute Project Agreements with the Virginia Department of Transportation in Furtherance Thereof MEETING DATE: September 7, 2021 • Background: In 2006, the Virginia General Assembly enacted legislation that authorized the Commonwealth Transportation Board to provide assistance to local governments from the Commonwealth for locally funded improvements to highway systems in cities, counties, and towns. Using this authority, the Revenue Sharing Program (the "Program") was established. The Program provides localities with a dollar-for-dollar match for approved highway projects on a biennial cycle. Initially, the Program awards a project a small amount to incorporate the project into the Program, then awards a larger amount in a subsequent Revenue Sharing cycle, up to a $10 million lifetime Commonwealth share for any individual project. Historically, the Program was intended to provide near-term aid to local governments, particularly for imminent construction. Therefore, the Program awarded funds for the two years following the submission of an application. However, due to transportation related revenue under collections in 2020 and a December 2020 future revenue forecast, the Commonwealth Transportation Board deferred new awards from FY 2020-21 and FY 2021-22 to FY 2024-25 and FY 2025-26, which are the final two years of the Commonwealth's Six-Year Improvement Program. This year, the Commonwealth Transportation Board will continue this new allocation schedule. Thus, Revenue Sharing projects from the 2021 application cycle will be awarded funds in FY 2026-27 and FY 2027-28. It is anticipated that absent further legislative changes, the Revenue Sharing program will permanently convert to an out- year award. Such a transformation of the Program limits the number of Council approved and funded eligible projects the City can use in an application and delays the Program's usefulness to localities across the Commonwealth. • Considerations: The following four roadways projects have been identified as candidate projects for Revenue Sharing Program funds in FY 2026-27 and FY 2027-28: Shore Drive Corridor Improvements- Phase IV(Project# 100383); Elbow Road Extended Phase II-D (Project # 100160); Pungo Ferry Road Improvements (Project # 100548); and Nimmo Parkway Phase VII-B (Project # 100278). Shore Drive Phase IV and Elbow Road Extended Phase II-D are existing Revenue Sharing projects and under the provisions of § 33.2-357(B) of the Code of Virginia will be given priority consideration. A resolution of support from the City Council is a component of the application, and the deadline for applications is October 1, 2021. Shore Drive Corridor Improvements — Phase IV (Project # 100383): The Shore Drive Corridor Improvements - Phase IV project improves vehicular and pedestrian traffic flow along Shore Drive from the Marlin Bay Drive and Sandy Oaks Drive intersection to the west end of the Lesner Bridge. Proposed improvements include a multi- use trail, on-street bike lanes, and a five-foot sidewalk. The total project cost is approximately $15.5 million, and the City was previously awarded $500,000 in Revenue Sharing funds for FY 2024-25. $7 million of additional Revenue Sharing funding will be requested through this application. Previously appropriated and existing FY 2022-23 programmed funds within "Shore Drive Corridor Improvements — Phase IV" will provide the mandatory $7 million dollar-for-dollar local match. Elbow Road Extended Phase II-D (Project# 100160): The Elbow Road Extended Phase II-D project provides an additional two lanes (westbound) on Elbow Road / Dam Neck Road from Salem Road to the Virginia Beach Amphitheater West Parking Area and the Western Princess Anne Athletic Complex. This is approximately 1.2 miles in length. The additional two Phase II-D lanes complete the four-lane divided roadway configuration of Elbow Road / Dam Neck Road from the Chesapeake City line to the Virginia Beach Amphitheatre. The total project cost is approximately $27.3 million, and the City was previously awarded $500,000 in Revenue Sharing funds for FY 2024-25. $2 million of additional Revenue Sharing funding will be requested through this application. Existing FY 2022-23 through FY 2024-25 programmed funds within "Elbow Road Phase II-D" will provide the mandatory $2 million dollar-for- dollar local match. Punqo Ferry Road Improvements (Project# 100548): This project raises the road elevation on Pungo Ferry Road, from Blackwater Road to the west side of the Pungo Ferry Road Bridge approach, approximately 2 miles to minimize recurring flooding and address sea level rise where practicable. The project includes shoulder and fill slope improvements. The total project cost is approximately $11.5 million. $500,000 of Revenue Sharing funding will be requested through this application. Existing FY 2026-27 programmed funds within "Pungo Ferry Road Improvements" will provide the mandatory $500,000 dollar-for-dollar local match. This project is on the list of projects for the Flood Mitigation Referendum. Should the referendum pass, the City would withdraw this project's application or if awarded, would work with VDOT to modify the funding award to allow the Revenue Sharing funds to be directed to another eligible Virginia Beach project. Nimmo Parkway Phase VII-B (Project # 100278): The Nimmo Parkway Phase VII-B project constructs a two-lane undivided roadway with shoulders, on-road bike lanes and a single shared-use path from Albuquerque Drive to the western terminus of"Sandbridge Road-Nimmo Phase VII-A." "Nimmo Parkway VII-B" includes a bridge spanning Ashville Bridge Creek and the adjacent flood plain / wetlands area. The total project cost is approximately $43.7 million. $500,000 of Revenue Sharing funding will be requested through this application. Existing FY 2026-27 programmed funds within "Nimmo Parkway Phase VII-B" will provide the mandatory $500,000 dollar- for-dollar local match. • Public Information: Normal Council Agenda process. • Attachments: Location Maps (4), Resolutions (4) Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: J2i9 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100383 "SHORE DRIVE 3 CORRIDOR IMPROVEMENTS PHASE IV" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 10 Revenue Sharing Program funding from the Virginia Department of Transportation to 11 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 12 for immediately needed improvements or to supplement funds for existing projects on the 13 highway system in a given locality; 14 15 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 16 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 17 18 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 19 matching basis, whereby every dollar received from the Commonwealth must be matched 20 by a dollar in local funds; and 21 22 WHEREAS, the City of Virginia Beach desires an allocation of $7 million in 23 Revenue Sharing funds for construction and potentially for utilities adjustments and site 24 acquisition in the 2021 application cycle for Project # 100383, "Shore Drive Corridor 25 Improvements Phase IV." 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1. The City Council supports the application for Project# 100383, "Shore Drive 31 Corridor Improvements Phase IV," to the Virginia Department of Transportation Revenue 32 Sharing Program. 33 34 2. The City Council hereby commits to fund the City's local share of preliminary 35 engineering, right-of-way, and construction, as applicable, of Project # 100383, "Shore 36 Drive Corridor Improvements Phase IV," under agreement with the Virginia Department 37 of Transportation, in accordance with the project's financial document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addenda for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth on the Virginia Department of Transportation's Six- 46 Year Improvement Plan. 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: Budget and Management Services n y s Office CA15521 R-1 August 26. 2021 N W —��`- E SITE o SHOREGR $ 1 1.0 v. tilb41 W Chesapeake Bay J VtRGIN1A; lg1° w� .--fir %or_ ___, , �E RS L4 a 7)-,/,,, ON.BLVp s _11111lll :--:14441, ii sTQq G�'Ryl `iiii il';.'�I 0. is oq �'�o ;Ro 1i11�rll rtAvis%4� ,11,0 . • . . ilehlftt.'"%,,,suw,uti..... ----� — an t,/ h,_.,i..."-4tk, Atit*'-,11400--- '14(1trave.--1411wilik. ,_,, • o-.__w.'..-i,-i-,; minumi 1►\2-- i.rl.i.,f . ,lk o 1�\1110 erf r' rr ~� SHORE DR r, ei v'', dor Lynnhavenoilllllllll , t � �lls �� -�� 4 �E'ST 1 s r Inlet --- oil ( ) C_ _ 4r� O 00 t? \---1. q _ _ __ _____________ a____ , r , o. ,,r ...._." , , ____ ,. _ . 1o) El ' / 7- R 4SV' ,1„ I`C " A* .,,, lig - -_, iiiow, z_____F , -7.,L l____ bw LOCATION MAP o•.)5SHORE DRIVE CORRID—R ��o� � IMPROVEMENTS - PHASE �'�.` ��`� �1� CIP # 1 383 Prepared by P.W./Eng./Eng.Support Services Bureau 08/17/2021 X:ACADD\Projects\ARC Files\AGENDA MAPS\Shore Drive Phase IV 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100160, "ELBOW ROAD 3 EXTENDED PHASE II-D," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $2 million in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100160, "Elbow Road Extended Phase II-D." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1 . The City Council supports the application for Project# 100160, "Elbow Road 29 Extended Phase II-D," to the Virginia Department of Transportation Revenue Sharing 30 Program. 31 32 2. The City Council hereby commits to fund the City's local share of preliminary 33 engineering, right-of-way, and construction, as applicable, of Project # 100160, "Elbow 34 Road Extended Phase II-D," under agreement with the Virginia Department of 35 Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. 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: Budget and Management Services Ci m Office CA15522 R-1 August 26, 2021 '� �� ice, �r �/ .- ' ilitt -�/ ►� •�� II--41 ��'1>111 j- W �� I �� N ►�i 4//�`I/ stilUrtirkiit/ , •1►ttll�-4\. 4 w _a — E ''.;!/& 41% i .1 . eld-V TMAt 41 ICifipp . 6....... ►t II� �►,'� 0414\4446 ��Iltjt �f s .��►� Ro -ter �►�•��;. 4 �IN �o 101.4 0. 06.'4' 10N1 Ille tiF„,,0 NIMMO"Al,_, tlllllllllllll„A.1 4 --'mft.o,Pa,f ar rfa.# ,,•- ` SITE .. �-��irj4��wr ��k'�Il F�,AZ : RIV . Vatsy AI■ �. fe74/9('Y .,..„zoo. 1,, ...„m.,.. Nor, .1_, ,. houvr,__ (4.‘‘Is% Ai I / , 'ill d a ��I j�� piopier ..„,<-10, cYp f' �� Nth. V**Alfilai Ir.to � 4410 � e ms ':�iti :►� � L,\fi 1 ..- . sai, , v.__ %sae litiA V •,.. Or' 4,„./-,I,-"• /imp � lb�, tat!'�111 NNE / -*ear ' ) alvi*t.," ^I • •ii-1 41(arre in ii 1 h, __-- \, rillMO-.�t` � �' imp 4'',,40::V CFT f ` z ''\ tee.4" i • .1011" ---\40,4e.gv ,*--0, ."*.*. "I \ \ gell•fit ,4001 r ztl . -, \ **olia0#011i 441 t taiftrn...„(1 \\\‘7 ,..- \ _/-1 0 Sr MI ' P- ,\ LOCATION MAP P' °\ ELBOW ROAD PHASE II-D CIP # 100160 4W ' _ Feet \�� 0 500 1,000 2,000 Prepared by P.W/Eno./Eno Su000rt Services Bureau 08/17/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Road Phase II-D 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT# 100548, "PUNGO FERRY 3 ROAD IMPROVEMENTS," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $500,000 in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100548, "Pungo Ferry Road Improvements." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1 . The City Council supports the application for Project # 100548, "Pungo 29 Ferry Road Improvements," to the Virginia Department of Transportation Revenue 30 Sharing Program. 31 32 2. The City Council hereby commits to fund the City's local share of preliminary 33 engineering, right-of-way, and construction, as applicable, of Project # 100548, "Pungo 34 Ferry Road Improvements," under agreement with the Virginia Department of 35 Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. 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 Budget and Management Services A y' Office CA15523 R-1 August 26, 2021 I W _4 E STE m N 1 ? t o m z i t I. r. ___ p: a • • a =�i a 0 e® — PUNGO NGO FERRYRD'-%it 41116 raw witi ,Np oo ilk`4 1 iti It: i* i , „ _, iiir IVA irfr 'fr-J I., ...A ;z.,,� LOCATION MAP "APUNGO FERRY ROAD IMPROVEMENTS 13, C I P # 100548 O Feet 0 750 1,500 3,000 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100278, "NIMMO 3 PARKWAY PHASE VII-B," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $500,000 in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100278, "Nimmo Parkway Phase VII-B." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. The City Council supports the application for Project # 100278, "Nimmo 29 Parkway Phase VII-B," to the Virginia Department of Transportation Revenue Sharing 30 Program. 31 32 2. The City Council of the City of Virginia Beach hereby commits to fund the 33 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 34 of Project # 100278, "Nimmo Parkway Phase VII-B," under agreement with the Virginia 35 Department of Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. 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: CaWp dget and Management Services ,C- me Office CA15524 R-1 August 23, 2021 a, cuI _ v . o - .s0A v N 4 W •0' , W �� E ' n �_ '1 0 ( s s9 , , ri ` �OeR'O0F SITE /� 2 ,K ap J.A . O ts p..'il til DP. 00•mot ,;,it AS. ., ®0 i�'NPao*Os& Alit 4,....... eip,,s'y • look ao je0 4 .p,) ,,zz,.44 `' c . AP 1 , Al, VV4 P ��;# ON . , a0,136 �4v or©©e0Q �ivC��,y p i Otos* 4.1 Pi 174. -<.•*V 6**fe' ' t IrvoaC,1. zt, �a wp'"r-M 8 0 let. 42 ti 4 00**Vite, 0 c -411111161 60 *a"1.4!i;"7: . - ...-- A ®riff" � tm5JIA4 `vmv-�PP41/4#411, Ii• 4t, - al 4.. g.o.,;,,,, p-- ------ it" "v444.,17.-&j,44311TIPVISII: 4010icn o m ct m ob_ !S ��io LOCATION MAP • V Wi toVr 11.4°* b ' ,ll�� °'G./a .1. ePi, D' Nimmo Parkway - PhaseVll-B s. . . CIP # 100278 Vat' " V 1 o Feet 0 600 1,200 2,400 /Iy. weep �� tiHr. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's 2021 Applications for the Virginia Transportation Alternatives Set-Aside Program for FY 2022-23 and FY 2023-24 MEETING DATE: September 7, 2021 • Background: The Surface Transportation Block Grant Program is established by 23 United States Code § 133. This program distributes federal funds to states to give states "flexible funding to address state and local transportation needs." Subsection h of § 133 creates a "set-aside" portion of the overall block grant to be used on projects related to transportation alternatives. Transportation alternatives are activities that expand travel choices, such as pedestrian and bicycle facilities, or are community improvement activities that result in an enhanced transportation experience, such as historic preservation, vegetation management, and environmental remediation. The program to implement the set-aside is known in the Commonwealth of Virginia as the Transportation Alternatives Set-Aside. The Virginia Department of Transportation administers the Transportation Alternatives Set-Aside through an application process on a biennial cycle. The 2021 applications are for allocations in FY 2022-23 and FY 2023-24. Applications require a minimum 20% local match; however, higher than minimum commitments garner additional points during the evaluation process. Funding is ultimately provided on a reimbursement basis. • Considerations: The following four projects have been identified as candidates for the Transportation Alternatives Set-Aside: 1. Cape Henry Lighthouse Masonry Restoration — This project will repair damage from environmental factors and the installation of a stairway 150 years ago. Some materials, especially the Aquia sandstone around the window and door openings, have reached a critical deterioration point. This project will ensure the continued long- term viability of the Cape Henry Lighthouse as a heritage tourism destination. The total project cost is estimated at $1,918,119. The lighthouse owner, Preservation Virginia, will provide the required 20% local match, $383,624, and requests the remaining $1,534,495 from the Transportation Alternatives Set-Aside. The City has previously leveraged federal funds for restoration work at Cape Henry Lighthouse, and this project would use a similar approach. 2. Independence Blvd / Baxter Road Intersection Pedestrian Improvements — This project provides an at-grade pedestrian crossing at the South Independence Boulevard and Baxter Road / South Boulevard intersection. Crosswalks will be installed across the eastbound and northbound approaches; ADA ramps and a five- foot sidewalk will be constructed around the radius on the northwest, southwest, and southeast corners that includes pedestrian signal heads and push-buttons;the median on the northbound approach will be widened to six-feet for a pedestrian refuge that has a cut-through and pedestrian signal head and push-button; and curb ramps on the northwest and southeast corners that tie into planned sidewalk construction projects along South Independence Boulevard and South Boulevard. The total project cost is estimated at $403,850. The City will provide a 31% local match, $125,193, from CIP Project # 100423, "Traffic Safety Improvements IV" and request the remaining $278,657 in Transportation Alternatives Set-Aside funds. 3. Seaboard Road Sidewalk—This project will provide a six-foot wide concrete sidewalk along the eastern side of Seaboard Road from the northern entrance of Princess Anne Elementary School to Live Oak Trail, a total distance of approximately one thousand linear feet. The proposed sidewalk is on existing right-of-way and City-owned property, and it would connect to an existing sidewalk at both ends. This project includes new accessible curb ramps at each driveway along Seaboard Road. The total project cost is estimated at $598,604. The City will provide a 31% local match, $185,567, from CIP Project # 100423, "Traffic Safety Improvements IV" and request the remaining $413,037 in Transportation Alternatives Set-Aside funds. 4. Woodstock Road Sidewalk — This project will provide a five-foot concrete sidewalk along the western side of Woodstock Road from the northern entrance of New Song Fellowship Church to Walker Road, a total distance of approximately 2,650 linear feet. The proposed concrete sidewalk will connect existing sidewalk at both ends. Most of this sidewalk will be located within existing right-of-way. ADA ramps will be constructed where needed. The total project cost is estimated at $1,356,308. The City will provide a 31% local match, $420,456, from CIP Project # 100423, "Traffic Safety Improvements IV" and request the remaining $935,852 in Transportation Alternatives Set-Aside funds. • Public Information: Public information will be handled through the normal Council Agenda process. Additionally, as a requirement of the application, a public hearing is to be held. A notice was published in the Virginian-Pilot on August 29, 2021 welcoming public comment at the September 7th meeting. • Attachments: Location Maps (4), Resolution Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: I ; 1 A RESOLUTION TO SUPPORT THE CITY'S 2021 2 APPLICATIONS FOR THE VIRGINIA TRANSPORTATION 3 ALTERNATIVES SET-ASIDE PROGRAM FOR FY 2022- 4 2023 AND FY 2023-2024 5 6 WHEREAS, the City of Virginia Beach is an eligible sponsor to submit 7 applications through the Virginia Department of Transportation for funding from the 8 Transportation Alternatives Set-Aside; 9 10 WHEREAS, the City has identified four high-priority projects as candidates for 11 this funding; and 12 13 WHEREAS, appropriated funds are available to meet the submitted local match 14 for each City financed project and Preservation Virginia has committed to provide the 15 local match for its requested project; and 16 17 WHEREAS, the total federal funds requested through this application is 18 $3,162,041. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1 . The City of Virginia Beach City Council hereby supports Transportation 24 Alternatives Set-Aside applications for the following projects: 25 a. Cape Henry Lighthouse Masonry Restoration 26 b. Independence Boulevard / Baxter Road Intersection Pedestrian 27 Improvements 28 c. Seaboard Road Sidewalk; and 29 d. Woodstock Road Sidewalk. 30 31 2. Should any project in this resolution be awarded funding, the City hereby 32 commits to fund the local share, or in the case of Cape Henry Lighthouse to seek 33 contribution from Preservation Virginia for such share, of preliminary engineering, right- 34 of-way, and construction, as applicable, of the projects that shall come under agreement 35 with the Virginia Department of Transportation in accordance with the project financial 36 documents. 37 38 3. The City Manager and/or his designee is hereby authorized to execute all 39 agreements and/or addenda for approved projects with the Virginia Department of 40 Transportation. 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' Budget and Iv anagement Services C. e ' Office CA15525 R-1 August 26, 2021 N I SITE W '�� E I s SN �oa ov, `, o yL L SKANR0 CAPE HENRY LIGHTHOUSE I VIRt 3 Y �j - 64 40=1 ` Q ®O O O 0 Z �� 4,- ,. -17... , j04q �` Ng eF \ s -, . „______0 --i/ z,v- :;----' .e- , s,c,s (1)•\..; -,..__4,1 rt. ez... , .00_V.; A, ,‘ ti+ tip, --- R. Cr'' ii 0 . .6 ...v.e *_,c1, 13 COASTART ' ® Q° �,�� IL�ERy.RD -' VPf X ° If 0 P 'o / •° ''44't, N.9 4 -;\), gliiiiiiin‘i , '\ s , � c am \ 3\k: -------: k% --___...-...Q RF0, �A 4aa ze OA In A cr LOCATION MAP CAPE HENRY LIGHTHOUSE Feet 0 500 1,000 2,000 <Vas YANR VIRGINIA BEA• BLVD `. `0..'V"),.., ' -.Cn---5--n- „%.„ 1 0%,i ll. 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BAXTER ROAD PEDESTRIAN IMPROVEMENTS 0 200Feet 400 800 b L i N 4 rf, 'N. NNW)RW.4„ N4774,,t' 10111 [D , , I.I TO a 0 — Princess Anne Elementary School o i &I 0 1 __ , r 11- \ .\---- -\‘ ___ , ‘N) ' 1 ./ / ' f',7-------- -: _ C,:i ''''' - --- , Q\-__..3, 0 0 .,., i s ) \ --- M-------- - \\\ \ -k1-9 ---- 0 /,-.1- e(/ 0 --, \ - 0 _ <-2.S' . \ '''' -:.-V,-) fri \ '\./ -9a 0 if. • co /. /4 1 k LOCATION MAP 'Q° SEABOARD ROAD SIDEWALK cr. . Feet 0 100 200 400 / c° - b 4aliri / 1„.,,., •67/1[411511a Li 0 n - . # . or .1 D • N Alkalli • 7- D C] 0 D a SITE Lic-, I ' s ,46_,,T, PR.1/, _WO-ODHAVEN:CT .„:„, ____ ,410 . 0 IN [—] e-P-Imp c'eNcE-. / ' ' [-7 — ....adli.E3 ci° WAI1KERr.RD D i 7 FERRELL [CI U in Cl. q- 1 AIIN E inirn ". - 6-.HAM LET--RD _c, g ,..._. — — miIP U I [ v L_ El ffi III .....1 1 Li rm a ._, _ OAK-TERR-AtE D R7 w- Jo T.I7 Lf Es __,0 Z li . • 0 ':•=C WLII ' E, .11 II cc o e [11 i.1 c 0 \-I I ,t----,--r': nr-i rt i - ED rili[q p Hi----' 1 D . 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IN 0 ODSTOCK ROAD SIDEWALK i .1__r,„.„- --.0 mou Feet ti -----1 0 200 400 800 muff Q3N 11 iI si CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Approving a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorder Services MEETING DATE: September 7, 2021 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local community services boards (CSBs) and Behavioral Health Authorities. This contract specifies the services to be provided by a CSB, the costs of those services, and all revenues used to support the services. Additionally, the contract stipulates all state and federal statutory and regulatory requirements applicable to a CSB and contains outcome and performance measures for a CSB. Under the provisions of§ 37.2-509(A)(5) of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. • Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. The funding sources that support the $64,484,229 contract consist of: o $23,861,975 in total fee revenue; o $21,194,128 in local matching funds from the City; o $12,974,044 in revenue from the Commonwealth; o $2,045,532 in federal revenue; o $3,386,992 in revenue from other sources; o $405,478 in Commonwealth retained earnings; and o $616,080 of regional state funding paid directly to vendors on behalf of the Virginia Beach CSB. In a return to normal operating procedures, the performance contract this year is for the full fiscal year. The FY 2022 Performance Contract was approved by the Virginia Beach CSB at a board meeting on August 19, 2021. • Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30-day window expired on July 30, 2021. • Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 19r9 1 A RESOLUTION APPROVING A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER 4 SERVICES 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services(DBHDS)provides funding for mental health,developmental,and substance use 8 disorder services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 19, 2021 14 meeting, approved the FY 2022 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council of Virginia Beach hereby approves the Fiscal Year 2022 21 Performance Contract with the Commonwealth of Virginia, a summary of which is attached 22 as Exhibit A, for a period concluding June 30, 2022. 23 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: Budget and Management Services o 's ffice CA15520 R-1 August 26, 2021 FY2022 And FY2023 Community Services Performance Contract FY 2022 Exhibit A:Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-12) Funding Sources Mental Health Developmental Substance TOTAL (MN)Services (DV)Services Use Disorder (SUD) Services State Funds 9,858,130 857,558 2,458,356 12,974,044 Local Matching Funds 10,836,849 9,263,375 1,093,904 21,194,128 Total Fees 4,132,386 19,126,716 602,873 23,861,975 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 315,522 0 1,730,010 2,045,532 1 Other Funds 2,391,073 323,750 672,169 3,388,992 State Retained Earnings 405,478 0 0 405,478 Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 27,739,438 29,571,399 6,557,312 63,868,149 State Funds One-Time 0 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 27,739,438 29,571,399 6,557,312 63,868,149 Cost for MHIDV/SUD Services 26,204,131 29,351,414 3,510,106 59,065,651 Cost for Emergency Services (AP-4) 4,702,754 Cost for Ancillary Services (AP-4) 715,824 Total Cost for Services 64,484,229 Local Match Computation CSB Administrative Percentage Total State Funds I 12,974,044 Administrative Expenses 7,652,594 Total Local Matching Funds 21,194,128 Total Cost for Services 64,484,229 Total State and Local Funds 34,168,172 Admln!Total Expenses 11.87% Total Local Match % 62.03% (Local I Total State + Local) Report Date 8/1912021 AF-1 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,666,879 MH Fees:Other 465,507 Total MH Fees 4,132,386 MH Transfer Fees In/(Out) 0 MH Net Fees 4,132,386 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG Crisis Services(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MH Federal COVID Emergency Grant(93.665) MH Other Federal-DBHDS 0 MH Other Federal-COVID Support MH Other Federal-CSB 47,405 Total MH Federal Funds 315,522 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total Net MH Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 29,672 Total Net MH Regional DAP-Restricted 29,672 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total Net MH Expanded Community Capacity 302,709 AF-3 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total Net MH First Aid and Suicide Prevention 0 MH STEP-VA Outpatient(Fiscal Agent) 608,975 MH STEP-VA Outpatient Transfer In/(Out) 12,500 Total Net MN STEP-VA Outpatient 621,475 MH STEP-VA Crisis(Fiscal Agent) 0 MH STEP-VA Crisis Transfer In/(Out) 0 Total Net MH STEP-VA Crisis 0 MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0 MH STEP-VA Clinician's Crisis Dispatch Transfer In/(Out) 0 Total Net MH STEP-VA Clinician's Crisis Dispatch 0 MH STEP-VA Peer Support(Fiscal Agent) 142,482 MH STEP-VA Peer Support Transfer In/(Out) 0 Total Net MH STEP-VA Peer Support 142,482 MH STEP-VA Veteran's Services(Fiscal Agent) 102,108 MH STEP-VA Veteran's Services Transfer In/(Out) 0 MH STEP-VA Veteran's Services 102,108 MH Forensic Discharge Planning(Fiscal Agent) 0 MH Forensic Discharge Planning Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning 0 MH Permanent Supportive Housing(Fiscal Agent) 917,168 MH Permanent Supportive Housing Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing 917,168 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 0 Total Net MH Unrestricted Regional State Funds 1,468,833 Total Net MH Regional State Funds 4,379,381 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75,000 MN Juvenile Detention 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MN Crisis Response&Child Psychiatry Transfer In/(Out) 169,369 Total Net MH Restricted Crisis Response&Child Psychiatry 169,369 Total State MH Children's Funds(Restricted for Children( 719,754 AF-4 Report Dote 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Rural Jail Diversion 0 MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 348,668 MH Expand Telepsychiatry Capacity 0 MH PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH Gero-Psychiatric Services 0 MH STEP-VA-SDA,Primary Care Screening and Ancillary Services 467,129 MH Young Adult SMI 0 Total MH Restricted Other State Funds 2,535,206 MH State Funds 2,023,789 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,023,789 Total MH Other State Funds 4,558,995 Total MH State Funds 9,658,130 OTHER FUNDS MH Other Funds 2,391,073 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 405,478 MH Other Retained Earnings 0 Total MH Other Funds 2,796,551 LOCAL MATCHING FUNDS MH Local Government Appropriations 10,836,849 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 10,836,849 Total MH Funds 27,739,438 MH ONE-TIME FUNDS MH FBG SMI(93,958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH One-Time State Funds 0 MH One-Time Restricted State Funds 0 Total One-Time MH Funds 0 Total MH All Funds 27,739,438 AF-5 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 6,735,511 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 11,810,172 DV Fees:Other 581,033 Total DV Fees 19,126,716 DV Transfer Fees In/(Out) 0 DV Net Fees 19,126,716 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-COVID Support 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 857,558 DV OBRA Funds 0 Total DV Unrestricted State Funds 857,558 DV Trust Fund(Restricted) 0 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In/(Out) 0 Total Net DV Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 857,558 Report Dote 8/19/2021 AF-6 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,750 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,750 LOCAL MATCHING FUNDS DV Local Government Appropriations 9,259,931 DV Philanthropic Cash Contributions 3,444 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 9,263,375 Total DV Funds 29,571,399 DV ONE-TIME FUNDS DV One-lime State Funds 0 DV One-Time Restricted State Funds 0 Total One-Time DV Funds 0 Total DV All Funds 29,571,399 Report Date 8/19/2021 AF-7 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 601,416 SUD Fees:Other 1,457 Total SUD Fees 602,873 SUD Transfer Fees In/(Out) 0 Sud Net Fees 602,873 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SUD FBG Co-Occurring(93,959) 34,574 SUD FBG New Directions(93.959) 0 SUD FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD FBG Prev-Family Wellness(93.959) 0 Total SUD FBG Prevention Funds 279,020 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal YSAT—Implementation(93.243) 0 SUD Federal Opioid Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SUD Federal Opioid Response—Prevention(93.788) 0 Total SUD Federal Opioid Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SUD Other Federal-COVID Support 0 SUD Other Federal-CSB 12,791 Total SUD Federal Funds 1,730,010 AF-8 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total Net SUD Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification—Transfer In/(Out) 0 Total Net SUD Community Detoxification 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA -Transfer In/(Out) 0 Total Net SUD STEP-VA-Restricted 0 Total Net SUD Regional State Funds 476,036 Other State Funds SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD MAT-Medically Assisted Treatment 130,000 SUD Permanent Supportive Housing Women 0 SUD SARPOS 76,097 SUD Recovery 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,513,420 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,774,423 Total SUD Other State Funds 1,982,320 Total SUD State Funds 2,458,356 OTHER FUNDS SUD Other Funds 672,169 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 672,169 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,093,904 SUD Philanthropic Cash Contributions 0 AF-9 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,093,904 Total SUD Funds 6,557,312 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD One-Time State Funds 0 SUD One-Time Restricted State Funds 0 Total SUD One-Time Funds 0 Total All SUD Funds 6,557,312 AF-10 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY 2022 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 21,190,684 Total Local Government Tax Funds: 21,190,684 Report Date 8/19/2021 AF-11 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 27,739,438 29,571,399 6,557,312 63,868,149 Cost for MH,DV,SUD, 26,204,131 29,351,414 3,510,106 4,702,754 715,824 64,484,229 Emergency,and Ancillary Services Difference 1,535,307 219,985 3,047,206 -4,702,754 -715,824 -616,080 Difference results from Other: 616,080 Explanation of Other in Table Above: DAP to be paid on behalf of VBCSB by WTCSB Report Date 8/19/2021 AF-12 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 32.72 FTEs 2150 $4,901,272 312 Medical Services 22.88 FTEs 2580 $3,875,305 350 Assertive Community Treatment 12.75 FTEs 100 $1,905,074 320 Case Management Services 57.13 FTEs 1455 $6,443,002 410 Day Treatment or Partial Hospitalization 6 Slots 18 $156,650 425 Mental Health Rehabilitation 41 Slots 80 $1,616,366 460 Individual Supported Employment 3.75 FTEs 37 $385,595 510 Residential Crisis Stabilization Services 8 Beds 320 $2,873,671 521 Intensive Residential Services 4 Beds 4 $240,000 551 Supervised Residential Services 32 Beds 40 $939,968 581 Supportive Residential Services 13.63 FTEs 145 $2,836,466 610 Prevention Services 0.2 FTEs $30,762 C Totals 6,929 $26,204,131 Report Date 8/19/2021 AP-1 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 320 Case Management Services 30.22 FTEs 965 $3,868,550 425 Developmental Habilitation 43 Slots 86 $3,984,154 I I 465 Group Supported Employment 10 Slots 38 $709,261 460 Individual Supported Employment 11.2 FTEs 175 $898,613 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 42 Beds 42 $13,221,134 521 Intensive Residential Services 25 Beds 25 $3,416,884 551 Supervised Residential Services 7 Beds 7 $593,633 581 Supportive Residential Services 36.06 FTEs 55 $2,659,185 Totals 1,393 $29,351,414 Report Date 8/19/2021 AP-2 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 5.55 FTEs 300 $761,010 335 MedIcation Assisted Treatment Services 0.75 FTEs 150 $925,774 320 Case Management Services 1.88 FTEs 60 $187,868 410 Day Treatment or Partial Hospitalization 4 Slots 12 $90,245 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 2 Beds 105 $642,479 521 Intensive Residential Services 2 Beds 16 $65,231 610 Prevention Services 5.8 FTEs $837,499 Totals 643 S3,510,106 Report Date 8/19/2021 AP-3 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 37.58 FTEs 3175 S4,702,754 318 Motivational Treatment Services 0.25 FTEs 27 $42,568 390 Consumer Monitoring Services 3.58 FTEs 279 $432,808 720 Assessment and Evaluation Services 2.2 FTEs 405 $240,448 Totals 3,886 $5,418,578 Report Date 8/19/2021 AP-4 FY2022 And FY2023 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2022 Table 2a: FY 2022 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $155,002.00 $155,002.00 $155,002.00 0.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? Li a federally qualified health center Name: a free clinic Name: Li a local health department,or Name: another organization Name: 3.Where is primary health (medical)care provided? n on-site in a CSB program, C on-site at the primary health care provider, or another site--specify: 4.Where is behavioral health care provided? on-site in a CSB program, 0 on-site at the primary health care provider,or Li another site--specify: Report Date 8/19/2021 AP-5 :JrIZ i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing an Increased Contribution of Funds to the Department of the Army for Rudee Inlet Maintenance Dredging MEETING DATE: September 7, 2021 • Background: The City and the United States Army Corps of Engineers ("USACE") collaborate on various projects including the operation and maintenance of Rudee Inlet. For an upcoming maintenance dredging project, the USACE has offered the opportunity for the City to contribute local funds for the dredging of the federal channel at Rudee Inlet and the placement of sand on the Croatan and Resort Beaches. In April 2021, the City Council approved a Memorandum of Agreement for the contribution of funds for this project with an estimated City contribution of$1 ,250,000. The bids have been opened, and there is need to increase the City's contribution by $350,000 to allow the letting of the contract. • Considerations: The funding necessary to provide the additional $350,000 is currently available in Capital Project 100344, "Rudee Inlet Federal Dredging — Phase II." • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Public Works ^'`A `' City Manager: tq r 1 A RESOLUTION AUTHORIZING AN INCREASED 2 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 3 OF THE ARMY FOR RUDEE INLET MAINTENANCE 4 DREDGING 5 6 WHEREAS, in April 2021 . the City Council authorized the execution of a 7 Memorandum of Agreement for the City to contribute funds for the dredging of the Rudee 8 Inlet federal channel and sand placement on the Croatan and Resort beaches with an 9 estimated City contribution of$1,250,000; 10 11 WHEREAS, the bids have been opened, and the required City contribution has 12 increased $350,000: and 13 14 WHEREAS, the additional $350,000 is available in Capital Project 100344, "Rudee 15 Inlet Federal Dredging — Phase II;" 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council hereby agrees to increase the City's contribution for Rudee Inlet 21 Maintenance Dredging by $350,000, which, in addition to the $1,250,000 authorized by 22 the City Council in April 2021, makes the total City contribution approximately $1,600,000. 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: xfitA4,\ (1.A Department of Public Works Ct r y's Office CA15536 R-1 September 1, 2021 rvuy�� ro ._}4'� it 1 ,„ 4: 4...,,,..-, :::.:.:.r.:-::-. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinances Extending the Date for Satisfying the Conditions in the Matters of Closing an Improved Portion of Right-of-Way Adjacent to Properties on the South Side of 75th Street and West of Atlantic Avenue MEETING DATE: September 7, 2021 • Background: On September 15, 2020, by Ordinances ORD-3639EE & ORD-3639FF, City Council approved the request by James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation (the "Applicant"), to close approximately 1,275 total sq. ft. of an improved portion right-of-way (collectively, the "Right-of-Way"), adjacent to 2 residential properties located on the south side of 75th Street and west of Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, 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 or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. On July 30, 2021, the Applicant requested additional time to satisfy said conditions and staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of two (2) yeaisfor satisfaction of the conditions. • Attachments: Ordinances (2) Location Map Disclosure Statement Form List of Adjacent Property Owners Recommended Action: Approval. Submitting Department/Agency: Planning Departmentg97 City Manager: ,' 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 204A & 204B 75TH STREET AND 202 6 75TH STREET 7 8 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 9 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 10 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 11 1,170 sq. ft. of an improved portion of right-of-way adjacent to property located at 204A 12 & 204B 75th Street and 202 75th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3639EE) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 September 14, 2021; and 17 18 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 19 satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 25 3639EE) adopted on September 15, 2020, upon application of James T. Cromwell, 26 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 27 September 14, 2023. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 30 of , 2021. 31 32 No GPIN assigned (Right-of-Way) 33 Adjacent to GPINs: 2419-66-2825-0001, 2419-66-2825-0002 and 2419-66-2899 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 1 City Attorney Planning Departmint CA15397-1 \\vbgov.co m\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 7406 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 105 sq. ft. of an unimproved right-of-way adjacent to property located at 7406 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639FF) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639FF) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-66-3824 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: blact, tiki-et,,,) City Attorney Planning De rtmen CA15397-2 vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 II R-5�R 4NaEO WONIIIIPVISIF". " � � 1..!1� ' ACIAIS "101;1111;i1 01.\ % # \ r I �1 1 LA i r1'"s$t R-STRW E !I iltill �i \\ ' _, . 1 \A., ; �. - ØWV1 � R�5�R lP-1 \____-s--'-0 e 111 II R--4R(N-E-)-\- ,A15, 01 -1-- -----al ----------"-r-intaliliii \FLO It OU tWi_ fA-- - koOso . . . - -- ' w ori ram r_ A-------ii ' O. !,' �ti1- . 01%, ilk 1 R5 - 1RL (N E) imilatibilli7agiortardallkiii5 ROVE , tli re 4, Site James T. Cromwell, Esq. , 1► Property_Polygons Alleys and lanes adjacent to properties w,IJ E Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle e Feet Building 0 2040 80 120 160 200 240 .1(43 t`lrginin Ire<dt APPLICANT'S NAME James T.Cromwell,Receiver DISCLOSURE STATEMENT FORM 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 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 Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodpiain Variance Appropriateness -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ��..-. The disclosure*contained in this form =.,, necessary to inform public officials who may vote on the «npilcat€ce as to whether they have a conflict of intere!t under Virginia law. • - - SECTION 1 / APPLICANT DISCLOSURE Fri G7Y USE update 1 pilot to any Page 1 of 7 Olauatiny C.onuuisston and Cil,Council nteetitKI 11111..1.42 lams Io Uit_ licaticnsl.J APPLICANT N01111LD 01 NEARING DATE'go ,�,��i No CHANGES AS OF f)ATE 9�2020 NI,LC G 111� ,,Vroet, I t1 REVISIONS SUBMITTED DAit _ NAB Virginia Rea& El Check here if the APP)ICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. LCheck here if the APPLICANT a a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:°_______ee____________ If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary a or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes r and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If n t-overly owner is II Teaerti fromAilidirent. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:____°_____ _______________ if an LLC,list the member's names: Page 2 of 7 e%rr9�£'R'FSS' na9rcg i 14 Virltnui Beach If a Corporation,list the names ofall officers, directors,members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner:(Attach list If necessary) i Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or Indireaiy 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§2.2.31 of. 2 'Affiliated business entity relationship' means 'a relationship, other than ftarent•subsWlary relationship,that exists when(I)one business entity has a controlling ownership Interest In the other business entity, 01►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 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 dose 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 sub-ect of the aoplication or any business siueretino ttr to bg opted on the Property. If the answer to any Item Is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 \iiii APPLICANT Virginia YES I NO I I SERVICE PROVIDER lust addistortal sheets if needed) ® ® Accounting and/or preparer of your tail return Fri Architect/Landscape Architect/ — — Land Planner ® Contract Purchaser Of other thart the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U ® purchaser of the subject property (identify purchasers)and purchaser's service providers) EA Ej Construction Contractors — Engineers/Surveyors/Agents WPL Financing(Include current n ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E0 Legal Services Sykes,Bourdon,Ahern&Levy,P.C. - Real Estate Brokers/ 0 ® Agents/Realtors for current and anticipated future sales of the subject property I SEC)IOh 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ®s an official or employee of the City of Virginia Beach have Ei z !an interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? .- - ,�..- _ ._ Page 4 of 7 � J - CERTIFlCAT70Al: -.le I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I 1 I understand that, upon receipt of notification that the application has been E 9 scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this 1 Application. r, i ; r James T.Cromwell,Receiver 7/08/2020 1 ice Y siCNAruai Miff NAME BATE Page 5 of 7 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 202 75th Street - ORD-3639EE GPIN: 2419-66-2899 (Lot 4A)* Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 204A & 204B 75th Street - ORD-3639EE GPINs: 2419-66-2825-0001* & 2419-66-2825-0002*; 2419-66-2825 (Lots 47, 48 & 49)* Owner Name: Blevins, Valerie G. Address: 7406 Atlantic Avenue - ORD-3639FF GPIN: 2419-66-3824 (Lot 3A)* <tr }s), CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Extending the Date for Satisfying the Conditions in the Matters of Closing Portions of Unimproved Rights-of-Way Adjacent to Properties Along 75th and 76th Streets and West of Atlantic Avenue MEETING DATE: September 7, 2021 • Background: On September 15, 2020, by multiple Ordinances, City Council approved the request by James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation (the "Applicant"), to close approximately 5,238 sq. ft. of portions of unimproved rights-of-way (collectively, the "Right-of-Way"), adjacent to 13 residential properties located along 75th and 76th Streets and west of Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, 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 or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. On July 30, 2021, the Applicant requested additional time to satisfy said conditions and staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of two (2) years-for satisfaction of the conditions. • Attachments: Ordinances (13) Location Map Disclosure Statement Form List of Adjacent Property Owners Recommended Action: Approval. Submitting Department/Agency: Planning DepartmentW City Manager: , ,j / 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 217 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 375 sq. ft. of an unimproved right-of-way adjacent to property located at 217 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639E) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639E) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPINs: 2419-56-8972 and 2419-56-9902 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 6(A , Gthz ) W 0_y City Attorney Planning D partm dnt CA15396-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 215A AND 215B 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 215A and 215B 11 75th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639F) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639F) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-56-9954-0001 and 2419-56-9954-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: I ua a .0. 6121,1 9-\' c City Attorney Planning Depa ment CA15396-2 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 213 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 213 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639G) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639G) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-56-9993 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Latta City Attorney Planning De rtme CA15396-3 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 211 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 211 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639H) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639H) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-0933 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: • (Ilk. 47//1) City Attorney Planning D artme t CA15396-4 1\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 209 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 209 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-36391) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 36391) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-0975 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: L u G IL't , updg2rv1/4) City Attorney Planning epartm2nt CA15396-5 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 205 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 205 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639J) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639J) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-1927 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: L t(& Gi.ht- 2,.-v City Attorney Planning epart ent CA15396-6 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.d oc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING PORTIONS OF UNIMPROVED 4 RIGHTS-OF-WAY ADJACENT TO 203 75TH STREET 5 6 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 7 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 8 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 9 1,763 total sq. ft. of unimproved rights-of-way adjacent to property located at 203 75th 10 Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639K) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639K) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 2419-67-1078- 32 1850 and 2419-67-1047 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ,4, , W i.JGgru City Attorney Planning De rtmerit CA15396-7 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 218A AND 218B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 218A and 218B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639L) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639L) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-57-8032-0001 and 2419-57-8032-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning D artmeiit CA15396-8 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 216A AND 216B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 300 sq. ft. of an unimproved right-of-way adjacent to property located at 216A and 216B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639M) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639M) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-57-8093-1216 and 2419-57-8093-2216 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning D partment CA15396-9 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 214 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 214 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639AA) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639AA) adopted on September 15, 2020, upon application of James T. Cromwell, 24 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 25 September 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-57-9052 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: g. whit. City Attorney Planning 141P), t CA15396-10 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 210 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 325 sq. ft. of an unimproved right-of-way adjacent to property located at 210 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639BB) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639BB) adopted on September 15, 2020, upon application of James T. Cromwell, 24 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 25 September 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-67-0003 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning D artmcnt CA15396-11 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 208A AND 208B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 312 sq. ft. of an unimproved right-of-way adjacent to property located at 208A and 208B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639CC) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639CC) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-67-0055 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning D partment CA15396-12 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 U'NIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 7500 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 413 sq. ft. of an unimproved right-of-way adjacent to property located at 7500 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639DD) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639DD) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-66-2998 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: C L Iti Q-' 114) Ph-) City Attorney Planning De artme t CA15396-13 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 1 R-5A(�N E, TIFOANWWSPIPTuw.„arrw-glin �� ►) irr tiV3 1111 A� ON o+ ��, �� RSA .N E, 1. I it 4 ( � y Ili* 4.„,71111`ill Ili Irl_ 2_. ;),_-,e 7:4/ /I" c--"A ir ��, r 4. R S,R�. �N E..,...4 � isa .!�iicetrio.1 I Pi a i **131:ry '''" I �, � C:1--Pill .:.� " olk mg 1 .‘5 0-14 ram . w:------- 1 li____ri 0 � r; ! k4i.��,, \,R, (NE) 11110...._ Of W7 , 4 CDO '*. 111111.111 AI rn Wbal R-5 R .N:E- - 11 3 ►_ 111 OU\t•W' IV 0 0 it r, fc t 431 • - rOW i •A,. R-51 (N E --5R . —am m 04,114..111 -��R ai lam; l. A Site James T. Cromwell, Esq. ,�, 17 Property_Polygons Alleys and lanes adjacent to properties w -: E • I I located along 75th & 76th Streets S Zoning Parking Lot Drive Aisle Feet Building 0 2040 80 120 160 200 240 T _ 1an R-5?R (N i 111Paall �W.� �1 I I 00 - - 1& 1 •t 1 6\ AO lis _L 1\t-5 --/N_E‘ 1 ii;IF sa i i ow 31 or , 1 i i _ , 7p _i- , - 10011,salljavilt 1111,# ),;, ,,,,, I -- % or+ilii.-t-w1 "Itik 03 /A C 3 I 100 Il°I 0 11 Il Wil t j \ - - 1 , 1111 , , _,...._ , .., , ,,,,,5 , 1 ,___,. _ ,-Y „.. . n 4. -__ - 1 FMA(NE) P-1 If" --0 � e•gt ,� � \� I°7- _, '$141 1 W il ° I \ _e„ c:3 1 prlw ----o I R-5R N:E� is (,- ) it 0\3 tWi AiImINm NA401_i17,-:1-srvoe,in=1vgi..•itsitiiic, 1 - ,--, 410fo 41i i. .-m r,. j� R_9F �N E01)1 1�Ill ‘,„iammir� R.-5R(NE) domil // W Site James T. Cromwell, Esq. A,��'- E Property_Polygons Alleys and lanes adjacent to properties ;IJ Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle No Feet Building 0 2040 80 120 160 200 240 Virginia Burch APPLICANT'S NAME James T.Cromwell,Receiver 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 ternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A eels Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ _ rConditional 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 i i�R CtiY USE ONLY%A I dtscoscres must Le updated t Q�w+eks piler co anY r Page 1 of 7 Flaming C.omnrns1on and Ch.[thaw'mecum thin ye;WAS 10 tie_mai knouts). L. APPLICAN1 NO1111ED Cl HEARING DATE' r� �1 NO CHANGES AS OF DATE 19/3/2020M,LC i-��`'•��L�i, ! � REVISIONS SUBMITTED DAIS il� __ �r�^-�� .\43 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) Ust the Applicant's name:_____ ________ ,—_____ If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrooerly owner It different frontAm'lkan(. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ® Check here If the PROPERTY OWNER IS a corporation,partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page 2 of 7 mismisais 1113 Virginia Beach If a Corporation,list the names ofail officers, directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the 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 Conflctt of Interests Act,Va. Code 5 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, (iil a controlling owner in one entity is also a controlling owner in the other entity,or pll) 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 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 then Is otherwise a close working relationship between the entitles.'Sec State and Local Government Conflict of Interests Act, Va.Code 5 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 of to be operated on the Property. If the answer to any Item Is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 \;/3 APPLICANT Virginia Beech YES NO SERVICE I [ PROVIDER lure additional sheets If needed) Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed LiI i rvl purchaser of the subject property �! (identify purchaser(s)and purchaser's service providers) IConstruction Contractors x. Engineers/Surveyors/Agents_ WPL Financing(include current I ! ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO g Does an official or employee of the City of Virginia Beach have ❑ ® ;an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 NE Virginia Beach ---Annenimmin --- - CERTIFICATION: I certify that all of the Information contained In this Disdosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. n UR James T.Cromwell,Receiver 7/06/2020 a tAo ,SIGNATURE '{ PRIM NAME __ DATE Page 5 of 7 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391 GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Address: 211 75th Street - ORD-3639H GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Address: 7500 Atlantic Avenue - ORD-3639DD GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* 1 Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Addresses: 216A & 216B 76th Street - ORD-3639M GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Addresses: 218A & 218B 76th Street - ORD-3639L GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 202 75th Street - ORD-3639EE GPIN: 2419-66-2899 (Lot 4A)* 2 ( ( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance further extending the date for satisfying the conditions in the matter of closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive MEETING DATE: September 7, 2021 • Background: On September 19, 2017, by Ordinance 3519A, City Council approved the request by Princess Anne Real Estate Trust, a Virginia business trust (the 'Applicant") to close approximately 10,645 sq. ft. of an unimproved, right-of-way known as Lord Dunmore Drive ("Right-of-Way"), adjacent to its properties at 5241 Princess Anne Road and 5233 Princess Anne Road. An extension was approved by Ordinance 3565D on August 21, 2018, which extended the date to meet the conditions to September 18, 2019. A second extension was approved by Ordinance 3601B on September 17, 2019, which extended the date to meet the conditions to September 16, 2021. ■ Considerations: There were four(4) conditions to the approval of the street closure: 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 will be set according to the "Policy Regarding Purchase of City's Interest in Streets," except that the fee will be waived contingent upon the Applicant providing the City with a comprehensive release of claims, in a form agreeable to the City Attorney, as resolution of concerns raised by the Applicant related to impacts from the Princess Anne Road/Kempsville Road Intersection Improvements Project. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the portion of closed right-of-way into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. The resubdivision plat shall show an easement area for a public boat launch and two parking spaces, as well as an easement for ingress/egress thereto. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant was originally required to provide an easement for public access to the branch of the Elizabeth River adjacent to 5241 Princess Anne Road. The Applicant and City staff worked to identify the parameters of this easement. However, during this investigation, and while the application was pending, Parks and Recreation determined that the property did not meet their requirements and subsequently acquired a preferred site at a different location. Thus, the Applicant is now able to proceed with finalizing the street closure. The Applicant has submitted a subdivision plat to the Planning Department for review; however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On July 9, 2021, the Applicant requested additional time to finalize the Conditions set forth in Ordinance ORD-3519A, ORD-3565-D, and ORD-3601B. Staff concluded that granting another extension of time to satisfy these Conditions is reasonable. • Recommendations: Allow an extension of one (1)year for satisfaction of the conditions. e Attachments: Ordinance, Location Map and Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department -N:',/ City Manager: in9 1 AN ORDINANCE FURTHER EXTENDING 2 THE DATE FOR SATISFYING THE 3 CONDITIONS IN THE MATTER OF 4 CLOSING A 10,645 SQUARE FOOT 5 PORTION OF RIGHT-OF-WAY KNOWN AS 6 LORD DUNMORE DRIVE 7 8 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach 9 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust 10 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved, 11 right-of-way known as Lord Dunmore Drive; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 18, 2018; 16 17 WHEREAS, City Council adopted an Ordinance (ORD-3565D) to extend the 18 deadline to satisfy the conditions of the street closure to September 18, 2019; 19 20 WHEREAS, City Council adopted an Ordinance (ORD-3601 B) to extend the 21 deadline to satisfy the conditions of the street closure to September 17, 2021; 22 23 WHEREAS, on July 9, 2021, the Applicant requested an additional extension of 24 time to satisfy the conditions to the aforesaid street closure action; and 25 26 WHEREAS, staff recommends that an additional one (1) year extension be 27 approved. 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 30 Beach, Virginia: 31 32 That the date for meeting conditions of closure as stated in the Ordinance 33 adopted on September 18, 2018 (ORD-3519A), upon application of Princess Anne Real 34 Estate Trust, is extended to September 6, 2022. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 37 of _, 2021. CA 15391 Wopov.comk1f5 1 WpplicatiomlCityLxw\Cyccm3?1WPDOCS\001S1P03910073BB63.DOC R-1 July 15, 2021 APPROVED AS TO LEGAL APPROVED AS TO CONTENT. SUFFICIENCY: City Attorney Planning D4partment No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) AR/� �'.N.S07'INA/ R/W TOS BE (4N -070, 0 R�q CLOSED z 20090630000 s9o9 (Vq •///////// ,00006 38300\P<<R) RAV) Pi ii 2 k�STiN //• N 8 44,9'W 4 T) eR'ck STORY 1 �� #s�'A/c�Mf 11 4, EX. CONCREE , ///// //// GUT`_,-r'1 EXISTING i -1- ' 1', PROPERTY ,+rn r 1> 11': LINE NOW OR FORMERLY _�- EXIST1N , 70 iv 1 PROPERTY OF 1, '. PROPERTY ',r 0 ,+. 1, VIRGINIA BEACH FINANCIAL CENTER, INC. LINE +m D.B. 4243 P. 1457 NOW OR FORMERLY A ri i 1 z I.N. 20100830000897040(PLAT) PRINCESS ANNE ESTATE TRUST I\ Z \, 11, o I.N. 20100830000897050(PLAT) I.N. 20100922001000570 i+ ' 1 1 GPIN: 1466-68-3940 I.N. 20090610000653830(PLAT) -_` , �Q \ 1'. .p::(0 \ GPIN: 1466-68-19.. `: l \:(6,r":3 11: fn, i1` I O , n \ 1 - 4 GPSl• _.'//', cr, , 1r1 i , 1, + 1LNG n� ' \ \ 1' BRICK �_ ' + OFFICE gUIIOING + ' ix% 523 ' ) 10 �_� # +' 1i+ IN I F.X. CONCRE� ' 1 510EW AI_K ' K' 1 L=46.27' I� CckC�R R=104.00', ' 1 C0� i) L=4.53' % :/ CAR R=5.00' , \ \'• � i 11 0� � �ALTA OF — `I �/ �O �� f�r7 S 79'4801� E == ; OJ DAVID W. DAIL 9 E `CONCRETE v0 Lic. No. 2871 APRON '_ 2-7-17 .4° 1, SUR`1� STREET CLOSURE EXHIBIT 10,645 S.F. OF LORD DUNMORE DRIVE LOCATED BETWEEN PROPERTY OF PRINCESS ANNE ESTATE TRUST & VIRGINIA BEACH FINANCIAL CENTER, INC. TO BE CLOSED VIRGINIA BEACH, VIRGINIA SCALE: 1" = 25' FEBRUARY 7, 2017 STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS PORTSMOUTH, VIRGINIA 10-72 exhibit.dwg - iraman.alo:.10-n a.';+,a Awn 11In1117 aVn-47 AM 1.75 w Disclosure Statement C-ity of l iryiruu IMAM 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 Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. Does the applicant have a representative? ❑ Yes 0 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) Edward F.Halloran,Trustee of Princess Anne Estate Trust and sole officer and director of Virginia Beach Financial Center,Inc. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Not applicable 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 Disclosure Statement A/13 Cif„r,J-Pnyuriu B,Vdl 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 E No • If yes,what is the name of the official or employee and what is the nature of the interest? Not Applicable 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. 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 R 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. 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. Revised 11.09.2020 2 I P a g e Disclosure Statement 1/13 City i f Ltryii a Brufi , ,.. 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 it 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 It 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 0 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. _7/4(6 Applicant Signature Edward F.Halloran,Principal Print Name and Title August 26,2021 _fok 11,4 i Ice ?`l sl• c/:,l J't c.��7 �t•4 o&4( / . /,- Date . `' . = . 4 '/ Is the applicant also the owner of the subject property? Nil 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 ( P a g e Disclosure StatementNi13 City of Virgi'iu Beach Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement V113 C y irf I'iryini¢Benda Planning &Community Development Owner Disclosure Owner Name Princess Anne Estate Trust, a Virginia Business Trust and Virginia Beach Financial Center, Inc. a Applicant Name Princess Anne Estate Trust and Virginia Beach Financial Center, 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) Edward F.Halloran,Trustee for Princess Anne Estate Trust,a Virginia Business Trustee,Edward F.Halloran,sole officer and director of Virginia Beach Financial Center,Inc,a Virginia Corporation • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Not applicable 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? not applicable 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 5 I P a g e Disclosure Statement 1113 City of Vnpiniu lhvth 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 LE 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 E 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 ® 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 lil 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 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? ❑ Yes • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I r , f, e Disclosure Statement Coy of Vrn}prwr thud: Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes N 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 Edward F.Halloran,Principal Print Name and Title t August 26,2021 .51 'f l�N�f(``,/ 6" •�c'.v1 v �i..'/_)/ C L✓ibt'v :f : ✓ 11- Date,J .c,' ./ Revised 11.09.2020 7 I P a g Disclosure StatementN,B CYg grtwy;nu BweA Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ►:1 Yes r; No • If yes,identify the firm and individual providing the service. David Butler of Gallup Surveyors& Engineers has prepared the street closure plat for City review 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,lam 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. r7 Applicant Signature • Edward F.Halloran,Principal Print Name and Title August26,2021 .J,4 I,ui 1C11 J•r ds!'/T c�:..at J'rc.;ley `I�% c.t i�. c•/ : I J Date,9.e(• •l/ 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 12)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes es of Date Signature Print Name Revised 11.09.2020 3 I P a g e . u� ._..* 4(Ss�_-- f s., i:., tlJ t4ti .. „..c...,.., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City-Owned property known as Lake Wesley, located at the rear of 525 Virginia Dare Drive MEETING DATE: September 7, 2021 • Background: Bartholomew Sinanis (the "Applicant") owns the property at 525 Virginia Dare Drive (GPIN: 2427-30-0325). By ORD-3009H, adopted on May 6, 2008, the previous owners of the Applicant's property received permission for the existing pier, boat lift, floating pier, ramp and fixed period extension. The current request is to replace and enlarge those items. The Applicant has requested permission to construct and maintain a 6' x 92' pier with an 11' x 27' roof structure, a 6' x 48' boat lift, and a 10.5' x 40.5' floating dock (collectively, the "Encroachments") into City-owned property known as Lake Wesley (GPIN 2427-20-6108) adjacent to the Applicant's property. • Considerations: The City has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. There are similar encroachments into Lake Wesley, which is where the Applicant has requested to encroach. • Public Information: Public notice 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, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting De• - ent/Agency: Public Works ,7 City Manager: f 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED AT 7 THE REAR OF 525 VIRGINIA DARE DRIVE 8 9 WHEREAS, Bartholomew Sinanis(the "Applicant") has requested permission 10 to construct and maintain a 6' x 92' pier with an 11' x 27' roof structure, a 6' x 48' boat lift, 11 and a 10.5' x 40.5' floating dock (the "Encroachments") into a portion of City-owned 12 property known as Lake Wesley(GPIN: 2427-20-6108), located at the rear of his property 13 at 525 Virginia Dare Drive (GPIN: 2427-30-0325); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 24 and successors in title are authorized to retain and maintain the Encroachments in the 25 City's property known as Lake Wesley as shown on the map entitled: "'EXHIBIT A - 26 ENCROACHMENT REQUEST GAZEBO ROOF, PIER, MOORING PILES, BOAT LIFT 27 AND FLOATING DOCK FOR BARTHOLOMEW SINANIS LOT 28 RESUBDIVISION OF 28 PART OF CROATAN BEACH, PRINCESS ANNE COUNTY, VA M.B. 37, PG. 11," having 29 a Scale of 1" = 30', dated June 29, 2021 , and prepared by Walter T. McKenna II, a copy of 30 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to 31 which reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 34 to those terms, conditions and criteria contained in the agreement between the City of 35 Virginia Beach and the Applicant(the"Agreement"), an unexecuted copy of which has been 36 presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 i 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IC C ND FORM: P B SIC WO S, DEAL ESTATE . HARMEYER SENIOR CITY ATTORNEY CA15386 R-1 Prepared: 07/20/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p041\00741274.doc 2 LAKE W E S L E Y ENCROACHMENT CITY OF VIRGINIA BEACH AREA-2964 SF GPIN:24272061080000 70.0' EXHIBIT A- ENCROACHMENT • -- ' _ - REQUEST FOR GAZEBO ROOF, 30.0' 51' 14' 5' tt PIER, MOORING PILES, BOAT LIFT N 04* 14'15" E 70.b 1 1 AND FLOATING DOCK NEW 12" 0, NEW FLOATING DOCK Nay r w for MOORING PILES 10.5'WX40,5'L pJ - o ,o Bartholomew Sinanis AT END OF c° -� _ IZ LOT 28 PIER (2) I NEW BOAT LIFT 27' 1_, o-?6 rn Resubdivision of Part of Croatan $ I 48;c. I� o Beach, Princess Anne County,VA rn 161 o 01 O---- ' 7.0' j I n M.B.37, PG. 11 S 0 4°14'15' .0' 56 , an 29 JUNE 2021 i ; I o O) "-' �1 EXISTING FLOATING TIPP', j•� �' � _ r 44..5',v'1c.3'It DOCK 13'X 20.5 • AtW ui!_ * o &RAMP TO BE REMOVED �_ _ ;a, EXISTING PILES TO BE REMOVED.ALL EXISTING - - MH_W 1 0 ,'� o STRUCTURES TO BE , - REMOVED —DRILL HOLE ON LINE wi 'A NEW PIER I ° r :' 6 19.5' I O LISA JEANETTE ALLEN I EXISTING PIER TO BE! j j"° 521 VIRGINIA DARE DR REMOVED 1 LOT 29,M.B. 37 PG. 11 cn !DRILL HOLE ON LIN GPIN;24273004140000 cO! Bartholomew Sinanis EXISTING SHED 41'alInstrument No. `,5-r, &TIMBER z 2 PRITCHARD LIVING .p I; 202103024177 WALK TO BE Co REVOCABLE TRUST GPIN: 242730032"1iFIIplIP (UPLAH REMOVED .r: 529 VIRGINIA DARE DR N LOT 27, M.B. 37 PG. 11 00 Z1.1 p m LOTGPI 27,42730023 G. 11 c I4.AL'TJi O �• e525 el 29JUNE21 0 -4 I WALTER T. McKENNA II I / i . Lic No. 04286. 42. .... . + . �7d,\Al.VS _ S 04° 14'15"E 100.0' ) - re. VIRGINIA DARE DRIVE 632.94'to South Atlantic Avenue (80'R/W) RECORDE MERIDIAN 20' O' 20' 40' l r = M.B. P GRAPHIC SCALE G 11 1" = 30'-O" CALVERT MARINE Agent- 3132 Riveredge Drive, Portsmouth, VA 23703 757.777.6960 IQC.g n • A-B=80'+/: OkiC-E=92.46' kor, NEW ROOF STRUCTURE 11.0' X 27.0' (297 SF)— Pile Line ----__ NEW CONCRETE FLbATINP DOCK-________ NEW.:2" MOORING PILE (2) A.P.O. LIFT W/6-STEEL PILES 8' 6' -- ___� ___ 0 141 _ , _ii)<--------- 1 A.P.O. • PIER o p -�— - _ �-- P►er Line ! uI � 2T, -- __ ---; oo i; STi. r Will!! 48' ' I 91, 5 12.0' ! •--_,...._... TYP I r4i ill ' I apo.wEt ..... ___ u NEW 20K BOAT-LIFT �, _ — NEW TIMBER PIER ATOP it W/8- CLASS B TIMBER'PItES= • --kW . P11111! '3 COMPOSITE PILE BENT `�" 93 LF 0 0 ' N /�� o iif%t~ o t, 6 j .15, 1 I ' 4. 5/31/21 O�. WALTER T.MdKENNA II . Uc No.042;•• -"\'ANALOG SCALE: 1" = 40'-0" * DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK, ROOF NEW PIER PLAN p STRUCTURE and BOAT LIFT d in:Lake Wesley Property Owners: vam 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive mote Ile LIVING TRUST County of: VIRIGINIA BEACH CALVERT Eilrp 2.LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis to miaow � Sheet: .3 of 9 .Date: 20 APR 202 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blh0 O5/21/21 v? dr r �• t a-0• PE WOOD DECKING WITH S.S. SCREWS COMPOSITE STRINGER 42" COMPOSITE POST WHERE +6.9' APPLICABLE • d tl 6 B. ji COMPOSITE BEAM 4111L, ATTACH TO COMPOSITE BEAM I I +3.42' S.S. ANGLE BRACKET a• E 1.-2 •-r BOLT AS PER MFGRS' DETAILS n r tr'P'1 ni - - - - MLW - - 0.00 COMPOSITE PILE 'F 5/31/21 9. MUD UNE'EVEVATION VARIES-1.0'TO-12.0' 0 WALTER T.McKENNA II . Li No.04 : • • ter • -, t SCALE: 1/4" = 1'-0" DATUM: MLW = 0.00' MHW = 3.42' ',ANAL '+ Proposed:PIER, FLOATING DOCK, ROOF a p7-3 PIER DETAILS STRUCTURE and BOAT LIFT wrmAdjacent Property Owners: In:Lake Wesley 1.PRITCHARD REVOCABLE at:525 Vkginia Dare Drive ux LIVING TRUST County of: VIRIGINIA BEACH CAL VERT 1<. 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE PlI�,CUIDSONNA Sheet: 4 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blhR"'65/21/21 n WIND DESIGN SPEED, METAL ROOF SYSTEM SIMPSON JOIST HANGER VOLT: 116 MPH{NOMINAL AS PER MFGR.DETAILS AT RIDGE BOARD(2 x 10) 5I8'TREATED PLYWOOD NAIL AS PER MFGR.REQUIREMENTS DESIGN WIND SPEED, NAIL AS PER MFGR.REQUIREMENTS _ VASD 90 MPH RISK CAT. II / 2-rx10"FRPBEAM 12 A;1 rX6"016"olc WINDEXP.0 ATTACH TO BEAM 6� ROOF LOAD 20 PS F AND STRINGERS d' I,fs` __ taI ATTACH 2'X 6'RAFTERS M °a1"�•��1 18 1 X PVC FASCIA BOARD AND 2"X 6"CROSS BRACE A ...IWITH 4-3"S.S.SCREWS SI PSON HURRICANE TTACH WITH 4-410 BRACKET AT EACH RAFTER S.S.SCREWS(TYP) NAIL AS PER MFGR. T RECOMMENDATIONS • COMPOSITE POST BOLTED TO BEAM AND STRINGERS TOP OF PIER ��I•I = IM IEM COMPOSITE • r•K '3', STRINGER @ 18"Olt �� COMPOSITE PILE EMBEDDED 60% DOUBLE ,i LOCKING Men METAL ROOF SYSTEM • AT EACH POST AS PER MFGR.DETAILS 6i'TREATED PLYWOOD NAIL AS PER MFGR. RECOMMENDATIONS+ COMPOSITE BEAM 1 X PVC FASCIA BOARD 2-r X 10"FRP BEAMS '"._ COMPOSITE COLlR41N 12' "I COMPOSITE BEAM TOP OF PIER COMPOSITE STRINGER O o,ALTRt 0- COMPOSITE PILE �7+ , -� -� 1/4 7 5/31/21 R 0> WALTER T.MCKENNA II . it No.04286 Q. SCALE:1/4" = 1'-0" • DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK, ROOF p ROOF DETAILS STRUCTURE and BOAT LIFT Q M Adjacent Property Owners: in:Lake Wesley wrm 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive E Ile LIVING TRUST County of: VIRIGINIA BEACH CALVERT ova*** 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE FUCU IN VA Sheet: 5 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blhREV0 05/21/21 9OC PILES SHALL BE 8 - CLASS B TIMBER BOAT LIFT NOTE AND PILINGS EMBEDDED 50% OF THEIR LENGTH DETAILS: BELOW GRADE. PROVIDE COMPOSITE PILE Take care to clear shafts,thru-hull fittings,chines,etc. SLEEVE AT THE TIDAL ZONE FOR ALL Keel of boat must not rest on beams. TIMBER PILES. Center of gravity of boat must be in center of lift(bow to stem). This will evenly distribute the load over the T.r" - - �'0: ^ - two lifter beams. The new Boat Lift shall have a Bunk/Frame verified with the Boat Mfgr. Install the Bunk/Frame as per the manufacturer's recommendations including all 16.0' hardware. Contractor to verify: 1)The installation is completed according to the 10.0' manufacturer's recommendations. 1 2)The Owner understands how to operate the lift in a "-1I safe manner. 1_ I _ _ ::3G - — 3)The ultimate user acknowledges the need for regular service and maintenance of the lifting equipment. I 4)The Customer is informed and understands all safety and warning labels affixed to the equipment. THE WET SLIP 41E. 5)The center of gravity of boat is located by equal IS 18.5' CLEAR deflection of lifter beam. 6)The Boat Lift is of suitable capacity to safely lift the Owner's vessel and the bunks are installed as per the Boat Manufacturer's spacing, 7)Do not change or ignore wiring diagrams,or instructions as shown. Comply with all national or �� local codes. Final connections for the lift to be completed by a licensed Electrician. f` I'll__TOPOFPIIIII IIMINIMMMININIMMINMONTIMs TF/►l'TH O !LW '■' p47 C 5/31/21 �':. I I I I WALTER T.?MANNA Il +Lic No.0428•• Q. BOAT LIFT ELEVATION `� SCALE: '/a" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK, ROOF LIFT DETAILS STRUCTURE and BOAT UFT 6zi, Adjacent Property Owners: in:Lake Wesley min 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT Engineering c LIVING TRUST 2. USA EANETTE ALLEN County of: VIRIGINIA-BEACH 1 1� Applicant:Bartholomew Sinanis MARINE POQUOSON.VA Sheet: 6 of 9 Dote: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blhREVO"r21121 NEW 16 FT RAMP MIN. NEW CONCRETE FLOATING DOCK 10' x 40' - \ --PROVIDE TIMBER FRAMING & HARDWARE I FOR RAMP HINGE SUPPORT fm-r-r-r . . . . . . . . . - . ,,._ M L W MUD LINE / EXIST. BOTTOM NEW 12" STEEL ANCHOR PILES EMBEDDED 50% OF THEIR LENGTH. PROVIDE COMPOSITE WRAP OR SLEEVE FROM -1.0' TO TOP OF PILE. ALTR tOV- 5/31/21 G`: o WALTER T.McKENNA II Lic No 286 Q. SCALE: '/4" = 1'-0" • DATUM: MLW = 0.00' MHW = 3.42' FLOATING DOCK Proposed:PIER, FLOATING DOCK, ROOF STRUCTURE and BOAT LIFT 4 M Adjacent Property Owners: in:Lake Wesley �nn I. PRITCHARD REVOCABLE at:525 Virginia Dare Drive tw aNE LLc LIVING TRUST County of: VIRIGINIA BEACH CALVERT oRDOHanc 2. LISA JEANETTE ALLEN Applicant: Bartholomew Sinanis MARINE POOUOSOH,VA Sheet: 7 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bIhREV:05/21/21 G or O CONCRETE FLOATING DOCK NOTES - 1. PILES: Piles shall be steel.Coal tar epoxy coating is not acceptable. Piles shall be set at+10ft.above the top of docks at MHW. 2. All anchor piles shall have black vinyl cone pile caps 3. Vinyl fender rub rail shall be installed to surround the floating docks. 4. All hardware to be minimum 304/305 stainless steel with 316 stainless steel into all concrete attachments. 5. All roller guides and weldments shall be stainless steel. 6. All thru-rods shall be FRP rods. 7. The flotation system shall consist of modular sections designed in such a manner that modules may be replaced with standard modules in case of repairs. 8. Float modules shall be structurally connected by treated timber waler system that will allow replacement without affecting the float modules.Connection methods that create structural failure of the float module when overstressed will not be allowed.Concrete float modules will have concrete cover for protection on all six sides.Floats without concrete bottoms will not be allowed.Concrete shall be 5000 PSI and designed for salt water use. 9. Sufficient flotation shall be provided to support a live load of 70 pounds per square foot of deck area. 10. Free board under deal load only shall not be less then 23'or exceed 25°.At a time of installation,freeboard under dead load only should be a minimum of 24"in order to meet the 23—minimum freeboard at the end of one year from the date of job acceptance. 11. Freeboard for 24°and 30°freeboard floats will follow the same up one or down one-inch criteria as the 18'floats. 12. Contractor should exercise caution to insure that all dead loads are actually determined and included in buoyancy calculations.These loads should include appropriate safety factors id used and any specific manufacturing considerations that will affect the final freeboard. 13. Dead loads shall consist of the floats,framing,waler system,attachment steel,miscellaneous connection devises,and all other permanently attached equipment such as utilities,boxes,fire protection equipment,etc. 14. Special floats must be designed to support additional concentrated loads as imposed by gangways, transformers,or other equipment.Floats with special loadings shall have the same freeboard as floats with no such loading,so that there will be nor residual stress or tilting when the floats are interconnected. 15. Walking surface of concrete floats shall be level and flush with respect to adjacent floats. 16. Floats shall be designed to float level 17. Float and age systems shall be designed for the following load cases as a minimum: 18. Wind pressure of 15 PSF(77MPH fastest mile wind at 33 feet standard elevation, Exposure C,Per ASCE 7-93)acting on the projected area of all docks and moored vessels assuming a ' A. full occupancy of the marina. � U,H a�'� 19. Minimum current pressure of 0 PSF(0 feet per second current 5/31/21 i velocity)acting on the projected area of all docks and moored vessels p. 2 assuming the occupancy levels will reflect those expected during the rJ flood season. WALTER T.McKENNA II 20. Vertical wave bads,as they exit at the specific site. 21. Lateral wave loads for waves a significant wave height ic• Nv. 442 exceeding one foot if they are expected to occur at a specific site. ► Load cases should be combined based upon the probability of 4L‘JOIALVC' simultaneous occurrences of the events Proposed:PIER, FLOATING DOCK, ROOF v NOTES STRUCTURE and BOAT LIFT aNA Adjacent Property Owners: in:Lake Wesley WWI 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive ENE LLc LIVING TRUST County of: VIRIGINIA BEACH CALVERT i nn 2. LISA JEANETTE ALLEN Applicant: Bartholomew Slnanis MARINE Pa000swc.VA Sheet: 8 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bib REV:05121/21 7o'F • FIBERGLASS REINFORCED PLASTIC SPECIFICATIONS: • ASTM D-638, ASTM D-638 ASTM D-2344 ASTM D-696 ASTM D-84 The Contractor shall provide Shop Drawings of the FRP components for review by the Owner. The FRP components shall be fabricated and assembled in accordance with the Manufacturer's recommendations. Timber Pilings shall comply with ASTM D-25 ALL HARDWARE SHALL BE HOT-DIPPED GALVAIZED IN ACCORDANCE WITH ASTM D-123 Stainless steel shall be Type 316 , Marine Grade. NOTES: 1. ALL LUMBER SHALL BE SOUTHERN YELLOW PINE 2. ALL TREATMENT SHALL BE IN ACCORDANCE WITH THE RECOMMENDATIONS AND PROCEDURES OF THE AMERICAN WOOD PRESERVER'S ASSOCIATION. 3. DECKING SHALL BE ATTACHED WITH 3"STAINLESS STEEL SCREWS. 4. ALL PILINGS SHALL BE EMBEDDED 50%OF THEIR LENGTH.ALL PILINGS SHALL BE INSTALLED WITH A VIBRATORY OR DROP HAMMER OF SUITABLE CAPACITY TO DRIVE THE SPECIFIED PILES. 5. NO GEOTECHNICAL OR STRUCTURAL BORINGS HAVE TAKEN PLACE AT THIS SITE.THE CONTRACTOR SHALL VERIFY ALL SOIL& BOTTOM CONDITIONS.THESE �i► DRAWINGS ARE FOR THE JOINT PERMIT APPLICATION '�1 Op`t ONLY. 4' 5/31/21 To:, 6.6. ALL DEBRIS GENERATED FROM THE DEMOLITION ° PROCESS SHALL BE HAULED OFF SITE AND LEGALLY DISPOSED. WALTER T. McKENNA II 7. ALL DENUDED AND OR DAMAGED VEGETATION SHALL Li No. 0428 BE REPLACED IN KIND. 17t' NOTES Proposed:TIMBER PIER, FLOATING DOCK, ROOF STRUCTURE and BOAT LIFT Q Adjacent Property Owners: In:Linkhorn Bay wrm 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT MARINE Luc LIVING TRUST County of: VIRIGINIA BEACH 1 GEr,nRgnh 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE Panuo�n.va Sheet: 9 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blhREV'05/21/21 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 /4 day of A;Il.LS(, zl— , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BARTHOLOMEW J. SINANIS, HIS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 28"; as shown on the certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE CO., VA," Scale 1" = 100', dated June 1984, prepared by C. A. Bamforth, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 525 Virginia Dare Drive, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a 6' x 92' pier with an 11' x 27' roof structure, a 6' x 48' boat lift, and a 10.5' x 40.5' floating dock with ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-6108 (CITY PROPERTY KNOWN AS — LAKE WESLEY) 2427-30-0325 (525 Virginia Dare Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 525 Virginia Dare Drive, the "Encroachment Area"; and WHEREAS, Griffith J. McRee, Jr. was authorized to maintain and construct additional encroachments into Lake Wesley as shown on that certain Encroachment Agreement recorded in the Virginia Beach Circuit Court as Instrument Number 20080519000583080 within the Encroachment Area. The Grantee is successor in title to Mr. McRee and that Encroachment Agreement is incorporated by reference into this Agreement. 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A - ENCROACHMENT REQUEST FOR PIER, BOAT LIFT AND FLOATING DOCK FOR BARTHOLOMEW SINANIS, LOT 28 RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE COUNTY, VA M.B. 37 PG. 11," Scale: 1" = 2 30', dated June 29, 2021 , and prepared by Walter T. McKenna II, 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 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. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 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 4 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, Bartholomew J. Sinanis, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By holomew J. Sinanis, Owner STATE OF CITY/COUNTY OF 66 ,,,, Tie , to-wit: The foregoing instrument was acknowledged before me this ' / day of , 2021 , by Bartholomew J. Sinanis. DONALD A.TROISI NOTARY PUBLIC �- (SEAL) REG.07522846 COMMONWEALTH OF VIRGINIA (----Notary ubllc MY COMMISSION EXPIRES 12/31I2028 Notary Registration Number: My Commission Expires: / ? - 3) APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM S IJATURE A . HARMEYER (� SENIOR CITY ATTORNEY pv\ic?..j E ski e DEPARTMENT 7 LAKE W E S L E Y ENCROACHMENT CITY OF VIRGINIA BEACH AREA-2964 SF GPIN:24272061080000 70 0' EXHIBIT A- ENCROACHMENT 30.0' 51' 14' S' REQUEST FOR GAZEBO ROOF, t PIER, MOORING PILES, BOAT LIFT N 04* 14'15" E 70. I AND FLOATING DOCK NEW 12" co 03 NEW FLOATING DOCK "w for MOORING PILES ° 10.5'WX40.5L [1 0 i. Bartholomew Sinanis AT END OF 27, IZ LOT 28 PIER 2 BOAT OFT , Resubdivision of Part of Croatan w I 48. r , ' 11xobi ° 14: (00 Beach, Princess Anne County,VA 0 o o, 0.-------, •0'I • I . M.B.37, PG. 11 S 04°14'15" 56.0' 56 '°' '"' 29 JUNE 2021 TIPP-04I ;., , EXISTING FLOATING �' _ ,14_?r 1C•3'( ; DOCK 13 X 20.5 ALW , ter _ * 'o &RAMP TO BE REMOVED _ EXISTING PILES TO BE W — a; N ° _ REMOVED.ALL EXISTING MH �f i,� • w STRUCTURES TO BE REMOVED L ° ;x; NEW PIER DRILL HOLE ON LINE ;43; ^, r 6 �; ,_ 19.5' I 1 LISA JEANETTE ALLEN EXISTING PIER TO BE = j A521 VIRGINIA DARE DR REMOVED I LOT 29, M.B. 37 PG. 11 co !D ILL HOLE ON LINE— GPIN;24273004140000 v i° DaBartholomew Sinanis EXISTING SHED .0. Instrument No. `s- 22&TIMBER z PRITCHARD LIVING 202103024177 WALK TO BE Cc REVOCABLE TRUST (71 Lot 28 REMOVED ' 529 VIRGINIA DARE DR * I GPIN: 24273003250000 (UPLAND) U0 DI LOT 27, M.B. 37 PG. 11 (73 c p to GPIN;24273002350000 c idif( la �c kLTH 0A 5 2 5 • 0 29 JUNE 21 ?; OI WALTER T. McKENNA II I . 1k No. 04286• 41. i / �7O. At. " SO4_14'15"E100.0' i IVIRGINIA DARE DRIVE s32.94'REc venue antic (80'R/W) RECORDEDMERIDIAN 2LL0' 0' 20' 40' = M•B.37,P GRAPHIC SCALE G 11 "= 30'-O' CALVERT MARINE Agent- 3132 Riveredge Drive, Portsmouth, VA 23703 757.777.6960 rig n A-B= 80'+1., C-E=92.46' 11011'11111►� NEW ROOF STRUCTURE 11.0' X 27.0' (297 SF)-- 1 Pile Line -- - __ NEW CONCRETE FLbATINPDOCK-____ NEW 12" MOORING PILE (2) A.P.O. LIFT W/6-STEEL PILES -8'6'- -___ __, 1><- - 1 • A.P.O, PIER n_ 11 ,- __ __ Pier Lin. 27', --- oo . 5T _ 48' ' IIIIIF 12.0' i. TYP ' '4' L_ A.Po.wez NEW 20K BOAT-LIFT ' -----__ NEW TIMBER PIER ATOP WI 8-CLASS B TIM R PILES= --h��, COMPOSITE PILE BENTS ____„_,..,_ ii: 1.10, q --= _ % 93 LF rn • wait 0 0 _ iyi`y N t;. 6ft. 1 i locjLcN I opt, p ! f5/31/21 �c` to • > WALTER T.McKENNA II . Uc No.042:.. . \IONVALOG SCALE:1" = 40'-0" V DATUM: MLW = 0.00' MHW = 3.42' NEW PIER PLAN Proposed:PIER, FLOATING DOCK ROOF pSTRUCTURE and BOAT LIFT 4 in:Lake Wesley Adjacent Property Owners: 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive WillgttLC LIVING TRUST County of: VIRIGINIA BEACH CALVERT Eneamill 2.LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE MINIM V� Sheet: 3 of 9 -Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blh REV:05/21I21 o' d r 1 f 1 • IIPMEWaejlffnMll mu n mu IPE WOOD DECKING WITH S.S. SCREWS P i I I COMPOSITE STRINGER I I I 42" I I I COMPOSITE POST WHERE +6.9' APPLICABLE I I s io �b 4.•: e A •i W _-^r--t NT:1 � COMPOSITE BEAM a b , -_ _-; _ -- ATTACH TO COMPOSITE BEAM i �. MHW r S.S.ANGLE BRACKET +3.42' r t Z t -o• Jr BOLT AS PER MFGRS' DETAILS mP;' caw (MCAT ClYe 4' W-Cf . OwicAU - - - -MLW -- -- 0.00 COMPOSITE PILE 4 cF U"1I o . ' 5/31/21 MUD UNE•EVEVATION VARIES-1.0'TO-12.0' �� y • .'> t > . i 1 , �� > . WALTER T.MdtENNA II Lie No.04 • • • • SCALE: IA" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' ;k" $ ,c PIER DETAILS Proposed:PIER, FLOATING DOCK, ROOF STRUCTURE and BOAT LIFT M Adjacent Property Owners: In:Lake Wesley wTm 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive Ayala uo LIVING TRUST County of: VIRIGINIA BEACH CALVERT ,r,r 2.LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE rniiuesaLVA Sheet: 4 of 9 . Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blhREV°05/21/21 METAL ROOF SYSTEM SIMPSON JOIST HANGER WIND DESIGN SPEED, AS PER MFGR.DETAILS AT RIDGE BOARD(2 x 10) VULT:116 MPH NOMINAL 51W TREATED PLYWOOD NAIL AS PER MFGR.REQUIREMENTS DESIGN WIND SPEED, NAIL AS PER MFGR.REQUIREMENTS VASD 90 MPH RISK CAT.II / di 2-rX10 FRP BEAM B('� orxs"@1s•ac ROOFVVIND LOAD C ATTACH TO BEAM ROOF LOAD 20 PSF AND STRINGERS Q1' Imo`�Smw'I ATTACH 2"X 6"RAFTERS IlIIMIIIId•]"�•��IIS 1 X PVC FASCIA BOARD AND 2"X 6"CROSS BRACE A11.1 WITH 4-3"S.S.SCREWS ■ SIMPSON HURRICANE ATTACH WITH 4-1110 BRACKET AT EACH RAFTER S.S.SCREWS(TYP) NAIL AS PER MFOR. 7 RECOMMENDATIONS • COMPOSITE POST . BOLTED TO BEAM AND STRINGERS TOP OF PIER II♦Il��I��I�I� COMPOSITE • •• � STRINGER @ 18"oft r11 COMPOSITEPILEEDDED8DOUBLE - r - LOCKING (W) METAL ROOF SYSTEM AT EACH POST - • AS PER MFGR.DETAILS 518"TREATED PLYWOOD NAIL AS PER MFGR. RECOMMENDATIONS.\ J• COMPOSITE BEAM 1 X PVC FASCIA BOARD 2-r X 10"FRP BEAMS �1 COMPOSITE COLUMN 12' `1 COMPOSITE BEAM TOP OF PIER COMPOSITE STRINGER O,‘4,ghLTy 0 COMPOSITE PILE .} 5/31/21 01. (° a. WALTER T.McKEh4NA II . 'C No.04286- 4. '2`k IMA1.S0 SCALE:1/4" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK ROOF P ROOF DETAILS STRUCTURE and BOAT LIFT wit*� Adjacent Property 1. Owners: In:take Wesley PRITCHARD REVOCABLE at:325 Virginia Dare Drive CALVERT �+WNW * 2. LISAING TRUST JEANE7TE ALLEN County c ont: VIRIGBartholoIAmew BEACH Applicant:Bartholomew Sinanis MARINE Sheet: 5 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /blh :05/21/21 `) I � PILES SHALL BE 8 - CLASS B TIMBER BOAS`LIFT NOT PILINGS EMBEDDED 50% OF THEIR LENGTH DETAILS: BELOW GRADE. PROVIDE COMPOSITE PILE Take care to clear shafts,thru-hull fittings,chines,etc. SLEEVE AT THE TIDAL ZONE FOR ALL Keel of boat must not rest on beams. TIMBER PILES. Center of gravity of boat must be in center of lift(bow to stem). This will evenly distribute the load over the - 1= - - - — two lifter beams. The new Boat Lift shall have a Bunk/Frame verified with the Boat Mfgr. Install the Bunk/Frame as per the manufacturer's recommendations including all 16.0' hardware. Contractor to verify: 1)The installation is completed according to the 10.0' manufacturer's recommendations. 2)The Owner understands how to operate the lift in a safe manner. 3)The ultimate user acknowledges the need for regular C /. . service and maintenance of the lifting equipment. 54„ 4)The Customer is informed and understands all safety and warning labels affixed to the equipment. THE WET SLIP 5)The center of gravity of boat is located by equal IS 18.5' CLEAR deflection of lifter beam. 6)The Boat Lift is of suitable capacity to safely lift the Owner's vessel and the bunks are installed as per the Boat Manufacturer's spacing. 7)Do not change or ignore wiring diagrams,or instructions as shown. Comply with all national or 8' frl tqv �- local codes. Final connections for the lift to be completed by a licensed Electrician. TOP OF PIER 4+444 MHW 6tv, ,At,7'� MLW 475/31/21 �'.� WALTER T.McKENNA II vLk No.0428.• BOAT LIFT ELEVATION sir ►.., SCALE: '/a" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK, ROOF LIFT DETAILS STRUCTURE and BOAT UFT Vi , ,min Adjacent Property Owners: in:Lake Wesley ni 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive MARINE 1 GORDON nCounty of: VIRIGINIA BEACH c LIVING TRUST Applicant:Bartholomew Sinanis CALVERT Engineering 2. LISA JEANETTE ALIEN MARINE POQVOSON,VA Sheet: 6 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1hREy0 05/21/21 NEW 16 FT RAMP MIN. NEW CONCRETE FLOATING DOCK 10' x 40' PROVIDE TIMBER 11 ® FRAMING & HARDWARE FOR RAMP HINGE SUPPORT t ELL' - . .� MHW. ____ ,...{. . . . - . .- • MLW .1\ MUD LINE / EXIST. BOTTOM \-- NEW 12" STEEL ANCHOR PILES EMBEDDED 50% OF THEIR LENGTH. PROVIDE COMPOSITE WRAP OR SLEEVE FROM -1.0' TO TOP OF PILE. c)Q LTh0 I '`� 5/31/21 ��'r, to c WALTER T.McKEHNA,II . 'c No,0428.• Q. SCALE: 1/4" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' FLOATING DOCK Proposed:PIER, FLOATING DOCK ROOF d v STRUCTURE and BOAT LIFT M A a Adjacent Property Owners: In:Lake Wesley MN 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT nm= LIVING TRUST County of: VIRIGINIA BEACH 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE PooeOsoa,vA Sheet: 7 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1h °OS/21/21 Goer CONCRETE FLOATING DOCK NOTES 1. PILES: Piles shall be steel.Coal tar epoxy coating is not acceptable. Piles shall be set at+10ft.above the top of docks at MHW. 2. All anchor piles shall have black vinyl cone pile caps 3. Vinyl fender rub rail shall be installed to surround the floating docks. 4. All hardware to be minimum 304/305 stainless steel with 316 stainless steel into all concrete attachments. 5. All roller guides and weldments shall be stainless steel. 6. All thru-rods shall be FRP rods. 7. The flotation system shall consist of modular sections designed in such a manner that modules may be replaced with standard modules in case of repairs. 8. Float modules shall be structurally connected by treated timber wafer system that will allow replacement without affecting the float modules.Connection methods that create structural failure of the float module when overstressed will not be allowed.Concrete float modules will have concrete cover for protection on all six sides.Floats without concrete bottoms will not be allowed.Concrete shall be 5000 PSI and designed for salt water use. 9. Sufficient flotation shall be provided to support a live load of 70 pounds per square foot of deck area. 10. Free board under deal load only shall not be less then 23°or exceed 25°.At a time of installation,freeboard under dead load only should be a minimum of 24°in order to meet the 23°°minimum freeboard at the end of one year from the date of job acceptance. 11. Freeboard for 24°and 30°freeboard floats will follow the same up one or down one-inch criteria as the 18°floats. 12. Contractor should exercise caution to insure that all dead loads are actually determined and included in buoyancy calculations.These loads should include appropriate safety factors id used and any specific manufacturing considerations that will affect the final freeboard. 13. Dead loads shall consist of the floats,framing,wafer system,attachment steel,miscellaneous connection devises,and all other permanently attached equipment such as utilities,boxes,fire protection equipment,etc. 14. Special floats must be designed to support additional concentrated loads as imposed by gangways, transformers,or other equipment.Floats with special loadings shall have the same freeboard as floats with no such loading,so that there will be nor residual stress or tilting when the floats are interconnected. 15. Walking surface of concrete floats shall be level and flush with respect to adjacent floats. 16. Floats shall be designed to float level 17. Float and age systems shall be designed for the following load cases as a minimum: 18. Wind pressure of 15 PSF(77MPH fastest mile wind at 33 feet standard elevation, Exposure C,Per ASCE 7-93)acting on the projected area of all docks and moored vessels assuming a full occupancy of the marina. 1a� y 19. Minimum current pressure of 0 PSF(0 feet per second currentQ velocity)acting on the projected area of all docks and moored vessels O 5/31/21 4., . assuming the occupancy levels will reflect those expected during the U flood season. WALTER T.McKENNA II 20. Vertical wave loads,as they exit at the specific site. Lit. No 042 21. Lateral wave loads for waves a significant wave height exceeding one foot if they are expected to occur at a specific site. Load cases should be combined based upon the probability of 1ONAI - simultaneous occurrences of the events Proposed:PIER, FLOATING DOCK ROOF NOTES STRUCTURE and BOAT LIFT A� Adjacent Property Owners: in:Lake Wesley WTM 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive MAMIA BEACH CALVERT � E GORDON nc LIVING TRUST Applicant:Baty of: rtholomew Sinanis �a DAe 2. LISA JEANETTE ALLEN MARINE 'oouosux.vA Sheet: 8 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bIhREV: 05/21/21s 7o-F IY i ;"` FIBERGLASS REINFORCED PLASTIC SPECIFICATIONS: ASTM D-638, ASTM D-638 ASTM D-2344 ASTM D-696 ASTM D-84 The Contractor shall provide Shop Drawings of the FRP components for review by the Owner. The FRP components shall be fabricated and assembled in accordance with the Manufacturer's recommendations. Timber Pilings shall comply with ASTM D-25 ALL HARDWARE SHALL BE HOT-DIPPED GALVAIZED IN ACCORDANCE WITH ASTM D-123 Stainless steel shall be Type 316 , Marine Grade. NOTES: 1. ALL LUMBER SHALL BE SOUTHERN YELLOW PINE 2. ALL TREATMENT SHALL BE IN ACCORDANCE WITH THE RECOMMENDATIONS AND PROCEDURES OF THE AMERICAN WOOD PRESERVER'S ASSOCIATION. 3. DECKING SHALL BE ATTACHED WITH 3"STAINLESS STEEL SCREWS. 4. ALL PILINGS SHALL BE EMBEDDED 50%OF THEIR LENGTH. ALL PILINGS SHALL BE INSTALLED WITH A VIBRATORY OR DROP HAMMER OF SUITABLE CAPACITY TO DRIVE THE SPECIFIED PILES. 5. NO GEOTECHNICAL OR STRUCTURAL BORINGS HAVE TAKEN PLACE AT THIS SITE.THE CONTRACTOR SHALL VERIFY ALL SOIL& BOTTOM CONDITIONS.THESE Q� HO DRAWINGS ARE FOR THE JOINT PERMIT APPLICATION ONLY. �' 5/31/21 6. ALL DEBRIS GENERATED FROM THE DEMOLITION p PROCESS SHALL BE HAULED OFF SITE AND LEGALLY o DISPOSED. WALl`F t T.NIcKt:t3NA It 7. ALL DENUDED AND OR DAMAGED VEGETATION SHALL Li No,0428 BE REPLACED IN KIND. .fON'At."& NOTES Proposed:TIMBER PIER, FLOATING DOCK, ROOF STRUCTURE and BOAT LIFT Qr Adjacent Property Owners: in:Linkhorn Bay 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT MARINE uc LIVING TRUST County of: VIRIGINIA BEACH ifoN nngg 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE POGUOSON,VA Sheet: 9 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1h :C15/2/121 .--- Y. uF t`'' ": "•'"4k jam;:- :—ti _ ^d 4 f :� 4, 4"'. ei, l „,1,..4i, ), _ I • A ,s ,, azf t jc\:4#0 &>.I . F �'`fy. 0 41.i, y, K �iA `t , \ "r-0.. .-;"a71441(k..o.-4 ot14: '.'''''.7.;14'W ',,A Z.', if �y 3 a ,y e,• I . ,. 41 yI i \ ( 4i L t o g „. «W � , '�Y i`.�'?!:-jai . -fit ` o:„,, :1 \ \ \ \ • , , , 1 . 'a t I J I i J , � ,�►.. • 9Z9 • •T J I r , a sal y Mom' 9} '1. IlifillaI i Y F f ' -fir ' r ,_ ., - .:/6 wi pulse ?• a All, �i�11`. • +. -� its , ;�., . - ,-_ : —.7",; � s 7 r..�.-ns�u._:_. „yew.;: _— v, WI 411111171..-0101111111 N NORFOLKAV n W E }y L R�` , williW 0.10 y v 0 �• ," SITE c it, 1111110111 v a 110 -,----, \_.-1000 iii .k..I 4. al LOCATION MAP ENCROACHMENT REQUEST Legend OWNER: BARTHOLOMEW J. SINANIS GPIN: 2427-30-0325 2427-30-0325iimmii Feet City Properties 0 50 100 200 Prcnararl by P W/Fnn/Fnn Riinnnrt Sarvirpc Rurean nri7non i X\CADD\Projects\ARC Files\AGENDA MAPS\2427-30-0325\2427-31-0 25.mxd 7 — N 7W E Vitt lig I S '' \_, \ 1 0 1, osilliL .400 0 01, to 51 AV 4 TT% • - IN, zy fN� Oil n' r 111.' lit.., 4 x �- • `tom' i :.AS � '.. 44. ____ w?, k __ _ LOCATION MAP r It ENCROACHMENT REQUEST Legend OWNER: BARTHOLOMEW J. SINANIS a f GPIN: 2427-30-0325 2427-30-0325 M v Feet City Properties 0 50 100 200 *NBDisclosure 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 Bartholomew Sinanis Applicant Name Does the applicant have a representative? ®Yes ❑ No • If yes, list the name of the representative. Calvert Marine 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-subsidiary1 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 1 I 1 Disclosure Statement 1/3 Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea 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 n.. : i` onnection with the subject of the application or any business operating or to be operated on the property? y or :'i.•4. • If yes,identify the financial institutions providing the service. 2. Does the appliicc t have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes le 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 onnection with the subject of the application or any business operating or to be operated on the property? IDYes IL•'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 provid-• in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IS 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 ILA NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P age Disclosure Statement V4 vj 1:ruttr6 Development y 6. Does the applicant have a construction contracto n connection with the subject of the application or any business operating or to be operated on the property?0 Yes Isd 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? IA Yes 0 No • If yes,identify the firm and individual providing the service. CALVERT MARINE 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 Ll 1 o • 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. plicant Signature f, F�� aa 1_ ✓Icy'✓I �� — Prin Name and Title 19 ,,a0D.1, Date Is the applicant also the owner of the subject property? es 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date signature Print Name Revised 11.09.2020 Wage Disclosure Statement 1113 Planning& Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I a e Disclosure Statement • Planning mnut Developr Owner Disclosure .� Owner Name ells t`1YYlez� y Applicant Name SCLt 144 -a ) 3->te, - Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes o • 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 h an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes O • 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 StatementV/3 �. ;.� ., Pla i T ing& 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 conne 'on with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the financial institutions providing the service. 2. Does the Owner ha a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes o • 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 rmection 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 the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in c ection with the subject of the application or any business operating or to be operated on the property?❑ Yes O • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes Lf'IVo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in cc section with the subject of the application or any business operating or to be operated on the property? ❑ Yes L 1ico • 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? es 0 No • If yes,identify the firm and individual providing the service. i Revised 11.09.2020 Wage Disclosure Statement .�, Punning & Community Development 8. Is the Owner receiving legal services in con tion 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. Signature Prin Name and Title Date Revised 11.09.2020 Wage nE,Mt 1. 0�a F Y 4'4, J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: September 7, 2021 • Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, provides ongoing funding for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team. This funding supports personnel costs, equipment, supplies, facility leasing, training, and travel necessary to maintain the Team at an expected level of response capability. The Virginia Beach Fire Department is the sponsoring agency for VA-TF2. In order to ensure that risk management, personnel, and city garage costs would be appropriated through the FY 2021-22 City of Virginia Beach budget development process, an estimate of $364,574 is used until the actual amount of the entire FY 2020-21 FEMA Cooperative Agreement grant is made available. • Considerations: FEMA has awarded $1,344,278 to the City to support ongoing expenses for a 36-month period, from September 1, 2021 through August 31, 2024. The grant does not require a local match, and $364,574 of this funding has already been appropriated. An additional $979,704 needs to be appropriated. The grant will continue to partially fund three positions previously approved by City Council in the current FEMA Cooperative Agreement Grant. These positions include 0.70 FTE for the Fire Department Battalion Chief who serves as the FEMA Program manager; 0.80 FTE for an Account Clerk III; and 0.50 FTE for an Accountant I. The remainder of the salary costs for these positions is funded within the Fire Department's General Fund budget. The grant will continue to fully fund one full-time Administrative Specialist II, one part-time Training Manager, and costs associated with a contract staff member. The grant also provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise, and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $979,704 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 12 Operating Budget of the Fire Department to fund the continue the operations and 13 equipment requirements of the Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services • or y' ffice CA15534 R-1 August 26, 2021 I ,u, , az yh i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency to Support the Costs Related to Mobilizing Virginia Task Force 2 Urban Search and Rescue Team Members to the Champlain Tower Collapse in Surfside, Florida MEETING DATE: September 7, 2021 • Background: The Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team received activation orders to assist with the Champlain Tower Collapse in Surfside, Florida. A total of 92 VA-TF2 members responded to this event. • Considerations: Upon activation of VA-TF2, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while supporting the response to the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the Team. The reimbursement documents have been completed, and the total cost for responding to the event is $2,128,970.41. In addition, the Department is entitled to $54,869.11 in administrative costs. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: f )P 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE COSTS 4 RELATED TO MOBILIZING VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM MEMBERS TO 6 THE CHAMPLAIN TOWER COLLAPSE IN SURFSIDE, 7 FLORIDA 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1) $2,128,970.41 is hereby accepted from the Federal Emergency Management 13 Agency and appropriated, with federal revenue increased accordingly, to the FY 14 2021-22 Operating Budget of the Virginia Beach Fire Department to reimburse the 15 costs associated with the deployment of the Virginia Task Force 2 Urban Search 16 and Rescue Team. 17 18 2) $54,869.11 is hereby accepted from the Federal Emergency Management Agency 19 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 20 Operating Budget of the Virginia Beach Fire Department to reimburse the 21 department for the administrative cost of preparing the reimbursement claims Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4:1 0,2 Budget and Management Services Ci ey' Office CA15531 R-1 August 26, 2021 Fg jitL....,...i s; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds from the Four-for-Life Program to Support Emergency Medical Services MEETING DATE: September 7, 2021 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As required by Virginia Code 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. Twenty-six percent of $4.00 of the $4.25 collected is returned to the municipality where each vehicle was registered. These funds must be used for training, equipment, and supplies for the provision of emergency medical services. The annual total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $375,000 is included in the Operating Budget of the Department of Emergency Medical Services. By year-end FY 2020-21 , a surplus amount of $14,097.28 was received. ■ Considerations: The Four-for-Life Program limits the use of such funds to the purchase of additional or enhanced equipment, training, and supplies. These funds cannot be used to offset current services or supplant current City funding. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager:6 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE FOUR-FOR-LIFE PROGRAM TO SUPPORT 3 EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $14,097.28 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased 10 accordingly, to the FY 2021-22 Operating Budget of the Department of Emergency 11 Medical Services to support rescue squad operations and training. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services s Office CA15533 R-1 August 26, 2021 f�uTt• ,.. iJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from Dominion Energy Services to the Department of Parks and Recreation for the Planting of Trees MEETING DATE: September 7, 2021 • Background: Dominion Energy Services, Inc. regularly trims trees and plants that grow near power lines and in the company's right-of-way to ensure the safe operation of its equipment. Recently, Dominion Energy Services, Inc. ("Dominion") removed a total of 514 trees from eight City parcels. Outlined in the table below are the parcels, tree count, and value of the trees that were removed: Parcel Number Number of Trees Value of Trees 14657047770000 327 $22,558 14652094310000 46 $4,396 14652090270000 9 $916 14654002920000 32 $1,307 14642999270000 5 $461 14642999110000 7 $642 14642977090000 80 $4,252 14844933280000 8 $759 Totals 514 $35,291 Dominion has offered the timber value of these trees to the Department of Parks and Recreation. • Considerations: Upon appropriation of the funds from Dominion, the Department will use these funds to plant trees to increase the urban tree canopy in accordance with the City's Urban Forest Management Plan. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depart nt/Agency: Department of Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM DOMINION ENERGY SERVICES TO 3 THE DEPARTMENT OF PARKS AND RECREATION 4 FOR THE PLANTING OF TREES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $35,291 is hereby accepted from Dominion Energy Services, Inc. and 10 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021-22 11 Operating Budget of the Department of Parks and Recreation to plant trees that will 12 increase the urban tree canopy and fulfill goals established by the City's Urban Forest 13 Management Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: —Vs - _ Budget and Management Services or ey's Office CA15530 R-1 August 26, 2021 rirt11 4 (. I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Supreme Court and to Authorize an In-Kind Grant Match MEETING DATE: September 7, 2021 • Background: The Virginia General Assembly has established drug treatment courts to address a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug related crimes. The Virginia Supreme Court's Office of the Executive Secretary (OES) is responsible for distributing funds from the Commonwealth to local governments for operations of drug treatment courts. One such method for funding these courts is the Supreme Court's Drug Treatment Court Docket Grant. This grant is the result of a sustainability strategy designed to provide long-term funding for specialized dockets. The Virginia Beach Adult Drug Treatment Court received notification from OES that a grant award for $65,000 was approved for Fiscal Year 2021-22. Administration of the grant is managed by the Office of the Commonwealth's Attorney. Grant funds will be used to provide contracted drug and alcohol testing to expand the Court's ability to test participants 52 weeks per year, to conduct intensive outpatient and inpatient treatment, and to purchase supplies necessary to provide a continuum of care to the participants. • Considerations: This grant requires a 25% local match. The match may be made with in-kind resources, and the Department of Human Services is willing and able to provide the in-kind match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: ring 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA SUPREME COURT AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $65,000 of grant funding is hereby accepted from the Virginia Supreme Court, 9 through the FY 2021-22 Virginia Drug Treatment Court Docket Grant, and 10 appropriated, with estimated revenues from the Commonwealth increased 11 accordingly,to the FY 2021-22 Operating Budget of the Virginia Beach Office of the 12 Commonwealth's Attorney for expenses related to the drug treatment court. 13 14 2. A grant match of 25% in in-kind services is hereby authorized to be made by the 15 Department of Human Services in support of the drug treatment court. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci r s Office CA15516 R-1 August 26, 2021 `e'uP'• fir VSl 1,�t �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Revenue to the Clerk of the Circuit Court for Operational Needs and to Redirect Local Funding to Provide Employee Compensation Supplements MEETING DATE: September 7, 2021 • Background: The State Compensation Board provides the base salaries of employees in Constitutional offices including the Office of the Clerk of the Circuit Court. In many instances, the City provides a supplement to this baseline salary to allow the constitutional officer to provide salaries that reflect the local labor market. The Clerk of the Circuit Court has identified $95,494 in revenue from the Commonwealth that can be used to support operational needs that would otherwise be funded by the City. By freeing up this local funding, the Clerk requests the local funding be redirected to provide compensation supplements for employees. • Considerations: This appropriation will not require any additional funding from the City. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: 4 1 AN ORDINANCE TO APPROPRIATE STATE REVENUE TO 2 THE CLERK OF THE CIRCUIT COURT FOR OPERATIONAL 3 NEEDS AND TO REDIRECT LOCAL FUNDING TO PROVIDE 4 EMPLOYEE COMPENSATION SUPPLEMENTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $95,494 is hereby accepted from the Commonwealth and appropriated, with state 10 revenue increased accordingly, to the FY 2021-22 Operating Budget for the Clerk of the 11 Circuit Court to pay for operational needs. The local funding that would have paid for such 12 operational needs is hereby redirected within the Clerk's Operating Budget to provide 13 compensation supplements for employees. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' r y's Office CA15535 R-2 August 27, 2021 [ ��\ti A'BE1�; tag ' yS C;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $274,825 in Aid to Localities Grant Funding to Support the Operational Needs of the Fire Department MEETING DATE: September 7, 2021 • Background: Each year as part of the City of Virginia Beach's operating budget process, the Fire Department estimates the amount of Aid to Localities ("ATL") Grant funding that will be received. These estimated amounts are then appropriated as part of the acceptance of the proposed operating budget. As outlined in the table below, in FY 2019-20, an additional $89,234 was allocated to the department by the Virginia Department of Fire Programs, an additional $82,015 was allocated in FY 2020-21 , and an additional $103,576 was allocated in FY 2021-22. As a result, this funding needs to be appropriated to each respective ATL grant in order to make the funding available to the Fire Department. Fiscal Year Estimate Actual Difference 2020 $1,506,009 $1,595,243 $89,234 2021 $1,587,186 $1,669,201 $82,015 2022 $1,669,201 $1,772,777 $103,576 Total $274,825 • Considerations: Until this funding is appropriated, it cannot be utilized by the Fire Department to support their operational needs, including training, equipment, uniforms, and protective equipment. • Public Information: Normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:f F). 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $274,825 IN AID TO LOCALITIES GRANT FUNDING 3 TO SUPPORT THE OPERATIONAL NEEDS OF THE 4 FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A total of$274,825 is hereby accepted from the Commonwealth and appropriated, 10 with state revenue increased accordingly,to the FY 2021-22 Operating Budget of the Fire 11 Department for training, equipment, uniforms, and protective equipment. The sources of 12 such funds are $89,234 from the FY2019-20 Aid to Localities Grant, $82,015 from the 13 FY2020-21 Aid to Localities Grant, and $103,576 from the FY2021-22 Aid to Localities 14 Grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: — -"f- Budget and Management Services Ci e s Office CA15529 R-1 August 26, 2021 �� ` .",4 4=z ..�V= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Seat Belt Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 7, 2021 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists adhere to the proper use of seatbelts. The Seat Belt Enforcement grant will be active from October 1, 2021, through September 30, 2022. Officers will use the funding for overtime needed for selective seatbelt enforcement. • Considerations: The grant provides $29,400 in federal pass through funding from the DMV. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: "1 1 , ` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT LAWS 3 AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $29,400 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime related to the enforcement of seat 12 belt and occupant protection laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services or 's O ice CA15517 R-1 August 26, 2021 I ,NU' -�w� f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 7, 2021 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2021, through September 30, 2022. Officers will use the funding for overtime needed for DUI enforcement, and for two (2) officers to attend annual training. • Considerations: The grant provides $36,200 in federal pass through funding from the DMV. It also requires a 50% match of the federal funds. This match may be made with in-kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: Pr9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 That$36,200 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime related to the enforcement of DUI 12 laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 . Budget and Management Services y's Office CA15518 R-1 August 26, 2021 4u �� =Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Speed Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 7, 2021 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are not speeding in the City. FY 2021-22 will be the first time in recent years that the City has been awarded a grant for speed enforcement. This grant will be active from October 1, 2021 , through September 30, 2022. Officers will use the funding for overtime and equipment needed for speed enforcement efforts. • Considerations: The grant provides $77,503 in federal pass-through funding from the DMV for the following: • $42,000 for officer overtime; • $4,599 for one speed sign; • $17,888 for eight (8) lidar units; and • $13,016 for eight (8) radar units. The grant requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 042 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SPEED LAWS AND 3 TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $77,503 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime and equipment expenses related 12 to speed enforcement. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services i o 's Office CA15519 R-1 August 26, 2021 ro [ ,,4rAlci-8,_474, %l`_. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal Funds to Support the Fire Department's Marine Team MEETING DATE: September 7, 2021 • Background: The City of Virginia Beach was notified that the Port Security Grant from the U.S. Department of Homeland Security was approved in the amount of$23,002. The Fire Department's Marine Team is responsible for assisting with response and recovery duties for maritime emergencies in the Hampton Roads area, and these grant funds will assist in this mission. This grant will provide necessary operational equipment and personal protective equipment to maritime first responders. Grant funding will allow the department to increase its maritime support capabilities while keeping first responders safe. The allowable spending for this grant award is $23,002. • Considerations: There is no matching requirement for the Port Security Grant award, in accordance with 46 U.S.C. 70107(c)(2)(A). The requested equipment will be required to meet the Department of Homeland Security's authorized Standard Equipment List, as well as the proposed project budget. The performance period for this grant is October 1, 2021 through September 30, 2024. Specific equipment includes the following: • Search and Rescue Rapid Rescuer Personal Floatation Devices: Life Jackets required on all fire boats; • Working and Hoisting Lines: Rope used in any water application to include hoisting objects or emergency towing; • Fire Extinguishing Equipment: Equipment to provide foam for firefighting use when water alone will not suffice; • Fire Fighting Foam Class B: Fire extinguishing agent when water alone will not suffice; • Marine Binoculars: Optical systems that permit remote observation during search and rescue field operations; and • Handheld or Helmet Mounted Lights: Hand-held lights or lights mounted on helmets to use during nighttime search and rescue events. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dei rtment/Agency: Fire Department City Manager: frt.? 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO SUPPORT THE FIRE 3 DEPARTMENT'S MARINE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $23,002 is hereby accepted from the U.S. Department of Homeland Security and 9 appropriated, with federal revenue increased accordingly, to the FY 2021-22 Operating 10 Budget of the Virginia Beach Fire Department for the purchase of equipment related to 11 the response and recovery duties of the Marine Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _, 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ILL.ekt; Budget and Management Services Office CA15527 R-1 August 26, 2021 ji CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Fire Department's Physical Fitness and Training Programs and Training MEETING DATE: September 7, 2021 • Background: In January 2021, the Virginia Beach Fire Department applied for the Department of Homeland Security's FY 2020 Assistance to Firefighters Grant. The City was notified in August that the grant application was approved in the amount of $368,119.09, with a required cash match of $36,811.91 , for a total of $404,931. • Considerations: The funds provided will be utilized to allow the department to conduct Candidate Physical Agility Tests (CPAT) on site. Currently, the CPAT must be conducted in Chesapeake. Grant funds will be used to purchase additional exercise and rehabilitation therapy equipment to support the Department's wellness and fitness initiatives. Funding will also pay for the costs of tuition and textbooks for 20 firefighters to complete the paramedic program and data storage technology for training media. The performance period for this grant is August 9, 2021 through August 8, 2023. Funding for the cash match for this grant will be provided through Public Safety Equipment Replacement Project CIP (PG100325). • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE FIRE DEPARTMENTS PHYSICAL FITNESS 4 PROGRAMS AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $368,119.09 of grant funds is hereby accepted from the U.S. Department of 10 Homeland Security and appropriated, with federal revenue increased accordingly, 11 to the FY 2021-22 Operating Budget of the Fire Department for physical fitness 12 programs and training. 13 14 2) $36,811.91 to provide the cash match requirement for the above grant is provided 15 through Public Safety Equipment Replacement Project CIP (PG100325) Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagem nt ervices or y s Office CM 5528 R-2 September 1, 2021 K. PLANNING 1. JEFFREY & PAIGE MADRIGAL for the Street Closure re 334 square feet portion of an unimproved right of way adjacent to the rear of 317 45th Street DISTRICT 6—BEACH (Deferred from November 19, 2019) RECOMMENDATION APPROVAL 2. 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 (Deferred from September 7, 2021) RECOMMENDATION APPROVAL 3. VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 4. SAMET PROPERTIES & TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 2097 Harpers Road DISTRICT 6—BEACH RECOMMENDATION APPROVAL 5. VTS LYND MAYFLOWER OWNER, LLC for Conditional Use Permits re short term rental at 205 34th Street: a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 DISTRICT 6—BEACH RECOMMENDATION APPROVAL 6. JERRETT SIMMONS/JARRETT SIMMONS&MARLENA BEGLEY-SIMMONS for a Conditional Use Permit for Alternative Resident Development re 2841 West Gibbs Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 7. Ordinances re Short Term Rentals: a. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) Deferred from July 13, 2021 RECOMMENDATION APPROVAL ITEMS FOR RECONSIDERATION FROM JULY 13,2021 CITY COUNCIL MEETING a. AMEND City Zoning Ordinance(CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts- North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) u _ «S;II)SR Ft a C#i , og n 1..*'ace ,NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September 7,2021 at 6:00 p.m.In the Council Chamber at City Hall,Building 1, 2n°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 VBTV,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 ptt,- ,LF,V webex com/vbenv/nnstaee!e ohr?MTID=e2541 aarir26F?' 21,c,=,.•267b72cd55f91, 2. Register with the City Clerk's Office by calling 757-385-1303 prior to 5:00 p.m.on September 7,2021. The following requests are scheduled to be heard: Jeffrey&Paige Madrigal(Applicants&Property Owners)Street Closure Address: Adjacent to 317 45th Street Adjacent GPIN(s): 2418875164 Council District Beach Virginia Beach Development Authority(Applicant) Virginia Beach Development Authority&FROB,LLC(Property Owners)Modification of Proffers Address:Portion of Corporate Landing Business Park GPIN(s): 2415122650, 2415040770, 2415146859,2415259170,2415227788 Council District Princess Anne Elias Properties Virginia Beach Independence,LLC(Applicant&Property Owner) Conditional Rezoning(Conditional B-1 Neighborhood Business to Conditional B-2 Community Business) Address: 2749 S. Independence Boulevard GPIN(s): 1475416438 Council District Centerville Samet Properties(Applicant)Taylor Farms Land Company,LLC(Property Owner) Conditional Rezoning(AG-1&AG-2 Agricultural District&Conditional I-1 Light Industrial to Conditional I-1 Light Industrial District)Conditional Use Permit(Bulk Storage Yard)Address:2097 Harpers Road GPIN(s):2405665160 Council District Beach VTS Lynd Mayflower Owner, LLC(Applicant& Property Owner)Conditional Use Permits(Short Term Rentals)Address:205 34th Street,Units 1601,1602,1603, 1604,&1605 GPIN(s):2428032311 Council District Beach Jerrett Simmons(Applicant)Jerrett Simmons&Marlene Begley-Simmons(Property Owners)Conditional Use Permit(Alternative Residential Development)Address: 2841 W.Gibbs Road GPIN(s):1397352303 Council District Princess Anne CITY OF VIRGINIA BEACH - Ordinances to amend the City Zoning Ordinance pertaining to Short Term Rentals:To amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and establishing additional safety requirements. RECONSIDERATION: An Ordinance to amend Section 102 of the City Zoning Ordinance establishing Short Term Rental Overlay Districts - North End and Oceanfront Resort; An Ordinance to amend the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts -North End and Oceanfront Resort District 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 TOO 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 PILOT-AUGUST 22,20211-TIME EACH BEACON--AUGUST 29,2021-1 TIME EACH t z* 7, ,, , 0, — \ ill m 1 p C i N _____\____________---- 3 \ ,,, .... \:: \ 0 CO ___,...--- ,C • . \\L> ir � �` i 10 `�1 ti 2 ti a M O ‘ •-••-•"-... co 4, 1 \ >. ° oS a \ ---- -- Holly Road v Q a.)O 7--------- -a rail c , J Iy4 ( 01 c' 'a' I CI) g ro 5 -._ 1 y "O r .., _, ------„______ ` L '� t ...e. C -ifer,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Jeffrey and Paige Madrigal for the Closure of a 334 Sq. Ft. Portion of an Unimproved Right-of-Way Adjacent to the Rear of 317 45th Street MEETING DATE: September 7, 2021 (DEFERRED: November 19, 2019) • Background: Jeffrey and Paige Madrigal (collectively, the "Applicant") requested the closure of a 334 sq. ft. portion of an unimproved, unnamed alley (the "Right-of-Way"), located adjacent to the rear of their property at 317 45th Street, for the purpose of incorporating the closed area into their adjoining property. When the Applicant originally submitted the street closure application, there were encroachments located in the alley outside of the area proposed for closure. Consequently, the Planning Commission recommended approval of the street closure on the condition that an encroachment agreement be approved by City Council. At the request of the Applicant, this item was indefinitely deferred at the November 19, 2019 Council meeting to allow time for the encroachments to be relocated so that an encroachment request would not be necessary should the street closure be approved. The Applicant has now relocated the encroaching improvements so that they are located entirely within the Right-of-Way, as shown on the exhibit attached to the Ordinance. • Considerations: The Department of Public Utilities ("Public Utilities") advised that there was an existing public sewer line located within the Right-of-Way and recommended that a public utility easement be dedicated to the City over the entire area proposed for closure. Public Utilities has subsequently determined that the sewer line within the Right-of-Way is inactive and there are no plans to reactivate it. Therefore, a public utility easement is no longer required. The Viewers determined the closure of the Right-of-Way, with the conditions set forth below, as modified by the Planning Commission, will not result in a public inconvenience. The property owner adjacent to the northside of the alley submitted a letter opposing the closure and the encroachments in the Right-of-Way. There were no speakers at the public hearing. Now that a public utility easement is not required and all improvements that were located outside of the area proposed for closure have been relocated, it is recommended that the original Conditions recommended by the Planning Commission be accordingly modified as set forth below. Jeffrey & Paige Madrigal Page 2 of 2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. Staff recommends approval of the request with the following modified conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2, The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. the Right of Way to the City of Virginia B ach, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement eaasement, all improvements located within the acemcnt area shall be removed from the easement area unless an encroachment agreement is reached with City Council. 3. The Applicant 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. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report (w/ Disclosure Statement) Minutes of Planning Commission Hearing Location Map Letters of Support ( 4 ) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 10 Submitting Department/Agency: Planning Department. City Manager: 1 ORDINANCE APPROVING APPLICATION 2 OF JEFFREY AND PAIGE MADRIGAL 3 FOR THE CLOSURE OF A 334 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT- 5 OF-WAY ADJACENT TO THE REAR OF 6 317 45TH STREET 7 8 WHEREAS, Jeffrey and Paige Madrigal (collectively, the "Applicant") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed and 22 vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (334 SQ. FT. OR 0.008 ACRES)", shown as the hatched area 29 on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF LOT-49A RESUBDIVISION OF LOT 49, LOT 50 31 AND THE W. 30' OF LOT 48 MAP OF THE HOLLIES (M.B. 6, 32 PG. 107) (IN. 20150129000082310) VIRGINIA BEACH, 33 VIRGINIA", Scale: 1"=25', dated June 28, 2017, prepared by 34 wpl, 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 current "Policy Regarding Purchase of City's Interest in 44 Streets Pursuant to Street Closures," approved by City Council. It has been determined 45 that the purchase price to be paid to the City shall be $12,358.00. 46 47 No GPIN (Public Right-of-Way) 48 (Adjacent GPIN: 2418-87-5164 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 51 submitted and approved for recordation prior to final street closure approval. 52 53 3. The Applicant shall verify that no private utilities exist within the Right-of- 54 Way. If private utilities do exist, easements satisfactory to the utility company must be 55 provided. 56 57 4. Closure of the Right-of-Way shall be contingent upon compliance with the 58 above stated conditions within 365 days of approval by City Council. If the conditions 59 noted above are not accomplished and the final plat is not approved within one year of 60 the City Council approval, said approval shall be considered null and void. 61 62 SECTION III 63 64 1. If the preceding conditions are not fulfilled on or before September 6, 65 2022, this Ordinance will be deemed null and void without further action by the City 66 Council. 67 68 2. If all conditions are met on or before September 6, 2022, the date of final 69 closure is the date the street closure ordinance is recorded by the City Attorney. 70 71 3. In the event the City of Virginia Beach has any interest in the underlying 72 fee, the City Manager or his designee is authorized to execute whatever documents, if 73 any, that may be requested to convey such interest, provided said documents are 74 approved by the City Attorney's Office. 75 76 SECTION IV 77 78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 79 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 80 VIRGINIA BEACH as "Grantor" and JEFFREY MADRIGAL and PAIGE MADRIGAL, as 81 "Grantee." 82 83 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 84 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • //14- 1) Itt(ta Planning Department City Attorney CA14015 bgo,com dfs I.applications'cirylaw\cycom32\wpdocs\d007\p035\00601928.doc R-2 August 25, 2021 EXHIBIT A F DAVID M. BRASHEAR & N 74'32'12" E I N/F EUZABETH S. JANET M. BRASHEAR 44.23' RELOCATED MAURER TRUST40 L'IH op LOT 67 & LOT 66 FRAME LOT 65 & LOT 64 f"P GPIN: 2418-87-5206 RELOCATED SHED GPIN: 2418-87-6209 . (M.B. 6, PG. 107) 24" RET (M.B. 6, PG. 107) 'i N 115323" W 7.51' WALL 7.00' 0 IC . ARNER �5� . v ,�,� 7.50' �� Lic. o. 2904 - _,� '�-,� ` 11/07/2019 ( lir _ nI$ ‘ S 15'50'12" E e'URN — PP WITH GUY WIRE I 1 FIREPIT I () 72" WOOD 72" WOOD FENCE 1 CONC PAD I 'Cr; FENCE AREA OF PROPOSED I CONC " I o STREET CLOSURE N N 74 32 12 E I N N/F o (3.34 SO. fT. OR ►i 44.75' I : JOHN P. DUFFY & - 0.008 ACRES) rri MERCER B. DUFFY v m LOT-49A i W 1/2 OF LOT 46, LOT 47 j AND E. 20' OF LOT 48 N/F N/F t Pr' GPIN: 2418-87-6136 N� RANDALL L BAKEL & 317 45TH STREET -" (IN. 20080923001119490) ri h JANET E. BAKEL JEFFREY MADRIGAL & k LOT 50-A 3 PAIGE MADRIGAL Li N N (IN. 20150129000082310) GPIN: 2418-87-5164 Q. ' GPIN: 2418-87-5113 re) Z.QIN. 20151028001058110�I I � 5' PRIVATE DRAINAGE I - I-- EASEMENT (I.N.--1 20150129000082310) t y J 52.67' I Qa F1 O 79.50' TO S 78'05'11" W HOLLY ROAD - (70' R/W) 45 th (FORMERLY AVENUE "A) S TREET (Af B. 6, PG. 107) 0 25 50 (M.B. 8, PG. 12) I---( '---i I SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT OF LOT-49A RESUBDIVISION OF = . LOT 49, LOT 50 AND THE W. 30' OF LOT 48 MAP OF M THE HOLY MS (M.B. 8, PG. 107) (IN. 20150129000082310) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying DATE: 06/28/2017 I F.B./PG.: 1034/33 & 1044/77 proj. no.: 216-0341 Civil Engineering wplsite.com 757.431.1041 242 O NG 1RAE SR:81RQIA DEMI,VA 23452 f , Tile: 216-341_Ench Exh.dwg [ PLAT: H-0699 CAD/chk: WJW/eag Applicant Jeffrey & Paige Madrigal Public Hearing August 28, 2019 Agenda Item IN / City Council Election District Beach 6 Virginia Beach Request Street Closure Staff Recommendation ` Approval 4��,� Staff Planner Ira Bill Landfair I ' s* Location ' IISP '�� Alley adjacent to 317 45th Street ��w GPIN 2418875164 ,.• ' Site Size vo 334 square feet of right-of-way —"""°"' AICUZ 65-70 dB DNL;Sub-Area 3 Watershed Atlantic Ocean Existing Land Use and Zoning District ;-'t , . ` Alley/R-7.5 Residential - vi, { 'k. Surrounding Land Uses and Zoning Districts •;r - North ��. -•`, ` ;. „1; + r Single-family dwellings/R-7.5 Residential 1 pi24.4ax ' South s �; + • Single-family dwelling/R-7.5 Residential .z.. ` - F y East ,. i ..' Single-family dwelling/R-7.5 Residential :44.0100 -; - .. .,,, , West ,milk Arli Single-family dwelling/R-7.5 Residential '' "` I Jeffrey& Paige Madrigal Agenda Item 6 Page 1 Background and Summary of Proposal The property owner proposes 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 applicant is requesting to close half of the 15-foot- wide alley adjacent to 317 45th Street, totaling 334 square feet, and incorporate the land into the adjacent residential lot. R-7.5 1� 1 _ 5 '.,' No Zoning History to report. R-20 z ' 1` 1` f_ 1 a5.%5twe.t 1 i - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation A Viewers' Meeting was held,that included City Staff from the departments of Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure of this portion of the alley will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable.The Department of Public Utilities has indicated that there is an existing public sewer line located within the 334 square foot area; therefore, a condition is recommended that a public utility easement be dedicated to the City over the entire portion of the alley to be closed. Upon dedication of the easement, all improvements, including an existing frame shed and retaining wall, located within the easement area must be removed to allow to access the sewer line when necessary. Staff received one letter of opposition from the adjoining property owners to the north. The letter outlines concerns regarding the existing improvements that encroach into the alley, which they note has decreased the vegetated buffer between the properties that the unimproved alley provided. While they are not interested in pursuing the closure of half of the alley adjacent to their property, they wish to retain their right to do so in the future. Staff's position is that once the improvements are removed, the area will naturally revegetate, and the former buffer will reestablish. It should be noted that if the need ever arises for City crews to perform maintenance or provide repairs to the underground utilities,the area may be cleared for access. Jeffrey& Paige Madrigal Agenda Item 6 Page 2 In Staff's view,the proposed Street Closure is acceptable and recommended for approval subject to the following conditions. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Utilities, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. Upon dedication of the easement, all improvements located within the easement area shall be removed from the easement area. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The adjoining property owners to the north have written a letter of opposition to the proposed street closure. The details are provided in the evaluation section of this report. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 15, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and Sunday, August 18, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 12, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 22, 2019. Jeffrey& Paige Madrigal Agenda Item 6 Page 3 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,August 22, 2021 and August 29, 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 23, 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 September 3, 2021. Jeffrey& Paige Madrigal Agenda Item 6 Page 4 Street Closure Survey "fir I4) N F ELIZABETH S. DAVID M. BRASHEAR do N 74'32'12" ELTH OF JANET M. BRASHEAR 44.23' RELOCATED MAURER TRUST LOT 67 & LOT 66 FRAME LOT 65 do LOT 64 Lf• GPIN: 2418-87-5206 RELOCATED SHED GPIN: 2418-87-6209 M.8. 6, PG. 107) 24" RET (M.B. 6, PC. 107) 'x ( 7.00' IC . ARNER N 115323" W 7.51' WALL Lie. o. 2904 7.50' `1 10/01/2019 �6 N/MPROVEO) . %j�sr�LW4% q� � `�� 1'�a� �� N.B. 6. PG. J .., -7♦ - ,, �il ' S 15'50'1 SURs -- ____-- --- 7.50' PP WITH GUY WIRE 1 FIREPIT I 72" WOOD 72" WOOD FENCE 1 CONC PAD I Cn FENCE AREA OF PROPOSED I CONC I c STREET CLOSURE N N 74 32'12' E I N/F w (3 SO. Ff. OR .44.75' I JOHN P. DUFFY do ti 1 r MERCER B. DUFFY W a O.o08 ACRES) L 0 T-49A I W. 1/2 OF LOT 46, LOT 47 q I " AND E 20' OF LOT 48 lloi N/F N/F I w GPIN: 2418-87-6136 CN RANDALL L BAKEL do 317 45TH STREET „t. (IN. 20080923001119490) � JANET E. BAKEL 3 JEFFREY MADRIGAL do -� k- LOT 50-A 1. PAIGE MADRIGAL (IN. 20150129000082310) N GPIN: 2418-87-5164 GPIN: 2418-87-5113 I'e IN. 20151028001058110 1 oi I I 5' PRIVATE DRAINAGE 1 -i--- 1--EASEMENT (I.N.--I 1 20150129000082310) 4 I 1 r�O 52.67' I Y�? 79.50' TO _,�' S 78'05'11" W HOLLY ROAD (70' R/W) 45 th (FORMERLY AVENUE "'A) STREET N.B. 6, PG. 107) 0 25 50 (M.B. 8, PG. 12) I--. — .--t I SCALE SCALE: 1"=25' S 1 OF 1 ENCROACHMENT EXHIBIT = HIEST OF LOT-49A iA RESUBDIVISION OF -il LOT 49, LOT 50 AND THEMAP W. OF LOT 48 THE HOLLIES ()LB. 6, PG. 107) '-''' 4 _ -m- a VIRG(IN.INIAo BEACH,082910) VIRGINIA Landscape Architecture Land Surveying date: 09/04/2019 I F.B./PG.: 1034/33 do 1044/77 I proj. no.: 216-0341 Civil Engineering w laite.com 757.431.1041 24 gem it sit a vimvA 23452 file: 216-341_Ench Exh.dwg I PLAT: H-0699 CAD/chk: WJW/eag Jeffrey& Paige Madrigal Agenda Item 6 Page 5 Site Photos j +.Jcoet ‘ A j: F -: 4": ; l.P.. ; +r. , `, 1. y _ , '5•+: 1.. C `S . -4 Y ' Jh " ' • • 415() a 4'. .Fs . ,"V„,,, Ifili 4• J, `+�. . il v \..1 \lit \ `T" , • k t Jeffrey& Paige Madrigal Agenda Item 6 Page 6 Disclosure Statement NAB APPLICANT'S NAME Jeffrey&Paige Madrigal 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 eats Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 7 Plenum Commission and Cit.Council meetin that:ertains to the a hcauon(s). APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF - DATE: 8/17/2021 MLC REVISIONS SUBMITTED DATE. Jeffrey& Paige Madrigal Agenda Item 6 Page 7 Disclosure Statement Virginia Beach O Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jeffrey&Paige Madrigal If an lIC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it prerty owner is different from Applicant. u Check here if the PROPERTY.QWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Jeffrey& Paige Madrigal Agenda Item 6 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) (B) list the businesses that have a parent-subsidiary t 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 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 subiect of the application or any business operating or to.be operated on the_Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Jeffrey& Paige Madrigal Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE i PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of f your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than LiA the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nX Construction Contractors X Engineers/Surveyors/Agents WPL Financing (include current Caliber Home loans(MERS): Navy mortgage holders and lenders Federal Credit Union selected or being considered to provide financing for acquisition or construction of the property) PI Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / r Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jeffrey& Paige Madrigal Agenda Item 6 Page 10 Disclosure Statement NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has ibeen scheduled for public hearing, I am responsible for updating the inform provided herein two weeks prior to the Planning Commission, Council, meeting, or meeting of any public body or committee in connection with Application. � �n 9 �'`_Apa Jeffrey Madrigal 6_21. G1NT 5 NATURE _ PRINTNAMEDATE i lalji.'�ril' L�Ltp �. ,' P Bal '2 Page 5 of 7 Jeffrey& Paige Madrigal Agenda Item 6 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. Jeffrey & Paige Madrigal Agenda Item 6 Page 12 Item #6 Jeffrey & Paige Madrigal Street Closure Adjacent to 317 45th Street August 28, 2019 RECOMMENDED FOR APPROVAL Ms. Sandloop:Yes maam, next item is agenda item six. Jeffrey and Paige Madrigal, it's an application for street closure on property located adjacent to 317 45th Street located in the Beach District. Mr. Bourdon: Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach attorney representing Paige and Jeff Madrigal who are here this afternoon along with Dave Jester who has also come down and to support this application. Mr. Jester and Mr. Madrigal are prepared to speak. I'll get to that in just a second and in support of the application if need be. Dave is here because he resided in the neighboring property to this for many years and on your original staff reports you may have noticed they were revised today, but they showed one house on what were two lots that was demolished about five years ago and these two houses were built. When Mr. Jester lived in the neighborhood, the homeowner of that one house, the shed that you've seen on the pictures that shed was there, then in this current location, been there for probably 20 years and he was here too. And he's an officer of the Civic League and it's never been an issue, shed has never been an issue with anybody as far as he has any recollection or the neighborhood has any recollection. The only reason I think you all planned on putting this on the consent agenda that I'm up here is the last sentence in condition number two that suggests that all of the improvements located within the easement area that's an easement that my clients are in full agreement to dedicate to the city over the seven and a half feet of alley we're proposing to close but all the improvements would be removed from that easement at that time. We would respectfully request that be deleted and then we have the opportunity to pursue an encroachment agreement with the city that will be responsible for moving it if and when the sewer line which has been there, you know, again for decades and has never required even though the shed's been there for decades that it be removed and everything else be removed in order to maintain it. If we were happy to remove anything if there's any need in the future and sign an encroachment agreement which is what happens with the city. I will also admit and acknowledge as we discuss, you all discussed this morning, the portion of the shed and the fence wall that is encroaching 1 in the northern half of the alley, which we're not closing and cannot close, those will be relocated so that we will have no encroachment and what will remain the seven and a half foot section of alley belonging to the city, this lane or alleys never been improved. It's been plated for over 100 years, well over. It's not going to be improved as a road if you've seen topography; it's a cliff that goes to the north of where these improvements are straight up, totally heavily vegetated. So again, I just and both Mr. Jester and Mr. Madrigal are prepared to come up and speak. I got the impression you're supportive of it and we appreciate staff and the viewers being in support of it, but we would simply request that the last sentence be deleted from condition number two. The issue is going to be addressed during the subdivision process, the re-subdivision process, and we would like to have the opportunity to convince the council that with the appropriate encroachment agreement and the relocation of the shed, and the portion of the retaining wall, out of the northern half of the alley, that we be allowed to have those there with sufficient, an encroachment agreement that would mandate, we remove them if ever, and whenever there's a need to maintain that sewer line that's underground. We are happy to answer any questions anybody may have. Mr. Rucinski: Any questions to Mr. Bourdon? Mr. Ripley: Yeah, why would you want it? I mean, I understand why you wanted to remove but why would the city remove it because it is stating the fact that it's there and they quote, and you could file for an encroachment agreement, I understand, and hopefully that'll work out the way you want, but though they need to state this as the way I see it and in the application. I mean, it's a fact right? It's encroaching. Mr. Bourdon: It's encroaching. We're going to remove the portion that's encroaching in the north half and we were seeking, will be seeking council's approval for the moving it into the other, there's a seat, a nice seating area with a fire pit over in this corner. It's all on the property, and we would relocate this. So it's on and this property line to be vacated. That's a whole city process of vacating that property line and we, just as long as that last sentence is removed, then that provides us with the opportunity to seek to keep the shared efforts relocated part of it on our property but with an encroachment because the city will have the public utility easement over it and so if we need to remove it because of their maintaining it, we would be willing to do that. Mr. Ripley: What if you didn't get the, what if you didn't get the, what if you didn't get the encroachment agreement? What do you do? Mr. Bourdon: Well, we would have no choice but to relocate everything onto the property that is south of the seven and a half feet, we'd be acquiring and, you know, 2 that's up to, that's ultimately up to city council to where they're willing to allow us to do that or not. Mr. Ripley: Thanks. Mr. Bourdon: But we, we just didn't want it to be, you know, that door to be closed today that didn't make, to us, it didn't make a lot of sense. And that's the purpose of what Mr. Jester would indicate too, staff has been there for, you know, 20 years plus at least the shed has been there 20 years plus and it hasn't ever had to be removed, never in anybody's way. But we recognized and not fussing with the staff at all, but that's what the encroachment process is for. And we have lots of those throughout the city, encroachment agreements that require, you know, insurance and movement of them have the encroachment on 30 days notice if the city wants to get in there and do work and we're happy to do that. Mr. Inman: Is what you're saying that the removal of that sentence doesn't mean you get to leave it there? Mr. Bourdon: Correct. Mr. Inman: If you don't get an encroachment. Mr. Bourdon: That's correct. Mr. Inman: You know, you're encroaching and you've got to get that. Mr. Bourdon: That's correct, with that sentence, it closed that door. Mr. Inman: Which is not necessary? Mr. Bourdon: Correct, that's I'm just asking that one sentence be removed, not trying to trick anybody, we would be pursuing an encroachment and, again my client and Mr. Gesture, you know, if I read you all correctly this morning they don't need to waste your time speaking if you're going to approve it with that change. Mr. Tajan: Staff offered an option to Mr. Bourdon and his clients; instead of removing the sentence, can we add or an encroachment shall be granted or an encroachment. Mr. Bourdon: Unless an encroachment is granted that's fine. Mr. Tajan: Unless the encroachment is granted by city council, we do find value and the condition still being there to reinforce the fact that it does need to be removed through the process. Mr. Bourdon was correct. It will have to be 3 removed anyway but there's still value to the condition, but we will just add in the fact that he can still obtain an encroachment when necessary. Mr. Bourdon: And also be very clear, we understand that it cannot remain in the northern half of the alley. We have no rights to have it in that section of the alley. But all I wanted on the record that I don't want to come up and say we agree to the conditions and that basically would close the door. We just want to be in a position to pursue. Ms. Rucinski:So you are agreeable with the addition? Mr. Bourdon: As long as you added the condition that, you know, encroachment is approved. Mr. Tajan: Sure, that's fine, too. Mr. Bourdon: Thank you, Mr. Tajan. Thank you. Ms. Rucinski:And the next speaker? Ms. Sandloop:There are no other speakers. Ms. Rucinski:All right, we'll close this public hearing and open it up to discussion among the commissioners. Mr. Inman: I'd make a motion to approve the application subject to adding to the end of the last sentence and condition number two, unless an encroachment agreement is reached with city council. Mr. Redmond:Second. Mr. Graham: Second. Ms. Rucinski:Second. Ms. Sandloop: The vote is open. By recorded vote of 9-0 agenda item number six has been approved with condition as amended. Ms. Rucinski:All right, thank you. Call the next item please. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ ABSENT BARNES AYE GRAHAM AYE HORSLEY AYE 4 INMAN AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE 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 shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Utilities, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. Upon dedication of the easement, all improvements located within the easement area shall be removed from the easement area. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 5 From: Paae Duffy To: William R.Landfair Subject: Jeffrey&Paige Mandrigal Application for Street Closure Date: Monday,August 5,2019 11:10:15 AM William- I am John P Duffy Sr. My wife and I own and reside in our residence at 307 45th Street in Va Beach. We live directly adjacent to the Madrigal's property. We have no objection, whatsoever, to their application for street closure. As we will be unable to attend the hearing on August 14, I trust that you will present this statement on our behalf. Respectfully - John P Duffy 'Richard C $¢alsi Email:rick.beale2 a emai.l.com 303 45th Street Virginia Beach,VA 23451 757-286-3677 August 7, 2019 Virginia Beach Planning Commission Room 115, Bldg. 2 2405 Courthouse Drive Virginia Beach, VA 23456 tic7c1IP Re: Street Closure Application 317 45th Street Virginia Beach Dear Sirs/Mesdames: I own and reside at 303 45th St., Virginia Beach, VA, and I am aware of the above- referenced street closure application of Mr. and Mrs. Jeff Madrigal concerning the paper street behind their home located at 317 45th Street. This is to notify you that I have no objection to the application. Please feel free to contact me if you have any questions. I am Very truly yours, Richard C. Beale RCB/gwg From: Randy Bakel To: Planning Administration Subject: Street Closure--Jeffrey&Paige Madrigal--317 45th Street Date: Sunday,August 18,2019 11:48:49 AM Dears Sirs/Madams: My wife Janet& I live next door to Jeffrey& Paige Madrigal. The street requested for closure runs behind our houses. It is not a street but a right-of-way. A street is not needed there and it would be totally impractical and probably dangerous to ever locate a street there. The land where the street lies is a steep hill behind our house, and intersects Holly Road on the hill and at a curve in Holly Road. The land is currently heavily overgrown with trees, bushes,vines, bamboo, etc and is not useable by us. We have no objection to the street being closed. Mr. Bill Landfair has indicated that the Street Closure decision has no impact on us and our property in any way. We have no interest in purchasing any of the right-of-way behind our home. We have no objection to Jeffrey& Paige Madrigal buying the street land behind their home. The land is flatter there and some of the land is useable by the Madrigals. We also see no reason for them to tear out beautiful landscaping and move their shed that has been in its current location for many, many years. Randy&Janet Bakel 321 45th Street, Virginia Beach,VA 23451 585-781-4001 Letter to the City of Virginia Beach From: David and Janet Brashear, homeowners 4507 Holly Road Virginia Beach,VA 23451 Subject: Street Closure Request There is a street closure application pending for the paper alley between 45th and 46th Street filed by the Madrigals, new property owners at 217 45th Street. Our property,which we have owned for well over 20 years, is an adjacent property to the paper alley with the most contiguous land to the alley,with the possible exception of our neighbor's property on 46th Street. We wish to go on record as being opposed to the closure. We like the buffer that we have in the form of the alley,we would prefer not to have to pay to keep the land as is, and, it is worth noting,that simply closing the alley will not remedy the overt encroachment by the Madrigals. While we are not pursuing a closure of our half of the alley,we wish to retain our right to do so in the future if it becomes a necessary precaution to minimize other encroachment issues. We appreciate your consideration of our concerns in this matter. Janet Brashear David Brashear -IA .r � o � R1�0, ''to c w 1 ,73ir its • /0 40 ,�is fig o/ tp> 0 Q i 110 �1R10 �0 �t. P 1° �o ��IRi ' J' ' R.1.0 ' Q* • P1 w C\\* 0 44P°a_>. 4(g/Cit\AL4 4 74-_?.. 00 ,,, ° Qicii,V It W or 0 *) / N 0° / ro oci 0 o `: PDH2*2=) 41 I f *lig kl-0 / a) tO �' • P1 /al /i d iw. R10 0 = �* Q - \ ia B1 i de endenc_e_Boulevard \ I. !► o 11-7( p 00° mia . R 101 g7-1- #► 0 QQ c) 410 ,-, o 1611°' . 1110.1. i•-_, 1 • g ,c?\ 4;0 1 � oLif R1.4j :IR11O -0 , � .2°u_ ' P1 VA 011ida • ��. 7 v�. v . hr-tr-innrH gt A\ loi, 0 0 0 iSe * �N�,\ MI SiteElias Properties Virginia Beach Independence, LLC W NO Property Polygons 2749 S. Independence Boulevard S Zoning LBuilding - min iiim m Feet 0 50100 200 300 400 500 600 4,4...!,1,14.:,,.i... f0 '�' alai:'�'�, N f4 s, L;:w. of CITY OF VIRGINIA BEACH AGENDA ITEM J 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: September 7, 2021 • Background: On August 17, 2021, this item was deferred to the September 7, 2021 City Council Hearing. 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 Elias Properties Virginia Beach Independence, LLC Page 2 of 2 likely result in a decrease in traffic generation when compared to the previous pharmacy. 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 7 ' City Manager: f17 Applicant & Property Owner Elias Properties Virginia BeachN Agenda Item Independence, LLC B Planning Commission Public Hearing July 14, 2021(Deferred at the May 12, 2021&June 9,2021 Planning Commission Public Hearing) 8 Virginia Beach City Council Election District Centerville Request Conditional Rezoning (Conditional B-1 Neighborhood Business to Conditional B-2 Community Business) - " hyF^•�`h'se Staff Recommendation Ili 01111 \el I hir Approval o` Staff Planner d Marchelle Coleman /� a Nye no Location 1p . 1 2749 S. Independence Boulevard GPIN 1 3<' s 1475416438 Eagle Way Site Size ,.y.1 f Ware Neck Drive 2.17 acres . Aay�'`° AICUZI.e r ;SpreKnob Road 0445 /1 / gran^on 0^ve Less than 65 dB DNL Watershed Southern Rivers sr•� . ,- Existing Land Use and Zoning District a =1,1-, Vacant retail/ B-1 Neighborhood Business ' .r� Surrounding Land Uses and Zoning Districts •• ik North �, k Single-family dwellings/PD-H2 Planned Unit ,.,, , <• k.,.Ar>� j S� l Development (A-12 Apartment) } a- ! fe fit, South ` ce Boulevard Golf course/ P-1 Preservation , East kr g ' a-_* -4 4 ' t c;„ • c' ♦ Single-family dwellings/PD-H2 Planned Unit Is': tk„le t ` �~ 4 " Development (A-12 Apartment) `� �` . West E} "` �',•"p• t 1.0,.ii , 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. mil/ t. -\:____\ Zoning History 1 "'° t. n # Request 1 CRZ(Conditional B-1 to Conditional PD-H2(A-12)) I\ g'�/ Approved 10/07/2014 I. °° 2 CUP(Church)Approved 12/03/20135 it� MOD(Add an Awning)Approved 05/10/2005 CUP(Church)Approved 10/28/1997 - B,,,Nvara 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 °10 °° 4 REZ(PD-H2 to P-1)Approved 12/09/1985 5 LUP(Glenwood Land Use Plan)Approved 11/12/1984 z /7i-A 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—ConditionalRezoning 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 Staffs 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 ADTI 15,000 ADT (LOS°"D") Existing Land Use 2—1,200 ADT Round Hill Drive 3,000 ADT1 20,700 ADT (LOS 4"D") Proposed Land Use 3—700 ADT '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 17 0 0 V1 ro N / CU �� C E%ISTRM FULL—MOVEMENT ENTRANCE---._ yq R O • — - 4:� ,,F ly • 1"f �` r LOADING SPACE L.PROPOSED FULL—MOVEMENT ENTRANCE---__.-- "/ ,r PROPOSED 8 WHITE ` ,.,t,•r" _ ' x VINYL SCREENING FENC n' I PARKING TABULATION: 6' , ---' 56 TOTAL J __ �- - 1 STANDARD -F- - '\ \--, _ - 3 3 HANDICAPPED VAN ACCESSIBLE ` /•--J >/ NOTES 1 _ 1. SUBJECT TO CITY APPROVAL, 3'; EXISTING ` DIRECTIONAL SIGNAGE TO BE rl if BUDDING ' .1 i , '1 INSTALLED IN PROXIMITY TO J THE PROPERTY'S ROUND HILL r' la_ I O.1` DRIVE AND S.INDEPENDENCE (` II �....c .Q1, BLVD FRONTAGES IDENTIFYING �'� 'r� THE ENTRANCE TO THE -.�'� , ulj ..: COMMERCIAL PARKING AREA / I �// 7-ir ` r� ' -EXISTING PARKING LOT LOCATED ON THE PROPERTY. k/ 14,4/ -r,-- rl „r,= ISLAND TO BE REMOVED 2- SITE LIGHTING WILL BE / * . I'—NEW PARKING LOT INWARDLY AND DOWNWARDLY 1 / l +' ' 1 -.., ISLAND DIRECTED,AND ANY EXISTING j�`- f';1 , —EXISTING PARKING LOT t - LIGHTING DIRECTED TOWARD e / I 1 1 - 1 F,/ {' ISLAND TO BE REMOVED THE HONEY BEE VILLAGE _m I 1•J !� jj� - _-- NEW PARKwcLOT "1I COMMUNITY WILL BE REMOVED. of �J STRIPING In EXISTING RIGHT-IN/RIGHT-OUT ENTRANCE al (p ._,I ,.,....-... `� ENDENCE BLV O. g INQEP FT; pI, n I Z oI + - EXISTING FLEX-POST 5 A d ,:.,,,- „� 4, DELINEATORS TORE rp coDOLLAR TREE - Independence Blvd, Virginia Beach, VA ^' . <E Conceptual Development Plan-June 14, 2021 ED - TIMMONS GROUP O_ a) > -a Do CD CD m D O_ O_ (D IL = CDrD rD - Co n 0 0 v, CD o_ EXISTING SHRUBS(APPROXIMATE) TO SATISFY STREET FRONTAGE • 0_REQUIREMENTS ALONG ROUND I. -__ HILL ROAD �\ T Ch, H n EXISTING TREES(APPROXIMATE, \ ,,4 CU TO SATISFY STREET FRONTAGE `�� -> T ��q lTio REQUIREMENTS ALONG ROUND \F (D HILL ROAD -�„ °° \,- ____.-y EXISTING SHRUBS O `\�-�y�O�OO '- (APPROXIMATE)TO \\\ f,' SATISFY TRASH °I: \ ENCLOSURE _O O / . REQUIREMENTS ALONG ROUND CHARLOTTE WAY EXISTING TREES(APPROXIMATE) +I TO SATISFY STREET FRONTAGE /.. \REQUIREMENTS ENTS ALONG ROUND \ RILL REM - '- �.. KK.ti \, EXISTING SHRUBS(APPROXIMATE) + ---- REQUIREMENTS SATISFY STREET FRONTAGE 1 + _ -- REQUIREMENTS ALONG ROUND ' i HILL ROAD Y,� ITi��-PROPOSED TREES TO - ----- __ �( 7:- ~! .Q'1 SATISFY PARKING LOT EXISTING /. 3r) INTERIOR REQUIREMENTS. .' LBUILDING /•,�_.. --7 lI •'TREES REQUIRED INSIDE _ ( •+_;; OF INTERIOR ISLANDS WI a�� l O;i IN THE POWER EASEMENT EXISTING SHRUBS(APPROXIMATE) Q\__ i Sri HAVE BEEN LOCATED _ ALONG THE EDGE OF THE TO SATISFY BUILDING FOUNDATION __ �l /c •�.,.,\` +rl+ EASEMENT. PLANTING REQUIREMENTS - ' -�'�(( '`^< /o•;! ' l` J f(`\J 7` - \ �•' �, •1-7, I�'T ±±±�� / -EXISTING SHRUBS I 1 V (APPROXIMATE)TO SATISFY I � t- 1 �� /i BUILDING FOUNDATION ! .I / ! / 1 r • 1 PLANTING REQUIREMENTS tt-1 /7! -}) r I r t V' > l ! FTl j`''' ��+ ! '�l~r��;.1 /'%�� + PROPERTY LINE,TVP 1r' + r �) � I f (FIELD VERIFY) I --- -. 1 ( T - \\ ENGfi BLVD: JI I NDEPEND__- - 0,4. 4 j \ EXISTING FREE STANDING SIGN 21 �-EXISTING SHRUBS(APPROXIMATE)TO -. \ \ SATISFY FREE STANDING SIGN LANDSCAPING �_• EXISTING SHRUBS(APPROXIMATE)TO SATISFY STREET n \ FRONTAGE REQUIREMENTS ALONG S.INDEPENDENCE BLVD. Q) -EXISTING TREES(APPROXIMATE)TO SATISFY STREET W FRONTAGE REOUIREMENTS ALONG S.INDEPENDENCE BLVD. fD DOLLAR TREE - Independence Blvd, Virginia Beach, VA "' °. n Conceptual Development Plan-June 14,2021 .» TIMMONS GROUP D -o ail m FB = IZ Q CD 0) = — 11 w To Si) a0 CO n Proposed Building Rendering . ---r ...% o a I;I IMF SV 0B +11 LU �� i d , nip x 1g - W i �� c b W !ill ''' w Z R- [ u) X - w 5 R m ■mi I W W W M co• Z Q W u) Q Q 5 m O I r - u v~i <n i :sue 4.0 O H ,iW Wtk J I Z Q O C I` w ii U3 S cr W LL [. m ° ' a C) .... r E _ — > o LT Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 9 Site Photos „ II H i if r _ ` - `, '.a . V113kGt V:.:: s Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 10 Site Photos 1 1 1 i ... is -. y •- p ._ •� ii T' ■-_ as a y±�, ate` : i- - r 'Abe '_F .. - - Elias Properties Virginia Beach Inde , Agendapendence Item Page 1LLC81 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to Inform public officials who may vote an 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? III Yes ❑ No • If yes,list the name of the representative. Robert P Beaman III,Esq.-Troutman Pepper Hamilton Sanders LLP Is the applicant 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) 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§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,(if)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 I Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement Planning&Community I>evelopment 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 III 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. 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? lE 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 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 lU 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. Revises 11.09.2020 2 Elias Properties Virginia Beach Independence, LLC Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement 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 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?IN Yes 0 No • If yes,identify the firm and individual providing the service. I immons fir chip 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?I Yes ❑No • If yes,identify the firm and individual providing the service. Troutman Pepper Hamilton Sanders LLP;Robert P.Beaman III 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. 0—eet.„;1\4_, Applicant Signature Martin Elias,Managing Member Print Name and Title February 22,2021 Date Is the applicant also the owner of the subject property? ID 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 prier to any Planning Commission and City Council meeting that pertains to the applications NO changes as of Dap 8/18/202 1 Signature s✓ "1"ate Marchelle L. Coleman Revised 1I.09.2020 3 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 a`4:cf, Li CITY OF VIRGINIA BEACH 46 „ �,, INTER-OFFICE CORRESPONDENCE J • S op OUR/.0`O, In Reply Refer To Our File No. DF-10606 DATE: August 27, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso 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 September 7, 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: Debra Bryan 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 1 Vijay of � nt, 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: lore a.rt a� a o STATE/GOMMONWEA TH OF New Yo cK C-I-T-Y/COUNTY OF &/a sscc Gt. ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 2- day of February , 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. Witness my hand and official stamp or seal this cday of Pbtuctry , 2021. Notary Public (SEAL) My Commission Expires: NioV. g, aO a� ROSEMARIE BRACKEN Registration Number: D 6R tt a3 0�ci Notary PNo.0c,State 0f New York 6�n 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 A.G1 AG1. 01° -p° s 2 • ' •B2 B2 _ = ec . ❑ /PDH"1 B2 Dam-N AG1 a Q 111 11�&B 2 ,,,,, B2 H1 a , L h:.. :, �� B2 b � , Al2 r ✓4\ '� ;. PD'H 1; r• o 'a AG2,-- :'40000 01 I1 • .: .� •' • • " li,•,;f) -- 0 B2 / ,D••• 1;1\4 �� 0 „• -...AG2 $4. '. P�D,H1�,,. AG1�R5D4/.,,,-, >>' i.,0 L 11/ A (1)-/;\' ' PDH1� • P-ztil• --,, .�:. A' e . , . -0 . R9 • 'vim.• � 7. 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Property Polygons Portion of Corporate Landing Business Park S \ Zoning Building — Feet 0 215430 860 1,290 1,720 2,150 2,580 c Hu AK 1eA, ji )iT L i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant] VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC [Property Owners] Modification of Proffers to a Conditional Rezoning (Updating the Design Criteria of Corporate Landing Business Park) for the property located at Corporate Landing Business Park (GPINs 2415122650, 2415040770, 2415146859, 2415259170, 2415227788). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 7, 2021 in Background: The applicant seeks to update the Design Criteria for a portion of Corporate Landing Business Park (the Park). The Park was established in 1988 and updates to the Design Criteria was last completed in 1998. The proposed Design Criteria will be applicable to properties owned by the Virginia Beach Development Authority and FROB, LLC. The remainder of the Park will be subject to the current Design Criteria. • Considerations: Planning Commission concurs with Staff that the request to update the Design Criteria for the Park is acceptable. The current Design Criteria is outdated and no longer aligns with the development pattern that was originally envisioned for the Park. The new Design Criteria seek to ensure the Park remains relevant for current and future market opportunities; reduce redundancy and better align the document with current codes and requirements; consolidate multiple subsequent amendments into one user-friendly and attractive document; permit more flexibility with new and innovative materials and construction methods; and provide more guidance on light industrial and advanced manufacturing building types. 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 August 11, 2021, the Planning Commission Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 9-0. Virginia Beach Development Authority Page 2 of 2 ■ 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 0 City Manager: t4b ) /' Applicant Virginia Beach Development Authority Agenda Item 141VB Property Owners Virginia Beach Development Authority & FROB, LLC 8 Planning Commission Public Hearing August 11, 2021 Virginia Beach City Council Election District Princess Anne Request Modification of Proffers (Update to the Design Criteria) / Staff Recommendation T, sik,ralane Approval / 1 Staff Planner +f 1 Hoa N. Dao O,,m NKk Ros� � % j Location s " ' Portion of Corporate Landing Business Park fr 2415122650, 2415040770, 2415146859, °W,,,y� a A� •a°`c 2415259170, 2415227788 y � ,° 0e Site Size 0,,. . Approximately 189 acres 41 AICUZ 70-75 dB DNL, Greater than 75 dB DNL Watershed ', , -).->- lifil:-iii-XII Southern Rivers Existing Land Use and Zoning District Office-warehouse,vacant parcels in Corporate Landing Business Park/ B-2 Community r' , Business, I-1 Light Industrial Surrounding Land Uses and Zoning Districts ', , 4' North Dam Neck Road , a'• 6 1 Public schools /AG-1 Agricultural ' ' 5 South %": N General Booth Boulevard - -, Single-family dwellings, offices, mixed retail / R- e 7.5 & R-10 Residential, 0-2 Office, B-2 .1 Community Business East Single-family dwellings, cultivated field/R-5D Residential, AG-1 Agricultural West . Corporate Landing Parkway Woods, single-family dwellings/ PD-H1 Planned Unit Development Virginia Beach Development Authority Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is seeking a Modification of Proffers to update the Design Criteria for a portion of Corporate Landing Business Park (the Park). The Park property was rezoned in 1988 and the Design Criteria was adopted in 1990 with an addendum added in 1998. • Letters were mailed to property owners within the Park to allow them an opportunity to be a party to this application. One property owner, FROB, LLC, accepted. • The new Design Criteria seek to: o Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities; o Reduce redundancy and better align the document with current codes and requirements; o Consolidate multiple subsequent amendments into one user-friendly and attractive document; o Permit more flexibility with new and innovative materials and construction methods; and o Provide more guidance on light industrial and advanced manufacturing building types. i."#Ar' Zoning History y-rr' ►�47 '' # Request . F�1 .�i� s 3"-a 1 CRZ(Conditional B-2 to Conditional I-1)Approved .I 10. ; V1� is,;. •4: 7.t 03/19/2019 ' jii MOD(Proffers)Approved 06/25/1996 / \ /,% �,'/ MOD(Proffers)Approved 11/09/1993 �/ •�� `,r ibE2: ::ed IIIII z. 2 "a*A+�® - �.; /� e . 3 MOD/ A roved 03 17 2015 • -- 1.� ram ' 4A, / !4 (Proffers)Approved / / w� '�.'' : -.." '..g 4 MOD(Proffers)Approved 09/14/2004 ,` f' , ' • `- CRZ(AG-2 to Conditional B 2 Approved 01/25/1994 '6 1 ''< 5 CRZ(I-1 to Conditional B-2)Approved 11/09/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The request to update the Design Criteria for Corporate Landing Business Park, in Staff's opinion, is acceptable. The current Design Criteria is outdated and no longer aligns with the development pattern that was originally envisioned for the Park. Other parcels within the Park were informed of the request to update the Design Criteria and opted not to be included with this request.These properties will continue to be subject to the existing Design Criteria that was adopted in 1990 and amended in 1998. Virginia Beach Development Authority Agenda Item 8 Page 2 Overall,the new Design Criteria reduce requirements for setbacks, parking, building materials, and landscape screening, while maintaining guidelines to remain an attractive "park-like" setting. CURRENT DESIGN CRITERIA UPDATED DESIGN CRITERIA SETBACKS: Adjacent to Dam Neck Road 100 ft. 50 ft. Adjacent to Residential 75 ft. 50 ft. Neighborhoods Adjacent to General Booth Blvd. 75 ft. 30 ft. Adjacent to Corporate Landing 50 ft. 25 ft. Parkway Other Public Streets 50 ft. 20 ft. Side & Rear Property Line 15 ft. 15 ft. Between Parking Lots and Buildings 10 ft. 10 ft. 10 ft. (excluding sidewalks) PARKING: • One parking space for each 250 • Off-street parking must conform square feet of gross floor area to Section 203 of the Zoning used for offices. Ordinance as amended. • One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift,whichever is greater. • One parking space for each 200 square feet of gross floor area for commercial/retail. • One and one-half parking spaces per hotel room. • The width of parking lot drive aisles shall be a minimum of 24 feet. BUILDING MATERIALS: • Recommend architectural • Recommend architectural materials are glass,granite, pre- materials are glass, granite, cast concrete, and brick. concrete, brick, and metal. • Bright overall colors shall not be • Bright overall colors shall not be permitted. permitted. However, bright colors are encouraged to enhance focal points and serve as accents. LANDSCAPE: • The developer of the individual • Sod rather than seeding is sites shall provide a continuous required within 50'of all evergreen and/or low berm buildings; all adjoining roads shall screen along any side of a parking have sod along the entire property line from the road edge Virginia Beach Development Authority Agenda Item 8 Page 3 lot that abuts a public street to the parking lot edge.The right-of-way. minimum width of sod along • The developer of any site that road edges where there is no abuts a storm water retention parking lot shall be 30'.All other lake or canal shall provide a lawn areas not receiving sod may landscape buffer(minimum be seeded. width 15 feet) between said lake • All site entry drives shall be well and/or canal and any proposed landscaped with a combination parking lot. This buffer shall be of shade trees,flowering trees, planted with a mixture of and flower beds, deciduous and evergreen plant materials. As the proposed revision to the Design Criteria will simplify the review process for developments within the Park to one cohesive document and align with current codes and regulations,Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"(§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A,the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers,which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Except for permanent facility construction,exterior storage shall be prohibited. Proffer 5: Fencing on the Property,other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material,color, location, coupled plantings and overall impact. Proffer 6: Temporary facilities,other than construction related facilities,shall not be permitted within the front yards and when located in the rear yards,shall be removed immediately upon completion of the permanent facility. Virginia Beach Development Authority Agenda Item 8 Page 4 Proffer 7: All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft.that matches the materials used on the building. Dumpsters shall also be gated. The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8: Those uses permitted in I-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 50 ft. c) Adjacent to General Booth Blvd. 30 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings 10 ft. (excluding sidewalks) Proffer 10: The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11: The Corporate Landing Business Park Design Criteria, dated July 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA, grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments: The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. 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. Virginia Beach Development Authority Agenda Item 8 Page 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein,the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical,financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers,freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. Virginia Beach Development Authority Agenda Item 8 Page 6 MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical,financial, nonprofit, professional,and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses(no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools,colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries,confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios,offices,and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii)a minimum of three(3)off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists,gift shops and stationery stores. 10. Service and repair services for business machines,sign shops and other small service businesses. 11. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000)square feet. Virginia Beach Development Authority Agenda Item 8 Page 7 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. 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. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air- conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width,yard spacing,floor area ration, and coverage: R & D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage (excluding outside plaza and gathering 75% 60% 75% areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' - 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets (excluding access drives& parking 25' 25' 25' lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Virginia Beach Development Authority Agenda Item 8 Page 8 Minimum Yard Setback Adjacent to Side Property Lines (excluding common drive 15' 15' 15' aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots& Buildings (excluding sidewalks) 20' 20' 0' 4. The maximum building height for the various use classifications located within the property are as follows. A. R&D: 35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300' of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2: 35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements:The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however, such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum) Virginia Beach Development Authority Agenda Item 8 Page 9 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known cultural resources on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, July 25, 2021 and August 1, 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 July 26, 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 August 5, 2021. Virginia Beach Development Authority Agenda Item 8 Page 10 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 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 23, 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-cou ncil/Documents/BookmarkedAgenda.pdf on September 3, 2021. Virginia Beach Development Authority Agenda Item 8 Page 11 Site Photos • • y„ , ter - •. tea. p z . +see" ff.'Y. 5"`" :-ram a ram. L _ •mil*4� - � €t: ;~' • • �Sa A',y. '> .;:? , Virginia Beach Development Authority Agenda Item 8 Page 12 Updated Design Criteria �rw k k. CORPORATE t'.. LANDING .- ;. le, r BUSINESSu�, PARK t, . ' lar' — - ' '''AV". . i t'' ''... iii , . , ip ....„_.„T._, _____ ______ VI 1';- ._ir-a;___ -......:_-____-- _ - -.4". -_-? iir. CORPORATE LANDING BUSINESS PARK DESIGN CRITERIA JULY 2021 r� VIRGINIA BEACH ' Virginia Beach Development Authority Agenda Item 8 Page 13 Updated Design Criteria M { a • t, i alle fj >< ilt 1► -- r ,N • - ' • On April 24, 1990, Oty of Virginia Beach Economic Development Director Andy Burke, Mayor Meyera Oberndorf and Virginia Beach DevelopmentAuthority Chairman Van Cunningham turned the first shovels of dirt,officially signaling the beginning of the development at Corporate Landing. Virginia Beach Development Authority Agenda Item 8 Page 14 Updated Design Criteria CONTENTS ARTICLE I:BACKGROUND AND PURPOSE 5 ARTICLE IV:SIGNAGE CRITERIA 17 1.1 CORPORATE LANDING BACKGROUND 4.1 SIGNAGE REQUIREMENTS 1.2 DESIGN CRITERIA PURPOSE 4.2 SIGNAGE APPROVAL BY VBDA 1.3 BUSINESS PARK MAP 4.3 TEMPORARY SIGNAGE 1.4 LAND USES ARTICLEV:REVIEW BY THE VBDA 19 1.5 IMPROVEMENTS PROVIDED BY THE VBDA 5.1IN1RODUCTION ARTICLE II:SITE CRITERIA 9 5.2 DEVELOPMENT PROCEDURES 2.1 APPLICABLE CODES 5.3 SUBMITTAL REQUIREMENTS 2.2 SETBACKS AND COVERAGE 5.4 SCHEMATIC DESIGNS 2.3 GRADING AND DRAINAGE 5.5 CONSTRUCTION DOCUMENTS FOR 2.4 PARKING SETBACKS FINAL REVIEW 2.5 PARKING REQUIREMENTS 5.6 BASIS OF APPROVAL 2.6 LOADING AND REFUSE 5.7 REVIEW COMMITTEE 2.7 EXTERIOR STORAGE 5.8 REVIEW TIME 2.8 FENCING 5.9 PUBLIC APPROVALS 2.9 UTILITIES 2.10 NON-MOTORIZED CIRCULATION 2.11 PLANTING 2.12 LIGHTING ARTICLE III:BUILDING CRITERIA 15 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS 1 Virginia Beach Development Authority Agenda Item 8 Page 15 Updated Design Criteria Figure 1.1-Corporate Landing Business Pork 1994 a 1. ♦ . r. 1 ��1 C .� }c t ! - tir • "N ' 4,. hi• "7". •i. :" s l ,/ c . r • � •S. Figure 12-Corporate Landing BL_rsness Par: d t . %I. pit, - f 111 itiosisprIP A .... . . -- ..,_ , .,„ 3': rr tt, r s' Virginia Beach Development Authority Agenda Item 8 Page 16 Updated Design Criteria ARTICLE I: BACKGROUND AND PURPOSE 1.1 CORPORATE LANDING BACKGROUND It is the intent of the Virginia Beach Development Corporate Landing Business Park (the Park) was Authority (VBDA) to continue to encourage the established in 1990 as a planned multi-faceted business construction of attractive quality environs through the park encompassing approximately 325 acres of land. updated design criteria herein. The Park is strategically located five miles from 1-264 on the southwestern side of Naval Air Station Oceana, between General Booth Boulevard and Dam Neck Road. It has a campus-like setting with high quality buildings integrated into a naturally landscaped environment. Corporate Landing Business Park has become the home to a variety of major regional corporate headquarters, including GEICO,Groundworks, and Lockheed Martin. Additionally, in 2018, a cable landing station was established to support ultra-high speed transatlantic -: -. f` fiber optic telecommunication cables.The cable landing station in Corporate Landing provides high capacity, .. reliable connectivity options to carriers, data centers and colocation facility operators. Figure 1.3-Corporate Landing Business Pork Fountain 1.2 DESIGN CRITERIA PURPOSE The purpose of the design criteria is to provide guidance on land use, site design, building design, landscaping, and signage to ensure a unified, qualitative park T '. environment. ` The design criteria have ensured that Corporate Landing .r ; ' �r has developed and maintained an attractive"park-like" :'t* • .i r• setting. Minor modifications have been made to the '; '� t"'—.,`I design criteria on several occasions over the past thirty _ ___ _ _.. years but have never been substantially updated. This Figure 1.4 GEICO Regional Headquarters update is needed to: A. Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities, B. Reduce redundancy and better align the document with current codes and requirements C. Consolidate multiple subsequent amendments into PIM" one user-friendly and attractive document r D. Permit more flexibility with new and innovative materials and construction methods E. Provide more guidance on light industrial and advanced manufacturing building types Figure 1.5-New Realm Brewery Regional Headquarters 111---- -- Virginia Beach Development Authority Agenda Item 8 Page 17 Updated Design Criteria 1.3 BUSINESS PARK MAP Available property in the Park is rated Tier VI shovel ready by the Virginia Economic Development Partnership. Dam Neck Road - . L ;im 1T1. �r o,z \ C °y Cl Central Plazo Drive C¢�� ao '�i 00, Source Near, I‘ Legend `� , 0 800 Feet Corporate Landing Business Park Limits -" sVhb VBDA Owned Property Jurisdictional Lake/Stormwater Pond Virginia Beach Development Authority Agenda Item 8 Page 18 Updated Design Criteria 1.4 LAND USES The majority of the property in Corporate Landing Development Authority will reserve a50-foot strip of Business Park is zoned I-1 Light Industrial District and land for a future landscape screen.Property owners one property is zoned B-2 Community Business District within the park shall be responsible for maintaining per the Virginia Beach Zoning Ordinance as amended. the landscape screen entire length of property. Maintenance shall consist of mowing, weeding, The allowable uses in I-1 and B-2 zoning are permitted fertilizing and watering of all trees, shrubs and in the Park. Uses requiring a Conditional Use Permit lawn area to maintain healthy plant life. shall seek approval from City Council. The Virginia Beach Development Authority (VBDA), maintains the right to approve the property's use. 1.5 IMPROVEMENTS PROVIDED BY THE VBDA The Corporate Landing Business Park offers the following site improvements provided by Virginia Beach �ies 'r ; •` Development Authority: 7, • A. Shovel Ready: Available Park properties are rated �w `�'• ' Tier VI shovel ready by the Virginia Economic • Development Partnership. CORPORATE LANDING B. Conduit:The Park offers 2.1 miles of conduit system on Corporate Landing Parkway. It consists of 2 x 8 • '+ i,.;kk (16)4"conduits which include(3)1.25"innerducts I { located in each conduit. - -- ' C. Data Center Certified:The Park is Dominion Energy- certified for data centers. ' D. Roadways: Perimeter Parkway, Craft Lane and Corporate Landing Parkway. Figure 1.6-Cor o otr I a',11,o Pcrl E. Utilities: Water, electricity, sanitary sewer and conduit shall be provided to within the right-of- way or within an easement adjacent to the right of way.Connections to these major lines will be the }' `:.t `f • "a"'- 4 responsibility of the site purchases F. Signs: The VBDA provides entry signs for the Park J' and all signage within the public rights-of-ways. G. Landscaping:Landscaping of the common areas at the park's entrances with irrigation are provided. H. Residential Screening: The Development Authority -. will provide appropriate plantings in the 50-foot - setbacks required adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7-Existing Landscape Screen on Dam Neck Rood neighborhoods. Where the park abuts property not currently developed for residential use, the ■ Virginia Beach Development Authority Agenda Item 8 Page 19 Updated Design Criteria Dam Neck Rd >' i� _ q r �� '- ' \,, .,,-._.----- -,..,...7,49 4, 4 i • _. . ',.. . k 4{ f \� // r \��(• a / / is . i 4 7 °.„k.s`,A ' %coe Figure 1.8-Existing Conduit Route in the Pork The Park offers 2.1 miles of conduit system consisting of 2 x 8(16) 4" conduits which include(3) 1.25" innerducts located in each conduit. Virginia Beach Development Authority Agenda Item 8 Page 20 Updated Design Criteria ARTICLE II: SITE CRITERIA 2.1 APPLICABLE CODES for Corporate Landing and each individual site A. Development of VBDA owned property within drainage plans per the applicable codes. Corporate Landing is governed by the following 2.4 PARKING SETBACKS requirements and restrictions of but not limited to: The following chart lists the minimum parking lot 1. The recorded Zoning Proffers of the VBDA setback requirements in the Corporate Landing 2. The City of Virginia Beach Public Works Design Business Park. Standards Manual, as amended,and Minimum Parking Lot Setback Requirements 3. The City of Virginia Beach Zoning and Subdivision Dam Neck Road 50 Feet ordinances, as amended. Adjacent to Residential 50 Feet Neighborhoods B. It is the responsibility of the individual site General Booth Boulevard 30 Feet developer to verify and conform with all requirements of governing agencies and obtain Corporate Landing Parkway 25 Feet and maintain all necessary permits during the Other Public Streets 20 Feet development of the property. Side&Rear Property Line 15 Feet Between Parking Lots and 10 Feet Buildings(excluding sidewalks) 2.2 SETBACKS AND COVERAGE The following chart lists the site requirements, beyond 2.5 PARKING REQUIREMENTS those required for 11 and B2 zoning, for minimum lot area,building setbacks,and coverage for the Corporate A. Off-street parking requirements must conform to landing Business Park. Section 203 of the Zoning Ordinance as amended. Site Requirements B. The City's parking requirements shall not relieve Minimum Lot Area 1.0 Acre the site owner or lessor of the responsibility of providing ample on-site parking for actual user Minimum Building Setback 50 Feet demands. Parking on access roads and dedicated Dam Neck Road streets shall be prohibited. Minimum Building Setback SO Feet Adjacent to Residential C. Parking lot landscape standards shall conform Neighborhoods to the City of Virginia Beach Landscape Guide as Maximum Building and Paved 65% amended. Area Coverage 2.6 LOADING AND REFUSE 2.3 GRADING AND DRAINAGE All loading docks and dumpster areas that are visible A. The site grading of each individual building site from the lake area or street right-of-ways shall be shall be done in a manner complimentary and screened with a wall a minimum of 8'tall that matches compatible with the adjacent sites. the materials used on the building. Dumpsters shall also be gated.The appearance of the screen wall shall B. The utilization of best land management and also be softened in its entirety with shrubs and trees. the stormwater management practices shall The extent of the screen wall and landscaping shall be be incorporated into the master drainage plan subject to VBDA approval,see figures 2.2 and 2.3. Virginia Beach Development Authority Agenda Item 8 Page 21 Updated Design Criteria 2.7 EXTERIOR STORAGE Except for permanent facility construction, exterior _ , ___ storage is not permitted in the Corporate Landing k - Business Park. Construction facilities and materials shall not be permitted within the front yards and when located in rear yards, shall be removed immediately - upon completion of the permanent facility. 2.8 FENCING ■ A. Fencing beyond screening is not permitted in the Park except for where it is necessary to the physical security of certain facilities or necessary to funnel Figure 2.1-Existing building and parking in the Pork visitors to designated entry points. B. Fencing should be limited to side and rear yards and coupled with planting.When fencing fronts any primary public roadways it should be located behind a landscape screen,making the plantings the most • visible feature from the street or adjacent parcels. Fencing in front yards should be decorative use ' 1. ' only and should not visually obstruct the building. - r f •r Durable, high quality materials are required for the k i` fencing that compliment the building materials. C. VBDA shall approve all proposed fences for material, color,location,coupled plantings and overall impact. Figure 22-Existing loading oreo screen in the Pork 2.9 UTILITIES A. All utility connections, including all electrical and fiber connections and installations of wires to buildings shall be made underground from the nearest available power source. During installation i,' • there shall be no open cuts in any street at any . ,}_:,,, time.No electric meter,gas meter or other meters of any type or other apparatus shall be located on - any power pole nor hung on the outside of any — building, but shall be placed at grade or within _ t the building served. If placed at grade outside the building such devices shall be screened with evergreen plants. _. , Figure 2.3-Existing dumpster screen.n the Park Virginia Beach Development Authority Agenda Item 8 Page 22 Updated Design Criteria B. All site utilities such as transformers, meters, cooling towers and heat pumps shall be screened in their entirety with evergreen shrubs. Minimum height of shrubs at installation shall be 3'to 4'with �'• • `• f BLDG. • spacing not to exceed 3'on center, see figures 2.4 .' '•• , and 2.5. `�►� :;...:...•;i:' . 2.10 NON-MOTORIZED CIRCULATION ►'• ‘i1I I ➢�1 ; Each developer or owner of a site shall construct public ''ar ` l�jl�lll �I' ' sidewalks and trails that pass through their property ;�2'•� ti10► 33.mui CH wnTi �� or properties per Figure 2.6 the Non-Motorized ..; SOL SEPARATOR Circulation Master Plan. • EVERGREEN SHRUB MASS mm AS REQUIRED BY THE UTUTY CO. Figure 2.4-Example transformer screening pion TRANSFORMER 10'MN. rinvitt. EVERGREEN SHRUB MASSING 3'TO 4'HEIGHT AT INSTALLATION Figure 2.5-Example transformer screening elevation Virginia Beach Development Authority Agenda Item 8 Page 23 Updated Design Criteria Figure 2.6- Non-Motorized Circulation Master Plan Dom Neck Road �_-- ._ y - afi \ 1-'- "I ____L—_— a 110/if ii* ,.rim,.-. a rr " t, x Ill -- ¶ 'TTi rx d Each developer or owner of a site o shall construct public sidewalks o and trails that pass through their property or properties per the Non-Motorized Circulation Master _ . Plan and in accordance with City of a Craft tm+e Virginia Beach Standards. 0J Central Plaza Drive 0 (° (Future) Sao ay P'P °°a T IMII Legend 800 Feet ` a % , _ Existing Multi-Use Paths �\JilL) — Future Multi-Use Paths �vI VVVV VBDA Owned Property 13 Virginia Beach Development Authority Agenda Item 8 Page 24 Updated Design Criteria 2.11 PLANTING SHADE TREE (TYPICAL) FLOWERING TREE !TYPICAL) A. Corporate Landing is intended to have a park �-.�,� Al*with a strong emphasis on the landscaped � �.,� ��' environment. This emphasis will provide an (1 ��j�` mo,tot t.4 ��,�� overall visual continuity throughout the park and '-� .r .1 4�� will serve as a backdrop for the development of �Ill�. �rll ,,, each individual site. Duringthe individual site { ;• 'O:' ►�/f, t!� development stage, the landscape architect ,�• j• ' e- i ��` shall give careful consideration and analysis to � liprespond to surrounding site components such I,/. ll1' 1as site context,open space, landmarks,views and �� ,.'�,�,t � vistas, streetscapes and the protection of existing +� �� i N� s�� vegetation. iC I I INF 1/1;, `, B. In addition to adherence to the City of Virginia >r� \ ,' �� ; 1*`t `} Beach Landscape Ordinance for plant species, / ; ,��e ;c �� parking lot and foundation landscaping, screening �ai ��.P• ,,e.&�`.J, and tree planting specification and standards, the �� •� 4..� following additional requirements shall apply to the MEDIAN EVERGREEN Corporate Landing Business Park: SHIMS MASSING 1. Protection of Existing Vegetation: Site Figure 2.7-Example D vtaed Entry Drive Planting Pan Note The landscape architect shall respond to all visibility developer, through sensitive grading and triangle requirements for intersections. drainage plans, shall save stands of natural vegetation 15'outside of all proposed building SHRUS walls and 5' outside of all paved areas. The MASSINGEN TO CURS building developer shall identify, "flag', and '. '.I %%. barricade up to the tree dripline such stands = i ��`�, �.�,, 1 prior to site clearing or grading operations. �• /��1� ��\ ��' Storage of materials or equipment shall --xu 44041 P i7,�� not be allowed within these barriers during ��: :1 �� construction and barriers shall not be removed �� until finish grading of sites has been completed. 1 T�. „ All City of Virginia Beach and State of Virginia i�\` ►, 4"�i~ Tree Protection Notes are applicable and shall •�,�/ ,i�L`f' be enforced. AV 4r►\ 2. Sod rather than seeding is required within 50' ,��*. IRV�l 1!of all buildings; all adjoining roads shall have )' i��. sod along the entire property line from the road (4A14 "I• /��— edge to the parking lot edge. The minimum ,/, �, '%� �:► '',l rdi width of sod along road edges where there is 4•��• %r.�4p. no parking lot shall be 30'.All other lawn areas •.NTINUOU$EVERGREEN HEDGE 30"Hi �t not receiving sod may be seeded. SPACED3'ONCENTERATINSTALLAT N Figure 2.8-Example Entry Drive Planting Plan Note: The landscape architect shall respond to all visibility triangle requirements for intersections. Virginia Beach Development Authority Agenda Item 8 Page 25 Updated Design Criteria 3. All site entry drives shall be well landscaped each case where this is applicable, the user with a combination of shade trees, flowering shall obtain approval from the VBDA at the trees,and flower beds,see figures 2.7 and 2.8. construction document approval stage. 4. All planting bed areas shall be covered with a D. Lighting in all parking lots, walkways, and 3"layer of shredded hardwood mulch. signage on buildings shall be LED.Lighting levels 5. All plant material,topsoil,mulch,fertilizers,etc. in parking lots shall be a minimum 0.5 foot shall be subject to VBDA approval. Rejected candles. Light spillage onto adjacent properties materials shall be removed from the site. and the right of way shall be minimized. 6. Street trees shall be placed along all roadways, E. Accent lighting of buildings, landscaping and within the right of way,which properties abut signage is encouraged. or adjoin.One tree shall be provided for every F. All lighting adjacent to residential areas will 35' of property line that adjoins or abuts the be placed in such a way to prevent glare or roadway. If applicable, existing street trees on overflow lighting into these areas. adjoining properties shall be located and shown G. Point-by-point photometric calculations with a on all landscape planting plans.The spacing of summary statistics table shall be submitted for all new required street trees shall tie into all project sites.Calculations shall include fixture existing trees, maintaining a maximum spacing schedules or details indicating all aesthetic, of 35' on center. electrical, and luminous characteristics of the 7. Shade trees and/or flowering trees shall be proposed lighting systems. provided in front of the buildings as approved by VBDA. 8. Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. 2.12 LIGHTING Corporate Landing Business Park has a uniform lighting • system for exterior lighting. Fixtures and poles shall be approved by the VBDA. The following lighting 4{ : requirements apply: ,i A. Parking light fixtures shall be a maximum height — • = .r,<�♦ '"�, of 30'. ;'.. S. 1 B. Low bollard fixtures or landscape lighting is '+f '" _•recommended for walks and building entries. ` C. The use of full cut-off fixtures for general illumination is required. Designs to meet Dark Sky compliance are encouraged. Building - • mounted floods will not be permitted, except Figure 2.9 Standard Park L a' in completely internalized service courts. In 111 Virginia Beach Development Authority Agenda Item 8 Page 26 Updated Design Criteria ARTICLE III: BUILDING CRITERIA 3.1 APPLICABLE CODES articulation such as cornices, expression of A. Buildings within Corporate Landing are governed by structural or architectural bays, recessed the following requirements and restrictions but not windows or doors,material or material module limited to: changes, color and/or texture differences. Continuity of design is encouraged on the side 1. The Virginia Uniform Statewide Building Code and rear faces.Flat,monolithic or unarticulated (USBC), facades are discouraged. 2. The recorded Zoning Proffers of the VBDA, 3. For large buildings, varying horizontal and 3. TheCityofVirginiaBeachZoningandSubdivision vertical elements should be employed to help ordinances, as amended,and organize the building mass. In addition to 4. The City of Virginia Beach Public Works Design material changes, breaking the footprint of a Standards Manual, as amended, large building into smaller parts and varying a B. It is the responsibility of the individual site building's height and facade design can reduce developer to verify and conform with all the appearance of blank walls. requirements of governing agencies and obtain and maintain all necessary permits during the 3.3 BUILDING MATERIALS AND COLOR development of the property. A. Exterior building materials shall be of types 3.2 BUILDING DESIGN AND ORIENTATION that are durable and permanent in quality and appearance. Exterior finishes should require A. Corporate Landingoffersthehighestqualityofdesign little or no maintenance. Colors, materials, and and creativity in the Park's building construction. finishes are to be coordinated in a consistent manner In order to ensure the development of a harmonious on all elevations. Recommended architectural corporate environment, the following design materials include glass, granite, concrete, brick parameters have been established: and metal.Additional building facade requirements include: 1. The building concept for the Park is to set buildings in a landscaped environment that 1. The use of metal panels for light industrial maintains an aesthetic continuity throughout. facilities is acceptable as long as the front face(s) Each designer is encouraged to express and main entry of the building includes at least individuality and creativity while blending his one additional complimentary material and the or her design into the site's surrounding metal on the side and rear is layered and varied. context. The general design context should 2. Glazing shall be reflective enough to prevent reflect a high quality, modern, corporate vision from the exterior to the inside during image. Colonial or historical designs shall not daylight hours. Reflective glazing shall have a be permitted. All designs are subject to the shading coefficient of.20 to.30. VBDA's approval. It is intended that the basic harmony of the Park's architecture shall prevail 3. All roof-top mechanical equipment, shall be so that no building shall detract from the enclosed or screened by opaque glass, metal attractiveness of the overall environment. or masonry, so as to be an integral part of the architectural design and not visible from 2. Buildings should be oriented toward the public adjacent public streets. street and the front face(s), at a minimum, should incorporate higher levels of architectural Virginia Beach Development Authority Agenda Item 8 Page 27 Updated Design Criteria 4. Exposed louvers, similar metal panel inserts, or penthouse enclosures are to be painted to match the predominant color on the building. S. In order to maintain aesthetic continuity within the Park, bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents,such as main entrances and shall be as approved by the VBDA. f t _ 111 g Figure 3.1-Light Industrial Building in Loveland,CO Figure 3.3-Existing Corporate Landing business with occent Large building with varying horizontal and vertical elements, colors and enhanced main entry unifying materials and enhanced facade articulation at the main entry. Image Source:Danny Dodge 4. E tt a„ ;� b '. Figure 3.2-Warehouse/Assembly Building in Toccoa,GA Figure 3.4-Side and rear face continuity of existing multistory Multiple complimentary materials and architectural accents are Corporate Landing office building required for the front face(s)and main entry of large facilities Image Source:Kirby Building Systems,LLC s - Virginia Beach Development Authority Agenda Item 8 Page 28 Updated Design Criteria ARTICLE IV: SIGNAGE CRITERIA 4.1 SIGNAGE REQUIREMENTS C. Maintenance of all signs shall be required by all All signage in the Corporate landing Business Park tenant/owners. Signs shall be kept cleaned and must comply with the Sign Regulations of City of painted as required to maintain the state of quality Virginia Beach Zoning Ordinance as amended. that existed at the time of installation In addition, the following sign regulations apply: 4.3 TEMPORARY SIGNAGE A. Menu board type signs shall not be permitted. A. No temporary signs will be permitted except as B. Plastic letters shall not be permitted for building described below(see figure 4.2). mounted signs. 1. Temporary construction signs shall be permitted C. The size,location on the facade,color and finish during the construction of the permanent of the letters or logo shall be compatible with facility and shall be removed upon issuance the building architecture. of the Certificate of Occupancy by the City of D. Care shall be taken to conceal all conduits, Virginia Beach. raceways and transformers from all signage 2. All temporary signs shall be ground mounted. so that they are not be visible under any circumstances. 3. One project construction sign shall be permitted and shall be located parallel to the E. Street names on the building are not permitted. street and shall include only:the Building Name; Numbered addresses shall not be backlit. Developer; Architect; Landscape Architect; F. In multi-tenant buildings where storefront Consulting Engineers; General Contractor; entrances are used, sign information shall be Major Tenants;and Lending Institution limited to company name, company logo, and 4. No subcontractor signs shall be permitted. suite number(see figure 4.1). The temporary construction sign outlined above shall be a maximum of ten (10) feet high and 4.2 SIGNAGE APPROVAL BY VBDA located within the property line and adjacent A. Final design of all building signage shall be as to the construction trailer. approved by the VBDA. Proposed signage shall be 5. No construction signs will be permitted off site submitted with the construction details for each 6. One real estate sign shall be permitted per building prior to their submission to the City of building and shall be allowed for six months. Virginia Beach.The sign submittal must include: Following this period, additional approval shall be obtained from the VBDA. 1. Sign elevation, 2. Site plan with location of proposed signage, 3. Shop drawings outlining construction details and lighting,and 4. Planting plan for area surrounding signage. B. Violation and/or non-compliance with the above procedures will allow the VBDA to remove the non-conforming sign at the expense of the owner/ tenant. Virginia Beach Development Authority Agenda Item 8 Page 29 Updated Design Criteria I f 1 �'`25% CLEAR MN. <I I I I ---50% COPY AREA Mq)(. '-L—T'-- ---r---T--1-f --25% CLEAR MIN. -L-ll--- L- ---- ----f fi I--) j_...----- -------i i [ 1 it l -1_ _-- Figure 4.1-Single Tenant Sign On A Building The above drawing is an example illustration of the placement of a single tenant name. NOTES: f r_v I. 1)Front and back of plywood sign face and wood to be painted. 2)Signs can be rotated as desired. I—4* w r . BUILDING NAME -- --- 3/4"TREATED PLYWDCX3 - LOGO,ETC. EDGE OF r-vnUx. / COPY DEVELOPERS Y 9 NAME,LOGO,ETC. o 4 �- J r O eo ARO-TECT / REALTORS NAME LL LANDSCAPE ARC} TECT ', e LOGO,ETC ~ CONSLATNG ENGINEER xx CENERAL CONTRACTOR 11 > MAJOR TENANTS q LFNANCIAL NSTITUTIONJ ff r, 4'INT. o• —`—r—, -, t. ' L,-, r—r I 4" X 4" TREATED WDCD FOSS. 4"TREATED YARD SLATS RXTTING AS REUJIRED-TYPICAL 'WALLY SPA®TO GRCUND TEMPORARY SIGN REALTOR SIGN Figure 4.2-Temporary and Realtor Signage B- _ Virginia Beach Development Authority Agenda Item 8 Page 30 Updated Design Criteria ARTICLE V: REVIEW BY THE VBDA 5.1 INTRODUCTION 1. Schematic Design and A. Corporate Landing is governed by a series of 2. Construction Documents recorded covenants which are available upon B. Final approved City of Virginia Beach site plan request by any developer or owner interested documents shall be submitted to the VBDA before in Corporate Landing. These covenants and construction begins. restrictions are in place to ensure the proper and most appropriate development of the Park through the implementation of uniform standards. 5.4 SCHEMATIC DESIGNS Furthermore, all pertinent requirements of public At schematic/preliminary review,the following material agencies shall be followed in the development shall be submitted: of this property and all plans for development of a specific site shall be approved by the VBDA and A. Site Plan at a minimum scale of 1"=40'-0" approved by the City of Virginia Beach and public B. Site coverage ratio:building and paving agencies having jurisdiction. C. Building location, overall dimensions, height, B. The requirements contained in this criteria do finish floor elevations setback lines not preclude the potential of later modifications. Each buyer shall be responsible for verification of D. Site circulation all code requirements at the time of purchase and E. Site signage location development. F. Anticipated stormwater management practices G. Amount and location of employee and guest 5.2 DEVELOPMENT PROCEDURES parking A. Prior to commencement of the development of any H. Location of any loading and trash collection project design, the project owner and the design areas professionals are required to participate in an I. Location of walks and driveways introduction to Corporate Landing Design Criteria with VBDA's design representative. J. Building floor plans at a minimum scale of 1/8"=1'-0" B. Prior to the commencement of any site improvements such as construction or alteration K. Elevations(1/8"=1'0"or 1/16"=1'-0")in color of buildings,enclosures, paving,grading, drainage, or with color samples or any other permanent improvements on any L. Perspective rendering site,the owner, leasee or occupant of any site M. Building materials specification list shall first submit Plans and Specifications for such N. Location and size of all exterior mechanical and improvements to the VBDA for its written approval. electrical equipment both at grade and/or on the roof. 5.3 SUBMITTAL REQUIREMENTS O. Preliminary review shall be concerned with A. Three (3) complete sets of plans shall be building materials, colors and finishes, submitted for each review. Three (3) sets shall architectural treatment and rooflines. be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: Virginia Beach Development Authority Agenda Item 8 Page 31 Updated Design Criteria 5.5 CONSTRUCTION DOCUMENTS FOR FINAL D. After approval of the contract documents by the REVIEW VBDA, any change in exterior materials or exterior colors during construction, shall be approved A. The following completed construction document by the VBDA prior to ordering of materials. material shall be submitted for final review: 1. Building construction drawings indicating 5.7 REVIEW COMMITTEE all exterior finishes, colors and proposed screening of roof top equipment. Actual size The Review Committee shall be composed of the of equipment shall be indicated behind screen. VBDA's Department of Economic Development arm; The previously submitted colored elevations the VBDA's architectural, engineering, and landscape and the exterior building material sample board architectural consultants,which herein afterward shall which were submitted for preliminary review be referred to as"the Staff." shall be resubmitted again with the construction A. Staff shall be entitled to approve minor variations drawings. to those portions of the Design Criteria not 2. Full civil site plan and utility packages, at a encompassed by the zoning proffers of record minimum scale of 1"=25'-0". affecting the property. 3. Full landscape design package, at a minimum B. The VBDA shall receive comments and scale of 1"-25'-0". recommendations from the Staff as to whether 4. Full site lighting, signage and any loading area the plans submitted should be approved or and trash collection area construction details. rejected. B. Approval of plans must be given by the VBDA prior C. When questions of judgment or interpretation to commencement of any construction. arise, the decision of the VBDA is final and binding on all parties. D. Any revisions,additions, or alterations to any 5.6 BASIS OF APPROVAL portion of approved plans shall be subject to A. Review and approval will be based on standards set review and approval. forth in the Declaration and the Design Criteria. E. Neither Corporate Landing or the VBDA or Plans will be reviewed not only for the quality its successors or assigns shall be liable in of the specific proposal, but also the project's damages to anyone submitting plans to them effect and impact on its neighbors and on the for approval, or to any owner or occupant general park character. Evaluation will be made of of land affected by this Declaration, by spatial relationships among and between buildings reason of mistaken judgment negligence or and other surrounding elements.Careful concern misfeasance arising out of or in connection will be given to location and treatment of utility with the approval or disapproval or failure and service facilities with the intent of minimizing to approve any such plans. Every person, detrimental visual and environmental impact. corporation, partnership,or organization who B. Site ingress and egress shall be reviewed for efficient submits plans to the VBDA or Declarator for flow of traffic within the site and on abutting streets. approval agrees, by the submission of such plans, and every owner or occupant of any of C. If plans and specifications are not sufficiently the property agrees by acquiring title thereto complete or are otherwise inadequate, the VBDA or an interest therein, that he, she or shall reject them as being inadequate.Approval of it will not bring any action, proceeding or suit design will be good for a one(1)year period,after against the VBDA or Declarator to recover any which time, if construction has not started the such damages. building developer will be required to resubmit. Virginia Beach Development Authority Agenda Item 8 Page 32 Updated Design Criteria 5.8 REVIEW TIME The VBDA shall receive proposals for review, a minimum of fourteen (14) days prior to the second Tuesday of each month.The review comments shall be available from the VBDA office within two weeks of that second Tuesday. 5.9 PUBLIC APPROVALS A. The Applicant is responsible for complying with all applicable requirements of public agencies in the development of site(s) within Corporate Landing and shall make separate submittals to City of Virginia Beach review agencies. The Applicant may make concurrent submittals to both the VBDA and the City. B. Although based on local zoning and subdivision regulations, the Corporate Landing Design Criteria may be more restrictive in land use,site development standards, landscape requirements, or in other matters. In every case in which these criteria are at variance with public agency requirements,the more restrictive regulations shall govern. In the event of any inconsistency between the Deed and the Design Criteria, the provisions of the Deed shall control. C. The property owner is solely responsible for complying with all aspects of the Design Criteria, as well as all applicable codes and regulations. No variance from any aspect of the Design Criteria will be permitted unless approved in writing by the VBDA. If non-compliance to the Design Criteria is discovered during or after construction, it shall be the sole responsibility of the property owner to rectify all non-complying conditions at his or her expense to the satisfaction of the VBDA. Virginia Beach Development Authority Agenda Item 8 Page 33 Disclosure Statement Disclosure Statement Chu of Virg..Bad' 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 Virginia Beach Development Authority Does the applicant have a representative? I Yes 0 No • If yes,list the name of the representative. VHB,John D.Hines Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes U No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "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 1 Virginia Beach Development Authority Agenda Item 8 Page 34 Disclosure Statement Disclosure Statement \13 City of Virginal B•ai: Nanning&Community _-.�^ Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes El No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•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 applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes S 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?D 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. Revised 11 09 2020 2 I Virginia Beach Development Authority Agenda Item 8 Page 35 Disclosure Statement Disclosure Statement 1/13 14. 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. VHB, John. D. Hines 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. hLftL.LA. Applinnt 4mature ,l i V SCt vt Y ok c C ll.�l V i�'( (6�a Be_6-01\ yvvievft /1\ua vl0(rt�J Print Name and Title r ��f t �Ga 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 ® No ch•ryu as of la 08.18.2021 sl°"°'° Mat"'rra Hoa N. Dao 31Ps e Virginia Beach Development Authority Agenda Item 8 Page 36 Disclosure Statement Disclosure StatementNif3 Planning&Community Development Owner Disclosure Q I ( f Owner Name 1( t lCt €Ct, (L ,X11t`O1).l'Ae UAtO( t Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 0 No • If yes,I st 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 City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? 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 5 I P a g e Virginia Beach Development Authority • Agenda Item 8 Page 37 Disclosure Statement Disclosure Statement t.,cr t VIN•a:Nwd 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 • '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?❑Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provideo in connection with the subject of the application or any business operating or to be operated on the property?al,Yes Q,No • If yes,identify the firmand 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. 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?ii Yes D No • If yes,identify the firm and individual providing the service. t John D. Hines 61Pagt Virginia Beach Development Authority Agenda Item 8 Page 38 Disclosure Statement Disclosure Statement Nil3 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑ No • If yes,Identify the firm and Individual providing legal the service. Owner Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,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. rkpia'I n Owner Signature L M air ph CII1a1ir VIrgiv ka.Be(-6\* teve,l vt cit :: ; me a Title 1 It r( I o9 l t I Revised 21.09.2020 7 I P a g e Virginia Beach Development Authority Agenda Item 8 Page 39 Disclosure Statement • • • _ _ • \17 Ownerpisc(osure Owner Name /ADA L t_4- Applicant Name /9o0M: If%otiO•hv AAV FRAov e,% GA�a L/c e Is the Owner a corporation,partnership,firm,business,test or an.nincorporated business?L7 TCS ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below.(Attach a fast if necessatyl Ate",ce7 L5u;LL.t /7vILli • 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 at the City of Virglnla B,,e/a�h have an Interest hi the stiller,land or any proposed development mntingent on the subject public action?0 Yet l No • if yes,what is the name of the olicla I or employee and what Is the nature of the Merest? "Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than SD percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code 3 2.2-3101. "Afiiiated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest to the other business entity,(h)a controlling owner in one entity Is also a mntro;ling owner in the other entity,or(III)there Is shared management or control between the business entities.Factors that should be corslderec In determining the existence of an affdated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are Common or commksgied 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 a othm ice a close working relationship between the entitles'See State and Local Government Confdct of Interests Act,Va. Code 3 2.2-3101. Revised 1J.09.2020 S i n a g e Virginia Beach Development Authority Agenda Item 8 Page 40 Disclosure Statement •J Owner Services Oisc(osure 1. Does the Owner have any existing financing(mortgage,deeds of trust cross"ooflateraliution,etc)or are they caudering any financing in sonnedion with the subjec of the application or any business operating or to be operated on the property? ❑Yes It No • If yes,Identify the f nanrlal institutions providing the service. 2. Does the Own r have a real estate broker/agent/realtor for anent and anticipated future sales of the subect property? ❑Yes Oil No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tan return proydeQ In connection with the subject of the application or any business operating or to be operated on the property?0 Yes r No • If yes,identify the lira and individual providing the service. d. Does the Owner have services from an architect/landscape architect/land planner provided connection with the subject of the application or any business operating or to be operated on the property?El NO • If yes,Identify the firm and Individual providing the service. ,.fJ 5. Is there any other pending or proposed purchaser of the subiect property?❑Yes L7 No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractto/In con necton with the subject of the application or any business operating or to be operated on the property?❑Yes CJ NO • If yes,Identify the company end Individual providing the service. 7. Ooes 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 NJ No • If yes,Identify the firm and individual providing the service. Revised 11.09.2020 6 j e a g e Virginia Beach Development Authority Agenda Item 8 Page 41 Disclosure Statement + a z+ { T 1 • 8. Is the Owner receiving legal services In ccoinnectlon with the subject of the application or any bull less operating or to be operated on the property?0 Yes LJ No • K yes,identify the firm and Individual providing legs the service. Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is conpiete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for pn blIc hearing,I am responsible for updating the leforruatlon provided herein two weela prior to the meeting of Pluming CommbsIon,City Coendl,VBDA,CIPA,Wetlands Board or any pebbbflcc body or committee In connection with this application. Owner Signature R0$(4: /Q,'va 00t' , /a7Or/►46t1 fi N, L 4 Print Name and Title bate Revised 11.09-2020 7 i P a g e Virginia Beach Development Authority Agenda Item 8 Page 42 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 Agenda Item 8 Page 43 4 `. 6•L r CITY OF VIRGINIA BEACH ' „ � �r�� INTER-OFFICE CORRESPONDENCE OF OUR 0I.10OMS In Reply Refer To Our File No. DF-10679 DATE: August 27, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils. 1V DEPT: City Attorney RE: Conditional Zoning Application; City of Virginia Beach Development Authority and FROB, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 7, 2021. I have reviewed the subject proffer agreement, dated July 16, 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: Debra Bryan Prepared by: Office of the City Attorney CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia AND FROB, 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 16th day of July, 2021, by and between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, and FROB, LLC, a Virginia limited liability company (collectively referred to herein as "Applicants", and for indexing purposes, "GRANTORS"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (referred to herein as "City", and for indexing purposes, the "GRANTEE"). WITNESSETH: WHEREAS, the Applicants own property located in the Beach District of the City of Virginia Beach, containing approximately 190.25 acres located in the Corporate Landing Business Park ("Corporate Landing"), as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, and hereinafter referred to as the "Property". Said Property being further identified and designated by the parcel identification numbers included on said Exhibit A; and WHEREAS, the Property is subject those certain restrictions and proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2845, at Page 1773; Deed Book 2850, at Page 1127; Deed Book 3020, at Page 1451; Deed Book 3307, at Page 937; Deed Book 3340, at Page 824; Deed Book 3633, at Page 774; Instrument Number 2003052800082323, Instrument Number 2004092201518910; and Instrument Number 20190326000236820 (collectively, the "Existing Proffers"); and GPINs: 2415-12-2650, 2415-04-0770, 2415-14-6859, 2415-25-9170 & 2415-22-7788 1 WHEREAS, the Applicants, as owners of the Property, desire to modify and amend the Existing Proffers to i) consolidate multiple subsequent amendments, ii) align the covenants, restrictions and conditions with the current City of Virginia Beach Zoning Ordinance, Landscape Guide, Public Works Stands and Specification and Building Code requirements, iii) to provide guidance on the land use, site design, building design, landscaping and signage throughout Corporate Landing; 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 Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at 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 Applicants' use of the Property is zoned; and WHEREAS, the Applicants do hereby voluntarily proffer, in writing, in advance of and prior to the public hearing before the City, as part of the proposed Modification of Proffers, in addition to the regulations provided for by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, and use of the Property; NOW, THEREFORE, the Applicants, 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 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 Applicants, their successors and assigns, grantees, and other successors in interest or title: 1. The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. 2 2. Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. 3. Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. 4. Except for permanent facility construction, exterior storage shall be prohibited. 5. Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. 6. Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. 7. All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft. that matches the materials used on the building. Dumpsters shall also be gated. The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. 8. Those uses permitted in I-1 and B-2 zoning are permitted on the Property Those uses requiring a Conditional Use Permit from City Council shall continue to do so. 9. The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 50 ft. c) Adjacent to General Booth Blvd. 30 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings (excluding sidewalks) 10 ft. 3 10. The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. 11. The Corporate Landing Business Park Design Criteria, dated July 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA, grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. The above conditions, having been proffered by the Applicants and allowed and accepted by the City as part of the Modification of Proffer, shall continue in full force and effect, 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 a subsequent written instrument amending the proffers is approved and executed by the record owner of the Property, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, 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. The Applicants 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; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Applicants 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 Grantors and the Grantee. SIGNATURES ON FOLLOWING PAGES j 5 WITNESS the following signature and seal: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: (SEAL) Name: ��- Title: Chair/Vice-Chair Commonwealth of Virginia City of Vir ini kto-wit: '� The foregoing instrument was acknowledged before me this 10 -'day of IL; L 20 2-I , by t,..sA M ,✓'t 0104 u , as Chair / Vice-Chair of City of Virgini-4 Beach Development Authority, on its behalf.i �J d"-61- NOTARY PUBLIC MyCommission Expires: 7 3D 2 Z/ GLORIA A. DUFF p 0 � Notary Public My Registration Number: 22— I Commornaeolih o;Virginia ��. Registration No. 21482� •=.; -"' My Commission Exp tes sept.30. Approved as to Content: Approved as to Le ciency: Cseo a-I-tacked ) Economic Development City Attorney 6 WITNESS the following signature and seal: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: ( S Ge Y6eU ) (SEAL) f Name: Title: Chair/Vice-Chair ••mmonwealth of Virginia City . Virginia Beach, to-wit: The •regoing instrument was acknowledged before me this day of 20 , by , as Chair / Vice-Chair of City of Virginia Beach Development Author on its behalf. NOTARY PUBLIC My Commission Expires: My Registration Number: Approv d s to Content: Approved as to Legal Sufficiency: af f-ar,hed) Economic Development City Attorney 6 FROB, LLC, a Virginia limited liability company By: .tip 62C � (SEAL) Name: f''«a,f ,4. Cr•, f(P Title: /11 c !2 Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this I lo day of \Lt,'y 20 a , by CO t‘C . S A . C4`,li 2 , as /{ta nQ - of FROB, LLC, a Virginia limited liability company, on its behalf. d . K NOTARY PUBLIC a i Cik9 �, My Commission Expires: \.\\, � KE(� '%,,� My Registration Number: 770 a H`� .``��V ;�aNWEq.F.' :REGISTRATION NO 77022945pI 7 EXHIBIT A (PROPERTY DESCRIPTION AND GPIN LIST) 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. GPIN: 2415-14-6859 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 "RESIDUAL PARCEL 2A-2", as shown on that certain plat entitled "PARCEL MDO-11 BEING A SUBDIVISION OF RESIDUAL PARCEL 2A-1 CORPORATE LANDING AS SHOWN IN INSTRUMENT 200506010082268 FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITUY VIRGINIA BEACH, VIRGINIA", dated May 17, 2005, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office as Instrument No. 200506100087030, reference to which is made for a more particular description. GPIN: 2415-25-9170 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 3B", as shown on that certain plat entitled "SUBDIVISION OF PARCEL 3 CORPORATE LANDING AS SHOWN IN (M.B. 216, P. 80 — 90) FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", Scale: 1"=100', dated June 1, 1995, and revised through July 21, 1995, prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office in Map Book 244, page 55, reference to which is made for a more particular description. GPIN: 2415-22-7788 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 C", as shown on that certain plat entitled "SUBDIVISION OF PARCEL 3-A-1-A-2 CORPORATE LANDING (IN. 20150604000514100) PROPERTY OF THE CITY OF VIRIGIA BECH DEVELOPMENT AUTHORITY VIRIGNIA BEACH, VIRGINIA", dated August 54, 2016, prepared by WPL, which plat is duly recorded in the Clerk's Office as Instrument No. 20161129001083010, reference to which is made for a more particular description. 8 GPIN: 2415-04-0770 ALL THAT certain lot, tract or parcel of land together with the improvement thereon, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as: "PARCEL MDO-1 AREA = 152,460 SQUARE FEE + OR 3.500 ACRES +" as shown on that certain plat entitled: "PLAT OF PARCEL MDO-1 BEING A SUBDIVISION OF PARCEL 2 CORPORATE LANDING AS SHOWN IN MAP BOOK 216 AT PAGE 80 — 90 FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September 15, 1995, Revised October 10, 1995, Scale: 1"=50', made by Langley and McDonald, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 247, at pages 65 & 66, to which reference is made for a more particular description. 9 EXHIBIT B (CORPORATE LANDING BUSINESS PARK DESIGN CRITERIA- JULY 2021) 10 ,Y r yam' .-- '` �' 9p ^ ";. �.;��y a.� lr 41.1s.•.• _ . A@ } 4 .. � �'---- CORPORATE ..,-,,_„..,,,,. ,..,,.,... „..�- . r LANDING ... ..,,.-....,,, ..: .„. - - _ , .,- '- - .„,,:,?..,.,-,..-.-..,.1,.,..,--.,}4•.:4-,.. ,,, ,,,,, _ ,.,,,, , :3 FT ., . ,. `� ; q''" _ 3• ,--.- . BUSINESS '1 1 , ARK e ila r r - - a . t�. ,J r r` _ • ' a�.r r rr r + - j �a ��; e •� 4j 1.,,ifrig4 kr: 1:•..s._-141,. - ;ea..re's.V.,„-. Itc ' rtiw—•‘' ' • - - . - p‘, -+, IF 16, CORPORATE LANDING .„, BUSINESS PARK , ,,,,--- DESIGN CRITERIA JULY 2021 rri-, VIRGINIA BEACH 1 r, 4 t `t , 0. , . lop. Scitio r `,is `.Iles •Tilt. ty,*- _! r 'j ...+ { ;` On April 24, 1990, City of Virginia Beach Economic Development Director Andy Burke, Mayor Meyera Oberndorf and Virginia Beach Development Authority Chairman Van Cunningham turned the first shovels of dirt,officially signaling the beginning of the development at Corporate Landing. CONTENTS ARTICLE I:BACKGROUND AND PURPOSE 5 ARTICLE IV:SIGNAGE CRITERIA 17 1.1 CORPORATE LANDING BACKGROUND 4.1 SIGNAGE REQUIREMENTS 1.2 DESIGN CRITERIA PURPOSE 4.2 SIGNAGE APPROVAL BY VBDA 1.3 BUSINESS PARK MAP 4.3 TEMPORARY SIGNAGE 1.4 LAND USES 1.5 IMPROVEMENTS PROVIDED BY THE VBDA ARTICLEV: REVIEW BY THE VBDA 19 5.1 INTRODUCTION ARTICLE II:SITE CRITERIA 9 5.2 DEVELOPMENT PROCEDURES 2.1 APPLICABLE CODES 5.3 SUBMITTAL REQUIREMENTS 2.2 SETBACKS AND COVERAGE 5.4 SCHEMATIC DESIGNS 2.3 GRADING AND DRAINAGE 5.5 CONSTRUCTION DOCUMENTS FOR 2.4 PARKING SETBACKS FINAL REVIEW 2.5 PARKING REQUIREMENTS 5.6 BASIS OF APPROVAL 2.6 LOADING AND REFUSE 5.7 REVIEW COMMITTEE 2.7 EXTERIOR STORAGE 5.8 REVIEW TIME 2.8 FENCING 5.9 PUBLIC APPROVALS 2.9 UTILITIES 2.10 NON-MOTORIZED CIRCULATION 2.11 PLANTING 2.12 LIGHTING ARTICLE III:BUILDING CRITERIA 15 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS Figure 1.1 - Corporate Landing Business Park 1994 I L-A, . .4. i •. ,410, - ' 4. . .-• % r*v#' 4'i'i . ‘\i ' ' •>°41 * * ;11' - " • : age 19 At 94 , - W 4,..--''' if,/ • ' .1kikkiM* -"'- ^ ----- - - '„,7- • •r'.. ,,..-J.f '1,.._ ' ' ' . . , Ale 1 ' ," ..C%01., ' .•/ A - • .'r Jr A ".:kr Iii-A . '-4-.. .: ', 1 . 0-kl-',74-- • /,'; : _ .. ^C.1b1,:( -',-.d.' . .2 't,,, '1. .:. -I/ P -",.. •., t*,'As 1 ..,,, • :. s_ ''' ,o, • • ,-". to."- '''; . z 1 . ' ,s••-•*' li ( . , iF.--;. 1.v . , . . I, ' • ••• „.--.,Z:/; 1 `,•*.f.04^.,- ... ... -/..1 - 7,-, ,..:, . ..4. ..,ii,, ., • . -4 •••1' -'":4'41..../ :,-- z-f-- .. . - . '' „I'i • •1. ft.. . '•4,,i7i,';-%-. -•'"% - ''' 0 • ' ''...;••* A, ...f .. / ,'!4/ ' 't'''''t'' ',., ' . •., .•,.. . 7- f • 0, 4, .,.,i, i .. ..7 e r•!.. • • - ,-- .i•-e: • • -X X"; - i' it - , . ,. - .• ."..,. ' ' ' iik ,,y -- - 4 '.. . -P -.Ile' 7i, ' ......*" \ ' P -PI j • `::-.-•,,,t, ., "4, /1;:' ..::, '*S"-% T .fr.• C:',::k„iv ' .T. I ,-."C;ae ...0. ...,. .- „.. , , I-. -"—, - '4. .1' : ..• cid/ ''6 :' ? :,'1-abii-,:•' e'. "': ...11b6. .z, / -' '-.''• -1 .L-1 .11"',. '., -- :.• Figure 1.2- Corporate Landing Business Park 2008 ,7.••, T Ili- _ • . '...:--- - *`' 47--V a""'-----e-'7i f i..t '4" '',-,- rillin'''',F '• .,y %,. ..• ' --7-.- .' - . . ..,...1:7.7.0' - '''''''''1116-.R.' .." 4*-§,' ' 14, 4"; , . • '6'' ' ' '‘ V 4'' ; ....-"- 1.F.' 3 ,,i 11',..... as , •^, • ' .4d. 1.'', iei . ,. -416 ..7," • i ,•. i .,. , ''''- . ..... ‘„ . si , 4 I • .-- . ... , ...• ,e^. loc ,. - • v N , - IP e iii110, ,, ,;•:1, . 41., , , ..:' .{, .. . r. k •., , r o,,,,,... '''4 irt •. .- • ..--" ,,1 • i " . ,t• ' ,-. 1.,1,_ -- -,-- 1 '''...-?•- ,' ' tzit ' •.L•.„..,....; ' ' !.. n-- ARTICLE I: BACKGROUND AND PURPOSE 1.1 CORPORATE LANDING BACKGROUND It is the intent of the Virginia Beach Development Authority (VBDA) to continue to encourage the Corporate Landing Business Park (the Park) was construction of attractive quality environs through the established in 1990 as a planned multi-faceted business updated design criteria herein. park encompassing approximately 325 acres of land. The Park is strategically located five miles from 1-264 on the southwestern side of Naval Air Station Oceana, between General Booth Boulevard and Dam Neck Road. It has a campus-like setting with high quality buildings integrated into a naturally landscaped environment. - Corporate Landing Business Park has become the home to a variety of major regional corporate headquarters, including GEICO, Groundworks, and Lockheed Martin. Additionally, in 2018, a cable landing station was established to support ultra-high speed transatlantic fiber optic telecommunication cables.The cable landing station in Corporate Landing provides high capacity, reliable connectivity options to carriers, data centers and colocation facility operators. Figure 7.3- Corporate Landing Business Park Fountain 1.2 DESIGN CRITERIA PURPOSE The purpose of the design criteria is to provide guidance on land use, site design, building design, landscaping, and signage to ensure a unified, qualitative park GEICO G environment. •�� 4; The design criteria have ensured that Corporate Landing4,4 " } has developed and maintained an attractive "park-like" •'$- setting. Minor modifications have been made to the = wV r design criteria on several occasions over the past thirty :'.,.. years but have never been substantially updated. This Figure 1.4- GE/CO Regional Headquarters update is needed to: A. Ensure the Corporate Landing Business Park remains relevant for current and future market - opportunities, B. Reduce redundancy and better align the document with current codes and requirements it11sc �i� C. Consolidate multiple subsequent amendments into _ _ one user-friendly and attractive document a' D. Permit more flexibility with new and innovative materials and construction methods E. Provide more guidance on light industrial and advanced manufacturing building types Figure 1.5- New Realm Brewery Regional Headquarters a 1.3 BUSINESS PARK MAP Available property in the Park is rated Tier VI shovel ready by the Virginia Economic Development Partnership. j __: Road � II " Dam Neck ,� +""".. .� .rT. , ,..::_:,. l t � ',� a t . } : I . rF . i i ma's ti . L fti • may+ ,': .'� . �' *• o .., " 0111" j [/!L TrTi 4h ,r y y/fF�. - O j{{ ` abiE., T +a+ �; ' Craft,Lane �,` } r ' i r i . am) w .: i e n +` � 1.. �. '!. �� .},, eicos lm£.- '.o '` Aik • `ySJciT i '," "r a h _ Central Plaza Drive ` I T '. ` `o .: . L �44' f ,'tom (Future) 'o - ' f. .*` .yw p r t 70. 'f •e fit � ,, ,' -}; ► iik p., .it ''... % _ NrAnk 6��d9e4, F" , .'• s' ,,\ .- 'nit:'ALA, e'` 0. '•,- -4 ,f 7 r •- - �. `\, •~ ., . • -:," fi +' .41 s - . _ ._ -.. ' , • \ .‘,.." r ' • 1' -; ' ,' ' . -slit' •-.101,'fr)... "4F- 12t ---... ' , t �'� .ate {„ ., ems, ,."t f 1.lyr:-. L:, r i ;� _ .. '4 } is Source:Nearmap. 7 - " Legend `.,e, 0 800 Feet Corporate Landing Business Park Limits 'N'W'....ocifililla VBDA Owned Property illJurisdictional Lake/Stormwater Pond 1.4 LAND USES The majority of the property in Corporate Landing Development Authority will reserve a 50-foot strip of Business Park is zoned I-1 Light Industrial District and land for a future landscape screen. Property owners one property is zoned B-2 Community Business District within the park shall be responsible for maintaining per the Virginia Beach Zoning Ordinance as amended. the landscape screen entire length of property. Maintenance shall consist of mowing, weeding, The allowable uses in I-1 and B-2 zoning are permitted fertilizing and watering of all trees, shrubs and in the Park. Uses requiring a Conditional Use Permit lawn area to maintain healthy plant life. shall seek approval from City Council. The Virginia Beach Development Authority (VBDA), maintains the right to approve the property's use. 1.5 IMPROVEMENTS PROVIDED BY THE VBDA The Corporate Landing Business Park offers the following site improvements provided by Virginia Beach «. : Development Authority: A. Shovel Ready: Available Park properties are rated • , .: Tier VI shovel ready by the Virginia Economic -*sate' ti CORPORATE Development Partnership. "` X - _ • LANDING B. Conduit:The Park offers 2.1 miles of conduit system on Corporate Landing Parkway. It consists of 2 x 8 (16) 4" conduits which include (3) 1.25" innerducts r� ... located in each conduit. - ,_ , C. Data Center Certified:The Park is Dominion Energy- i certified for data centers. T -< s�.. D. Roadways: Perimeter Parkway, Craft Lane and Corporate Landing Parkway. Figure 1.6- Corporate Landing Park Entrance Sign E. Utilities: Water, electricity, sanitary sewer and conduit shall be provided to within the right-of- way or within an easement adjacent to the right of , way. Connections to these major lines will be the responsibility of the site purchaser F. Signs: The VBDA provides entry signs for the Park = and all signage within the public rights-of-ways. G. Landscaping: Landscaping of the common areas at • the park's entrances with irrigation are provided. H. Residential Screening: The Development Authority will provide appropriate plantings in the SO-foot w setbacks required adjacent to the existing residential neighborhoods of Red Wing, Dam Neck r111144.- „Ad Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7-Existing Landscape Screen on Dam Neck Road neighborhoods. Where the park abuts property not currently developed for residential use, the 11 Dam Neck Rd LV ,,,,r ti , ,,\iiiic • � , ; r ,;...' 4bl r'' ', ... ,.-.: - *1" , ifilt-- .ii-7 4iii,; .a , e ri ' . / A '>a. z sfi w.,.' Q y iiiiiikQ •, a J '1 � ../01, oar .... 40 , Figure 7.8-Existing Conduit Route in the Park The Park offers 2.1 miles of conduit system consisting of 2 x 8(16) 4" conduits which include (3) 1.25" innerducts located in each conduit. II ARTICLE II: SITE CRITERIA 2.1 APPLICABLE CODES for Corporate Landing and each individual site A. Development of VBDA owned property within drainage plans per the applicable codes. Corporate Landing is governed by the following 2.4 PARKING SETBACKS requirements and restrictions of but not limited to: The following chart lists the minimum parking lot 1. The recorded Zoning Proffers of the VBDA setback requirements in the Corporate Landing 2. The City of Virginia Beach Public Works Design Business Park. Standards Manual, as amended, and Minimum Parking Lot Setback Requirements 3. The City of Virginia Beach Zoning and Subdivision Dam Neck Road SO Feet ordinances, as amended. Adjacent to Residential 50 Feet Neighborhoods B. It is the responsibility of the individual site General Booth Boulevard 30 Feet developer to verify and conform with all requirements of governing agencies and obtain Corporate Landing Parkway 25 Feet and maintain all necessary permits during the Other Public Streets 20 Feet development of the property. Side& Rear Property Line 15 Feet Between Parking Lots and 10 Feet Buildings (excluding sidewalks) 2.2 SETBACKS AND COVERAGE The following chart lists the site requirements, beyond 2.5 PARKING REQUIREMENTS those required for 11 and B2 zoning, for minimum lot area, building setbacks, and coverage for the Corporate A. Off-street parking requirements must conform to Landing Business Park. Section 203 of the Zoning Ordinance as amended. Site Requirements B. The City's parking requirements shall not relieve Minimum Lot Area 1.0 Acre the site owner or lessor of the responsibility of providing ample on-site parking for actual user Minimum Building Setback 50 Feet demands. Parking on access roads and dedicated Dam Neck Road streets shall be prohibited. Minimum Building Setback 50 Feet Adjacent to Residential C. Parking lot landscape standards shall conform Neighborhoods to the City of Virginia Beach Landscape Guide as Maximum Building and Paved 65% amended. Area Coverage 2.6 LOADING AND REFUSE 2.3 GRADING AND DRAINAGE All loading docks and dumpster areas that are visible from the lake area or street right-of-ways shall be A. The site grading of each individual building site screened with a wall a minimum of 8'tall that matches shall be done in a manner complimentary and the materials used on the building. Dumpsters shall compatible with the adjacent sites. also be gated. The appearance of the screen wall shall B. The utilization of best land management and also be softened in its entirety with shrubs and trees. the stormwater management practices shall The extent of the screen wall and landscaping shall be be incorporated into the master drainage plan subject to VBDA approval, see figures 2.2 and 2.3. 2.7 EXTERIOR STORAGE Except for permanent facility construction, exterior storage is not permitted in the Corporate Landing Business Park. Construction facilities and materials shall not be permitted within the front yards and when located in rear yards, shall be removed immediately upon completion of the permanent facility. 2.8 FENCINGannummut A. Fencing beyond screening is not permitted in the Park except for where it is necessary to the physical security of certain facilities or necessary to funnel Figure 2.1-Existing building and parking in the Park visitors to designated entry points. B. Fencing should be limited to side and rear yards and coupled with planting.When fencing fronts any primary public roadways it should be located behind a landscape screen, making the plantings the most _ visible feature from the street or adjacent parcels. Fencing in front yards should be decorative use j a only and should not visually obstruct the building. j f : Durable, high quality materials are required for the : I'.: fencing that compliment the building materials. ~� C. VBDA shall approve all proposed fences for material, color,location,coupled plantings and overall impact. Figure 2.2-Existing loading area screen in the Park 2.9 UTILITIES A. All utility connections, including all electrical and fiber connections and installations of wires to buildings shall be made underground from the nearest available power source. During installation there shall be no open cuts in any street at any time. No electric meter, gas meter or other meters - of any type or other apparatus shall be located on i � any power pole nor hung on the outside of any building, but shall be placed at grade or within the building served. If placed at grade outside -� ' the building such devices shall be screened with P evergreen plants. Figure 23-Existing dumpster screen in the Park B. All site utilities such as transformers, meters, cooling towers and heat pumps shall be screened ' in their entirety with evergreen shrubs. Minimum ,-� ; height of shrubs at installation shall be 3' to 4' with ' • spacing not to exceed 3' on center, see figures 2.4 and 2.5. ., i 44► ►%ii.i►ttir 2.10 NON-MOTORIZED CIRCULATION ; ' • i>I)��➢��``'` Each developer or owner of a site shall construct public •,. �1� 1111�IIL �� sidewalks and trails that pass through their property j �� :' . tjAi�Ai�� ► ' 3"MULCH wiTH :.• SOIL SEPARATOR or properties per Figure 2.6 the Non-Motorized • - ' • ' "`' • • .�+• r :., EVERGREEN SHRUB MASS Circulation Master Plan. or AS REQUREp By THE UTILITY CO. Figure 2.4- Example transformer screening plan TRANSFORMER 10'MN. EVERGREIN SHRUB MASSING 3'TO 4'HEIGHT AT INSTALLATION Figure 2.5- Example transformer screening elevation Figure 2.6- Non-Motorized Circulation Master Plan _. 7: y l_TJj/ Dam Neck Road :�.. i v. ii : . e 4 ..„at'..%.,1,11, ,..414ENti '' . \\j,.. 1 ...,t i � • .' 4 , I. .} ,.. 1. r T ', } r Y Q p 77 ' �^ .,! t Each developer or owner of a site o. N., shall construct public sidewalks e ' and trails that pass through their • - property or properties per the • , Non-Motorized Circulation Master Plan and in accordance with City of d ' Craft Lane • Virginia Beach Standards. , „ 1 ,, , /.< ): .4',,'‹.-:, ', r o • c . , Central Plaza Drive 2, ! (Future) r .. 9e• I A . L� ; Source: Nearmap. ‘ t Legend Milliniiim �� 0 800 Feet v.��t ....... Existing Multi-Use Paths ��• .. Future Multi-Use Paths VBDA Owned Property 2.11 PLANTING SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped r� ►� 174 environment. This emphasis will provide an (' �. , ...� �� 4 overall visual continuity throughout the park and /= s 'r��•• „Ir.,, will serve as a backdrop for the development of �, �� ,', 4 ►► ,I�'1 ''\ each individual site. During the individual site 1�� '�'/j ,,,,,.,' z ,t. development stage, the landscape architect �:• _ t, 'lit it� ;,� r shall give careful consideration and analysis to T �respond to surrounding site components such '�� 4.A.as site context, open space, landmarks, views and ` ��►� .�4 vistas, streetscapes and the protection of existing i� ��i.. vegetation. '` � pi \� ��:� r� B. In addition to adherence to the City of Virginia Or ►�rii I;,7 %zi Beach Landscape Ordinance for plant species, I �i ��•" �� arkin lot and foundation landscaping, screenin 'r r Ah. •i :�r��`.% parking and tree planting specification and standards, the �—�'� =7� following additional requirements shall apply to the MEDIAN EVERGREEN Corporate Landing Business Park: SHRUB MASSING 1. Protection of Existing Vegetation: Site Figure 2.7- Example Divided Entry Drive Planting Plan Note: The landscape architect shall respond to all visibility developer, through sensitive grading and triangle requirements for intersections. drainage plans, shall save stands of natural vegetation 15' outside of all proposed building EVERGREEN SHRUB walls and 5' outside of all paved areas. The MASSING TO CURE • building developer shall identify, "flag", and d �,:; ��.. barricade up to the tree dripline such stands 1h' v4 Jiprior to site clearing or grading operations. ` jl(• •�e� Storage of materials or equipment shall :_:��2►� �f,►� not be allowed within these barriers during ►i frconstruction and barriers shall not be removedlarrlirl; ��`�until finish grading of sites has been completed. el' �(; �' j�� , All City of Virginia Beach and State of Virginia t iliAlt Tree Protection Notes are applicable and shall �,�� ..j be enforced. ` �Jt1►,I i!1 -1 iv II►��,��1 2. Sod rather than seeding is required within 50' �� • 43��1 of all buildings; all adjoining roads shall have les' �014 i2;+ • i; sod along the entire property line from the road �,� ,/�..��/ edge to the parking lot edge. The minimum (fOr,.„�'%4 V).—:iii�Kell, width of sod along road edges where there is i �i4 w�� no parking lot shall be 30'. All other lawn areas CONTINUOUS EVERGREEN HEDGE 30"HT not receiving sod may be seeded. SPACED 3'ON CENTER AT INSTALLATION Figure 2.8-Example Entry Drive Planting Plan Note: The landscape architect shall respond to all visibility triangle requirements for intersections. 3. All site entry drives shall be well landscaped each case where this is applicable, the user with a combination of shade trees, flowering shall obtain approval from the VBDA at the trees, and flower beds, see figures 2.7 and 2.8. construction document approval stage. 4. All planting bed areas shall be covered with a D. Lighting in all parking lots, walkways, and 3" layer of shredded hardwood mulch. signage on buildings shall be LED. Lighting levels 5. All plant material,topsoil, mulch,fertilizers, etc. in parking lots shall be a minimum 0.5 foot shall be subject to VBDA approval. Rejected candles. Light spillage onto adjacent properties materials shall be removed from the site. and the right of way shall be minimized. 6. Street trees shall be placed along all roadways, E. Accent lighting of buildings, landscaping and within the right of way, which properties abut signage is encouraged. or adjoin. One tree shall be provided for every F. All lighting adjacent to residential areas will 35' of property line that adjoins or abuts the be placed in such a way to prevent glare or roadway. If applicable, existing street trees on overflow lighting into these areas. adjoining properties shall be located and shown G. Point-by-point photometric calculations with a on all landscape planting plans. The spacing of summary statistics table shall be submitted for all new required street trees shall tie into all project sites. Calculations shall includefixture existing trees, maintaining a maximum spacing schedules or details indicating all aesthetic, of 35' on center. electrical, and luminous characteristics of the 7. Shade trees and/or flowering trees shall be proposed lighting systems. provided in front of the buildings as approved by VBDA. 8. Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. 2.12 LIGHTING Corporate Landing Business Park has a uniform lighting system for exterior lighting. Fixtures and poles shall • , , be approved by the VBDA. The following lighting4. -- requirements apply: • � ,. ' �, ; 'y` 4:4r • •et A. Parking light fixtures shall be a maximum height •,: ► :> r ``=" _ ' of30'. p •r' ` B. Low bollard fixtures or landscape lighting is recommended for walks and building entries. ram_ - — I [ - --,\ C. The use of full cut-off fixtures for general r illumination is required. Designs to meet Dark g -- ' Sky compliance are encouraged. Building Wiz ; _ mounted floods will not be permitted, except Figure 2.9 Standard Park Light in completely internalized service courts. In 111 ARTICLE III: BUILDING CRITERIA 3.1 APPLICABLE CODES articulation such as cornices, expression of A. Buildings within Corporate Landing are governed by structural or architectural bays, recessed the following requirements and restrictions but not windows or doors, material or material module changes, color and/or texture differences. limited to: Continuity of design is encouraged on the side 1. The Virginia Uniform Statewide Building Code and rear faces. Flat, monolithic or unarticulated (USBC), facades are discouraged. 2. The recorded Zoning Proffers of the VBDA, 3. For large buildings, varying horizontal and 3. The City of Virginia Beach Zoning and Subdivision vertical elements should be employed to help ordinances, as amended, and organize the building mass. In addition to 4. The City of Virginia Beach Public Works Design material changes, breaking the footprint of a Standards Manual, as amended. large building into smaller parts and varying a B. It is the responsibility of the individual site building's height and facade design can reduce developer to verify and conform with all the appearance of blank walls. requirements of governing agencies and obtain and maintain all necessary permits during the 3.3 BUILDING MATERIALS AND COLOR development of the property. A. Exterior building materials shall be of types 3.2 BUILDING DESIGN AND ORIENTATION that are durable and permanent in quality and appearance. Exterior finishes should require A. Corporate Landingoffersthehighestqualityofdesign little or no maintenance. Colors, materials, and and creativity in the Park's building construction. finishes are to be coordinated in a consistent manner In order to ensure the development of a harmonious on all elevations. Recommended architectural corporate environment, the following design materials include glass, granite, concrete, brick parameters have been established: and metal.Additional building facade requirements include: 1. The building concept for the Park is to set buildings in a landscaped environment that 1. The use of metal panels for light industrial maintains an aesthetic continuity throughout. facilities is acceptable as long as the front face(s) Each designer is encouraged to express and main entry of the building includes at least individuality and creativity while blending his one additional complimentary material and the or her design into the site's surrounding metal on the side and rear is layered and varied. context. The general design context should 2. Glazing shall be reflective enough to prevent reflect a high quality, modern, corporate vision from the exterior to the inside during image. Colonial or historical designs shall not daylight hours. Reflective glazing shall have a be permitted. All designs are subject to the shading coefficient of.20 to .30. VBDA's approval. It is intended that the basic harmony of the Park's architecture shall prevail 3. All roof-top mechanical equipment, shall be so that no building shall detract from the enclosed or screened by opaque glass, metal attractiveness of the overall environment. or masonry, so as to be an integral part of the architectural design and not visible from 2. Buildings should be oriented toward the public adjacent public streets. street and the front face(s), at a minimum, should incorporate higher levels of architectural 4. Exposed louvers, similar metal panel inserts, or penthouse enclosures are to be painted to match the predominant color on the building. 5. In order to maintain aesthetic continuity within the Park, bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents, such as main entrances and shall be as approved by the VBDA. � �� e`\ Figure 3.7 - Light Industrial Building in Loveland, CO Figure 33- Existing Corporate Landing business with accent Large building with varying horizontal and vertical elements, colors and enhanced main entry unifying materials and enhanced facade articulation at the main entry. Image Source:Danny Dodge , , ki .„, :, ..,,,......6. 4.00,,,,,„_. .._4,__ - 4 . . f re Q` , ii , ,:1:‘,11//,•4 Ilis..!,t,;,,,,,,s..:_:::: __ NW A i Figure 3.2- Warehouse/Assembly Building in Toccoa, GA Figure 3.4 -Side and rear face continuity of existing multistory Multiple complimentary materials and architectural accents are Corporate Landing office building required for the front face(s) and main entry of large facilities Image Source:Kirby Building Systems,LLC ARTICLE IV: SIGNAGE CRITERIA 4.1 SIGNAGE REQUIREMENTS C. Maintenance of all signs shall be required by all All signage in the Corporate Landing Business Park tenant/owners. Signs shall be kept cleaned and must comply with the Sign Regulations of City of painted as required to maintain the state of quality Virginia Beach Zoning Ordinance as amended. that existed at the time of installation In addition, the following sign regulations apply: 4.3 TEMPORARY SIGNAGE A. Menu board type signs shall not be permitted. A. No temporary signs will be permitted except as B. Plastic letters shall not be permitted for building described below(see figure 4.2). mounted signs. 1. Temporary construction signs shall be permitted C. The size, location on the facade,color and finish during the construction of the permanent of the letters or logo shall be compatible with facility and shall be removed upon issuance the building architecture. of the Certificate of Occupancy by the City of D. Care shall be taken to conceal all conduits, Virginia Beach. raceways and transformers from all signage 2. All temporary signs shall be ground mounted. so that they are not be visible under any circumstances. 3. One project construction sign shall be permitted and shall be located parallel to the E. Street names on the building are not permitted. street and shall include only:the Building Name; Numbered addresses shall not be backlit. Developer; Architect; Landscape Architect; F. In multi-tenant buildings where storefront Consulting Engineers; General Contractor; entrances are used, sign information shall be Major Tenants; and Lending Institution limited to company name, company logo, and 4. No subcontractor signs shall be permitted. suite number(see figure 4.1). The temporary construction sign outlined above shall be a maximum of ten (10) feet high and 4.2 SIGNAGE APPROVAL BY VBDA located within the property line and adjacent A. Final design of all building signage shall be as to the construction trailer. approved by the VBDA. Proposed signage shall be 5. No construction signs will be permitted off site submitted with the construction details for each 6. One real estate sign shall be permitted per building prior to their submission to the City of building and shall be allowed for six months. Virginia Beach.The sign submittal must include: Following this period, additional approval shall be obtained from the VBDA. 1. Sign elevation, 2. Site plan with location of proposed signage, 3. Shop drawings outlining construction details and lighting, and 4. Planting plan for area surrounding signage. B. Violation and/or non-compliance with the above procedures will allow the VBDA to remove the non-conforming sign at the expense of the owner/ tenant. '›>ii;c --- ------7 NZ .o ` 1 .,Tif- , I 1 Lit 25% CLEAR - I L 5O7 COPY AREAMlN. MAX. ow -T---1---- --- r J 25% CLEAR MN. rn 11 i iing , , ! 1._ .i.0211.41112-0 , ! _ u aipm_I IJ _ Illirs - . mr. Figure 4.1 - Single Tenant Sign On A Building The above drawing is an example illustration of the placement of a single tenant name. NOTES: t- 4'_0. t 1) Front and back of plywood sign face and wood to be painted. 2)Signs can be rotated as desired. ,..-4- 4'rn. rBUILDING NAME �' �— 3/4" TID pLYwocn LOGO, ETC. ✓ Fes' of COPY ARIA\y 4•-vMAX. _i/ Z DEVELOPERS 1- 0 o NAME, LOGO, ETC. 0 ARC ITECT REACTORS NAME LL LANDSCAPE ARCHITECT b LOGO, ETC. ~" CONSULTING ENGINEER xC GENERAL CONTRACTOR 2 MAJOR TENANTS i , FINANCIAL NSTTTUTIONJ >� l +�,.��_ L �. . I I _ X I I, �, 4" X 4" TREATED WOOD POST. �____ 4" TREATED WOOD SLATS PX/rnnG AS RE12.1i - TYPICAL nITAIL1 SPACED '10 GROUND N D TEMPORARY SIGN REALTOR SIGN Figure 4.2-Temporary and Realtor Signage ARTICLE V: REVIEW BY THE VBDA 5.1 INTRODUCTION 1. Schematic Design and A. Corporate Landing is governed by a series of 2. Construction Documents recorded covenants which are available upon B. Final approved City of Virginia Beach site plan request by any developer or owner interested documents shall be submitted to the VBDA before in Corporate Landing. These covenants and construction begins. restrictions are in place to ensure the proper and most appropriate development of the Park through the implementation of uniform standards. 5.4 SCHEMATIC DESIGNS Furthermore, all pertinent requirements of public At schematic/preliminary review,the following material agencies shall be followed in the development shall be submitted: of this property and all plans for development of a specific site shall be approved by the VBDA and A. Site Plan at a minimum scale of 1" =40'-0" approved by the City of Virginia Beach and public B. Site coverage ratio: building and paving agencies having jurisdiction. C. Building location, overall dimensions, height, B. The requirements contained in this criteria do finish floor elevations setback lines not preclude the potential of later modifications. Each buyer shall be responsible for verification of D. Site circulation all code requirements at the time of purchase and E. Site signage location development. F. Anticipated stormwater management practices G. Amount and location of employee and guest 5.2 DEVELOPMENT PROCEDURES parking A. Prior to commencement of the development of any H. Location of any loading and trash collection project design, the project owner and the design areas professionals are required to participate in an I. Location of walks and driveways introduction to Corporate Landing Design Criteria with VBDA's design representative. J. Building floor plans at a minimum scale of 1/8" = 1'-0" B. Prior to the commencement of any site „= „ improvements such as construction or alteration K. Elevations(1/8 = 1-0 or 1/16 1 O ) in color of buildings, enclosures, paving, grading, drainage, or with color samples or any other permanent improvements on any L. Perspective rendering site, the owner, leasee or occupant of any site M. Building materials specification list shall first submit Plans and Specifications for such N. Location and size of all exterior mechanical and improvements to the VBDA for its written approval. electrical equipment both at grade and/or on the roof. 5.3 SUBMITTAL REQUIREMENTS O. Preliminary review shall be concerned with A. Three (3) complete sets of plans shall be building materials, colors and finishes, submitted for each review. Three (3) sets shall architectural treatment and rooflines. be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: 5.5 CONSTRUCTION DOCUMENTS FOR FINAL D. After approval of the contract documents by the REVIEW VBDA, any change in exterior materials or exterior colors during construction, shall be approved A. The following completed construction document by the VBDA prior to ordering of materials. material shall be submitted for final review: 1. Building construction drawings indicating 5.7 REVIEW COMMITTEE all exterior finishes, colors and proposed screening of roof-top equipment. Actual size The Review Committee shall be composed of the of equipment shall be indicated behind screen. VBDA's Department of Economic Development arm; The previously submitted colored elevations the VBDA's architectural, engineering, and landscape and the exterior building material sample board architectural consultants, which herein afterward shall which were submitted for preliminary review be referred to as "the Staff." shall be resubmitted again with the construction A. Staff shall be entitled to approve minor variations drawings. to those portions of the Design Criteria not 2. Full civil site plan and utility packages, at a encompassed by the zoning proffers of record minimum scale of 1"=25'-0". affecting the property. 3. Full landscape design package, at a minimum B. The VBDA shall receive comments and scale of 1"-25'-0". recommendations from the Staff as to whether 4. Full site lighting, signage and any loading area the plans submitted should be approved or and trash collection area construction details. rejected. B. Approval of plans must be given by the VBDA prior C. When questions of judgment or interpretation arise, the decision of the VBDA is final and to commencement of any construction. binding on all parties. D. Any revisions, additions, or alterations to any 5.6 BASIS OF APPROVAL portion of approved plans shall be subject to A. Review and approval will be based on standards set review and approval. forth in the Declaration and the Design Criteria. E. Neither Corporate Landing or the VBDA or Plans will be reviewed not only for the quality its successors or assigns shall be liable in of the specific proposal, but also the project's damages to anyone submitting plans to them effect and impact on its neighbors and on the for approval, or to any owner or occupant general park character. Evaluation will be made of of land affected by this Declaration, by spatial relationships among and between buildings reason of mistaken judgment negligence or and other surrounding elements. Careful concern misfeasance arising out of or in connection will be given to location and treatment of utility with the approval or disapproval or failure and service facilities with the intent of minimizing to approve any such plans. Every person, detrimental visual and environmental impact. corporation, partnership, or organization who B. Site ingress and egress shall be reviewed for efficient submits plans to the VBDA or Declarator for flow of traffic within the site and on abutting streets. approval agrees, by the submission of such plans, and every owner or occupant of any of C. If plans and specifications are not sufficiently the property agrees by acquiring title thereto complete or are otherwise inadequate, the VBDA or an interest therein, that he, she or shall reject them as being inadequate. Approval of it will not bring any action, proceeding or suit design will be good for a one (1) year period, after against the VBDA or Declarator to recover any which time, if construction has not started the such damages. building developer will be required to resubmit. 5.8 REVIEW TIME The VBDA shall receive proposals for review, a minimum of fourteen (14) days prior to the second Tuesday of each month.The review comments shall be available from the VBDA office within two weeks of that second Tuesday. 5.9 PUBLIC APPROVALS A. The Applicant is responsible for complying with all applicable requirements of public agencies in the development of site(s) within Corporate Landing and shall make separate submittals to City of Virginia Beach review agencies. The Applicant may make concurrent submittals to both the VBDA and the City. B. Although based on local zoning and subdivision regulations, the Corporate Landing Design Criteria may be more restrictive in land use, site development standards, landscape requirements, or in other matters. In every case in which these criteria are at variance with public agency requirements,the more restrictive regulations shall govern. In the event of any inconsistency between the Deed and the Design Criteria, the provisions of the Deed shall control. C. The property owner is solely responsible for complying with all aspects of the Design Criteria, as well as all applicable codes and regulations. No variance from any aspect of the Design Criteria will be permitted unless approved in writing by the VBDA. If non-compliance to the Design Criteria is discovered during or after construction, it shall be the sole responsibility of the property owner to rectify all non-complying conditions at his or her expense to the satisfaction of the VBDA. Item # 8 Virginia Beach Development Authority [Applicant] Virginia Beach Development Authority & FROB, LLC [Property Owners] Modification of Proffers Portion of Corporate Landing Business Park August 11, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you Mr. Horsley. The next item on the consent agenda is agenda Item #8, Virginia Beach Development Authority, and Virginia Beach Development Authority, and FROB, LLC Modification of Proffers. Address is portion of the Corporate Landing Business Park. Is there a representative for this item? Mr. Royal: For the record, Randy Royal, Kimley-Horn and Associates. I'm kind of tagging that John Richardson was formerly representing it, but I was representing Economic Development. On this, I guess I can stand in if need be. Mr. Wall: Are the proffers acceptable? Mr. Royal: Yes sir. Mr. Wall: All right. Mr. Royal: Thank you. Mr. Wall: Is there any opposition for this item being placed on the consent agenda? Mr. Weiner: We are going to go ahead and read it. Mr. Redmond is going ahead and read this into the record, if that's okay. Ms. Smith: Excuse me, if we can make a clarification -- Mr. Royal. Mr. Weiner: We understand that the Development Authority is the actual applicant. Ms. Archer: I'm on the Economic Development department staff that helped, write that, and I'm standing by. Mr. Wall: Thank you. So I guess the proffers are acceptable in that case? So again, is there any opposition for this item being placed on the consent agenda? Hearing none, here we have asked Mr. Redmond to read this into the record. 1 Mr. Redmond: Thank you, Mr. Wall. This is an application by the Virginia Beach Development Authority, owners of the property of Virginia Beach Development Authority and FROB, LLC, which is an adjacent property owner. And this is a Modification of Proffers. Specifically,the application is seeking a Modification of Proffers to update the design criteria for a portion of Corporate Landing Business Park. Park property was rezoned in 1988, and the design criteria was adopted in 1990, with an amendment added in 1998. The new design criteria seek to ensure the Corporate Landing Business Park remains relevant for current and future market opportunities, reduce redundancy and to better align the document with current codes and requirements. To consolidate multiple subsequent amendments into one user friendly and attractive document, permit more flexibility with new and innovative materials and construction methods and provide more guidance on light industrial and advanced manufacturing building types. In short, the purpose of this amendment is to modernize the design criteria --the 31-year old design criteria for Corporate Landing Business Park, which very recently has enjoyed a burst of interest and activity of which we all should be quite happy and proud. If you think about it, the car you drove 31 years today is quite a bit different than the one you might have today. And design criteria for a project the size of Corporate Landing, very probably ought to be modernized just as your transportation means would be as well. There is beginning on page three of the staff report on this particular item, a table which lists the changes from the current design criteria to the updated design criteria. I will not recite them all here. If anybody has any questions about how specifically the criteria are changing, I would urge you to consult the staff report on this. In short, it is a modernization of how Corporate Landing Business Park is to be designed. The city and adjacent property owners are the applicants. There is no opposition to the request. Planning Commission therefore places it on consent, Mr. Wall. Mr. Wall: Okay, thank you, Mr. Coston. That was the last item on the regular consent agenda. 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 support the applications and there are no speakers signed up in opposition. These are agenda items number 13, 14, 15, 16 and 17. Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items number 1, 8, 9, 10, 11 and Short-Term Rental items# 13, 14, 15, 16 and 17. Mr. Weiner: We have a motion for approval for the second. We have a motion Mr. Wall as second by Ms. Oliver and we have any one abstaining? Mr. Graham: I have a letter pursuant to the state and local government Conflict of Interest Act. I have a letter on file making the following declaration. The agenda item #1 is financed by Towne Bank and I hereby make this disclosure that I serve on an 2 advisory board at Towne Bank, which makes no loan decisions. And I believe that I can participate in this vote. Mr. Weiner: Mr. Inman. Mr. Inman: Likewise, I would like to make the following declaration. Agenda item #1, being financed by Towne Bank. I serve on the Advisory Board of Towne Bank, and make no decision on loans and feel like I can participate fairly in this vote. Mr. Weiner Mr. Redmond, short term rentals. Mr. Redmond:Yeah, I am happy to do it now, we are not there yet, but...oh, we are there. Okay, I have a letter on file with the City Attorney's Office and have for some months. I have a client who is in the travel industry and has some business that is involved with short-term rentals, therefore, I do not vote on any Short-Term Rental applications or any of the ordinances with regard to Short-Term Rentals and I repeat that that letter,which I renew monthly is on file with the City Attorney.Thank you. Mr. Weiner: Madam Clerk, that's everything. Madam Clerk: Okay, vote is open. By recorded vote of 9 in favor and 0 against agenda items 1, 8, 9, 10 and 11 have been recommended for approval. By recorded vote of 8 in favor, 0 against with one abstention. Agenda items 13, 14, 15, 16 and 17 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the 3 proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Except for permanent facility construction, exterior storage shall be prohibited. Proffer 5: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 6: Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 7: All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft. that matches the materials used on the building. Dumpsters shall also be gated. The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8: Those uses permitted in I-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: 4 The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 50 ft. c) Adjacent to General Booth Blvd. 30 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings 10 ft. (excluding sidewalks) Proffer 10: The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11: The Corporate Landing Business Park Design Criteria, dated July 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA, grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments: The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. 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. 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein, the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers, freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 6 10. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 11.Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical, financial, nonprofit, professional, and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools, colleges and universities. 9. Public utility facilities. 10.Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries, confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios, offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent 7 properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists, gift shops and stationery stores. 10. Service and repair services for business machines, sign shops and other small service businesses. 11. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000) square feet. 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. 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. 22.Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing, floor area ration, and coverage: 8 R & D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage (excluding outside plaza and 75% 60% 75% gathering areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets (excluding access drives & 25' 25' 25' parking lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines (excluding common 15' 15' 15' drive aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots & Buildings (excluding 20' 20' 0' sidewalks) 9 4. The maximum building height for the various use classifications located within the property are as follows. A. R&D: 35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300' of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2: 35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements: The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however, such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. 10 C. Landscape Requirements (Minimum) 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer(minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. 11 Til •v / N�Q Qi ° v 11N ��NNs .° N �1 NCI�° m �° m i oat 4',,� , ,mN zó:�Q, / Cri p0.cc:lb 1.—. ---_--.L___NI„ ". # . 0 N. I teOCNINViz iti 41.- 040 gV � r ; ry =• , , „ N .. ,... . . - - i .--„, ____,, LO CO LCNIXV--; At6=3,V • .; . , -11 0 E- 1 9� rJim6"� \,\v‹\:2 rail Q ®e rp 0 = M Mb g \ l Wm44C • 8 . . ..t ,41.11\tl� 0@. V y • 40 • d _ \ ,, , • \ r r r-ti� it N !i N 40, II 4,44 40,41 t•, # cts fk- co N --" . • ‘C) 4-, afN \^ �J`� C lit\C'D tti .' . . 0 • \\ • )\`— ‘—` • \‘7 I �,.,t,•,,..,...a,„-, VI •�•� r°r N$ N <Y J. ISs / ° N rtSI N • 0 D Iii p. N N ,I N ,� a NM1" a m ox VI, 45VCO .:si.c: 1/`[� In N CO �i,�o om ti C ,n srti N N N ��, Q �,.i,\ _ , .� M,. ma's .afis i�i` [ rraZik., iTc N :P. ,4411 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SAMET PROPERTIES [Applicant] TAYLOR FARMS LAND COMPANY, LLC [Property Owner] Conditional Change of Zoning (AG-1 & AG-2 Agricultural & Conditional I-1 Light Industrial to Conditional I-1 Light Industrial) Conditional Use Permit (Bulk Storage Yard) for the property located at 2097 Harpers Road (GPIN 2405665160). COUNCIL DISTRICT — BEACH MEETING DATE: September 7, 2021 ■ Background: In 2018, a Conditional rezoning application was granted by City Council on the property to develop the site with a 170,000 square foot data center that was never constructed. The applicant is requesting to rezone a 67.15-acre portion of a 328-acre parcel from AG-1 & AG-2 Agricultural District and Conditional I-1 Light Industrial District to Conditional I-1 Light Industrial District to construct a 221,000 square foot distribution center with storage and office space. A Conditional Use Permit is also requested for a Bulk Storage Yard for the storage of delivery vans on the property. The proposed distribution center will employ approximately 200 fulltime employees and an undetermined amount of contract employees. The parking requirement is well in excess of the required 200 parking spaces with an anticipated 1 ,558 parking spaces on site. The proffered building elevations depicts a single-story gray tilt-up concrete structure with a blue accent band painted on the tilt panels along the roofline. Vehicular access is proposed at four ingress/egress points along Harpers Road. Significant improvements are proposed along Harpers Road to include widening of all travel lanes by 12 feet and the installation of left and right turn lanes for all four access points on Harpers Road. • Considerations: This request is in keeping with the policies and goals set forth in the Comprehensive Plan for the South Oceana Special Economic Growth Area, as this area is envisioned to be of high-quality employment, corporate parks, and light industrial uses with attractive building designs. The proposed industrial use is found to be appropriate for the subject property and conforms to the recommended uses within the South Oceana Special Economic Growth Area. The property is encumbered by a Navy restrictive easement. The Department of the Navy reviewed the proposal and deemed it to be consistent with the terms of Samet Properties Page 2 of 3 easement on the property and provided a favorable easement compliance review for the project. On June 30, 2021 , the applicant provided Staff with a Traffic Impact Study which shows a very detailed schedule of operations that will have a small amount of traffic entering and existing the site during peak hour traffic periods. The traffic impact study indicates that the facility would not have impact on traffic signal operations at Dam Neck Road and Harpers Road during peak periods. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one speaker present in opposition of the request and addressed concerns regarding increased traffic to the area, noise in association with additional trucks entering and exiting the site, and concerns regarding lighting levels and dark sky lighting on the site. To address the opposition's concerns regarding lighting, the applicant has offered to add Condition 6 to address these concerns. • Recommendation: On August 11 , 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. Items stored within the Bulk Storage Yard shall be limited to company vans associated with the distribution center. 2. There shall be one freestanding sign on the property, as depicted on the sign exhibits shown on pages 14 and 15 of this report. The sign shall be no taller than eight feet in height measured from the ground to the top of the sign and shall meet all signage requirements of the Zoning Ordinance. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 5. Roadway improvements as identified in the Harpers Road Delivery Station Traffic Impact Study, once finalized, and approved by the Director of Public Works or designee, shall be constructed, and installed by the applicant. 6. All exterior lighting on site shall utilize fixtures bearing the Fixture Seal of Approval of the current International Dark-Sky Association (IDA). A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Samet Properties Page 3 of 3 ■ 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 6 -0 City Manager: Applicant Samet PropertiesNIB Agenda Items Property Owner Taylor Farms Land Company, LLC Planning Commission Public Hearing August 11, 2021 City Council Election District Beach 2 & 3 Virginia Beach i Requests Conditional Rezoning (AG-1 &AG-2 Agricultural and Conditional I-1 Light Industrial ec°s sr�s4 'j .." �N to Conditional 1-1 Light Industrial) Conditional Use Permit (Bulk Storage Yard) , � oP, 011 Staff Recommendation 4°Pt 6'44 / doil li Approval 'N > - Staff Planner r Marchelle Coleman E `�N..�'. ° \ te_ e :.... ack Road - Location 'y 2097 Harpers Road , ( ' i � GPIN 4 ► 2405665160 , �- .$ 'I; Site Size rr a % al i�.�( , !j``� 328.26 acres _ 0 ,C' ' , i VI ,cam . �j_" AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ss -4 s4 a. �� ca >, � _ Undeveloped parcel,farm, borrow pit/AG-1& °, ,4f,' ; c ;,`: AG-2 Agricultural '' { 1: y' Surrounding Land Uses and Zoning Districts North ° k,' t Auto sales &service, restaurant / AG-2 , : ,' / - I Agricultural, B-2 Community Business -� • South i�— Dam Neck Road _ .y« -:. .. t• Undeveloped parcel/AG-1 Agricultural & I-1 \ at f o Light Industrial East F.. School/AG-1 Agricultural + - �'� West �`, �: Harpers Road Golf course/1-2 Heavy Industrial Samet Properties Agenda Items 2 &3 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 67.15-acre portion of a 328-acre parcel from AG-1 and AG-2 Agricultural Districts and Conditional I-1 Light Industrial District to Conditional I-1 Light Industrial District to construct a distribution center. A Conditional Use Permit is also requested for a Bulk Storage Yard for the storage of delivery vans on the property. On October 1, 2019, a portion of this property was rezoned to Conditional I-1 Light Industrial to construct a 170,000 square foot data center that was never constructed. This application will replace the previously approved project. • The applicant is seeking to construct a 221,000 square foot industrial building primarily used for storage and distribution, with some office space, on a 67.15-acre site. Hours of operation for the distribution center will be 24 hours a day, seven days a week with approximately 200 full-time employees. While there will be approximately 200 full-time employees, an interminate number of contract employees will also be on site during operations. • Vehicular access is proposed at four ingress/egress points along Harpers Road, as shown on the proposed Conceptual Site Plan on page 10 of this report. • Proposed stormwater management facilities,two in total, will be constructed adjacent to the distribution center to address stormwater quality and quantity control for the site. • As depicted on the proposed landscape plan, the required streetscape, interior parking lot, and foundation plantings will be installed.To meet the requirements of Section 228 of the Zoning Ordinance,the Bulk Storage Yard will be entirely enclosed with Category VI landscaping, which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence.The landscape plan will be reviewed in more detail during site plan review. • The proffered building elevations for the proposed distribution building depict a single-story gray tilt-up concrete structure with a blue accent band painted on the tilt panels along the roofline. Decorative metal panels with blue accents are proposed over the employee entrance and the package pick up area. Additionally, overhead doors for loading are proposed along the north,west and east elevations. • An eight-foot tall monument style sign is proposed at the main entrance to the site on Harper's Road, as depicted on pages 14 and 15 of this report. • Per Section 203 of the Zoning Ordinance, one space per employee on a maximum working shift is required.The concept plan depicts 1,558 parking spaces, well in excess of the minimum requirement of up to 200 spaces. It is anticipated that up to 1,111 parking spaces will be within the Bulk Storage Yard for the storage of the company's vans.The remaining 447 parking spaces will be designated for employees. • The site is located in the greater than 75dB DNL Noise Zone and is encumbered by a Navy restrictive easement. On June 30, 2021,the applicant received a letter from the Department of Navy stating that the proposed use appears to be compliant with the language of the restrictive easement and is,therefore, an appropriate use for this site.This correspondence is on page 16 of this report. Samet Properties Agenda Items 2 &3 Page 2 Zoning History # Request 1 CRZ(AG-1&AG-2 to Conditional I-1)Approved 10/01/2019 MOD(Borrow Pit)Approved 04/05/2016 CUP(Borrow Pit)Approved 03/22/2011 CUP(Outdoor Recreational Facility)Approved 03/22/2005 2 CRZ(AG-1&AG-2 to Conditional I-1)Approved 08/04/2015 " REZ(R-20 to I-1)Approved 08/04/2015 ,3 +� CUP(Bulk Storage Yard)Approved 08/04/2015 is. '4 o ��• oc" 4 •�'f�'.- �f E,7,,:°> 3 CUP(Wind Energy Conversion System)Approved ,.� � � �ill.,'":;:" �,� ? ,- 09/22/2009 �'' " • • . 4 CRZ(AG-1 to Conditional 0-1)Approved /; I � 7 04/22/2003 ;'j CRZ(AG-1 to Conditional H-1)Approved '/ 04/22/2003 P 5 CRZ(AG-1&AG-2 to Conditional 1-2)Approved %%, . I %f - R 05/14/2002 -I.. ► z 6 CUP(Pet Crematory)Approved 04 09 2002 / "�� f 7 CUP(Communication Tower)Approved 08/08/2000 4,1*L• j '° ' CUP(Communication Tower)Approved 02/11/1997 ) CUP(Bulk Storage)Approved 06/22/1987 1�l .p _ REZ(AG-2 to I-1)Approved 06/22/1987 ..,.� � At / * 8 CRZ(AG-1 to Conditional B-2)Approved 10/29/1996 CUP(Indoor Recreation Facility)Approved 10/29/1996 9 MOD(Rezoning)Approved 06/25/1996 10 REZ(I-1 to AG-1)Approved 09/14/1993 11 CUP(Automobile Repair Garage)Approved 06/22/1993 12 REZ(AG-1 to R-5)Approved 07/06/1987 13 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance LUP-Land Use Plan CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance STR-Short Term Rental Evaluation & Recommendation In Staff's opinion,these requests to conditionally rezone a 67.15-acre portion of the 328-acre parcel to construct a distribution center and the Conditional Use Permit for a Bulk Storage Yard to store the company's vans is acceptable. This site is located within the Special Economic Growth Area 3-South Oceana.The Special Economic Growth Area 3 (SEGA-3) is a tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. Portions of this area are impacted by high noise zones, accidental potential zones, and Navy restrictive easements.The proposed distribution center is compatible with the AICUZ provisions set forth in the Zoning Ordinance. As stated previously,the Navy has provided a favorable easement compliance review letter noting that the use is consistent with the terms of the easement. Samet Properties Agenda Items 2 & 3 Page 3 As recommended in the Comprehensive Plan, the underdeveloped tracts east of the South Oceana Special Economic Growth Area are envisioned to be of high-quality employment, corporate parks, and light industrial uses with attractive building designs. The Plan supports development and redevelopment of this area consistent with the City's AICUZ Ordinance provisions and the City's economic growth strategy. The proposed industrial use of the site as a distribution and warehouse facility with accessory office space is found to be appropriate for the subject property and conforms to the recommended uses within the South Oceana Special Economic Growth Area. The applicant submitted the Harpers Road Delivery Station Traffic Impact Study(TIS), dated June 30, 2021 to Staff for review. The TIS shows a very detailed schedule of operations at the proposed facility that has no traffic entering and exiting the site during the AM peak traffic period (7:00 a.m.—9:00 a.m.) and a small amount of traffic entering and exiting during the PM peak traffic period (4:00 p.m.—6:00 p.m.).The TIS shows that the facility would not have impact on traffic signal operations at Dam Neck Road and Harpers Road during peak traffic periods for the surrounding roadways. However, if operation schedules change such that more traffic is generated during the AM or PM peak period, the TIS will be required to be revised and the applicant would be responsible for all roadway improvements to mitigate impacts of the site during those peak traffic periods. As depicted on the Conceptual Site Plan and the Harpers Road Improvements Exhibit on pages 10 and 12 of this report, significant improvements will be made to Harpers Road in the vicinity of this site. All travel lanes will be widened by 12 feet, left and right turn lanes will be installed for all four access points on Harpers Road, and curb and gutter will be installed on the east side of Harpers Road. Minor revisions based on access changes to the site have been proposed since the TIS was submitted to Staff on June 30, 2021. The changes, however, will not affect the conclusions of the study but will be required to be finalized in the TIS and the applicant will be responsible for all roadway improvements identified in the final approved TIS. Condition 5 has been recommended to address this. Additional detailed comments from Traffic Engineering will be provided during the site plan review process. As recommended by Staff, the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining their proposed stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above,Staff recommends approval of this request subject to the proffers and conditions 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: When the Property is developed, the layout of the building, improvements, access and onsite circulation shall be substantially in accordance with the exhibit entitled "PROJECT DOOR CONCEPTUAL SITE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL 'A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Site Plan"). Samet Properties Agenda Items 2 &3 Page 4 Proffer 2: When the Property is developed, the site landscaping shall be planted and maintained substantially in accordance with the exhibit entitled "PROJECT DOOR CONCEPTUAL LANDSCAPE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A"PROPERTY LOCATED AT2097 HARPERS ROAD,VIRGINIA BEACH,VA",datedJuly 20,2021and prepared by Kimley- Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Landscape Plan"). Proffer 3: The exterior of the distribution center building depicted on the Site Plan shall be substantially similar in appearance with the exhibit entitled "EXTERIOR ELEVATIONS PROJECT DOOR 2097 HARPERS ROAD, VIRGINIA BEACH, VA 23454" dated July 2,2021and prepared by Prime Engineering Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Elevations"). Proffer 4: The exterior building materials on the distribution center building shall be as designated, depicted, and described on the Elevations. Proffer 5: When the Property is developed,the party of the first part, Grantor, shall dedicate the additional necessary right of way and make those right of way improvements to Harpers Road substantially in accordance with the exhibit entitled ""PROJECT DOOR HARPERS ROAD IMPROVEMENTS EXHIBIT" dated July 20, 2021 and prepared by Kimley- Horn and Associates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Right of Way Improvements"). 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. Recommended Conditions 1. Items stored within the Bulk Storage Yard shall be limited to company vans associated with the distribution center. 2. There shall be one freestanding sign on the property, as depicted on the sign exhibits shown on pages 14 and 15 of this report.The sign shall be no taller than eight feet in height measured from the ground to the top of the sign and shall meet all signage requirements of the Zoning Ordinance. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 5. Roadway improvements as identified in the Harpers Road Delivery Station Traffic Impact Study, once finalized, and approved by the Director of Public Works or designee, shall be constructed, and installed by the applicant. 6. All exterior lighting on site shall utilize fixtures bearing the Fixture Seal of Approval of the current International Dark- Sky Association (IDA). A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Samet Properties Agenda Items 2 &3 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Harpers Road 7,230 ADT' 8,700 ADT 1(LOS 5"D") Existing Land Use 2-0 ADT Existing Zoning 3-1,598 ADT Dam Neck Road 19,550 ADT' 39,700 ADT 1(LOS s"D") Proposed Land Use 4-2,196 ADT 'Average Daily Trips z as defined by 3 as defined by a 16.9 4 as defined by a 221,000 5 LOS=Level of Service vacant land acres of AG-2 zoned distribution center land 31.48 acres of AG-1 zoned land and 18.77 acres of I-1 zoned land Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located at the intersection of Dam Neck Road and Harpers Road. In the vicinity of the site, Dam Neck Road is a four-land divided, access controlled, major suburban arterial,with 165-foot right-of-way width. It is designated in the MTP as a six-lane roadway. Harpers Road is a two-lane collector with a variable right-of-way width and is designated in the MTP as a four-lane collector with 100-foot right-of-way width. No CIP Projects are planned for this section of Dam Neck Road and Harpers Road. Public Utility Impacts Water This site is currently connected to City water. There is an existing 20-inch city water transmission main along Dam Neck Road. Also,there is an existing 12-inch main stub extended to the property from Dam Neck Road. Sewer The site must connect to public sanitary sewer. Gravity sanitary sewer is not currently available to the project site. The determination of whether a new public sanitary sewer pump station will be developer constructed will be deferred until further development of the surrounding area is undertaken as it is impractical to plan a public station with a subdivision of this scale.The sanitary sewer connection for this project is expected to be made by private pump and force main. Connection to the City system should be made at the 12-inch City force main in Dam Neck Road, approximately 1,800 feet east of the intersection with Harpers Road.To avoid encroachment of the private force main into Dam Neck Road, a private easement is recommended to permit extension of the private force main from the project site to this location. Samet Properties Agenda Items 2 &3 Page 6 Public Utilities will require a memorandum of understanding of the property owner to require connection to gravity sanitary sewer in the future when and if it becomes available. Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of a 67.15 acre development located at the northeast corner of Dam Neck Road and Harpers Road. The proposed development is designed to drain to proposed onsite stormwater management facilities (SWMFs) before discharging into the existing public drainage system within the Dam Neck Road right-of-way. The proposed SWMFs will consist of two wet ponds along the north and south perimeter of the proposed development and an underground storage detention facility that will be located under the proposed parking lot. The southern wet pond will collect drainage from both the private development and the Harpers Road right-of-way while providing for both water quantity and water quality treatment. The northern wet pond and underground storage detention system will be used to satisfy water quantity requirements for the private development. The existing roadside ditch along Harpers Road will be filled in and replaced with a piped storm sewer system as part of the required Harpers Road right-of-way improvements associated with the proposed development. Since the proposed piped storm sewer will not replace the hydraulic capacity that was made available with the existing roadside ditch, runoff that is collected along Harpers Road will be conveyed into the proposed southern wet pond. In collecting offsite drainage through the proposed wet pond to allow for additional onsite attenuation, water levels upstream and downstream of the development will be maintained at elevations that will prevent upstream or downstream impacts. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The submitted stormwater model included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Kimley Horn in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 67.15 Acres Pre-Development impervious area: 3.60 Acres Post-Development impervious area:44.82 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts (NOAA plus 20%) and account for 1.5' SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Underground storage detention vaults and wet ponds Total storage volume provided in proposed stormwater management facility: 3,946,800 cubic feet in the wet ponds and 2,353,000 cubic feet in the underground storage for a total of 6,299,800 cubic feet. Description of outfall: Runoff is proposed to leave the site from the southern wet pond and into the public drainage system via dual 54-inch pipe culverts that will discharge into the existing ditch along the north side of Dam Neck Road and into the existing box culvert under Harpers Road. Drainage from this section of Dam Neck Road drains west and ultimately into the Upper West Neck Creek. Samet Properties Agenda Items 2 &3 Page 7 Downstream conveyance path: The Upper West Neck Creek drains into the North Landing River,through the Currituck Sound and ultimately out into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required:76.52 lb/yr Method of treatment proposed: 107 lb/yr will be removed with a Level II wet pond which includes treatment of offsite areas. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR) storm event. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the surrounding community on July 21, 2021 to discuss the details of the request including storm drainage,traffic, and general operations. According to the applicant, eight people were in attendance for the meeting. Based on feedback from the applicant's representative,the major concern was traffic. The applicant's representative indicated that the community appeared to be satisfied with the proposal. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021 and August 1, 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 July 26, 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 August 5, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 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 23, 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 September 3, 2021. 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I I • ■ I • I - • — • ■ I I i ■ \'iI. `F`' I a Samet Properties Agenda Items 2 &3 Page 13 Proposed Monument Sign 13'-0" 6' 12'-0" 6' 6" 11'-0" 6' ACRYLIC PUSH THRU GRAPHICS ALUMINUM SIGN CONSTRUCTION - PAINTED TO MATCH PUS 2995C!WE • Ca P DISCONNECT SWITCH Delivery- - ACRYLIC PUSH THRU GRAPHICS Id"•raiwMNnun(ra•cAna"an I•e MEM ACRYLIC PUSH THRU GRAPHICS L t , y PI/SM TMANSWCBIT TO MATCH BLUE PUS MR) o q Customer Pick-Up E- ' — ACRYLIC PUSH THRU GRAPHICS m priniYenJI>tlYn�111U1�IlA Visitors /Associates REPLACE WITH CORRECT DIRECTIONAL FLEX / Delivery Vans E— — ARROW AND TITLE PER LOCATION All Trucks t --i _ ---- 1"X 2"ALUMINUM TUBE PAINTED PMS 421 GRAY BUILDING ADDRESS ACRYLIC PUSH THRU GRAPHICS 1CRYLICtlk Jfl9M•-LL4?M Iran ION wnHIL CAST IN PLACE CONCRETE BASE Designation: 8' ILLUMINATED MONUMENT Substrate: N/A Image: N/A Colors: ■ ■ C2b Squid C4 Gray C6 Blue Ink Black 1 1 Samet Properties Agenda Items 2 &3 Page 14 Proposed Monument Sign 13'-0' I 6' 12'-0' 6"i, B' 10'-8' 8" 31-0" EXTEND ELECTRICAL.CONDUIT FROM BUILDING UP THROUGH STEM WALL. STUB UP FOR ELECTRICAL CONNECTION BY SIGN MANUFACTURE ITA I I CO C.4 L ACRYLIC PUSH THRU GRAPHICS ALUMINUM SIGN SIGN PANEL RETURNS ARE WHITE POLYCARBONATE POLYCARBONATE LENSE -HALO ILLUMINATION CONCRETE STEM WALL AND CONCRETE FOOTING BY OTHERS 1 Designation: 8' ILLUMINATED MONUMENT Substrate: N/A Image: N/A Colors: Notes: EXTEND ELECTRICAL CONDUIT FROM BUILDING LIP h*ROUGH STEM WALL STUB UP FOR 1 ELECTRICAL CONNECTION BY SIGN MANIC Samet Properties Agenda Items 2 &3 Page 15 Navy Easement Compliance Review Letter I DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 23460-2191 _ _ M1RE f'1'REFI ;, 4535 Ser N4/213 30 Jun 21 Mr.Brian Hall Samet Properties 309 Gallimore Dairy Road Suite 102 Greensboro,NC 27409 Dear Mr.Hall, SUBJECT: REQUEST FOR EASEMENT COMPLIANCE REVIEW Thank you for your request for an easement compliance review for the proposed use of property located at 2097 Harpers Road,Virginia Beach,Virginia,further identified as GPM number 24056651600000. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and 1 agree with the conclusion the majority of the area to he used for the proposed project is subject to restrictions resulting from a Grant of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,described as warehousing,distribution,office and vehicle parking and storage,appears to comply with terms of the Grants of Easement and is therefore permitted,provided that no portion of the property is used for retail sales. Bc aware that we based our determination on the representations of the use and location of the property that you provided. If you believe that there is additional relevant information, please contact my point of contact identified below. Please be advised the U.S.Navy will periodically conduct random reviews in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.moomawanavv.mi I. Sincerely, Imo ' J.W.HEWITT Cap .in,U.S.Navy .mmanding Officer Enclosure: 1. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARRA I2) Samet Properties Agenda Items 2&3 Page 16 Site Photos • • • -- • - . .44 '• - • - „.„ .• • -'• • 2—, • • ' ".•r- - S..' :•,e' - 4.'1! • - .7, ' • , AhAr - • -A411/44,T,Ne,' Samet Properties Agenda Items 2 &3 Page 17 Site Photos t • st, ; tip'._ • .% � s .+( •T ,7 ' I _ rag..: ' 4.. - i� i e w t _ s' $� - Samet Properties Agenda Items 2 &3 Page 18 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 Samet Properties,LLC,a North Carolina Limited Liability Company Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Randy Royall,Kimley-Horn and Associates 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:Mr.Arthur Samet,Mr.Brian Hall • 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 1 I Samet Properties Agenda Items 2 &3 Page 19 Disclosure Statement Disclosure Statement ['ay n!l'tyi'+a,Raul: 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. 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 it 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 ❑ No • If yes,identify the firm and individual providing the service. Prime Engineering-Bruce Morris 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. 2I Samet Properties Agenda Items 2 &3 Page 20 Disclosure Statement Disclosure Statement Cia,of Virginia fku;t� 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?L'Yes ❑ No • If yes,identify the company and individual providing the service. Samet Corporation-Rick Davenport 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?IU Yes 0 No • If yes,identify the firm and individual providing the service. Kimley-Horn and Associates-Randy Royal 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?U Yes 0 No • If yes,identify the firm and individual providing the service. Sykes Bourdon Ahern&Levy PC-Eddie Bourdon 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 Brian Hall,Director of Development Print Name and Title 4/1/2021 Date Is the applicant also the owner of the subject property? ❑Yes IN 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 08/17/2021 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 I Samet Properties Agenda Items 2 &3 Page 21 Disclosure Statement Disclosure Statement 'NB fry M yid a•oa Planning&Community Development Owner Disclosure s Owner Name Taylor f arms Land Company,LLC Applicant Name Samet Properties 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) Linda I.Chappell,Sole Member and Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) IF Property Management,ltd.,an Affiliated Business 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 la 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 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 bask;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. �:e-✓,s^r!i;.L`1 202E; 5 1 P a g e Samet Properties Agenda Items 2 &3 Page 22 Disclosure Statement Disclosure Statement City Iibga•u Bald, 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 O No • If yes,identify the financial institutions providing the service. Citizens&Farmer Bank,Barbara T.Creech 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. Harvey Lindsay Commerical Real Estate,Robert R.Beasley,broker 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. DesRoches&Company,CPAs,PC,David J.Desroches 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 0 No • If yes,identify the purchaser and purchaser's service providers. TBD 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 connector 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 6 I i, 6 Samet Properties Agenda Items 2 &3 Page 23 Disclosure Statement Disclosure Statement 'N City of Yugw,Said: Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing legal the service. Inman&Strickler,PLC,Thomas E.Snyder,Esq. 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,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. • coyOwner Signatu Linda T.Chappell,Taylor Farms Land Company,LLC,Managing Member Print Name and Title April 29,2021 Date Revised 11.09,2020 7 I p L Samet Properties Agenda Items 2&3 Page 24 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. Samet Properties Agenda Items 2 &3 Page 25 cA14 Bic CITY OF VIRGINIA BEACH * — �" �' * INTER-OFFICE CORRESPONDENCE "- u i , s , x 99+J Y__ „n S*4, op OUR NPT�ON In Reply Refer To Our File No. DF-10681 DATE: August 27, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils. ' ;`, DEPT: City Attorney RE: Conditional Zoning Application; Samet Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 7, 2021. I have reviewed the subject proffer agreement, dated July 20, 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: Debra Bryan SAMET PROPERTIES,LLC,a North Carolina limited liability company TAYLOR FARMS LAND COMPANY, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of July, 2021, by and between SAMET PROPERTIES, LLC, a North Carolina limited liability company, Grantor, party of the first part; TAYLOR FARMS LAND COMPANY,LLC,a Virginia limited liability company,Grantor,party of the second part;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing 328.260 acres designated as "PARCEL A" on that plat entitled "RESUBDIVISION OF THE TAYLOR FARM, VIRGINIA BEACH,VIRGINIA", dated July 24, 2009, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20091023001239560; and WHEREAS, the party of the first part has contracted to acquire from the party of the second part a 67.15 acre portion of"PARCEL A"which is described in Exhibit"A"attached hereto and incorporated herein by this reference. This 67.15 acre parcel as described in Exhibit"A" is hereinafter referred to as the"Property"; and WHEREAS,the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from GPIN: Part of 2405-66-5160-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 Conditional I-1 Light Industrial District,AG-1 Agricultural District and AG-2 Agricultural District to Conditional I-1 Light Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge 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 Grantors'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 Grantors' rezoning application gives rise; and WHEREAS, the party of the first part, with the consent of the party of the second part, 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, in addition to the regulations provided for in the I-1 Light Industrial District by the existing 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;and WHEREAS, it is the desire of both Grantors, that upon an approval of this proposed conditional amendment to the Zoning Map and recordation of these Proffered Covenants, Restrictions and Conditions by the Grantee,those previously approved proffers applicable to a 19.38 acre portion of the Property as recorded in the above referenced Circuit Court Clerk's Office as Instrument Number 20191003000840330 shall be vacated, released and superseded in their entirety by the covenants,conditions and restrictions set forth herein. NOW, THEREFORE, the Grantors, for themselves, their 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the 2 Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed,the layout of the building,improvements,access and onsite circulation shall be substantially in accordance with the exhibit entitled `PROJECT DOOR CONCEPTUAL SITE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development(hereinafter"Site Plan"). 2. When the Property is developed, the site landscaping shall be planted and maintained substantially in accordance with the exhibit entitled"PROJECT DOOR CONCEPTUAL LANDSCAPE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter"Landscape Plan"). 3. The exterior of the distribution center building depicted on the Site Plan shall be substantially similar in appearance with the exhibit entitled "EXTERIOR ELEVATIONS PROJECT DOOR 2097 HARPERS ROAD,VIRGINIA BEACH,VA 23454" dated July 2, 2021 and prepared by Prime Engineering Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter the"Elevations"). 4. The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. 5. When the Property is developed,the party of the first part,Grantor,shall dedicate the additional necessary right of way and make those right of way improvements to Harpers Road substantially in accordance with the exhibit entitled ""PROJECT DOOR HARPERS ROAD IMPROVEMENTS EXHIBIT" dated July 20, 2021 and prepared by Kimley-Horn and Associates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Right of Way Improvements"). 3 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 the AG-1, AG-2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 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 the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Samet Properties, LLC, a North Carolina limited liability company By: (SEAL) Arthur Samet, Manager STATE OF NORTH CAROLINA CITY/COUNTY OF 2k,JPDrd ,to-wit: The foregoing instrument was acknowledged before me this 'day of 2021,by Arthur Samet,Manager of Samet Properties,a North Carolina limited liability company, Grantor. ttttttttt 74/PV Yl_J r��, AP J HA A% e co N ry Public i ‘ OTAky My Commission Expires: 4E0 l /R AUB`1C' Notary Registration Number: 3U7�oorff =�'G,F+p ti� ?v,,= ...<.,` ' 03/2611' y, s' SADCOO',� 6 WITNESS the following signature and seal: Grantor: Taylor Farms Land Company,LLC, a Virginia limited liability company By: , 0d24?' (SEAL) Lin T. Chappell, Man er Commonwealth of Virginia City of Virginia Beach,to-wit: The foregoing instrument was acknowledged before me this a( day of 2021, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia li ited liability company,Grantor. krill ,,, � r Notary Public `�y gH 1RELLF ........ Y.pB. p My Commission Expires: 1P'301;05 _ �� REG# :o Notary Registration Number: 1435 Oatc -_" ' COMMISSION - EXPIRES - ' O 06/30/2025 r 2 EALTH o• /1,11 ? II 7 EXHIBIT "A" PROPOSED LOT 1 67.15 Acres ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA,AND KNOWN,NUMBERED AND DESIGNATED AS PARCEL A,AS SHOWN ON THE PLAT ENTITLED RESUBDIVISION OF THE "TAYLOR FARM" (INSTRUMENT NO. 20081009001183700),VIRGINIA BEACH,VIRGINIA, DATED JULY 24, 2009,MADE BY MSA,P.C., WHICH IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN INSTRUMENT NUMBER 20091023001239560. AND BEING THE SAME PROPERTY CONVEYED TO TAYLOR FARMS LAND COMPANY, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, BY DEED OF DISTRIBUTION FROM THE TAYLOR GROUP, LLLP, A VIRGINIA LIMITED LIABILITY LIMITED PARTNERSHIP, DATED OCTOBER 29, 2009 AND RECORDED NOVEMBER 16, 2009 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN INSTRUMENT NUMBER 20091116001319430. WHICH BEING A PORTION OF TAYLOR FARM PARCEL A IS DESIGNATED AS HAVING APPROXIMATELY "67.1 AC. +/-" IN SIZE AND IDENTIFIED AS "LOT 1" AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED "TAYLOR FARM PARCEL A,2097 HARPERS ROAD, REZONING OF A PORTION OF PARCEL A EXHIBIT 1",DATED DECEMBER 13, 2018,WHICH WAS PREPARED BY KIMLEY-HORN,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE NORTHEASTERLY INTERSECTION OF DAM NECK ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTHEASTERLY RIGHT OF WAY LINE OF HARPERS ROAD (VARIABLE WIDTH RIGHT OF WAY) BEING THE;TRUE POINT OF BEGINNING, THENCE North 9° 37' 56" East, 262.87 feet to a point; THENCE North 80° 22' 04" West, 30.11 feet to a point; THENCE North 10° 32' 51" East, 216.65 feet to the beginning of a curve concave easterly, said curve has a radius of 9,221.74 feet; THENCE northerly along said curve through a central angle of 1° 14' 26" an arc distance of 199.67 feet to a point; THENCE North 11° 47' 17" East,19.24 feet to the beginning of a non-tangent curve concave westerly,said curve has a radius of 12,778.68 feet, to which a radial line bears South 79° 06' 35" East; THENCE northerly along said curve through a central angle of 0°53'52"an arc distance of 200.23 feet to a point;THENCE North 10° 53' 25" East, 104.03 feet to the beginning of a curve concave easterly,said curve has a radius of 520.82 feet; THENCE northerly along said curve through a central angle of 21° 08' 35" an arc distance of 192.19 feet to a point; THENCE North 32° 02' 00" East, 330.33 feet to the beginning of a curve concave southeasterly, said curve has a radius of 9,867.97 feet; THENCE northeasterly along said curve through a central angle of 1°09'34"an arc distance of 199.69 feet to a point; THENCE North 33° 11' 34" East, 551.20 feet to a point; THENCE South 57° 31' 39" East, 24.63 feet to a point;THENCE South 32°28' 21"West,90.33 feet to a point;THENCE South 79° 58' 29" East, 1,193.71 feet to a point; THENCE South 10° 01' 31" West, 1,311.29 feet to the beginning of a curve concave easterly,said curve has a radius of 543.00 feet; THENCE southerly along said curve through a central angle of 15° 19' 51" an arc distance of 145.29 feet to a point; THENCE South 5°18'20"East, 164.49 feet to a point;THENCE South 84°41'40"West,22.57 feet to a point of; THENCE South 39° 41' 40"West, 70.71 feet to a point; THENCE South 84° 41' 40" 8 West, 1,632.65 feet; THENCE (1) North 58° 21' 25" West, 49.87 feet to a point; WHICH IS THE TRUE POINT OF BEGINNING, HAVING AN AREA 2,925,127.08 SQUARE FEET, 67.15 ACRES± MORE OR LESS. H:\AM\—Conditional Rezoning\Samet Properties\Proffer Agreement.docx 9 Items #2 & 3 Samet Properties [Applicant] Taylor Farms Land Company, LLC [Property Owners] Conditional Rezoning (AG-1 &AG-2 Agricultural District& Conditional I-1 Light Industrial to Conditional I-1 Light Industrial District) Conditional Use Permit (Bulk Storage Yard) 2097 Harpers Road August 11, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you ma'am. Thank you for all those who were on the consent agenda.Your items are now being moved up to City Council and we will let you know when that will be scheduled. Now, we will move on to items 2 and 3. Madam Clerk: Okay. Agenda items 2 and 3, two applications submitted by Samet Properties. First being for a Conditional Rezoning AG1 and AG2 Agricultural District and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial District and an application for a Conditional Use Permit, Bulk Storage Yard on property located at 2097 Harpers Road in the Beach District. Mr. Bourdon: Thank you Mr. Chairman, members of commission, thank you Ms. Sandloop. Eddie Bourdon, Virginia Beach attorney representing the applicant, I want to first of all let you all know that I am going to make some few brief remarks, but Randy Royal, Kimley-Horn and Associates, has done the big lift on this and has all details, so I am going to have Randy come up and finish the presentation, but first of all I want to let the Commission know that both Linda Taylor Chapel whose property this is, is in attendance as well as Hunter Nichols and Brian Hall with Samet properties and as I said Randy will be finishing up the presentation. The property looking at the big picture has been in the Taylor family for almost 70 years. It is subject to an AICUZ easement. The development rights have been restricted by the Department of Navy, that is over 40 years old. Our Comprehensive Plan for over 45 years has designated this area as Light Industrial development area. In the current Comprehensive Plan it is called the Special Economic Growth Area#3, South Oceana. I am familiar with all this because our family owns significant farm land that is close to being adjacent across Dam Neck into the west on the Dam Neck. On both sides of Dam Neck, we have the same circumstance and situation. So this property as for as long as since I was in early college years has been industrial, that's the future of this property in this area. So it is in the highest noise zone and there are no houses I don't believe that exist that can see this from their house. So just be clear. Randy has had public meetings on the applications and I 1 think there is only one speaker signed up in opposition to this, but this is exactly why this property is here, perfect for what is being proposed. The other application is for the data center. This piece is a part of this, but this piece is three and a half times larger than that was, yet the building is only about 23% larger than that building was, but there is a lot more parking associated with it. So with that I am going to let Randy come up and make a few points and then be happy to answer any questions. I would note that Randy is whole lot more seasonally appropriately dressed that I am. Mr. Royal: Good afternoon. Again, Randy Royal, Kimley-Horn and Associates, 4525 Main Street. As Eddie said, I met with the neighbors. There is not a good way to reach out to the neighbors. There were not organized civic leagues. So what I did was I reached out to the same folks that had helped me, the folks in the community and said please send out a notice and I sent them a notice saying what time, rented a room, etc. I had eight people show up from various neighborhoods but met with them, answered all their questions, primarily concerned with traffic and storm water. Storm water, of course,we've gone through the preliminary design process. You can see from the concept plan, we've got two ponds, we've also got underground storage, not only to accommodate our site, but there's some backup from existing areas. All of that has been handled with staff. We will work out the final details with the final site plan, but the preliminary design it doesn't show it up there but shows that we can mitigate and have zero impact on the downstream system there. From a traffic standpoint, this particular user, it's a 24/7 seven operation. But that also allows them to set the shifts for times that are off peak times. Likewise, the distribution aspect of it, all of that happens in off hours. Everything goes out from 9:50 to 10:50 in the morning, which is not a rush hour, they are out all day. They come back at like 8 o'clock at night. So based upon that there was no impact on a.m. peak hour and there was a very nominal small impact on the p.m. peak hour and Mr. Lowman is here and has reviewed the traffic study, so again, no problems there. Didn't really have anything, we couldn't answer for the folks at the neighborhood, but I will stand by for questions. Staff has recommended approval. We hope you will do the same. Mr. Wall: I mean I see that there are 1500 parking spaces there. Mr. Royal: That was the question that the neighbors asked too, I probably should have covered that.This operation,we've got 200 employees that work in the warehouse. We also have employees that come in and run the distribution or run the vans out. So and that's really part of the CUP, the Conditional Use Permit for Bulk Storage is really just vans parked out there and space to load the vans in between it. That's why we need all the spaces we do. It's a well run operation.And that's why we got all the spaces. Very good question. 2 Mr. Wall: What about maintenance of those vans. I mean that is not being done onsite, because it looks like that's... Mr. Royal: That building is primarily stuff comes in at night with the tractor trailers and I should have said that too. Tractor trailers come in from I think it's 8 at night or 10 at night till like 6 in the morning, loads up the warehouse, and then they load everything, the deliveries go out the next day and then hit repeat. Any repairs and things like that would be done off site at the appropriate facilities. The warehouse is just for distribution. Mr. Wall: Okay, thank you. Madam Clerk: We have one speaker, Steven Johnson. Mr. Johnson: Thank you all for let me come and speak today. I was at the meeting. It was very good meeting. Some questions came up and I contacted Randy about them and we haven't been able to resolve all the issues.We're not opposed to the distribution center. We're opposed to some of the impacts the distribution center is going to have on our neighborhoods and our property rights. Our main concern is traffic. And if you look at the traffic study, it does not account for any of the delivery vans, it only accounts for the employees coming in. Mr. Royal said the vans go out in the morning come back at night. I believe the vans will come out in the morning, the intermittently coming back and filling up and going back out again with multiple trips of some 800 vehicles. Traffic study is limited to the intersection of Harpers Road and Dam Neck. Our main concern is the intersection of Dam Neck Road into London Bridge Road. That is the main access the back gate of Oceana. So therefore, in the morning, it is heavily backed up. Sometimes if you want to go out onto the intersection you sit for two or three light cycles to get through it. Also, London Bridge Road has now become one of the main thoroughfares getting from Sandbridge in south eastern part of the City of Virginia Beach to get to the interstate. We have ambulances, fire trucks, rescue vehicles, all kinds of first responders as well as tractor trailers, and RV vehicles coming through. Noise, I've been living in Lake Placid for a while. I was there before Dam Neck Road was there. We went to the public hearings on Dam Neck Road. At that time, the City offered to build a sound barrier between our neighborhood and Dam Neck Road. That changed. We have woods between my house and Dam Neck Road. Further down, they have a large berm, the City says that's enough. I live there at night. It is not enough. We're now going to be adding 25 trucks in the middle of the night driving back and forth there. It's going to disturb our neighborhood. Now, with all the vans moving back and forth, that's not a concern. The site plan indicates that they are electrical vans so there should be minimal noise during the day. It's the noise at night that's going to concern us. Site, if you see the larger site plan, I don't know if they can put it up or not. To the east of the site are two public schools, Corporate Landing Elementary School and Corporate Landing Middle School. 3 According to the Virginia State guidelines, you cannot have a school near a Light Industrial Zone. So who's going to pay the $90 million to relocate those schools? Last time the rezoning was here, they only requested to rezone the one parcel where the data center was. They're now requesting to rezone that entire section. Once that's re-zoned as Light Industrial, the owners can, by right, put in what they want and have access to Dam Neck Road. And if you bear with me, I have one last item if I can. Site lighting, currently the City doesn't have any site lighting standards. I've been through this; I have talked with Barbara Henley. She's looking into it. Some were submitted about two years ago, they're still looking for them. The recommended actions in the report do not indicate dark skies compliant lighting fixtures. They are very general statements saying lights will be pointed down, minimal, but the pictures rated dark skies, we get less light into the City. There's no limit on the lighting levels indicated. They can blast the parking lot to 20 foot candles or they can keep down to five. We don't know, there are no limitations. There's no requirement to reduce the lighting levels after hours. You look at the site plan, they've got a huge lot for parking the vans. They said they're not going to use the vans at night. Why should those be fully lit at night? We can reduce that lighting level, reduce the light pollution. Mr. Weiner: Okay, thank you. Where is Lake Placid on, is it down towards London — is it down towards London Bridge Road and Dam Neck? Mr. Johnson: Yes, it is at the corner of London Bridge and Dam Neck. Mr. Wall: Put the map back up. Ms. Weiner: It doesn't show up on the map. Any other questions? Mr. Wall: So Lake Placid is behind — there is... the Junior Mart and the Miller Mart. Yeah, okay. It is the light pollution and this is kind of—and you see it straight down London Bridge, kind of left hand. Mr. Johnson: Tonight and tomorrow, I am going out to watch the meteor shower. We put this in without any restrictions on up lighting; I may not be able to see it next year. Mr. Bourdon: First of all, if you could put the aerial photo wide shot that was up a second ago. I appreciate it. Appreciate Mr. Johnson's thoughts on this application. Now the one that's the aerial photo that has got --you can see...Here we go, very nice. Alright, so I'm not sure where in Lake Placid Mr. Johnston lives, but the woods if he is in proximity to Dam Neck Road, the woods that are behind his house are on one of my family's properties that will one day have light industrial on it. The woods that you see the site in black to the left or to the west. There's one piece that we don't own but as you get further to the west, it's wooded. Our farm includes a property 4 at the bottom left and all the woods that are between it and Dam Neck are on our property. Lake Placid,you go back to the original picture that you had up there,the composite. You could not see this property from Lake Placid, which is outside the red box there on the far left. And there's commercial, not just the Junior Market, but two other commercial buildings that are also on London Bridge Road adjacent to Lake Placid. This property with all the woods and everything else, they will not see anything, period. I don't know if I understood the backup he was speaking about, I don't think I'm sure it wasn't at Harper's, because that doesn't exist as far as a backup of three light cycles. My family has owned all this property, my grandfather, and family have owned this property for close to 90 years. And once again, it's all one day going to be light industrial, that's what our Comprehensive Plan has called for, for 45 years. So this particular applicant with this particular application is doing, is doing everything that should be done. Staff is in favor. The lighting, there's a specific condition about lighting. It's not going to light up their neighborhood in any way, shape, manner, or form. It's all got to be directed downwards. And it's certainly not going to have any impact on Lake Placid or any of the other residential neighborhoods for that matter.As far as the traffic question, I'll let Randy take that on because he's more familiar with the traffic impact study than I am. But I'll be happy answering if anybody has anything. Mr. Royal: Hello. So vans, they were in the traffic study, they do not go in and out. They go out as I said, between 09:50 or let's say 09:50 and 10:50,they are out all day, they come back at the end of the day. They do not go in and out. Harpers Road is our primary access. We have shown improvements on Harpers Road,from Dam Neck Road, not from the other end, from Dam Neck Road, which is where everybody will be directed to come,to come in that way to go out that way, not down the other way.That's why we're widening the road, putting in appropriate turn lanes as we've worked out with Rick Lowman in Traffic Engineering. Dam Neck Road itself is at about 50% capacity. That's a heck of a lot of capacity out there. There are problems with intersections now, but we're not impacting that, because the problems, as everybody knows, are usually at a.m. and p.m. peak hour and we don't have traffic then. We offset that with what we do. The site lighting standards, we do have a stipulation in there about directing down. We're not necessarily dark sky, but they are directed down. The City does not have foot candle levels, but they do look at our site plans to make sure that we have enough foot candle levels. They're not going to light this to 20 foot candles. That's not prudent for them, it's not necessary and it costs a lot of money. And if there's rationale for lowering the lights, at the end of the night when there's nothing happening except inside the warehouse, I'm certain they will. But we can't arbitrarily say we should lower it to 50% or whatever it is; these folks know what they're doing. So again, there are up lighting restrictions that propose to have all the lights turned down. And it's not specifically dark sky. That's a whole criteria in itself, but I just can't imagine that there would be an issue there. So again, any other questions, I'll standby... 5 Mr. Weiner: Ma'am Clerk. Madam Clerk: No speakers. Mr. Weiner: All right. Can you close this and open it up amongst us,just a thought. Mr. Alcaraz is the Beach Area where you put in your thoughts. This is your area. Mr. Alcaraz: Well after hearing everything I am okay with it. I am supporting it. I was hoping to see if there are any concerns that you guys have. Mr. Weiner: Mr. Horsley? Mr. Horsley: I think this is exactly what this property is supposed to be. I mean,we're protecting Oceana with the air rights and to allow the land owners to do something else with the property. Light industrial is the right thing to put there.And I think this is exactly what needs to be there. And I think they've done all they can do to protect and in those neighborhoods. I don't see anything that's really, really close to it right now. But, but anyway, I'm in favor, but I don't know how it got it in Beach district. I thought it'd be in Princess Anne. I mean, those soybean fields, they've looked beautiful for many years, but they can't, and they're not going to be there all the time and we realize that so. So this is this, I think this is the ideal use for this property. Mr. Weiner: Anybody else, Jack? Mr. Wall: Well, it's a lot of imperviousness with that 1500 parking spaces and a 200,000 square foot warehouse, but it looks like that fairly robust storm water management plan and it's gone through initial review with the City. I think they have had some issues. I don't know if anybody at the City can confirm that, you know, Lake Placid on the downstream and I think it's had some flooding issues in the past. But it doesn't look like this is going to impact that. In fact, you know, that may address some other problems if I understood Mr. Royal correctly, that they are adding capacity for potential other issues. Mr. Weiner: Anybody else, Mr. Redmond? Mr. Redmond: Mr. Chairman, I move approval of application items#2 and#3.There was a motion of approval of the second. Mr. Weiner: Motion by Mr. Redmond for approval, do I have a second, and disclosure by Mr. Inman? Mr. Inman: Yes. One of my law partners represents the landowner in this. I do not have any representation of the landowner and I'm not involved in this matter. And I believe I can vote without any conflict. 6 Mr. Weiner: Sounds good. We're ready to vote. Madam Clerk: Vote is open. Mr. Redmond? Madam Clerk: By recorded vote of 9 favor, 0 against agenda items #2 and #3 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the layout of the building, improvements, access and onsite circulation shall be substantially in accordance with the exhibit entitled "PROJECT DOOR CONCEPTUAL SITE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA", dated July 20, 2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Site Plan"). 7 Proffer 2: When the Property is developed, the site landscaping shall be planted and maintained substantially in accordance with the exhibit entitled "PROJECT DOOR CONCEPTUAL LANDSCAPE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A"PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Landscape Plan"). Proffer 3: The exterior of the distribution center building depicted on the Site Plan shall be substantially similar in appearance with the exhibit entitled "EXTERIOR ELEVATIONS PROJECT DOOR 2097 HARPERS ROAD,VIRGINIA BEACH,VA 23454"dated July 2,2021 and prepared by Prime Engineering Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Elevations"). Proffer 4: The exterior building materials on the distribution center building shall be as designated, depicted, and described on the Elevations. Proffer 5: When the Property is developed, the party of the first part, Grantor, shall dedicate the additional necessary right of way and make those right of way improvements to Harpers Road substantially in accordance with the exhibit entitled ""PROJECT DOOR HARPERS ROAD IMPROVEMENTS EXHIBIT" dated July 20, 2021 and prepared by Kimley-Horn and Associates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Right of Way Improvements"). 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. CONDITIONS 1. Items stored within the Bulk Storage Yard shall be limited to company vans associated with the distribution center. 8 2. There shall be one freestanding sign on the property, as depicted on the sign exhibits shown on pages 14 and 15 of this report. The sign shall be no taller than eight feet in height measured from the ground to the top of the sign and shall meet all signage requirements of the Zoning Ordinance. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 5. Roadway improvements as identified in the Harpers Road Delivery Station Traffic Impact Study, once finalized, and approved by the Director of Public Works or designee, shall be constructed, and installed by the applicant. 9 z /h& � Ti.\ , c LLO (50 I M 0 O M I O N O CO N � CDO I ret:loilli, O O voll.* t ce' 1 rug i a)- to J o O ante p►�e S " W . `e _Ate &- r O �tiG Avgru, , 01 Agar , • o O +� o1S ,'� � the 3 � r d 1,ii. � = s O o Cep, O 1 �' Cr) 1_ "fettleg ) M >14_, t; pa0 �c10. _1 M 0 p .w O 1' trerd O \co Q tf) 00 N, , LI). 46 rj--- 0 4° 7-n \ r..... \ CV eft r ''4% tn\ .- Is. N \f, - --Cq n \ Oitc .6 �Z Q dr, Q o o� oN o I). N M0 a N o P � �, oQ Q4 kg Gme \f \-‘ , 116\1•• ce,42. ..• Tir-t. on <- __--- 0 .- (NI ',... v. 0 t �� (SiQ � _ 0 ► . Q ;�G �a c au ,-r ti �Ll i(A6yk_... ( f si 4 f , CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: VTS LYND MAYFLOWER OWNER, LLC [Applicant & Property Owner] Conditional Use Permits (Short-Term Rentals) for the property located at 205 34th Street, Units 1601,1602,1603,1604, & 1605 (GPIN 2428032311). COUNCIL DISTRICT — BEACH MEETING DATE: September 7, 2021 • Background: The applicant is requesting five Conditional Use Permits for Short Term Rentals on a 62,000 square foot property zoned OR Oceanfront Resort Form-Based Code District. It is the intent of the applicant to convert five existing long term rental apartment units into short term rental uses. All five proposed Short Term Rental units are located on the 16th floor of the tower, which is the top floor of the building. The lot consists of 266 apartments units, with the applicant's units containing a total of 14 bedrooms (Units 1601 through 1605). The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or 14 spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for all 14 bedrooms is 42; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of August 19, 2021, Host Compliance shows no active Short Term Rental advertisements associated with the subject address and unit numbers. • Considerations: This high-rise apartment building is located in the Oceanfront Resort Form-Based Code District and is approximately 300 feet from the public beach of the Atlantic Ocean. The subject structure was constructed in 1949. Presently, the tower contains long term apartment rentals and a ground floor restaurant, all managed by one company. Based on the bedroom count provided by the applicant, the City Zoning Ordinance requires 14 off-street parking spaces for the five proposed Short Term Rental units. Due to the age of the tower, the existing apartment use does not meet the current minimum on-site parking standards for a mixed-use building located in the Oceanfront Resort Form-Based Code District. Specifically, 1.75 parking spaces per dwelling unit (Appendix 1 , Section 6.2.2) are currently required for uses such VTS LYND Mayflower Owner, LLC Page 2 of 4 as this; however, since this 266-unit apartment tower was constructed before the adoption of the City's first Zoning Ordinance, the existing parking space count of 258 is non-conforming. Consequently, it is the applicant's intent to lease all 14 required off-street parking spaces from the private parking garage located at 212 34th Street, which is adjacent to the subject property. As permitted by Section 241.2(1)of the City Zoning Ordinance, the previous Zoning Administrator reviewed this parking proposal and deemed it acceptable. In addition, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Because the entirety of the 16th floor of the tower will change use from long term rentals to short term rentals, the Building Official confirmed that a new certificate of occupancy will be required for the top floor of the tower. In addition, such use change also requires compliance with USBC measures such as, but not limited to, fire sprinkler installation throughout the 16th floor. Condition 19 was added by the Planning Commission to address this matter. Because the USBC does not require a new fire department hose connection within the stairwell (called a standpipe), a second condition, number 20, was added by the Planning Commission. The applicant consented to both additions. Further details pertaining to the application are provided in the attached Staff Report. Opposition was present at the first public hearing and three letters opposing this request were received by Staff. The opposition voiced and noted concerns relating to the transient nature of the use, possible nuisance violations that may arise, worry relating to utility sharing between long term and short term units, alarm from three adjacent hoteliers who assert that Short Term Rentals should not be located in the Atlantic Ave/Pacific Ave corridor, and claims of multiple existing code violations occurring on the property. • Recommendation: On August 11, 2021, the Planning Commission passed a motion to place this item on the Consent Agenda, passing a motion by a recorded vote of 8-0,to recommend approval of this request. 1. The following conditions shall only apply to the dwelling units addressed as 205 34th Street, Units 1601, 1602, 1603, 1604, 1605, and the Short Term Rental use shall only occur within these listed dwelling units. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Unless an alternative parking plan is approved by the Zoning Administrator, 14 off-street parking spaces located at an off-site parking facility approved by the VTS LYND Mayflower Owner, LLC Page 3 of 4 Zoning Administrator must be continuously leased while the subject units are used for Short Term Rental Purposes. 4. Prior to using any proposed apartment unit for Short-Term Rental purposes, the 1 6th floor, which is where all five of the proposed Short-Term Rental units are located, must come into compliance with the Uniform Statewide Building Code. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- VTS LYND Mayflower Owner, LLC Page 4 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 19.No more than five (5)dwelling units within the building located at 205 34th Street may be used for Short Term Rental purposes. 20.Standpipe connection shall be available on the 16th floor in the stairwell. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. SubmittingDepartment/Agency: P tanning Department City Manager:fIc) NBCitApplicant & Property Owner:VTS Lynd Mayflower Owner, LLC Agenda Items Planning Commission Public Hearing: August 11, 2021 13-17 /' y Council Election District: Beach c iru u! Virginia Beach Requests 205 34th Street 13-Conditional Use Permit(Short Term Rental)-Unit 1601 14-Conditional Use Permit(Short Term Rental)-Unit 1602 ca �.r 15-Conditional Use Permit(Short Term Rental)-Unit 1603 o,;,o eP. 16-Conditional Use Permit(Short Term Rental)-Unit 1604 /1 r 17-Conditional Use Permit(Short Term Rental)-Unit 1605 _,/( g k got,street Staff Recommendation <,+ 'po,� era Approval �... AI Staff Planner IV William Miller s11 1 ' Location tjAbo —1 ! 205 34th Street—Units 1601, 1602, 1603, 1604, & 1605 - I 1 GPIN _ 1 g80 Sty 2428032311 3 znhsueet Site Size - 46�- 27th Su eer - 62,000 square feet Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts • - . North ,5�1 H,tig eet , ' + 35th StreetWillik r o `c Parking lot, retail/OR Oceanfront Resort � _� �, ti n" ' South e, _; ' '• r _ 34th Street pi 3,t'5`ree`Ji 't ': *F.' . 11) Parking garage,offices,retail/OR Oceanfront Resort - a' 4 ;, ._ �p East - _, $ 9.1 Ilk' Atlantic Avenue " ., ,�t_ �, , ,,4+e- ' t tit H+ .t Hotel, retail/OR Oceanfront Resort 1 H��., West • �� . ' . 1 Pacific Avenue b _ it i. Offices,financial services/OR Oceanfront Resort :F" t "s +re �,/ �. l ' I ,r z % 1 VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 1 Background & Summary of Proposal Site Conditions and History • This 62,000 square foot site is zoned OR Oceanfront Resort Form-Based Code District. • According to City records,the parcel contains 266 multi-family dwelling units built in 1949, known as the Mayflower Apartments. • On September 8, 2020, complete applications for this request were logged into the Planning Department database. The applicant submitted the original request paperwork in August of 2020, but the application packet was not deemed complete until September 8, 2020. • Staff inspected the site on September 15, 2020 to observe site conditions and take photographs for this report. • Except for Atlantic Avenue, on-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • The applicant's attorney provided an email outlining his client's intent to lease 20 off-street parking spaces from the private parking garage located at 212 34th Street.This number of spaces has been reduced to 14 in accordance with the applicant's reduction of total Short Term Rental Conditional Use Permit applications (see April 20th, 2021 timeline note below). • On August 21, 2020, the Zoning Office received a complaint regarding possible unauthorized use of units for Short Term Rental purposes. • On September 1, 2020,the Zoning Office received 10 Short Term Rental Conditional Use Permit applications from a representative of the Mayflower Apartments. • On November 4, 2020 and December 9, 2020,the applicant's representative requested 30 day deferrals from the Planning Commission to allow his client to consult with a professional fire/life safety specialist or engineer. The intent of the consultation was to address concerns expressed by the Planning Commission relating to the age of the building and all existing/proposed life safety measures associated with the planned Short Term Rental units. • At the November 4, 2020 Planning Commission public hearing,two speakers voiced their opposition to the applications. The concerns raised related to the possible existence of Short Term rental use already occurring within the property, noise,the transient nature of Short term Rentals, and the likelihood of Short Term tenants treating the building's common areas with less care than that of the long term residents. • On January 13, 2021,the applicant's representative indefinitely deferred all ten proposed Short Term Rental Conditional Use Permit requests before the Planning Commission at the formal public hearing. • On April 20, 2021,the applicant's representative contacted the Zoning office to advise that his client wished to move forward with five of the original ten applications. • On June 2, 2021,the applicant's representative contacted the Zoning office to advise that his client wished to defer the request. The request was deferred indefinitely at the June 9, 2021 Planning Commission hearing. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 2 • The applicant does agree to City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. • Known Short Term Rental activity as of July 26, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No There are five inactive listings noted in Host Compliance; however, only one is shown with a unit number (unit 602, which is not part of this request). Short Term Rentals in the Vicinity , _._;;CD,ip 7,,..p\ 1 et 3d!—T tt. , a - _ ath NaVt, 1 4 .` l 4 t! el.— r t Illp 1 Short Term Rentals 1 t Status �" t e Approved \\\\1� �,.- \ i - _,...3 _ \ 1 i •• Denied \1`- 0 Under Review i "' R d- .,. 1. • Q Registered �f1 .. {��^�15` , 1 r k it !1 Vitia Updated on July 26, 2021 VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 3 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate Short Term Rentals at 205 34th Street.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. Unit Unit Unit Unit Unit 1601 1602 1603 1604 1605 Number of bedrooms in the 2 4 3 2 3 Short Term Rentals: Maximum number of 4—(As recommended in 8-(As recommended in 6-(As recommended in 4-(As recommended in 6-(As recommended guests condition#16) condition#16) condition#16) condition#16) in condition#16) permitted on the property after 11:00 pm: Number of parking spaces required 2 4 3 2 3 (1 space per bedroom required): Number of parking spaces 2 4 3 2 3 provided off-site: VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 4 S (\ OR \_ OR y �+ t Zoning History ol€= streA # Request '/J� , t ,a 1 CUP(Cellular Antenna)Approved 09/10/1996 �` ,'g�k oR' 2 CUP(Columbarium)Approved 02/12/2013 ._ built 3 OR , > . 3 NON (remove 3 multi-family dwellings and O 2 L. � �� townhomes)Approved 01/14/2014 • 4 STC(Street Closure)Approved 06/15/1983 v,1 "OR r OR 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—SubdivisionVariance Evaluation & Recommendation This high-rise apartment building is located in the Oceanfront Resort Form-Based Code District and is approximately 300 feet from the public beach of the Atlantic Ocean.The subject structure was constructed in 1949. At present,the building is primarily used for long term apartment rentals and is adjacent to commercial and hotel uses.One company manages all rentals within the building. It is the intent of the applicant to convert five existing long term rental apartment units into Short Term Rental uses. Based on the bedroom count provided by the applicant, the City Zoning Ordinance requires 14 off-street parking spaces for these five proposed Short Term Rental units. Due to the age of the tower,the existing apartment use does not meet the current minimum on-site parking standards for a mixed-use building located in the Oceanfront Resort Form-Based Code District. For clarity, 1.75 parking spaces per dwelling unit(Appendix 1, Section 6.2.2) are required; however, since this 266-unit apartment tower was constructed before the adoption of the City's first Zoning Ordinance,the existing parking space count of 258 is non-conforming. Based on this, it is the applicant's intent to lease all 14 required off-street parking spaces from the private parking garage located at 212 34th Street,which is adjacent to the subject property. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed this parking proposal and deemed it acceptable. In addition,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Due to possible conflicts that may arise regarding Virginia Building Code associated use changes, Staff has some reservations relating to the conversion of the existing Long Term Rental to Short Term Rental building use. Specifically, the Permits and Inspections Administrator noted concerns regarding the conversion of more than 10 units into Short Term Rentals, which, if completed, may necessitate a life safety analysis of the building. Because the applicant is presently requesting only five Short Term Rental units,the Permits and Inspections Administrator did not require such analysis; however, during the previous Planning Commission hearing, the applicant's representative was requested to provide additional life safety information pertinent to the building and the Short Term Rental requests. After speaking VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 5 with the applicant's representative on June 1, 2021, it is Staff's understanding that the he intends to provide the Planning Commission with the information requested. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 205 34th Street, Units 1601, 1602, 1603, 1604, 1605, and the Short Term Rental use shall only occur within these listed dwelling units. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Unless an alternative parking plan is approved by the Zoning Administrator, 14 off-street parking spaces located at an off-site parking facility approved by the Zoning Administrator must be continuously leased while the subject units are used for Short Term Rental Purposes. 4. Prior to using any proposed apartment unit for Short-Term Rental purposes, the 16th floor, which is where all five of the proposed Short-Term Rental units are located, must come into compliance with the Uniform Statewide Building Code. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 6 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 19. No more than five(5) dwelling units within the building located at 205 34th Street may be used for Short Term Rental purposes. 20. Standpipe connection shall be available on the 16th floor in the stairwell. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Three letters of opposition were received by Staff noting concerns related to this request (one letter is from a representative of three nearby property owners). • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12, 2021. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 7 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021, and August 1, 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 July 26, 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 August 5, 2021. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021, and August 29, 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 23, 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 September 3, 2021. • Three letters of opposition have been received by Staff noting concerns related to this request. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 8 Site Layout & Parking Plan 35th Street CC! !!l'A)MMM • i,.11 • / Ct-P "- Mayflower 't Parking Garage e II a) Q.) '' a -- :• a) V > CI- -- U c Mayflower � 4-0 _ t a. ~ to Apartment Tower 11 1 .i. ,.m 34th Street Private parking garage where 14 parking spaces will be leased (according to the applicant's representative) -, VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 9 Site Layout & Parking Plan him #� o C a r: i III dig i i 1 I i -- ' s, ii 7 . r 'ill I' % w ... - aa�rea S .'4-.'�a.. us 0 ili tf i- .. -" . e� - us a, i .14 • �•' . _' .. - _ ..... - '� M CBS a. CI. 212 34th Street (Parking Garage)* 205 34th Street 205 34th Street Bedroom Count 1601 - 2 bedroom 1602 - 4 bedroom 1603 - 3 bedroom 1604 - 2 bedroom 1605 - 3 bedroom Total off-street parking spaces required = 14 As per the applicant's representative,all 14 off-street parking spaces will be leased from the Gold Key parking garage at 212 34th Street. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 10 Site Photos 0 ► A, Ri 10° 1 I't� ty ?h.!� , :, 0 - : r,t) 0. a.. ' h1 M�.. t .` Ti Pt n :. ■ Y war ;lilt 41 /ate- i . 1 immadirez7 • 205 34'''Street 212 34`h Street(private parking garage) P•. '1 , r z ,•� ' a7[1 ' !MO,* t ' ... * m l ! rj-jj --- tt e: •e 14. - - 4,: VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 11 U 1, N J ,--I r-1 J - ai OA C f0 C d O !. 1M` L (Q ,` { 1. " �r I` 3 a .k I! i I , w s > Q I� I M \ >._ i I, N P . r In \ \` ,--rT ' - ,i, , ,, c _i w. 'i 1 ' I \‘'1 \'` t ' ' '-- '-- i ,, . , �11 „2 6....:.. 1 114.4 I: mat ''..'11.11r .,i- .. w tt u -- 1 li!' !tlit si 1 1 1 t ( I a w t � .Ib I 1` ti` ,. tap Q. G.) +r in Disclosure Statement Disclosure Statement NB crib ofroy'ru Bald, 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 Ctty Council or a City board,commission or other body. Applicant Disclosure Applicant Name VTS Lynd Mayflower Owner LLC Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. Robert P.Beaman III,Esq.-Troutman Pepper Hamilton Sanders LLP 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,t'ustees,etc.below (Attach a list if necessary) Please 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) Please see attached. "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 Conflkt 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,(ill a controlling owner In one entity Is also a controlling owner In the other entity,or(fil)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 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?0 Yes ®No • If yes,what is the name or 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-coilateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®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 17.1 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN 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 No • If yes,identify the purchaser and purchaser's service providers. / ` 21Page VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 14 Disclosure Statement Disclosure Statement i 65Y ufWA,aech 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. 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. Titan USA Commercial Real Estate 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?1E1 Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Troutman Pepper Hamilton Sanders LLP Applicant Signature I certify that all of the Information conta'ned 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 Applicant Signafdre Adarat LTV,,/ 1IsflG4 ft�vnea ----- --------- Print Name and Title 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/Ali disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting • that pertains to the applications l ® Nech•egernof I°M' 08-18-2021 N"'°' William Miller hint Name • . W 4411Maler Wage VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 15 Disclosure Statement -,• ',... ; ‘ .___. .. . . , . . . , . ,-..i.,, ::-,.1 7...z ,:, Pil..w. , _-- Same as applicant •-•,:-- ,.,- c•c--; `:1.'''')«;;r-'•L'i..-."=-N;=1 . - ----- '•- •,,,'-,,-, ,_,Z-:,-:::;;;=-?-,,,, i-1=',.T,i ...-;:•-,1 1 5 t , ... .. _ v . - .,_,...., . .•.-.. . _ ......, ,,, -2. _., - 1 --, , _ ._ ,-- - .= 2 -t.,--, - 0. --• - . .,, 1.:: 4 •.,..- ....... .i,. ---. .;,. = •-, . . \ _ . I g .t 1 .-g 3 ..... i 2-- 1 --.--.--i•-__-,- ,_ , _ .•if, • ' -, - `•?1- • • - - -. - ......._._ . . . _ . -: 1 1 • ,..: ..- ..;.-....,...r.:,- •_•.4 e- *-1..w..-44. ,,_•.6.1,tr. :— _ .. •- --..', -1"'" , .-::„T'_ -- , VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 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. VTS Lynd Mayflower Owner, LLC Agenda Items 13-17 Page 17 STR VICINITY __:AP VTS LYND MAYFLOWER OWNER, LLC.- 205 34TH STREET, UNITS 1601,1602,1603,1604, & 1605 ok _ iiih,,,,, .. ,,, \,,,r____,, 0. # ' .-- Ai) •- ee 033 . _ - - , . 111• AL44.---r--'-\\ - • ta\ ‘ As, . -‘-: ____::_, is" ----1, ,,, .. - \\------ A -.. re.---:--- \ p • ..../ AAe ii • -. '\ — a `3 a1:\ cif«' ?� E1'► W, , r i- fit' •_. ./ t t"- - 1 •t _ th '` S'i 1' \e ,..-.;•.„,1\ � r _f _l____i , \q,;000.' Short Term Rentals \ �' Status ti,},,I��t ee..� I Approved i Denied y \ . ‘' \ ' _ -�__ 0 Under Review ,1 �`b � - - V 0 Registered l y Updated on 07-29-2021 Items # 13, 14, 15, 16 & 17 VTS Lynd Mayflower Owner, LLC [Applicant& Property Owner] Conditional Use Permit (Short Term Rentals) 205 34th Street, Units 1601, 1602, 1603, 1604 & 1605 August 11, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Wall: Okay, thank you, Mr. Coston. That was the last item on the regular consent agenda. 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 support the applications and there are no speakers signed up in opposition. These are agenda items number 13, 14, 15, 16 and 17. Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items number 1, 8, 9, 10, 11 and Short-Term Rental items# 13, 14, 15, 16 and 17. Mr. Weiner: We have a motion for approval for the second. We have a motion Mr. Wall as second by Ms. Oliver and we have any one abstaining? Mr. Graham: I have a letter pursuant to the state and local government Conflict of Interest Act. I have a letter on file making the following declaration. The agenda item #1 is financed by Towne Bank and I hereby make this disclosure that I serve on an advisory board at Towne Bank,which makes no loan decisions. And I believe that I can participate in this vote. Mr. Weiner: Mr. Inman. Mr. Inman: Likewise, I would like to make the following declaration. Agenda item #1, being financed by Towne Bank. I serve on the Advisory Board of Towne Bank,and make no decision on loans and feel like I can participate fairly in this vote. Mr. Weiner Mr. Redmond, short term rentals. Mr. Redmond: Yeah, I am happy to do it now, we are not there yet, but...oh, we are there. Okay, I have a letter on file with the City Attorney's Office and have for some months. I have a client who is in the travel industry and has some business that is involved with short-term rentals, therefore, I do not vote on any Short-Term Rental applications or any of the ordinances with regard to Short-Term Rentals and I repeat that that letter,which I renew monthly is on file with the City Attorney.Thank you. 1 Mr. Weiner: Madam Clerk, that's everything. Madam Clerk: Okay, vote is open. By recorded vote of 9 in favor and 0 against agenda items 1, 8, 9, 10 and 11 have been recommended for approval. By recorded vote of 8 in favor, 0 against with one abstention. Agenda items 13, 14, 15, 16 and 17 have been recommended for approval. AYE 8 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Coston AYE _ Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond ABSTAIN _ _ Wall _ AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 205 34th Street, Units 1601, 1602, 1603, 1604, 1605, and the Short Term Rental use shall only occur within these listed dwelling units. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Unless an alternative parking plan is approved by the Zoning Administrator, 14 off-street parking spaces located at an off-site parking facility approved by the Zoning Administrator must be continuously leased while the subject units are used for Short Term Rental Purposes. 4. Prior to using any proposed apartment unit for Short-Term Rental purposes, the 16' floor, which is where all five of the proposed Short-Term Rental units are located, must come into compliance with the Uniform Statewide Building Code. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 3 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 19. No more than five (5) dwelling units within the building located at 205 34th Street may be used for Short Term Rental purposes. 20. Standpipe connection shall be available on the 16th floor in the stairwell. 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 From: William R.Landfair To: William N.Miller Subject: FW: Nov.4 Zoning Hearing-comments regarding Mayflower Apartments short-term rental request Date: Tuesday,October 20,2020 9:09:00 AM Will, I believe this item is scheduled for City Council tonight. See concerns raised by neighbor. Bill William R. Landfair,AICP Planning Evaluation Coordinator I Planning&Community Development I Planning Administration 2875 Sabre Street,Suite 500 I Virginia Beach VA 23452 (757)385-8745 From: Nadia<nadiadaoud7@gmail.com> Sent: Monday, October 19, 2020 2:27 PM To:William R. Landfair<WLandfair@vbgov.com> Subject: Nov.4 Zoning Hearing-comments regarding Mayflower Apartments short-term rental request CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live in the Mayflower, 205 34th St,Virginia Beach,VA 23451. They are requesting turning some units into short-term rentals. I have the following concerns: 1-The renters who already live here and have leases should be able to exit their lease without penalty or"buy-out"fee if the building is allowed to short-term rent some of the apartments. I signed my lease believing it is a long-term rental apartment building and would like the option to leave if those circumstances change. Short-term renters will not treat the apartment like their homes. 2- I'm concerned that renters coming and going will add to the ongoing concerns that many residents already have at the Mayflower. Short-term renters will be more careless and not treat the apartments like their homes. The management will need to step up the cleaning, encourage or require masks in elevators and common areas, have some after-hours security on site,treat more often for roaches, etc. 3-We are billed for utilities based on community use. That includes sewer, electricity, and water. How will the residents who have leases know that they are not being charged for the utilities used in the short-term rentals? Thank you, Nadia Daoud Apt 1119 Mayflower Apartments I LI SHAMIN HOTELS Mr. Robert J. Tajan, AICP, CFM Director of Planning& Community Development City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach,Virginia 23452 Dear Mr. Tajan; October 27, 2020 Thank you for the vast improvements in the Planning of the region and Development within the Community since your appointment. We are very grateful for your efforts to grow the region carefully with a mindset on the long term for the residents and visitors of Virginia Beach. The purpose of this letter is to comment on and provide our input for the Special Public Hearing of the Virginia Beach Planning Commission scheduled for November 4, 2020 regarding VTS Lynd Mayflower Owner,LLC conditional use permits(short term Rentals)as invited to do so in certified mailing of October 20,2020. Bobby, I represent the owner-operator of each of the following properties: 3001 Atlantic LLC,DBA Hilton Virginia Beach Oceanfront 3315 Atlantic LLC,DBA Hilton Garden Inn Virginia Beach Oceanfront 3501 Atlantic LLC,DBA Sheraton Virginia Beach Oceanfront As a hotelier for over four decades, I can honestly say the City of Virginia Beach has done a magnificent job of repositioning the Oceanfront as a first class destination through controlled growth with specific guidelines for development. I recently studied the RASAP Steering Committee work on the Virginia Beach Resort Area Strategic Action Plan 2030 and again was convinced of the exceptional work and community cooperation that is being done to guide development with care. That said, we are opposed to the issuance of"Short Term Rental"permits to apartment owners near the Atlantic and Pacific corridor. The time and attention to properly regulate, inspect, and ensure safe accommodations in an apartment building would deter enforcement from the Resort Area. This would result in a decrease in the quality reputation so many have worked so hard to build for the Region. To sustain the style of hotels and resort facilities, competition from Short Term Rentals would detract from the revenue stream necessary for hotel projects already built or being built need to survive. Sir, in closing we oppose the issuance and even the consideration of Short Term Rentals at 205 34th Street. I would appreciate our opinion being known to the Planning Commission. Yours in hospitality, Mark Yardis Vice President of Operations Shamin Hotels 2000 Ware Bottom Spring Road • Chester,Virginia 23836 • Phone 804-777-9000 • Fax 804-777-9600 • Online www,.ShaminHotels.com From: Qsh!]_Mnss To: William N.Miller;David E.Sharp Cc: Robert"Bobby"J.Tajan Subject: Mayflower Complaints Date: Thursday,August 5,2021 8:05:35 AM Attachments: Screenshot 20210731-024807-690.ong Passing along complaints regarding STRs at the Mayflower from a Mayflower resident. Copying David as there are some references to continued work by unlicensed contractors, but P&I staff are already on the case. Ashby Moss (757)385-2904 From:Timothy Mann <timothymann2691@gmail.com> Sent:Wednesday, August 4, 2021 10:01 PM To:Ashby Moss<Amoss@vbgov.com> Subject: 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. Good morning, This email is simply written to inform your office of the status the Mayflower tenants are currently dealing with on a day to day basis. I understand some of these issues and problems are beyond the control of your office, but we hope that you will forward them to the proper officials for resolution. Currently,the Mayflower Apartments management has been operating a full scale hotel with short- term rentals, they have applied for a permit and listed the units they wished to utilize. They have not been honest with the city and listing more units then previously started. The attached photos taken last weekend will show the advertising place under a different name,this is being done to limit the information going back to the city of Virginia Beach to not comply with required taxing and letting the city of Virginia Beach to have any knowledge of their activities. Residents have made inquiries to the Mayflower management as to short-term rentals and they have replied, "we are not doing short-term rentals". They have actually been performing short term rental since last year and only a slight reprieve before the placing the application for a permit this year. Since the city's last decision on short-term rentals,they stepped up short-term rentals to at least four units a night on weekdays and I and unable to provide a true count on the weekends. Attached are photos taken last weekend in the parking garage with the cars parking passes utilized and given to the short term renters by the Mayflower management. Tenants are required to pay the sum of$50.00 a month for parking and now are unable to find a parking space due to the short term rentals. Furthermore, I have attached the Airbnb advertisement indicating the check-in, check out times and a photo of people checking out. Moving on,the unlicensed contractors are continuing with their work and I can only imagine that they are securing inspections as I see no permits posted as required by the city of Virginia Beach. The residents continue to have unscheduled water cutoffs and they have even changed up to perform this work after works as to not require city inspections. The overall cleanliness is worst than ever and they currently have no employees to maintain the. Hallways and breezeways. There is rotting food and trash sitting around for days. Additionally, Mayflower management has been posting signage in the elevators due to pet feces and urine in the hallways and lobby. You can also see from a photo of a contractor storing his tools and materials blocking off a fire exit on the 12th floor.This has been blocking the stairwell for over two weeks now.They are also taping off the strobes associated with the fire alarm and leaving them covered for weeks. 12th and 3rd floor. Recently,the swimming pools were closed thankfully due to your inspectors catching health violations and not allowing them to open until corrections were made. Thank you. The pool was closed the other day as they have not been putting in the proper chemicals and turned green.This is going to continue to be a problem. In closing, I understand being a bad business is not against the law, but what is going on here is a criminal enterprise. They are operating and will operate regardless of laws, health and safety of others in pursuit of turning a profit. Approaching your office has been the most action we have have been able to receive since Lynd (Mayflower management) has taken over the building. Requesting your office to prosecute the Mayflower management for conspiring to void taxes and having unlicensed contractors perform structural and electrical work that may or may not conform to code may come back to haunt the city of Virginia Beach if another electrical fire results in loss of life or limb.This action still needs to be enforced. Others tenants, are disappointed and continue to think they have no hope. There are so many issues. If you need any additional information, please feel free to contact me. Sincere, I am. Tim rAG2 AG2 Ro p aa - �, LAGIAG1� • as- � • AG2 o ° o o Q a o AG-1 — — a - 0 CO 11 ES. III AG2 a u b q \ % tic AG2 CI F 7AG2/&/A /1r. 00 11 IN o ° o AG1 �60 o ed o AG 1 0 n \ AG2 N _ o ---------- v\it,- rA Site WA', . Jerrett Simmons �w' 1. Property Polygons 2841 W. Gibbs Road S QZoning Building — Feet 0 80160 320 480 640 800 960 I 1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: JERRETT SIMMONS [Applicant] JERRETT SIMMONS & MARLENA BEGLEY- SIMMONS [Property Owners] Conditional Use Permit (Alternative Residential Development) for the property located at 2841 W. Gibbs Road (GPIN 1397352303). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 7, 2021 ■ Background: This is a request for a Conditional Use Permit for Alternative Residential Development to construct a 2,719 square foot single-family dwelling on the property. The property is currently developed with a farm and has been operating as such since 2012. The intent of this request is to satisfy a note on the subdivision plat recorded in 2008 which states "Parcel B is not a building site until a Conditional use Permit for Alternative Residential development has been approved by the Virginia Beach City Council and approval for the installation of an on-site sewage disposal system and a private well has been granted by the Virginia Beach Department of Public Health." The applicant has obtained approval from the Virginia Beach Department of Health and the on-site sewage disposal system and private well have been installed on the property. The two-story single-family dwelling will be built on a raised slab with a brick skirt and has some architectural elements as outlined in the Rural Area Design Guidelines, such as a front porch, pitched roof lines, and side-loading garage. • Considerations: In Staff's view and the Planning Commission concurred, the Conditional Use Permit for Alternative Residential Development to construct one single-family dwelling is consistent with the surrounding residential development pattern along this portion of West Gibbs Road. The overall residential density for Alternative Residential Development is determined by the quality of the soil types. The maximum density for soil area 1 is one dwelling unit for each five acres of land and for soil area 2, the maximum density is one dwelling unit for each 10 acres of land. The applicant is requesting to construct one dwelling unit on this property, satisfying this requirement. The request is consistent with the goals and policies set forth in the Comprehensive Plan for the Rural Area. The proposed dwelling and continued use of the property for the small-scale operation will be consistent with the area. As outlined in the Rural Area Design Guidelines, a minimum 50-foot wide vegetative buffer is recommended to screen the residential development from adjacent agricultural operations. The applicant has requested a deviation to this request and has agreed to maintain the existing plantings on the property which Jerrett Simmons Page 2 of 2 provide screening to adjacent properties. Staff and the Planning Commission support the deviation. 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 August 11 , 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 9-0. 1 . When the property is developed, it shall be in substantial conformance with the site layout entitled "SITE PLAN OF PARCEL B, SUBDIVISION OF PROPERTY, VIRGINIA BEACH, VIRGINIA", prepared by Tim Fallon Land Surveyors, LLC, dated March 30, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled " PLANS PREPARED FOR: TUCKER HOMES, THE MYRTLE MODEL, EXTERIOR ELEVATIONS", prepared by Mayfield Designs, Inc., dated March 31 , 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. There shall be no more than one single-family dwelling located on this lot. 4. The existing landscaping and planting areas surrounding the property, as depicted on the attached plan on file with the Department of Planning shall be maintained. 5. The 50-foot wide, vegetative buffer shall not be required and is a deviation to the landscape buffer requirements set forth in the Rural Area Development Guidelines of the Comprehensive Plan. • 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: //h9 Applicant Jerrett Simmons Agenda Item Property Owners Jerrett Simmons & Marlena Begley- Simmons c'uyof 1 Planning Commission Public Hearing August 11, 2021 Virginia Beach City Council Election District Princess Anne Request Conditional Use Permit (Alternative Residential Development) 1 74 Staff Recommendation Approval Staff Planner Marchelle Coleman w r Location 1111 e 2841 W. Gibbs Road a �-,..` GPIN ) 1397352303 — / Site Size 11.75 acres ce. ` AICUZ Cray.Caosew'r Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District q F Farm/AG-1 &AG-2 Agricultural i ^ tlpion'n. . ,` 444 Surrounding Land Uses and Zoning Districts �➢[ ' 4 V•-": '+ '1 m-isrel North ? ,,, �:� ,1.t a. Single-family dwelling,/AG-2 Agricultural '�-- we: "• o South ; i Single-family dwelling, cultivated fields/AG-1 & _.7 ;' _ i �,,,0;+ AG-2 Agricultural r _. '` '-:-- East i,';.. '. ;:, '� ,' z Cultivated fields/R-SD Residential, AG-1 A Agricultural rastr.+t West - _ Alt�'-" i Single-family dwellings/AG-2 Agricultural .� _ i 1 " ' Jerrett Simmons Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Alternative Residential Development to construct one single-family dwelling on this 11.75-acre parcel zoned AG-1&AG-2 Agricultural District. • The intent of the request is to satisfy a note on the Subdivision plat recorded in 2008 which states "Parcel B is not a building site until a Conditional Use Permit for Alternative Residential Development has been approved by the Virginia Beach City Council and approval for the installation of an on-site sewage disposal system and a private well has been granted by the Virginia Beach Department of Public Health." • The applicant has obtained approval from the Virginia Department of Health for an on-site sewage disposal system and private well,which was recently installed on the property. • The property is currently developed as a farm with horses, chickens,and goats and has been operating as such since 2012. Prior to the applicant owning the property,the land was farmed for soybeans and corn. • The applicant is seeking to construct a 2,719 square foot single-family dwelling to live on the property to care for the animals.The two-story single-family dwelling will be built on a raised slab with a brick skirt, as shown on pages seven and eight of this report.According to the applicant,the exterior will consist of white vinyl siding with black shutters. _ 1111 O r a ri, 9 0 41111 % ra — 6 Zoning History , I # Request 1 SVR Approved 04/05/2017 . lit • 0 2 SVR Approved 07/06/2004 Eft Applicatfoin�" 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 Conditional Use Permit for Alternative Residential Development, in Staff's opinion, is acceptable.The applicant's family has been operating the farm on the property since 2012. The applicant's intention to construct a single-family dwelling on the property in order to continue small-scale agricultural use of the property meets the recommendations outlined in the Comprehensive Plan's Rural Residential Guidelines.These Guidelines include maximizing the opportunity for agricultural or similar compatible activities as part of a residential development and avoiding fragmenting or dividing remaining farmland and open space into small lots. Jerrett Simmons Agenda Item 1 Page 2 The proposed dwelling and continued use of the property for the small-scale operation will be consistent with the surrounding residential development pattern along this portion of Gibbs Road. Some elements of the architectural design of the dwelling are consistent with the recommendations in the Rural Area Design Guidelines,such as a front porch with simple porch columns, pitched roof lines, lap siding, Board and Batt siding,and a side-loading garage. The maximum number of dwelling units permitted under a Conditional Use Permit of Alternative Residential Development is based on the quality of soils.The property consists of three soil types: Bojac Fine Sandy Loam, Munden Fine Sandy Loam,and Dragston Fine Sandy Loam. Bojac Fine Sandy Loam and Munden Fine Sandy Loam are soil area 1 soils and are considered well drained soils with high water table ranges from 1.5 to more than 4 feet. Dragston Fine Sandy Loam is a soil area 2 soil and is characterized as a poorly drained soil with high water table ranges from 0 to 1.5 feet. According to the Zoning Ordinance,for soil area 1 the maximum density shall be one dwelling unit for each five acres of land and for soil area 2,the maximum density shall be one dwelling unit for each 10 acres of land.The applicant is requesting to construct one dwelling unit on this nearly 12.0-acre parcel. Staff deems this to be an appropriate density for this site. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan,a minimum, 50-foot wide,vegetative buffer shall be installed between proposed residential structures and abutting agricultural operations.The applicant is seeking a deviation to this requirement. Staff supports maintaining the existing trees and shrubs along the property lines,as noted in Condition 4,which will meet the intent of this requirement. In Staff's opinion,the request to deviate is warranted and is being requested through the provisions of Section 221(i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Staff recommends approval subject to the conditions below,as it meets the intent of the Comprehensive Plan and the Rural Area Design Guidelines. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SITE PLAN OF PARCEL B,SUBDIVISION OF PROPERTY,VIRGINIA BEACH,VIRGINIA", prepared by Tim Fallon Land Surveyors, LLC, dated March 30, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size,and materials to the submitted elevations entitled "PLANS PREPARED FOR:TUCKER HOMES,THE MYRTLE MODEL, EXTERIOR ELEVATIONS", prepared by Mayfield Designs, Inc.,dated March 31, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. There shall be no more than one single-family dwelling located on this lot. 4. The existing landscaping and planting areas surrounding the property,as depicted on the attached plan on file with the Department of Planning shall be maintained. 5. The 50-foot wide,vegetative buffer shall not be required and is a deviation to the landscape buffer requirements set forth in the Rural Area Development Guidelines of the Comprehensive Plan. 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. Jerrett Simmons Agenda Item 1 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rural Area.The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms,equestrian facilities,wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental,scenic,and agricultural resources against inappropriate activities and intense growth. 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 the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic W.Gibbs Road No Data Available 11,200 ADT' LOS°"D„ Existing Land Use Z—0 ADT Proposed Land Use 3-10 ADT 1 Average Daily Trips 2 as defined by an agricultural 3 as defined by a single-family 4 LOS=Level of Service use dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) W. Gibbs Road, in the vicinity of this application, is currently a two-lane undivided rural road.There are no plans to widen West Gibbs Road at this time. Public Utility Impacts Water&Sewer City water&sewer is not available to the property. Health Department approval is required for private wells and septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021 and August 1, 2021. Jerrett Simmons Agenda Item 1 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 July 26, 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 August 5, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 22, 2021 and August 29, 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 23, 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/Bookma rkedAgenda.pdf on September 3, 2021. Jerrett Simmons Agenda Item 1 Page 5 Proposed Site Layout ,..-# ' .0,1 PO I i r E4 . flit 1 WI (2 0 .I.® ; ! I, -1 ii ii t, ICI li u ... 1 ...a li . k . o • k----------- i tilli' i` sqlii I G $ rR I Ji ° .. aw.ii i , ' ' t II li1 ! Hi 11 = ill �� t�E!,Eti-t -c s a i!1 - Iii ila 51l i ihi lid! i��t j$ r � 4jri 1p:1#1 ' 1 Pr Y 1. ak 1 1a!R ilh;:ia'siai: add la 5 11 Jerrett Simmons Agenda Item 1 Page 6 Existing Landscaping & Planting Areas >- cZ ao ' a) o -= ro r6 "- c a0 a ra Q @ IIII ro I 1 CZ n- ii L v, Q n ro .— v vvi = — a, Q Q (!) rV ♦ , i . • t .‘ t14.-T-----.--\ -0 2 'lb • n ..—l+ - ,',' siltt ir ir--, ..........,...______„..,..._,___ . ......• 1 '� ;e • ♦ Nil , • , 4 I % ..,�, .,.. wry___._ Or IAC abAr i rw •t i. fe s' iiii etis Jerrett Simmons Agenda Item 1 Page 7 Proposed Elevation Plan VV- riiB�iigp t OIY�6T - j 47--1---- - - -.--.Z..-.----- •--7-F-- i II. -! 14,7\.,., - ---- p ., ' \„ill,: 1 EN a _ • .„ 1 AILL!..uu % 1 iii I I iii iii ( . POIMMUMM _I a41h1EMR. - IIMIMI.lib: _--x is I 111,1'. I ill 'I g I I::iii 1 '-i _ I NI I I M.MI Hid 1111111111 it I ! 11 OD 111111 - 1 Ma .m. RTQlY1PGE 5AR - FRONT ELELVATION w..o ,J� •\ u �� c eOs _� G u VAIlk • r...muw — _ ssaw�rir .an r.._I mgr., 1 I11 ...... _— _ +a�aaay. (i _ —_ inMI,.nca‘-- - - \ - ....___.- - —— — ---.� _ ---"....--- 1 K""' --,. -- t ; ®( • III _QI3O____ on - LEFT SIDE ELEVATION V,.1 Jerrett Simmons Agenda Item 1 Page 8 Proposed Elevation Plan x6W or- NIrM WNW. __ 1nYJl •llll 2 Moe laws 11111111831 113 1111 I��II �IfLil ; ;E;P • .� - o Oft RI&HT SCE ELEVATION w•�o T in 1111111 ni iii I( - i - 1111111111. - w - f ones' t 11111111t— t.s.._ REAR ELEVATION r•�e Jerrett Simmons Agenda Item 1 Page 9 Site Photos t_. 7 rx ��` , 4 3v;f dvf J 4 YV Cti" . ti > c • • ,Y Jerrett Simmons Agenda Item 1 Page 10 Site Photos �=i ' ,;41:1-V-1-..;"''''' . ''-'1-4...'''''''7 rf 4 ... 44-. . ,,, ,., .,. . ,. ...., . ...... F i Yt 1 r - Jerrett Simmons Agenda Item 1 Page 11 Site Photos Appw Jerrett Simmons Agenda Item 1 Page 12 Disclosure Statement Disclosure Statement r .: _ 2-12B ' c. s Planning&Communit Development y.. 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 _ Serre.k-• - 3* `AVIOnS Does the applicant have a representative? 0 Yes sr No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes 3 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) 2"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 1 I I'a c Jerrett Simmons Agenda Item 1 Page 13 Disclosure Statement r r Distlosure 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 li'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? El 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/tand planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ZI 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 54 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I ' Jerrett Simmons Agenda Item 1 Page 14 Disclosure Statement ` Disclos_ure Statement• ° , �' •`' ` • t++�•+++�6�' f 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?X Yes ❑No • if yes,identify the company and individual providing the service. —T"u C _ 14 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?KI Yes ❑No • If yes.identify the firm and individual providing the service. Tim Fallon Land Surveying,PLLC 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 cikNo • 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 Derr• 11 M C "ova,o Print Name and Title 0i/11/2o1 j 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 ® Mo Ganges••of pat' 8/17/2021 sI`ndure Marchelle L. Coleman Revised 11.09.2020 3 l `" Jerrett Simmons Agenda Item 1 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. Jerrett Simmons Agenda Item 1 Page 16 Item # 1 Jerrett Simmons [Applicant] Jerrett Simmons & Marlena Begley-Simmons [Property Owners] Conditional Use Permit (Alternative Residential Development) 2841 W. Gibbs Road August 11, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. Next we will move on to the consent agenda and our Vice Chair Wall will take over the consent. Mr. Wall: 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. We have five items on the consent agenda today. First item is Jerrett Simmons for Conditional Use Permit for Alternative Residential Development at 2841 West Gibbs Road. Is there a representative for this item? Please come up. Please state your name for the record. Mr. Simmons: Jerrett Simmons. Mr. Wall: And are the conditions of the application acceptable? Mr. Simmons: Yes. Mr. Wall: Okay. Mr. Simmons: Thank you. Mr. Wall: Is there any opposition for this -- is there any opposition for this item being placed on the consent agenda? Hearing none, we've asked Mr. Horsley to read this into the record. Mr. Horsley: Thank you Mr. Wall. First of all, the first thing I've got to read this letter pursuant to these State and Local Government Conflict of Interest, I'm making the following declaration. I'm executing this written disclosure regarding the Planning Commission discussion and vote at the August Planning Commission meeting on Item #1 one, Jerrett Simmons, 2841 West Gibbs Road. I farm the property to the rear of the applicant's property. However, there are more than three adjacent properties. So, I'm a member of a group. As such, I derive no financial interest from this application. Therefore, I will disclose that I am a member of a group of adjacent properties that have no financial interest in this application, and I will vote. Please 1 record this declaration in the official record of the Planning Commission. Now to the real business.The applicant for this application is requesting a Conditional Use Permit for Alternative Residential Development to construct one single family dwelling on this slightly less than 12 acre parcel of AG1 and AG2 agricultural land. This is kind of a normal thing that happens down in a rural area. The question to me was why there was a statement put on the subdivision plat and I will read that subdivision plat. Statement, the intent of the request is to satisfy a note on the subdivision plat record in 2008, which states Parcel B is not a building site until a Conditional Use Permit for Alternative Residential Development has been approved by the Virginia Beach City Council and approval for the installation of an onsite sewage disposal system and private well have been granted by the Virginia Beach Department of Public Health. So that being said, we still don't know why that was put on the subdivision plat because most all homes down there have to have a health permit for a septic system and a well, so really whether that is on the plat or not. So anyway, there couldn't be any reason for that found for putting that on the plat, but this is a very normal thing to build single-family dwellings on the sized parcel down there. So there wasn't any objection, we just wanted to clarify that one little glitch, so we decided to put it on the consent agenda. Thank you. Mr. Wall: Okay, thank you, Mr. Coston. That was the last item on the regular consent agenda. 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 support the applications and there are no speakers signed up in opposition.These are agenda items number 13, 14, 15, 16 and 17. Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items number 1, 8, 9, 10, 11 and Short-Term Rental items# 13, 14, 15, 16 and 17. Mr. Weiner: We have a motion for approval for the second. We have a motion Mr. Wall as second by Ms. Oliver and we have any one abstaining? Mr. Graham: I have a letter pursuant to the state and local government Conflict of Interest Act. I have a letter on file making the following declaration. The agenda item #1 is financed by Towne Bank and I hereby make this disclosure that I serve on an advisory board at Towne Bank,which makes no loan decisions. And I believe that I can participate in this vote. Mr. Weiner: Mr. Inman. Mr. Inman: Likewise, I would like to make the following declaration. Agenda item #1, being financed by Towne Bank. I serve on the Advisory Board of Towne Bank,and make no decision on loans and feel like I can participate fairly in this vote. Mr. Weiner Mr. Redmond, short term rentals. 2 Mr. Redmond:Yeah, I am happy to do it now, we are not there yet, but...oh, we are there. Okay, I have a letter on file with the City Attorney's Office and have for some months. I have a client who is in the travel industry and has some business that is involved with short-term rentals, therefore, I do not vote on any Short-Term Rental applications or any of the ordinances with regard to Short-Term Rentals and I repeat that that letter,which I renew monthly is on file with the City Attorney.Thank you. Mr. Weiner: Madam Clerk, that's everything. Madam Clerk: Okay, vote is open. By recorded vote of 9 in favor and 0 against agenda items 1, 8, 9, 10 and 11 have been recommended for approval. By recorded vote of 8 in favor, 0 against with one abstention. Agenda items 13, 14, 15, 16 and 17 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SITE PLAN OF PARCEL B, SUBDIVISION OF PROPERTY, VIRGINIA BEACH, VIRGINIA", prepared by Tim Fallon Land Surveyors, LLC, dated March 30, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled " PLANS PREPARED FOR: TUCKER HOMES, THE MYRTLE MODEL, EXTERIOR ELEVATIONS", prepared by Mayfield Designs, Inc., dated March 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. There shall be no more than one single-family dwelling located on this lot. 3 4. The existing landscaping and planting areas surrounding the property, as depicted on the attached plan on file with the Department of Planning shall be maintained. 5. The 50-foot wide, vegetative buffer shall not be required and is a deviation to the landscape buffer requirements set forth in the Rural Area Development Guidelines of the Comprehensive Plan. 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 tij CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: City of Virginia Beach - Ordinances to amend the City Zoning Ordinance pertaining to Short Term Rentals: To amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and establishing additional safety requirements. RECONSIDERATION: An Ordinance to amend Section 102 of the City Zoning Ordinance establishing Short Term Rental Overlay Districts - North End and Oceanfront Resort; An Ordinance to amend the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts - North End and Oceanfront Resort District MEETING DATE: September 7, 2021 (Originally Introduced: July 13, 2021) • Background: At the July 13, 2021 meeting of the City Council, two versions of the above- referenced ordinances were introduced: the Planning Commission version and the City Council Alternatives. Council chose to move forward the City Council Alternatives, and by doing so dispensed with the Planning Commission version. Amendments to §241.2 of the Zoning Ordinance were deferred to the September 7, 2021 meeting. If approved, this ordinance would amend §241.2 of the City's zoning ordinance which contains the general requirements for all STRs. Items in this ordinance include the following: • Require a four (4) square-foot sign stating the property is an STR and the contact number of the responsible party be posted on the property and visible from the street. • Grandfathered STRs not used for two (2) years would expire. • All Conditional Use Permits granted in areas where they are no longer permitted would be considered grandfathered and would not expire in five (5) years. • Require an onsite inspection of STRs for smoke alarms, carbon monoxide detectors and fire extinguishers and allow for third party inspections. • Add that any violation of a local, state or federal law or regulation could be grounds for revocation. City of Virginia Beach — Short Term Rental Overlay Districts Page 2 of 2 • Require structural inspections by a Registered Design Professional for decks every three (3) years and require the posting of the maximum occupancy for the deck. • Require that during the yearly Zoning Permit process a ledger noting the number of rentals and occupants per rental be provided to the Zoning Division. The City Council also voted to reconsider the amendments to §102 of the City Zoning Ordinance and the amendments to the Zoning map to create the North End and Oceanfront Resort. During the reconsideration vote, Councilmembers noted the intent to only discuss the Oceanfront Resort Short Term Rental Overlay District. An alternative reflecting this discussion is included in this request. • Considerations: The STR Ordinances were referred to the Planning Commission by City Council for consideration on October 20, 2020. The Planning Commission held numerous workshops and public outreach opportunities. The STR Ordinances were considered by the Planning Commission at its March 2021 meeting and was, recommended for approval with several modifications from City Council's initial draft. On July 6, 2021 the City Council chose to only review the City Council alternative ordinance and voted to not create any new Short Term Rental Overlay districts in the City. The alternative ordinance only considers the Oceanfront Resort STR Overlay District and removes the North End STR Overlay District. During the August 24, 2021 City Council Workshop, Councilmembers did not have any further changes to the Council Direction Ordinance, however subsequently had concerns of when the two-year Grandfathering expiration would be calculated and if the required sign providing the responsible party should be required for multifamily properties. • Attachments: Ordinance — City Council direction (§241.2) Ordinance — City Council direction (§102 and Zoning Map Amendment) Ordinance — City Council Alternative (§102 and Zoning Map Amendment) Submitting Department/Agency: Planning Department £i City Manager: REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 241.2 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO 3 SHORT TERM RENTALS AND ESTABLISHING 4 ADDITIONAL SAFETY REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 7 241.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 241.2. - Short term rental. 16 Short term rentals shall be subject to the following conditions unless specifically 17 modified by action of the city council in granting a conditional use permit or creating a 18 short term rental overlay district: 19 20 (1) Any property utilized as a short term rental shall provide adequate off street parking 21 for its guests. A minimum of one parking space per bedroom is required. If such parking 22 cannot be provided on-site, the owner must submit a parking plan indicating how the 23 parking requirement will be met. Such plan shall be reviewed and approved by the 24 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 25 shall be part of the plan; 26 27 (2) No events with more than fifty (50) people present, shall be held absent a special 28 events permit. Events with more than fifty (50) people are limited to no more than three 29 (3) events in a calendar year. No more than one hundred (100) people shall be present 30 at any event held on the property; 31 32 (3) The owner or operator must provide the name and telephone number of a 33 responsible person, who may be the owner, operator or an agent of the owner or 34 operator, who is available to be contacted and to address conditions occurring at the 35 short term rental within thirty (30) minutes. Physical response to the site of the short 36 term rental is not required; 37 38 (4) No signage shall be on site, except that each short term rental shall have one (1), 39 four-square foot sign. posted on the building, or other permanent structure approved by 40 the zoning administrator, visible from the public street, that which identifies the property 41 as a short term rental and provides the telephone number for the responsible person in 42 text large enough to be read from the public street. Architectural signs naming the 43 structure are excluded; ; 44 45 (5) To the extent permitted by state law, each short term rental must maintain 46 registration with the Commissioner of Revenue's office and pay all applicable taxes; 47 48 (6) There shall be posted in a conspicuous place within the dwelling a summary 49 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 50 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 51 (fireworks), and a copy of any approved parking plan; 52 53 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 54 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 55 56 (8) A short term rental shall have no more than two (2) rental contracts during any 57 consecutive seven (7) day period; 58 59 (9) The owner or operator shall provide proof of liability insurance applicable to the 60 rental activity at registration and renewal of at least one million dollars ($1,000,000.00) 61 underwritten by insurers acceptable to the city; 62 63 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 64 65 (11) The maximum number of persons on the property after 11:00 p.m. and before 7:00 66 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom; 67 68 (12) Any short term rental that has registered and paid transient occupancy taxes to the 69 Commissioner of the Revenue prior to July 1, 2018 shall be considered grandfathered 70 and shall not be required to obtain a conditional use permit, but must meet the 71 conditions of section 241.2. Any expansion of the footprint of the dwelling housing the 72 short term rental that expands the overall square footage by more than twenty-five (25) 73 percent or one thousand (1,000) square feet, whichever is less, shall have its 74 grandfathered status revoked and must immediately come into compliance with the 75 Zoning Ordinance to continue such use. Grandfathered 76 status shall run with the land. However, any grandfathered short term rental that 77 continuously remains vacant. or not used as a short term rental, for a period of two (2) 78 years or more shall lose its "grandfathered" designation: 79 80 (12.1) Any short term rental that received a conditional use permit between November 81 1, 2019 and June 15, 2021 and that is located within a zoning district where short term 82 rentals are not a permitted or conditional use, shall be considered grandfathered and 83 shall be permitted to continue subject to the conditions of section 241.2 (1) through (15) 84 and (17) as modified by the terms of the conditional use permit: 85 86 (13) 87 , 88 ; The property 89 owner or their representative shall provide to the City Planning Department permission 2 90 for zoning inspectors to inspect the short term rental property annually. Such inspection 91 shall include: 1) at least one fire extinguisher has been installed inside the unit, in plain 92 sight; and where it is located, 2) all smoke alarms and carbon monoxide detectors are 93 installed in accordance with the building code in affect at the time of construction and 94 interconnected. Units constructed prior to interconnection requirements must have a 95 minimum of one smoke alarm installed on every floor of the structure and in the areas 96 adjacent to all sleeping room and when activated, be audible in all sleeping rooms, and 97 3) all smoke alarms and carbon monoxide detectors have been inspected within the last 98 12 months, and are in good working order. 99 100 Properties managed by Short Term Rental Management Companies certified by the 101 Department of Planning shall only be required to be inspected every three years. The 102 inspection for compliance with the requirements above shall be performed by the Short 103 Term Rental Management Company and be documented on a form prescribed by the 104 Planning Department and shall be provided during the yearly permitting process. 105 106 Properties may be inspected annually for compliance with the requirements above by 107 certified Short Term Rental Management Companies or certified Home Inspectors. The 108 compliance inspection shall be documented on a form prescribed by the Planning 109 Department and shall be provided during the yearly permit process. 110 111 (14) Accessory structures shall not be used or occupied as short term rentals; 112 113 (15) In addition to other remedies available for violations of the city zoning ordinance, 114 upon the occurrence of a violation of the provisions of this section; a violation of any 115 local, state or federal law or regulation: a violation of a condition imposed in a 116 conditional use permit; or if the conditions for grandfathered status are no longer 117 satisfied, the city council may revoke the conditional use permit or grandfathered status 118 of a property after notice and hearing as provided in Code of Virginia § 15.2-2204; 119 provided, however, that written notice as prescribed therein shall be given at least 120 fifteen (15)days prior to the hearing_ 121 122 (16) All conditional use permits issued for short term rentals shall expire five (5) years 123 from the date of adoption. The renewal process of the conditional use permit will be 124 administrative and performed by the planning department; however, the planning 125 department shall notify the city council in writing prior to the renewal of any conditional 126 use permit for a STR, where the STR has been the subject of neighborhood complaints, 127 violations of its conditions or violations of any building, housing, zoning, fire or other 128 similar codes; and 129 130 (17) A structural safety inspection report shall be provided to the city aai)y every 131 three (3) years indicating all exterior stairways, decks. porches and balconies have 132 been inspected by a licensed design professional, qualified to perform such inspection, 133 and are safe for use. The report must indicate the maximum number of occupants 134 permitted on each level of these structures and placards indicating the maximum 3 135 number of occupants of all exterior stairways, decks porches and balconies must be 136 posted on each level of these structures; 137 138 (18) When obtaining a Zoning permit for an STR owners or their agents shall present to 139 the Zoning Division a listing on a form prescribed by the Zoning Administrator the 140 number of rentals for the past year, when they occurred and the number of occupants 141 for each rental. No identifying information for the visitors is required. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY 1764}V--- Planning Depertment City A orney's Office CA15175 R-11 June 30, 2021 4 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — NORTH END AND 5 OCEANFRONT RESORT 6 7 Section Amended: § 102 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 102 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 102. - Establishment of districts and official zoning maps. 20 21 . . . . 22 23 (al) There are hereby established the following overlay districts: 24 25 (1) Shore Drive Corridor Overlay District("SD"); 26 27 (2) North End Overlay District ("NE"); 28 29 (3) Old Beach Overlay District("OB"); 30 31 (4) Historic Kempsville Area Overlay District ("HK"); 32 33 (5) Workforce Housing Overlay District("WF"); and 34 35 (6) Short Term Rental Overlay District("STR"). 36 37 a North End ("STR-NE") 38 b. Oceanfront Resort ("STR-OR") 39 40 Such districts shall be designated on the official zoning map by an appropriate notation 41 following the designation of the underlying zoning district. As an illustration, property in 42 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 43 designated on the official zoning map as having the classification "B-4(SD)." 44 45 . . . 46 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: 7-1)241 4 Planning Depart ent City Attomey's Office CA15136 R-7 June 3,2021 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICTS—NORTH END; AND OR 6 DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the areas described below: 16 17 1) That property located in the North End Overlay and depicted as such on the 18 Official City Zoning Map except for that area located west of the intersection of 19 Holly Road and 58th Street; south to 49th Street as shown by the attached map 20 labeled "Short Term Rental Overlay—North End;" 21 22 2) That property located in the City of Virginia Beach,zoned as Oceanfront Resort 23 District depicted as such on the Official City Zoning Map as shown on the 24 attached map labeled "Short Term Rental Overlay—OR District; 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 Department City Attorney's Office CA15117 R-11 June 24,2021 Short Term Rentals Overlay North End o ' � t 8ms \ , met 8 \ h°fie res ri et � � 8 e �et ear stye e 't 8Oth=StC • titd-' of 67thSt eet 65th IC tail o q Pt;4 t 7 „r` /h 4seaSs;,1,p�A1Qa��6ot �1� aact.tlop �d :►d `zi 4 pp0 �t 7�.7CGJCCre�Jp�:d `ig$ A 33 �5t ` �04; we �-t mitz:x 714e. 1'it/44V p dti►''• eet �7�Cn` �� ;Ctlp,_'�'void `'��'=:ea �,St coo tit•ta r lien rae.....__ �-o; {: �~'.s C t Little,._ 1 •(, ..,„. o K,,.; . , 5 • Ra 4j Y ' \ 58 O o to 4, y m 2 2 a �° 4fh gt CD m o m y F a r Z - _ - tgth St Agtt\~, 1gth 1 \I n 58 • 4 Vir • iD N N g• G al CD a A20 St Is' %, Norfolk Ave y Trail CD ? m v n 1 _al-e (D -pl'b' 73 a to to v Marshview Park `co tea Q:i\ Oceanfront Resort District Boundary N Norfolk ® ,ources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson, NCEAS,NLS,OS,NMA,Geodatastyrelsen,Riikswaterstaat,GSA,Geoland, EMA,Intermap and the GIS user community,Sources:Esri,HERE,Garmin, 2020 =AO,NOAA,USGS,®OpenStreetMap contributors,and the GIS User Virginia Beach Community,City of Virginia Beach Department of Planning&Community Development,City of Virginia Beach Center of Geospatial Information 0 II'2 Services Coordinate System:NAD 1983 HARN StatePlane Virginia South FIPS 4502 Feet ALTERNATE VERSION 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — NORTH END AND 5 OCEANFRONT RESORT 6 7 Section Amended: § 102 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 102 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 102. - Establishment of districts and official zoning maps. 20 21 . . . . 22 23 (al) There are hereby established the following overlay districts: 24 25 (1) Shore Drive Corridor Overlay District ("SD"); 26 27 (2) North End Overlay District("NE"); 28 29 (3) Old Beach Overlay District ("OB"); 30 31 (4) Historic Kempsville Area Overlay District ("HK"); 32 33 (5) Workforce Housing Overlay District("WF"); and 34 35 (6) Short Term Rental Overlay District ("STR"). 36 37 a. Oceanfront Resort ("STR-OR") 38 39 Such districts shall be designated on the official zoning map by an appropriate notation 40 following the designation of the underlying zoning district. As an illustration, property in 41 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 42 designated on the official zoning map as having the classification "B-4(SD)." 43 44 . . . . 45 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 � � 1` Planning Depa ent City Attorn y s Office CA 15136 R-8 August 19,2021 ALTERNATE VERSION 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICT—NORTH END; AND OR DISTRICT 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the official zoning map of the City of Virginia Beach be, and hereby is, 14 amended by the designation and incorporation of the areas described below: 15 16 1) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 17 District depicted as such on the Official City Zoning Map as shown on the 18 attached map labeled "Short Term Rental Overlay—OR District". 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: Q:&)ZoCi•—) Planning Dep ent City Attorney's Office CA15117 R-12 August 19, 2021 c Ili 14 ry_ 0 4 0 4 4 ik., . ----- Aillhit le } � yak { �y� _ rQ a m f O o 4co' \ —. a `o 24th St m m 0 CO F r, z o. n! Z i C ►"' co 191h St Mgt' AO- --I) \ - 1 Vir m co N y m N 0. 120st 9 I i Norfolk Ave Trail co c Seatack Recreation m Center A c a CD v Marshview Park o _. a Oceanfront Resort District Boundary N Norfolk ® Sources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson, NCEAS,NIS,OS,NMA,Geodatastyrelsen,Rijkswaterstaat,GSA,Geoland, FEMA,Intermap and the GIS user community,Sources:Esri,HERE,Garmm, 2020 FAO,NOAA,USGS,®OpenStreetMap contributors,and the GIS User oirginia Beach Community,City of Virginia Beach Department of Planning&Community 0 4 Development,City of Virginia Beach Center of Geospatial Information - I: services Coordinate System:NAD 1983 HARK StatePlane Virginia South FIPS 4502 Feet L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AMD WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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(a,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?MTI D=e2541 aade2683e23a9ac267b72cd55f91 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 7, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 1 E AGENDA ITEM# SUBJECT MOTION VOTE L H 0 W W U E L J R T I O CDNC O M O O L W O C Y L ONO U W S O T HE EME S S E O O E I R Y B S S ERNDN MAYOR'S FORMAL SEATING OF CITY COUNCIL II CITY MANAGER'S BRIEFING A. EDUCATION AND LONGEVITY Sheriff Kenneth INCENTIVES Stolle III- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y YYY A VII A-E F. MINUTES APPROVED 8-0 Y Y Y A Y Y A Y Y Y A 1. INFORMAL and FORMAL SESSIONS B B August 3,2021 S S T T A A I I N N E E D D G. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Jessica P.Abbott b. Andrew"Andy"Friedman 2. PROCLAMATION Boy Scout Troop 493 H. CREATE THE ATLANTIC PARK 1 SPEAKER COMMUNITY DEVELOPMENT AUTHORITY(CDA) J.1 Ordinances to AMEND City Code Sections: ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A a. 2-20 re dates of Regular City Council CONSENT Meetings(requested by City Council) b. 35-158,35-159/35-161 re tax on transients obtaining lodging J.2. Resolution to APPROVE participation in the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y A Virginia Abatement Fund and AUTHORIZE CONSENT B the Execution of a Settlement Allocation S Memorandum of Understanding(MOU) T A N E D J.3 Resolution to AUTHORIZE the issuance of ADOPTED 6-1 Y Y Y Y AN Y Y A A A Residential Care Facility Revenue Bonds not to B B B exceed$110-Million by the City of VBDA re S S S Westminster-Canterbury on Chesapeake Bay T T T A A A I I I N N N E E E D D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W W U E L J R T I 0 CD N C OMO 0 L W 0 C Y L ONOUW S 0 T HE EME S S E 0 O E I R Y B S S ER NDN J.4 Ordinance to APPROVE a Cooperative ADOPTED 8-2 NY Y Y Y N Y Y Y Y A 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 J.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments into a portion of City-Owned CONSENT Property known as Pike Inlet located at the rear of 329 Teal Crescent re rebuild and maintain an existing dock / construct / maintain a proposed dock addition and bulkhead J.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments into a portion of City-Owned CONSENT Property known as 352 Tuna Lane located adjacent to 2713 Bluebill Drive re maintain an existing rip rap revetment, block wall and bulkhead/construct/maintain floating pier and access ramp J.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y A encroachments into a portion of City-Owned CONSENT Property located between the Sandy Beach and the Boardwalk by Oceanfront Investments,LLC re remove two (2) sets of existing wooden stairs/construct and maintain two(2)new sets of wooden stairs J.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments into a portion of City-Owned CONSENT 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/maintain a vinyl bulkhead,pump house,boat ramp/wood dock J.9. Ordinance to APPROPRIATE$525,547 to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Clerk of Circuit Court Operating Budget re CONSENT technology related expenses K.1. THOMAS A.BROWN for a Variance to Section DEFERRED 9-1 Y Y Y Y Y Y Y NY Y A 4.4 (b & d) of the Subdivision Regulations re INDEFINITELY direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE K.2. THOMAS A.BROWN for a Variance to Section DEFERRED 9-1 Y Y Y Y Y Y Y NY Y A 4.4 (b & d) of the Subdivision Regulations re INDEFINITELY direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE K.3. ROBERT NELSON,ET AL.for a Variance to APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Section 4.4(b)of the Subdivision Regulations and CONDITIONED 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W W U E L J R T I 0 CDNC O M O O L W O C Y L ONOUWS 0 T HE EME S S E O O E I R Y B S S ER NDN K.4. H.MARTIN SNEAD,III&LINDA P.SNEAD APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A for a Street Closure re 7.5-foot by 50-foot portion CONDITIONED, of an unimproved alley adjacent to 828 Vanderbilt BY CONSENT DISTRICT 6—BEACH K.5. ATLANTIC PARK, INC. & CITY OF APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A VIRGINIA BEACH DEVELOPMENT CONDITIONED, AUTHORITY(VBDA)for a Street Closure re BY CONSENT portions of 181° Street between Pacific and Arctic Avenues DISTRICT 6—BEACH K.6. ATLANTIC PARK, INC. / CITY OF APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A VIRGINIA BEACH DEVELOPMENT CONDITIONED, AUTHORITY(VBDA)for a Special Exception BY CONSENT 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, 19'and 20th Streets and double block bordered by Pacific and Arctic Avenues DISTRICT 6—BEACH K.7 DESIGN BY ELENI, INC. for a Change in APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Nonconformity re redevelop the existing duplex CONDITIONED, with a taller/larger duplex at 2416 Seaview BY CONSENT Avenue DISTRICT 4—BAYSIDE K.8. VIRGINIA BEACH DEVELOPMENT APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A AUTHORITY & LYNN-LYNNE, LLC for a MODIFIED/ Modification of Proffers and a Conditional Change PROFFERED,BY of Zoning from Conditional B-2 Community CONSENT 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 K.9. WESLEY D. BOYD /CAPITAL FINANCE, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A INC.for a Modification of Conditions re tattoo MODIFIED/ parlor at 172 South Plaza Trail, Suite E CONDITIONED, (Approved April 16, 2019) DISTRICT 6 — BY CONSENT BEACH K.10 COSMO'S CORNER, INC. / KNRM APPROVED/ 6-4 NYN YYN Y NY Y A ENTERPRISE, LLC & NELSON MODIFIED/ INDUSTRIES, LLC for a Modification of CONDITIONED Conditions re commercial kennel at 503, 505, 507,&511 Central Drive(Approved August 12, 2008)DISTRICT 6—BEACH K.11 ELIAS PROPERTIES VIRGINIA BEACH DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A INDEPENDENCE, LLC for a Conditional SEPTEMBER 7, Change of Zoning from Conditional B-1 2021,BY Neighborhood Business to Conditional B-2 CONSENT Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1—CENTERVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W W U E L J R T I 0 CDNC OMO 0 L W O C Y L ONOUWS 0 T HE EME S S E O O E I R YB S S ERNDN K.12 WITCHDUCK MEDICAL ASSOCIATES, APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y Y A LLC for a Conditional Change of Zoning from A- PROFFERED,BY 12 Apartment District to Conditional 0-1 Office CONSENT District re office-type uses at 4501 North Witchduck Road DISTRICT 4—BAYSIDE K.13. WINNER'S PROPERTIES, LLC/HAYNES APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y Y A FURNITURE CO. INC. & CH&B PROFFERED/ ASSOCIATES,LLP for a Conditional Change of CONDITIONED 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/car wash facility at 325,349& 361 Nelms Lane DISTRICT 2—KEMPSVILLE K.14 KABP DEVELOPMENT, LLC for a CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A eating and drinking establishment at the corner CONDITIONED, of Fisher Arch&Princess Anne Road,West of BY CONSENT 2033 Fisher Arch DISTRICT 7 — PRINCESS ANNE K.15. JEFFREY HEITKAMP / JEFFREY & WITHDRAWN,BY 10-0 Y Y Y Y Y Y Y Y Y Y A MELINAMAE HEITKAMP for a CUP re home CONSENT occupation—retail sales at 1140 Cordova Court DISTRICT 7—PRINCESS ANNE K.16 Ordinance to AMEND Section 242.1 of the CZO ADOPTED,BY 10-0 YYY Y Y Y Y YYY A re Tattoo Parlors and Body Piercing CONSENT establishments L. 2040 VISION TO ACTION COMMUNITY RESCHEDULED BY C O N S ENSUS COALITION 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 INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L H 0 W W U E L J R T I 0 CDNC OMO 0 L W O C Y L ONOUWS 0 T HE EME S S E O O E I R YBS S ERNDN CITY COUNCIL LIAISON Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A N.D."Rocky" CLEAN COMMUNITY COMMISSION Holcomb CITY COUNCIL LIAISON Appointed: N.D."Rocky" URBAN AGRICULTURE ADVISORY Holcomb COMMITTEE AGRICULTURE ADVISORY COMMISSION Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A John Cromwell Jason Dawley Bart Frye 4 Year Term 10/1/2021— 9/30/2025 HUMAN RIGHTS COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Evie Liu Representing Student 1 Year Term 10/1/2021— 9/30/2022 Appointed: Niam Lagoe Representing Student 2 Year Term 10/1/2021— 09/30/2023 INVESTIGATION REVIEW PANEL Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Candice Miller 3 Year Term 8/17/2021— 08/31/2024 PLANNING COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A David Bradley Representing Princess Anne District Unexpired Term tlru 12/31/2022 PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Grade Tignor Representing Student 2 Year Term 09/1/2021— 08/31/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/17/2021 PAGE: 6 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L H 0 W �' U E L J R T I 0 C D N C OM 0 0 L W O C Y L 0 N 0 U W S 0 T HE EME S S E 00 E I R Y B S S E R ND N TRANSITION AREA/INTERFACILITY Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A TRAFFIC AREA CITIZENS ADVISORY David Bradley COMMITTEE Representing Ex- Officio Planning Commission Member Unexpired Term _ thru 2/28/2023 - /M/N ADJOURNMENT 9:24 PM /0