The URL can be used to link to this page

09-21-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large _,.� c�L VACANT,Lynnhaven-District 5 pia -' ` MICHAEL F.BERL UCCHL Rose Hall-District 3 s M.BARBARA HENLEY,Princess Anne-District 7 �v \L U W � ,,! a N.D. "ROCKY"HOLCOMB,Kempsville-District 2 LOUIS R.JONES,Bayside-District 4 ? ` JOHND.MOSS,At Large 4*-1„ ' , • AARONR.ROUSE,At Large °°. GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY-MARK D.STILES PHONE:(757)385-4303 C/TYASSESSOR-RONALD D.AGNOR September 21, 2021 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS 2:00 PM A. AMERICAN RESCUE PLAN ACT (ARPA) FUNDING PROPOSALS 1. UNITED WAY OF SOUTH HAMPTON ROADS Michele Anderson, President and CEO 2. FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE Dean Wooten, CFO II. CITY MANAGER'S BRIEFINGS 2:45 PM A. FY2021-22 MONTHLY FINANCIAL UPDATE Letitia Shelton, Director—Finance B. VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA)— CORPORATE LANDING BUSINESS PARK Emily Archer, Senior Planner/Urban Designer—Strategic Growth Area Office III. CITY COUNCIL DISCUSSION/ INITIATIVES 3:15 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Pastor Joshua Henson Grace Covenant Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 7, 2021 G. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLVII Patrick Shuler and Court Jeff and Debbie Marks, Celebration Chairmen H. PUBLIC HEARINGS 1. CREATE A COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) FINANCING AND RESILIENCY PROGRAM 2. ACQUISITION,BY AGREEMENT OR CONDEMNATION Eastern Branch Lynnhaven Dredging Transfer Station—2540 Virginia Beach Blvd I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Resolution SETTING FORTH the process re nomination and election of the Vice Mayor 2. Resolution to APPOINT Ashley-Loren Grant as Assistant City Attorney, effective September 23, 2021 3. Ordinance to TRANSFER $150,000 to the FY2021-22 Communications Office Operating Budget re Ripple Effect paid media campaign (Requested by Council Member Moss) 4. Ordinance to CARRY FORWARD and APPROPRIATE $18,312,054 to the FY 2021-22 Operating Budget re purposes previously approved in FY2020-21 K. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots along Indian River Road just South of South Independence Boulevard DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. TED TIGNOR for a Change in Nonconformity re an addition and enlargement of existing dwelling at 501 Carolina Avenue DISTRICT 6—BEACH 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 (Deferred from September 7, 2021) RECOMMENDATION APPROVAL 4. WAKEFIELD DEVELOPMENT, LLC / MERLIN BEILER, TRUSTEE OF THE ELVA Y. BEILER TRUST & OF ELVA Y. BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six (86) lot single-family community at 2328 & 2264 Salem Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. TWO FARMS, INC DBA ROYAL FARMS / HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business and Conditional Use Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard & Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW 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 The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e72786fd5a46352d38292c751 d4c7a092 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 21, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS 2:00 PM A. AMERICAN RESCUE PLAN ACT (ARPA) FUNDING PROPOSALS 1. UNITED WAY OF SOUTH HAMPTON ROADS Michele Anderson, President and CEO 2. FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE Dean Wooten, CFO II. CITY MANAGER'S BRIEFINGS 2:45 PM A. FY2021-22 MONTHLY FINANCIAL UPDATE Letitia Shelton, Director—Finance B. VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA)— CORPORATE LANDING BUSINESS PARK Emily Archer, Senior Planner/Urban Designer—Strategic Growth Area Office III. CITY COUNCIL DISCUSSION/INITIATIVES 3:15 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Pastor Joshua Henson Grace Covenant Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 7, 2021 G. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLVII Patrick Shuler and Court Jeff and Debbie Marks, Celebration Chairmen H. PUBLIC HEARINGS 1. CREATE A COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) FINANCING AND RESILIENCY PROGRAM 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Eastern Branch Lynnhaven Dredging Transfer Station—2540 Virginia Beach Blvd guar„ s 1S4+h `6'Ae,Re� "F.paM� NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Virginia Beach,Virginia(the"City"),will hold a public hearing on an ordinance(the"Ordinance")to create a Commercial Property Assessed Clean Energy(C-PACE) Financing Program(the"Program"). A complete copy of the Ordinance is on file in the Office of the City Clerk. The public hearing, which may be continued or adjourned,will be held on September 21,2021,at 6:00 P.M.,local time,or as soon thereafter as the matter may be heard,in the City Council Chamber at City Hall,2401 Courthouse Drive,Virginia Beach,Virginia,23456. The City invites interested persons to comment upon the Program prior to the consideration of the Ordinance. If you wish to make comments virtually during the public hearing, please follow the twostep process provided below: 1. Register for the WebEx at jlttos://vbeov.webex.com/vbtov/onstaee/e oho "MTID=e72786fd5a46352d38292c751d4c7e. 142 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on September 21, 2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:September 5&12,2021 .(4,,1. ,;-- .....-frs,7,,, ig --1--t CITY OF VIRGINIA BEACH \ AGENDA ITEM ,r ITEM: An Ordinance Adding Chapter 35.5 of the City Code Pertaining to Commercial Property Assessed Clean Energy (C-Pace) Financing and Resiliency Program PUBLIC HEARING DATE: September 21 , 2021 MEETING DATE: October 5, 2021 • Background: The General Assembly has authorized localities to undertake a Commercial Property Assessed Clean Energy (C-PACE) Program. C-PACE offers a financing option for commercial property owners and new construction developers to fund clean energy systems, resiliency improvements, and stormwater management improvements. By leveraging a voluntary assessment lien against participating properties, C-PACE financing is generally less expensive than commercial loans. A C- PACE program may be structured to utilize only private capital, and all billing and collection for C-PACE loans may be undertaken by a third party administrator. In May 2020, the City Council directed the City Manager study the feasibility and desirability of implementation of C-PACE in Virginia Beach. Initially, the staff intended to utilize the program developed by the Virginia Department of Mines, Minerals, and Energy (DMME), but because of delays in the DMME program, the staff pivoted to a cooperative opportunity using a contract from Loudoun County. • Considerations: The attached ordinance is based on a model C-PACE ordinance promulgated and implemented in approximately ten other Virginia localities. The ordinance conforms with the 2021 legislative updates to the C-PACE enabling legislation. If adopted, the staff will pursue finalization of the cooperative agreement with the same vendor engaged by Loudoun County to act as program administrator. Once under contract, the program administrator with create a program guide, which will incorporate best practices and lessons learned by other Virginia C-PACE programs. • Public Information: Public information will be provided through the normal Council agenda process. This ordinance requires a public hearing, which is scheduled for September 21 , 2021 . Two notices were published in the BEACON on September 5 and 12. • Attachments: Ordinance; Ordinance Exhibit; Va. Code § 15.2-958.3 REQUESTED BY COUNCILMEMBERS BERLUCCHI, TOWER, AND WILSON REQUESTED BY COUNCILMEMBER BERLUCCHI, TOWER, AND WILSON 1 AN ORDINANCE TO ADD CHAPTER 35.5 OF 2 THE CITY CODE PERTAINING TO 3 COMMERCIAL PROPERTY ASSESSED CLEAN 4 ENERGY (C-PACE) FINANCING AND 5 RESILIENCY PROGRAM 6 7 Sections Added: §§ 35.5-1 through 35.5-8 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Chapter 35.5 is hereby added to the Code of the City of Virginia Beach and 13 ordained to read as follows: 14 15 CHAPTER 35.5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY(C-PACE) 16 FINANCING AND RESILIENCY PROGRAM 17 18 Article I. - In General 19 20 Sec. 35.5-1. Purpose. 21 22 The purpose of this Chapter is to create a "The City of Virginia Beach Commercial 23 Property Assessed Clean Energy (C-PACE) Financing Program," in accordance with the 24 Commonwealth of Virginia's Clean Energy Financing Law, Va. Code § 15.2-958.3 25 (hereinafter the "C-PACE Act"). The C-PACE Program will facilitate loans made by Capital 26 Providers to Borrowers to finance renewable energy production and distribution facilities, 27 energy efficiency improvements, water usage efficiency, resiliency and stormwater 28 management improvements. The C-PACE Program shall include types of authorized 29 improvements enacted by the General Assembly after the date of adoption of this 30 ordinance provided such types of authorized improvements are included in the C-PACE 31 Act. Subject to the limitations set forth in this Chapter, the C-PACE Act, or other 32 applicable law, each C-PACE Loan, inclusive of principal, interest, and any financed fees, 33 costs, or expenses, will be secured by a voluntary special assessment lien on the property 34 that is the subject of such Loan. 35 36 Sec. 35.5-2. — Definitions. 37 38 Borrower means (i) the owner(s) of Eligible Property who voluntarily obtain(s) a C- 39 PACE Loan from a Capital Provider in accordance with the Program Guide; or (ii) a 40 successor in title to the Borrower. 41 42 Borrower Certification means a notarized certificate from Borrower, certifying that 43 (i) Borrower is current on payments on loans secured by a mortgage or deed of trust lien 44 on the Property and on Real Estate Tax payments, (ii) that the Borrower is not insolvent 45 or in bankruptcy proceedings, and (iii) that the title of the Property is not in dispute, as 46 evidenced by a title report or title insurance commitment from a title insurance company 47 acceptable to Program Administrator and Capital Provider. 48 49 Capital Provider means (i) a private lending institution that has been approved by 50 the Program Administrator in accordance with the Program Guide to originate a C-PACE 51 Loan and its successors and assigns; or (ii) the current holder of a C-PACE Loan. 52 53 City means the City of Virginia Beach, Virginia. 54 55 Commonwealth means the "Commonwealth of Virginia." 56 57 Council means the City Council of the City of Virginia Beach, Virginia. 58 59 C-PACE means Commercial Property Assessed Clean Energy. 60 61 C-PACE Act means Virginia's "financing clean energy programs" law, § 15.2-958.3 62 of the Va. Code. 63 64 C-PACE Amendment means an amendment of the C-PACE Lien executed by 65 Capital Provider without consent from Borrower, as permitted in the C-PACE Documents, 66 which C-PACE Amendment shall be recorded in the Clerk's Office to evidence each 67 amendment to the C-PACE Loan. 68 69 C-PACE Assignment means a written assignment of the C-PACE Payments and/or 70 C-PACE Lien pursuant to the terms of the assignment document. 71 72 C-PACE Documents means the C-PACE Program Agreement, Financing 73 Agreement, C-PACE Lien Certificate, C-PACE Note, C-PACE Assignment (if any), C- 74 PACE Amendment (if any), and any other document, agreement, or instrument executed 75 in connection with a C-PACE Loan. 76 77 C-PACE Lien or Lien means the voluntary special assessment lien levied against 78 the Property as security for the C-PACE Loan. 79 80 C-PACE Lien Certificate means the voluntary special assessment lien document 81 duly recorded among the Land Records against an Eligible Property to secure a C-PACE 82 Loan. 83 84 C-PACE Loan or Loan means a loan from a Capital Provider to a Borrower to 85 finance a Project, in accordance with the Program Guide. 86 87 C-PACE Note means a promissory note executed by Borrower made payable to 88 Capital Provider in the original principal amount of the C-PACE Loan, including without 89 limitation, any and all modifications, restructurings, extensions, consolidations, 90 amendments and/or assignments thereof, a form of which C-PACE Note is attached to 91 the C-PACE Program Agreement. 92 93 C-PACE Payment means the periodic installment payments of the C-PACE Loan 94 by a Borrower, due and payable to the City or Capital Provider as permitted by the C- 95 PACE Act in such amounts and at such times as described in the C-PACE Documents. 96 97 C-PACE Program or Program means the program established by the City through 98 this Chapter, in accordance with the C-PACE Act, that facilitates the financing of Eligible 99 Improvements and provides for a C-PACE Lien to be levied and recorded against the 100 Property to secure the C-PACE Loan. 101 102 C-PACE Program Agreement means the Agreement executed between the 103 Borrower, City, and Capital Provider, and their respective successors and assigns, which 104 includes the terms and conditions for participation in the C-PACE Program; the 105 Borrower's acknowledgment and consent for the City to impose a voluntary special 106 assessment and record a C-PACE Lien Certificate against the Borrower's Eligible 107 Property; and a summary of the terms of the C-PACE Loan. A copy of the draft C-PACE 108 Program Agreement is included herein as Appendix A-1. 109 110 Clerk's Office means the Clerk of the Circuit Court's Office of the City of Virginia 111 Beach, Virginia. 112 113 Delinquent Payment means any C-PACE Payment that was not paid by a Borrower 114 in accordance with the C-PACE Documents. 115 116 Eligible Improvement means the initial acquisition and installation of clean energy, 117 energy efficiency, water efficiency, resiliency or stormwater management improvements 118 for both existing properties and new construction, as further prescribed in this Chapter 119 and the Program Guide. The Eligible Improvements shall include types of authorized 120 improvements enacted by the General Assembly after the date of adoption of this 121 ordinance provided such types of authorized improvements are included in the C-PACE 122 Act. 123 124 Eligible Property or Property means real property located within the City, with all 125 buildings located or to be located thereon whether vacant or occupied, improved or 126 unimproved, and regardless of whether such real estate is currently subject to taxation by 127 the City, excluding i) a residential dwelling with fewer than five (5) units, and (ii) a 128 residential condominium as defined in Va. Code § 55.1-2100. 129 130 Financing Agreement means the written agreement, as may be amended, 131 modified, or supplemented from time to time, between a Borrower and a Capital Provider, 132 regarding matters related to the extension and repayment of a C-PACE Loan to finance 133 Eligible Improvements. 134 135 Land Records means the land records of the Clerk of the City of Virginia Beach 136 Circuit Court. 137 138 Lender Consent means a written subordination agreement executed by each 139 mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C- 140 PACE Loan, which allows the C-PACE Lien to have senior priority over the mortgage or 141 deed of trust liens. 142 143 Loan Amount means the aggregate amount of a C-PACE Loan, inclusive of 144 principal, interest, and any financed fees, costs, and/or expenses, as provided for in the 145 C-PACE Documents. 146 147 Program means the City C-PACE financing program established to provide C- 148 PACE Loans to Borrowers in accordance with the C-PACE Act, this Chapter, the C-PACE 149 Documents, and the Program Guide. 150 151 Program Administrator means the person or entity retained by the City to 152 administer the Program in accordance with the requirements of the C-PACE Act, this 153 Chapter, and the Program Guide. 154 155 Program Fee(s) means the fee(s) authorized by the C-PACE Act and charged to 156 participating Borrowers to cover the costs to design and administer the Program, 157 including, without limitation, compensation of the Program Administrator and recovery of 158 expenses incurred by the City. 159 160 Program Guide means a comprehensive document setting forth the procedures, 161 eligibility rules, restrictions, Program Fee(s), responsibilities, and other requirements 162 applicable to the governance and administration of the Program. 163 164 Program Manager means the City Manager or such person designated in writing 165 by the City Manager to supervise the Program and act as liaison with the Program 166 Administrator. 167 168 Project means the construction or installation of Eligible Improvements on Eligible 169 Property. 170 171 Stabilized Value means the market value of the Property after it reaches stabilized 172 occupancy as evidenced by an appraisal of the Property. 173 174 Stabilized Occupancy means the occupancy level that an income producing 175 Property is expected to achieve after the Property is exposed to the market for lease over 176 a reasonable period of time and at comparable terms and conditions to other similar 177 properties. 178 179 Useful Life means the normal operating life of the fixed asset as determined by 180 Generally Accepted Accounting Principles (GAAP). 181 182 Va. Code means the Code of Virginia of 1950, as amended. 183 184 Sec. 35.5-3. - Effective date. 185 186 This Chapter shall become effective immediately following its adoption. 187 188 ARTICLE II. - PROGRAM STRUCTURE 189 190 Sec. 35.5-4. - C-PACE Program; Eligible Improvements. 191 192 (a) C-Pace Program. The C-PACE Program shall be available throughout the City of 193 Virginia Beach, provided that the Borrower, the Property, and the proposed Eligible 194 Improvements all qualify for the Program. The following types of Eligible 195 Improvements may be financed with a C-PACE Loan: 196 197 (1) Renewable energy production and distribution facilities (e.g., solar 198 photovoltaic, solar thermal, wind, wave and/or tidal energy, and the storage 199 and/or distribution of the energy produced thereby); 200 201 (2) Energy usage efficiency systems (e.g., high efficiency lighting and building 202 systems, heating, ventilation, and air conditioning (HVAC) upgrades, air 203 duct sealing, high efficiency hot water heating systems, building shell or 204 envelope improvements, reflective roof, cool roof, or green roof systems, 205 and/or weather-stripping); 206 207 (3) Water usage efficiency improvements (e.g., recovery, purification, recycling, 208 and other forms of water conservation)., 209 210 (4) Resiliency improvements may include mitigation of flooding or the impacts 211 of flooding or stormwater management improvements with a preference for 212 natural or nature-based features and living shorelines as defined in Va. 213 Code § 28.2-104.1 . 214 215 (5) Construction, renovation, or retrofitting of a Property directly related to the 216 accomplishment of any purpose listed in subsections (1), (2), (3) or (4) 217 above, whether such Eligible Improvement was erected or installed in or on 218 a building or on the ground; it being the express intention of the City to allow 219 Eligible Improvements that constitute, or are a part of, the construction of a 220 new structure or building to be financed with a C-PACE Loan; or, 221 222 (6) Any other category of improvement approved by the Program Administrator 223 with the consent of the Program Manager as qualifying for financing under 224 the C-PACE Act and the Program including amendments to the C-PACE Act 225 authorizing additional Eligible Improvements. 226 227 (b) Use of C-PACE Loan Proceeds. The proceeds of a C-PACE Loan may be used to 228 pay for the construction, development, and consulting costs directly related to 229 Eligible Improvements, including without limitation, the cost of labor, materials, 230 machinery, equipment, plans, specifications, due diligence studies, consulting 231 services (e.g., engineering, energy, financial, and legal), Program Fees, C-PACE 232 Loan fees, capitalized interest, interest reserves, and C-PACE transaction 233 underwriting and closing costs. 234 235 (c) Program Applications; Prioritization. The Program Administrator will develop a 236 Program application process that allows for the review and approval of proposed 237 Eligible Improvements and C-PACE Documents. Program applications will be 238 processed on a first come, first serve basis; provided, however, that the applicant 239 meets eligibility requirements as set forth in the Program Guide. 240 241 Sec. 35.5-5. - C-PACE Loan Requirements; Program Fees; Reporting; Program 242 Administrator; Program Guide. 243 244 Laj Source of Loans. C-PACE Loans shall be originated by Capital Providers. The City 245 and/or its respective governmental entities shall have no obligation to originate or 246 guarantee any C-PACE Loans. 247 248 f) C-PACE Loan Amount Thresholds. The minimum Loan Amount that may be 249 financed for each Project is fifty thousand dollars ($50,000). There is no maximum 250 aggregate amount that may be financed with respect to an Eligible Property. There 251 shall be no limit on the total value of all C-PACE Loans issued under the Program. 252 253 Lcj C-PACE Loan Refinancing or Reimbursement. The Program Administrator may 254 approve a loan application submitted within two years of the City's issuance of a 255 certificate of occupancy or other evidence that the Eligible Improvements comply 256 substantially with the plans and specifications previously approved by the City of 257 Virginia Beach and that such loan may refinance or reimburse the Borrower for the 258 total costs of such Eligible Improvements. 259 260 L) C-PACE Loan Interest. The interest rate of a C-PACE Loan shall be as set forth in 261 the C-PACE Documents. 262 263 (g) C-PACE Loan Term or "Term". The term of a C-PACE Loan shall not exceed the 264 weighted average Useful Life of the Project Improvements or thirty (30) years, 265 whichever is less. 266 267 (f Apportionment of Costs. All of the costs incidental to the financing, administration, 268 collection, and/or enforcement of the C-PACE Loan shall be borne by the 269 Borrower. 270 271 (q) Financing Agreements. Capital Providers may use their own Financing 272 Agreements for C-PACE Loans, but the Financing Agreement may not conflict with 273 the provisions of this Chapter, the C-PACE Act, or the C-PACE Program 274 Agreement. To the extent of any conflict, this Chapter, the C-PACE Act, and the 275 C-PACE Program Agreement shall prevail. 276 277 Q) C-PACE Program Agreement. In order to participate in the C-PACE Program, 278 Borrower and Capital Provider shall enter into a C-PACE Program Agreement with 279 the City, which sets forth certain terms and conditions for participation in the City's 280 C-PACE Program. The Program Manager is authorized to execute C-PACE 281 Documents on behalf of the City. This Agreement shall be binding upon the parties 282 and their respective successors and assigns until the C-PACE Loan is paid in full. 283 The C-PACE Program Agreement may be modified as necessary to further the 284 Program's purpose and to encourage Program participation, including such 285 additions, deletions, or alterations as may be approved by the Program Manager 286 and City Attorney, so long as such modifications do not conflict with the Program 287 Guide, this Chapter, or the C-PACE Act. 288 289 0) Repayment of C-PACE Loan; Collection of C-PACE Payments. C-PACE Loans 290 will be repaid by the Borrower through C-PACE Payments made in the amounts 291 and at such times as set forth in the C-PACE Documents and Program Guide. The 292 Capital Provider shall be responsible, subject to and in accordance with the terms 293 of the C-PACE Program Agreement and other C-PACE Documents, for the 294 servicing of the C-PACE Loans and the collection of C-PACE Payments. In the 295 alternative, C-PACE Loans may be serviced by the Program Administrator. 296 Nothing herein shall prevent the Capital Provider from directly billing and collecting 297 the C-PACE Payments from the Borrower to the extent permitted by the C-PACE 298 Act or other applicable law. 299 300 0 C-PACE Loan Assumed. The Borrower shall assume the obligation to repay all 301 remaining unpaid C-PACE Payments, whether it obtained ownership of the 302 Property voluntarily or involuntarily, which are due upon acquisition of the 303 Property, if any, and which accrue during Borrower's period of ownership. Only 304 the current C-PACE Payment and any Delinquent Payments, together with any 305 costs of collection, shall be payable at the settlement of a Property upon sale or 306 transfer, unless otherwise agreed to by the Capital Provider. 307 308 I) Transfer of C-PACE Loans. C-PACE Loans may be transferred, assigned, or sold 309 by a Capital Provider to another Capital Provider at any time until the C-PACE 310 Loan is paid in full provided that Capital Provider shall (i) notify the Borrower and 311 Program Administrator prior to the billing date of the next C-PACE Payment due, 312 (ii) record a C-PACE Loan Assignment among the Land Records, and (iii) deliver 313 a copy of the recorded C-PACE Assignment to the Borrower, City, and Program 314 Administrator as set forth in the C-PACE Program Agreement and Program Guide. 315 Recordation of the C-PACE Assignment shall constitute an assumption by the new 316 Capital Provider of the rights and obligations of the original Capital Provider 317 contained in the C-PACE Documents. 318 319 Q.) Program Fees. The Program will be self-financed through Program Fees charged 320 to participating Borrowers. The Program Fees are established to cover the actual 321 and reasonable costs to design and administer the Program, including the 322 compensation of a third-party Program Administrator. Program Fees will be 323 assessed as a percentage fee of the C-PACE Loan paid at closing. The amount(s) 324 of the Program Fees shall be set forth in the Program Guide. Program Fees may 325 be changed by the Program Manager from time to time and shall only apply to C- 326 PACE Loans executed after the date the revised Fees are adopted. 327 328 (m) Notification of Proposed Loan and Closing. The Program Guide will set forth the 329 C-PACE Loan notification requirements and Loan closing process. 330 331 Reporting. The City may require the Capital Provider and/or the Program 332 Administrator to provide a written report with summary information regarding the C- 333 PACE Loan Program, the portfolio performance of participating Capital Providers, 334 or other Program statistics as required in the Program Guide. 335 336 L:2) Program Administrator. In accordance with the cooperative procurement 337 provisions included in the Virginia Public Procurement Act, Va. Code §§ 2.2-4300, 338 et seq., the City may engage, to operate the City's Program, a Program 339 Administrator which has contracted to operate a C-PACE program for another 340 Virginia jurisdiction pursuant to a procurement process which allowed other 341 Virginia jurisdictions to cooperatively procure a Program Administrator thereunder. 342 Alternatively, the City may competitively procure a Program Administrator by 343 issuing a Request for Proposal for a Program Administrator. In either event, the 344 City may authorize other Virginia jurisdictions to cooperatively procure the services 345 of the City's Program Administrator. Program Administrator shall indemnify, defend 346 and hold the City harmless against any claim brought against the City or any 347 liability imposed on the City as a result of any action or omission to act by Program 348 Administrator in a jurisdiction to which its program administration agreement with 349 the City was extended under such joint and cooperative procurement. 350 351 p) Program Guide. The Program Guide shall be developed by the Program 352 Administrator under the direction of and in consultation with the Program Manager. 353 The Program Guide and any subsequent amendments thereto shall become 354 effective only(i)to the extent that the Program Guide and such amendments do not 355 contravene this Chapter or the C-PACE Act, and (ii) after review by the City 356 Attorney and written approval by Program Manager. The Program Guide will be 357 designed to create an open, competitive, and efficient Program. The Program 358 Administrator may modify the Program Guide from time to time subject to the 359 approval of the Program Manager and in accordance with the intent and purpose 360 of the C-PACE Program as approved by the City Council. 361 362 Sec. 35.5-6. - Levy of assessment; recordation; priority; amendment; enforcement 363 and collection costs. 364 365 g Levy of Voluntary Special Assessment Lien. Beginning on the effective date of this 366 Chapter and for each C-PACE Loan made under the Program, the City shall levy 367 a voluntary special assessment (C-PACE Lien) against each Property benefittinq 368 from Eligible Improvements financed with C-PACE Loans in an amount equal to 369 the C-PACE Loan, upon recordation of the C-PACE Lien Certificate in the Clerk's 370 Office. The C-PACE Lien shall be evidenced by the recordation of a C-PACE 371 Certificate in the Clerk's Office. 372 373 Lb) Recordation of C-PACE Lien Certificate. Each C-PACE Loan shall be secured by 374 a C-PACE Lien as evidenced by the recordation of the C-PACE Lien Certificate 375 among the Land Records. The Program Manager, on behalf of the City, is hereby 376 authorized to execute the C-PACE Lien Certificate prior to recordation. Upon 377 complete execution of the C-PACE Documents and funding of the C-PACE Loan, 378 Capital Provider or the Program Administrator shall record the C-PACE Certificate 379 in the Clerk's Office. 380 381 (c) Priority. The C-PACE Lien shall have the same priority as a real property tax lien 382 against real property, except that it shall have priority over any previously recorded 383 mortgage or deed of trust lien only if prior to the recording of the C-PACE Lien, i) 384 Borrower has obtained a written subordination agreement, in a form and 385 substance acceptable to each prior lienholder in its sole and exclusive discretion, 386 executed by the holder of each mortgage or deed of trust lien on the Property and 387 recorded with the C-PACE Lien in the Land Records; and ii) prior to the recording 388 of the C-PACE Lien, Borrower has delivered an executed Borrower Certification 389 to the City in connection with the C-PACE Loan closing. Only the current C-PACE 390 Payment and any Delinquent Payments shall constitute a first lien on the Property. 391 The C-PACE Lien shall run with the land and that portion of the C-PACE Lien 392 under the C-PACE Program Agreement that has not yet become due shall not be 393 eliminated by foreclosure of a real property tax lien. 394 395 () Amendment of Lien. Upon written request by a Capital Provider in accordance with 396 the Program Guide, the Program Manager may execute an amendment of the C- 397 PACE Lien after the closing of a C-PACE Loan. The Amendment will be recorded 398 in the Land Records. 399 400 Le) Enforcement and Collection Costs. In the event of Borrower's default under the 401 terms of the C-PACE Documents, the City shall enforce the C-PACE Lien for the 402 amount of the Delinquent C-PACE Payments, penalties, interest, and any costs of 403 collection in the same manner that a property tax lien against real property may 404 be enforced. In the alternative, the City may assign the C-PACE Lien to the Capital 405 Provider by executing a C-PACE Lien Assignment and recording the Assignment 406 in the Land Records. Upon such assignment, the Capital Provider may enforce 407 the C-PACE Lien according to the terms of the C-PACE Documents. All collection 408 and enforcement costs, expenses, interest, and penalties incurred by the City or 409 Capital Provider, as applicable and consistent with the C-PACE Act, shall (i) be 410 added to the Delinquent Payments being collected, (ii) become part of the 411 aggregate amount sued for and collected, (iii) be added to the C-PACE Loan, and 412 (iv) be secured by the C-PACE Lien. Nothing herein shall prevent the Capital 413 Provider from enforcing the C-PACE Lien to the fullest extent permitted by the C- 414 PACE Documents, the C-PACE Act, or general law. 415 416 Sec. 35.5-7. -. Role of the City; limitation of liability 417 418 Borrowers and Capital Providers participate in the Program at their own risk. By 419 executing the C-PACE Documents including the C-PACE Program Agreement, or by 420 otherwise participating in the Program, the Borrower, Capital Provider, contractor, or 421 other party or participant acknowledge and agree, for the benefit of the City and as a 422 condition of participation in the Program, that: (i)the City undertakes no obligations under 423 the Program except as expressly stated herein or in the C-PACE Program Agreement; 424 (ii) in the event of a default by a Borrower, the City has no obligation to use City funds to 425 make C-PACE Payments to any Capital Provider including, without limitation, any fees, 426 expenses, and other charges and penalties, pursuant to a Financing Agreement between 427 the Borrower and Capital Provider; (iii) no C-PACE Loan, C-PACE Payment, C-PACE 428 Lien, or other obligation arising from any C-PACE Document, the C-PACE Act, or this 429 Chapter shall be backed by the credit of the City, the Commonwealth, or its political 430 subdivisions, including, without limitation, City taxes or other City funds; (iv) no C-PACE 431 Loan, C-PACE Payment, C-PACE Lien or other obligation arising from any C-PACE 432 Document, the C-PACE Act, or this Chapter shall constitute an indebtedness of the City 433 within the meaning of any constitutional or statutory debt limitation or restriction; (v) the 434 City has not made any representations or warranties, financial or otherwise, concerning 435 a Borrower, Eligible Property, Project, Capital Provider, or C-PACE Loan; (vi) the City 436 makes no representation or warranty as to, and assumes no responsibility with respect 437 to, the accuracy or completeness of any C-PACE Document, or any Assignment or 438 amendment thereof; (vii) the City assumes no responsibility or liability in regard to any 439 Project, or the planning, construction, or operation thereof; (viii) each Borrower or Capital 440 Provider shall, upon request, provide the City with any information associated with a 441 Project or a C-PACE Loan that is reasonably necessary to confirm that the Project or C- 442 PACE Loan satisfies the requirements of the Program Guide; and (ix) each Borrower, 443 Capital Provider, or other participant under the Program, shall comply with all applicable 444 requirements of the Program Guide. 445 446 Sec. 35.5-8. — Severability. 447 448 As provided by§ 1-13 of the City Code of the City of Virginia Beach, the provisions 449 of this Chapter are severable. If a court of competent jurisdiction determines that a word, 450 phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid, or 451 that the application of any part of the Chapter or provision to any person or circumstance 452 is invalid, the remaining provisions of this Chapter shall not be affected by that decision 453 and continue in full force and effect. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: j'ejito y's Office CA15507 R-1 September 9, 2021 APPENDIX A-1, C-PACE PROGRAM AGREEMENT THIS C-PACE PROGRAM AGREEMENT (the "Agreement") is made and entered into as of the date it is fully executed (the "Effective Date"), by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), (the "Borrower), and (the "Capital Provider"), and their respective successors and assigns (collectively, the "parties"). RECITALS WHEREAS, Virginia's "financing clean energy programs" law, § 15.2-958.3 of the Code of Virginia of 1950, as amended (the "Act") authorizes Virginia localities to adopt a Commercial Property Assessed Clean Energy ("C-PACE") Program (the "Program"); and WHEREAS, the City's C-PACE Program facilitates C-PACE Loans provided by Capital Providers for renewable energy production and distribution facilities; energy usage efficiency systems, water usage efficiency systems, and other similar improvements as authorized by the Act and the Program; and WHEREAS, each C-PACE Loan is secured by a voluntary special assessment lien (the "C-PACE Lien") authorized and given voluntarily by the Borrower to the City to ensure repayment of the C-PACE Loan; and WHEREAS, pursuant to Chapter 35.5 of the City Code (the "Ordinance") and the Act, the City, Borrower, and Capital Provider are required to enter into a written agreement specifying the terms and conditions for participating in the City's C-PACE Program; NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and in order to effectuate the purposes of the Act and Ordinance, the parties agree as follows: Section 1 - Definitions. Unless otherwise defined herein, capitalized terms in this Agreement shall have the same meanings as set forth in the Ordinance. Section 2 - Representations. (a) Borrower is the legal and record owner of the Eligible Property more particularly described in Exhibit A (the "Property"). (b) Borrower applied to participate in the City's C-PACE Program and desires to obtain a C-PACE Loan to install certain Eligible Improvements ("Project" or "Project Improvements") on the Property. (c) Borrower has or will enter into a Financing Agreement with the Capital Provider that sets forth the terms of the C-PACE Loan. A summary of the terms of the C-PACE Loan, including an Assessment Payment Schedule, are set forth in Exhibit B ("Loan Terms"). Borrower and Capital Provider acknowledge and agree that the Financing Agreement may include only those costs and fees for which a C-PACE Lien may be imposed under the Act and Ordinance. (d) The parties acknowledge and agree that should Borrower default on the C-PACE Loan, the City will enforce the C-PACE Lien for the benefit of Capital Provider according to the Loan Documents, the Act, and Ordinance. In the alternative, the City may assign the C-PACE Lien to the Capital Provider for enforcement according to the terms of the Loan Documents. (e) Borrower and Capital Provider confirm that they have obtained Subordination Agreements for each deed of trust or mortgage lien against the Property. Section 3 - Program Terms and Conditions. The parties agree as follows: (a) C-PACE Loan. Capital Provider will provide financing for the Project in accordance with the C-PACE Loan Documents. The Loan Terms are summarized in Exhibit B. (b) Program Fee(s): Borrower agrees to pay Program Fee(s) in the amount of $ as follows: (c) Imposition of C-PACE Lien. In consideration for the C-PACE Loan provided to Borrower under the Program, Borrower hereby requests and authorizes City to levy a C- PACE Lien against the Property in the Loan Amount set forth in the Loan Terms (Exhibit B). As evidence of the C-PACE Lien, Borrower requests that the City execute a C-PACE Lien Certificate that will be recorded in the Land Records of the City. (d) Loan Payments. The C-PACE Loan is due and payable to the Capital Provider or City for the benefit of the Capital Provider as set forth in the Loan Terms (Exhibit B) and remitted as follows: . Program Fee(s) shall be deducted from Loan proceeds at funding or from Loan Payments in accordance with the Loan Documents and Program Guide. Upon notice from the Program Administrator or Capital Provider that all amounts owing have been paid in full, the City will execute a release of the C-PACE Lien. Thereafter, the Program Administrator or Capital Provider will record the release. (e) City's Remittance of Loan Payments to Capital Provider: The City will remit all payments to the Capital Provider within thirty (30) days of receipt, subject to Program Fees as set forth in the Loan Documents, as follows: (f) Maintenance of Assessment. The City agrees to maintain and continue the C-PACE Lien on the Property for the benefit of Capital Provider until the C-PACE Loan, including all interest, fees, penalties, costs, and other sums due, is paid in full. (g) Assignment. Capital Provider shall have the right to assign the C-PACE Loan and C-PACE Lien to a successor Capital Provider, provided all of the following conditions are met: (1) The assignment or transfer is made pursuant to the requirements of the Ordinance and Program Guide; (2) The Program Administrator and Borrower are notified in writing of the assignment or transfer and provided the address where future Loan Payments should be mailed at least 30 days before the next Payment is due according to the Assessment Payment Schedule; and (3) The assignee or transferee, by operation of the Assignment or otherwise, assumes Capital Provider's obligations under the Loan Documents. Upon written notice to the Program Administrator and Borrower of an assignment or transfer of the right to receive the Loan Payments that meets all of these conditions, the assignor shall be released of all of the obligations of the Capital Provider under the Loan Documents accruing after the date of the assignment. Any attempt to assign or transfer the C-PACE Loan or C-PACE Lien that does not meet all of these conditions is void. (4) The City shall not be obligated to remit C-PACE Loan Payments to a new Capital Provider assuming the C-PACE Loan until a recorded copy of the Assignment has been provided to the City at the following address: (h) Lien Priority and Enforcement. Pursuant to Act, Ordinance, and Program Guide: (1) Delinquent Installments of the C-PACE Loan will incur interest and penalties as set forth in the Loan Documents. (2) The C-PACE Lien, together with any penalties and interest thereon: (i) has the same priority status as a lien for City real estate taxes; (ii) has superior lien status to all subordinated liens against the Property from the date on which the C-PACE Lien Certificate is filed in the Land Records of the City until the financing secured by the C-PACE Lien and any penalties and interest are paid in full; (iii) shall run with the land, and any portion of the C-PACE Lien that has not yet become due under the Loan Documents is not eliminated by foreclosure of: (i) a City property tax lien, or (ii) the lien for any past due portion of the C-PACE Loan. (iv) In the event of a sale or transfer of the Property by Borrower, the obligation for the C-PACE Lien and Borrower's obligations under the Loan Documents will be transferred to the succeeding owner. (3) In the event of a default by Borrower for failing to make the Loan Payments called for by the Loan Documents and upon written request by the Capital Provider, the City will enforce the C-PACE Lien in the same manner as a property tax lien against real property may be enforced by a City in Virginia as set forth in Title 58.1, Chapters 32 and 39 of the Code of Virginia. Capital Provider agrees to cooperate with City in its enforcement of the C-PACE Lien by providing all necessary documents and information concerning the delinquent C-PACE Loan as requested by the City Attorney's Office or the special assistant appointed pursuant to City Code 35-38 to effectuate a tax sale. (4) In a suit to collect Delinquent Payments, the City will be entitled to recover the Delinquent Payments, penalties, and interest due, and the costs and expenses of collection, including attorney's fees, all as set forth in the Loan Documents. (i) Borrower's Waiver of Certain Defenses: Confession of Judgment: By executing this Agreement, Borrower acknowledges and agrees as follows: (1) After the C-PACE Lien Certificate is recorded, Borrower waives the right to contest the Lien on the basis that the Project Improvements are not Eligible Improvements as such terms are defined herein and in the Ordinance; (2) Borrower waives all defenses, affirmative or otherwise, to a foreclosure action brought as a result of Borrower's default for failing to pay the Loan Payments due pursuant to the Loan Documents; (3) To the extent permitted by the Financing Agreement, Borrower waives all defenses to the imposition of personal liability for corporate officers as permitted under section 58.1-3965(F) of the Code of Virginia; (4) Borrower shall provide a confession of judgment if requested by the Capital Provider. (j) Written Contract Required by the Act and Ordinance. This C-PACE Program Agreement constitutes the written contract specifying the terms and conditions for C- PACE Program participation as required by § 15.2-968.3(A)(7) of the Act. (k) Transfer of Project Improvements. Borrower agrees that all Project Improvements purchased, constructed, and/or installed through financing obtained pursuant to the C- PACE Program shall be permanently affixed to the Property and will transfer with the Property to the transferee in the event of a sale or assignment of the Property. (I) No Cost to City. No provision of this Agreement requires the City to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. (m) Term of the Agreement. The term of this Agreement shall commence upon the Effective Date and shall be in full force and effect until the C-PACE Loan has been paid in full. Section 4 - Indemnification. Without limiting any other obligation or liability of the Borrower, or any right or remedy of the Capital Provider or City, Borrower agrees to indemnify and hold harmless the Capital Provider and City, their directors, officers, employees, agents, subsidiaries, and affiliates (each, an "Indemnified Party"), from and against all damages, losses, settlement payments, obligations, liabilities, claims, suits, penalties, assessments, citations, directives, demands, judgments, actions or causes of action, whether created by statute or common law, including all costs and expenses, including attorneys' fees, arising from or associated with this C-PACE Loan transaction. This section shall survive the expiration of the Term of this Agreement. Section 5 - Miscellaneous Provisions. (a) Construction and Definitions. This Agreement is to be construed in accordance with and with reference to the Act, Ordinance, and Program Guide. Capitalized terms used herein shall have the same meanings ascribed to them in the Ordinance. (b) Further Assurances. Borrower further covenants and agrees to do, execute, and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Agreement as may be reasonably necessary or required. (c) Severability. If the C-PACE Act, the Ordinance, and/or any clause, provision, or section of this Agreement, is challenged and held by a court of competent jurisdiction to be unenforceable by the City or Capital Provider, Borrower agrees to continue to make the Loan Payments required under the Loan Documents and agrees to execute any and all documentation to perfect and enforce the C-PACE Loan as required by the City or Capital Provider. The invalidity of any clause, provision, or section of this Agreement shall not affect any remaining clauses, provisions, or sections of this Agreement, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision, or section had not been included herein. (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. (e) Notices. All notices, requests, consents and other communications shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or overnight delivery service, to the parties, as follows: If to the City: [Address] If to the Borrower: [Address] If to the Capital Provider: [Address] (f) Amendment and Waivers. Except as otherwise set forth in this Agreement, any amendment to or waiver of any provision of this Agreement must be in writing and mutually agreed by the parties. (g) Applicable Law and Venue. This Agreement and its provisions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. In any action, in equity or at law, with respect to the enforcement or interpretation of this Agreement, venue shall be in a court of competent jurisdiction for the City of Virginia Beach, Virginia. (h) Successors and Assigns. This Agreement is binding upon and made for the benefit of Borrower, Capital Provider, and City and their respective successors and permitted assigns. (i) Entire Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements between the parties relating to the subject matter of this Agreement. (j) Headings. The headings in this Agreement are solely for convenience, do not constitute a part of this Agreement and do not affect its meaning or construction. IN WITNESS WHEREOF, the City, Borrower, and Capital Provider have each caused this Agreement to be executed on the date(s) entered below: CITY OF VIRGINIA BEACH, VIRGINIA BORROWER: By: By: Name/Title: Name/Title: Date: Date: APPROVED AS TO FORM: CAPITAL PROVIDER: By: By: Name/Title: Name/Title: Date: Date: § 15.2-958.3. Financing clean energy, resiliency, and stormwater management programs. A. Any locality may,by ordinance, authorize contracts to provide loans for the initial acquisition and installation of clean energy,resiliency, or stormwater management improvements with free and willing property owners of both existing properties and new construction,provided, however,that such loans may not be used to improve a residential dwelling with fewer than five dwelling units or a residential condominium as defined in § 55.1-2000. Such an ordinance shall include the following: 1. The kinds of renewable energy production and distribution facilities, energy usage efficiency improvements,resiliency improvements,water usage efficiency improvements, or stormwater management improvements for which loans may be offered. Resiliency improvements may include mitigation of flooding or the impacts of flooding or stormwater management improvements with a preference for natural or nature-based features and living shorelines as defined in § 28.2-104.1; 2. The proposed arrangement for such loan program,including(i) a statement concerning the source of funding that will be used to pay for work performed pursuant to the contracts; (ii)the time period during which contracting property owners would repay the loan; and(iii)the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality; 3. (i)A minimum dollar amount that may be financed with respect to a property, (ii)if a locality or other public body is originating the loans, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body, and(iii)provisions that the loan program may approve a loan application submitted within two years of the locality's issuance of a certificate of occupancy or other evidence that the clean energy,resiliency, or stormwater management improvements comply substantially with the plans and specifications previously approved by the locality and that such loan may refinance or reimburse the property owner for the total costs of such improvements; 4. In the case of a loan program described in clause(ii) of subdivision 3, a method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements; 5. Identification of a local official authorized to enter into contracts on behalf of the locality. A locality may contract with a third party for professional services to administer such loan program; 6. Identification of any fee that the locality intends to impose on the property owner requesting to participate in the loan program to offset the cost of administering the loan program. The fee may be assessed as a program fee paid by the property owner requesting to participate in the program; and 7. A draft contract specifying the terms and conditions proposed by the locality. B. The locality may combine the loan payments required by the contracts with billings for water or sewer charges,real property tax assessments, or other billings; in such cases,the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.),unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance. C. The locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section. D. In order to secure the loan authorized pursuant to this section,the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such clean energy systems,resiliency improvements, or stormwater management improvements are being installed. The locality may bundle or package said loans for transfer to private lenders in such a manner that would allow the voluntary special assessment liens to remain in full force to secure the loans. The placement of a voluntary special assessment lien shall not require a new assessment on the value of the real property that is being improved under the loan program. E. A voluntary special assessment lien on real property: 1. Shall have the same priority status as a property tax lien against real property, except that such voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of trust lien only if(i) a written subordination agreement, in a form and substance acceptable to each prior lienholder in its sole and exclusive discretion,is executed by the holder of each mortgage or deed of trust lien on the property and recorded with the special assessment lien in the land records where the property is located, and(ii) evidence that the property owner is current on payments on loans secured by a mortgage or deed of trust lien on the property and on property tax payments, that the property owner is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in dispute is submitted to the locality prior to recording of the special assessment lien; 2. Shall run with the land, and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien; 3. May be enforceable by the local government in the same manner that a property tax lien against real property may be enforced by the local government. A local government shall be entitled to recover costs and expenses, including attorney fees,in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax; and 4. May incur interest and penalties for delinquent installments of the assessment in the same manner as delinquent property taxes. F. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality. G. The Department of Mines, Minerals and Energy shall serve as a statewide sponsor for a clean energy financing program that meets the requirements of this section. The Department of Mines, Minerals and Energy shall engage a private entity through a competitive selection process to develop and administer the program. 2009, c. 773; 2010, c. 141; 2015, cc. 389, 427; 2019, cc. 564, 753; 2020, c. 664; 2021, c. 6. fir it ,...„, _ RS ,„ „,„...,,,,,,,,,s PUBLIC HEARING ACOUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday September 21,2021 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia, for the proposed acquisition, by agreement or condemnation,of property in fee simple necessary for the construction of a City-operated dredge transfer station(the'Project"). This Project wilt provide a site for a dredged material transfer station to address dredging needs for navigation and flood control in the Lynnhaven River and its tributaries,including the Eastern Branch channel(CIP 100152)and maintenance of the federal Canal No.2 project,among others, and will require the acquisition of the below-listed properties in their entirety.The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for the Project. ADDRESS OWNER(Now or Formerly) GPIN Common Elements- Boulevard Center Phase I 1497-75-2263-0000 2540 Virginia Beach Condominium Association Boulevard 2540 Virginia Beach 2540 VBB,LLC 1497-75-2263-2540 Boulevard,Ste B 2540 Virginia Beach 2540 VBB,LLC 1497-75-2263-2541 Boulevard,Ste A 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 htt n4://vhgov wehex com/vhgov/onst apq/E nhn7MTI D=e727R6fd5a46959d•3R992r7q 1r14r7af192 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 21,2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303;Hearing Impaired,call 711(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate,Building#23, 2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385-4161. All interested parties are invited to participate. Amanda Barnes,MMC,City Clerk BEACON:SEPTEMBER 12,2021 �, 1 zi vc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the construction of a City-operated dredge transfer station to serve the Eastern Branch Lynnhaven River Dredging Project (CIP 100152) either by agreement or condemnation PUBLIC HEARING: September 21, 2021 MEETING DATE: October 5, 2021 Background: The Eastern Branch Lynnhaven River Dredging Project (CIP 100152) (the "Project") will require land and improvements to construct a permanent dredged materials transfer site. The City has ongoing responsibilities for maintenance dredging of the Eastern Branch of the Lynnhaven River. The City also provides support for federal operations to maintain Canal No. 2, among other municipal projects. The Project restores the channel to a depth that allows the safe passage of commercial and recreational watercraft. Dredging and maintenance operations are vital to the City to preserve safe navigation and for flood control. However, operations have been stymied by the inability to identify a suitable site for dredged materials to be transferred from the water to trucks for ultimate disposition in an appropriate location. A dredged materials transfer site must be navigable for dredge equipment and barges and ideally have commercial street access for tandem axle dump trucks to haul the dredged materials. A site meeting the requirements for a transfer station has now been identified at 2540 Virginia Beach Boulevard (GPINs: 1497-75-2263-0000, 1497-75-2263-2540, and 1497- 75-2263-2541), which would be acquired in its entirety. The site is developed with a two-unit condominium office building that is currently vacant. This site's location would minimize the offloading and truck traffic impacts to nearby commercial and residential communities due to the proximity of the water's edge to Virginia Beach Boulevard. General operational conditions involving job site safety, cleanliness, permitting, performance, noise, roadway traffic, pollution, and notices to the surrounding communities will be implemented. Considerations: The last significant dredging of the Eastern Branch of the Lynnhaven River was completed in 1991. A 2004 survey of the channel revealed some areas already beginning to shoal. Based on the rate of shoaling, it is evident that the channel will require significant ongoing maintenance. The acquisition of a permanent transfer site will allow the City to operate frequent dredging cycles to maintain the channels. Channel dimensions to be maintained are approximately five (5) miles in length and sixty (60) feet in width. ▪ Funding: The acquisition will be funded by CIP 100152 (Eastern Branch Lynnhaven River Dredging Project). ▪ Public Information: A public hearing held on September 21, 2021, and public notice provided via the normal City Council agenda process. io Alternatives: Deny the request, which will delay the Project while an alternative site is located. Recommendations: Approve the Ordinance. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CONSTRUCTION OF A CITY- 4 OPERATED DREDGE TRANSFER STATION 5 TO SERVE THE EASTERN BRANCH 6 LYNNHAVEN RIVER DREDGING PROJECT 7 (CIP 100152) EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists to establish a Dredged Material Transfer Station (the "Transfer 12 Station")to improve and maintain the waterways and channels along the Eastern Branch of 13 the Lynnhaven River, and further, to provide support to the federal government to maintain 14 Canal No. 2; and 15 16 WHEREAS, the proposed Transfer Station would serve the surrounding community 17 by maintaining the navigability of the waterways and helping to prevent flooding, support 18 dredging operations, and provide dredged material management throughout the Eastern 19 Branch of the Lynnhaven River, and for other related public purposes for the preservation 20 of the safety, health, peace, good order, comfort, convenience, and the welfare of the 21 people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seq. and Title 25.1 and 33.2 of the Code 28 of Virginia of 1950, as amended, of all that certain real property in fee simple shown on 29 Exhibit A, attached hereto and made a part hereof (the "Properties"), for the purpose of 30 construction of the Transfer Station. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be made 33 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 34 offer to the owners or persons having an interest in said Properties. If refused, if the 35 Properties' owners are unable to convey clear title, or if the owners cannot be identified or 36 located, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 37 proceedings to condemn to acquire title to the Properties necessary to construct the 38 Transfer Station. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 41 , 2021 . CA15395 R-1 8/25/21 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p036\00747277.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL )e,y, c-41) ,-„O SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY OR EY EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Common Boulevard Center Phase I Condominium 1497-75-2263- Elements — Association 0000 2540 Virginia Beach Boulevard 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2540 Boulevard, Suite B 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2541 Boulevard, Suite A —) i / / //4adv--/ i-/-A-'1:4---" A ,/ ,,,, , , ig , II Cs - is, . , , .cy , ___,./ --ify ___ /9 [In\ 0 74-_, 0 , . , , --- .4•44.4.4„,,,,,.. ,//1 c. 4 ,....„, 4tie . if:" D 13 i . --_______ ,c), , 1 ,---I I s---N, ......_ eslt. " i -dr:... , • A. . --"%. , 4::, eg 1 I B *_____ Is i -.„,, 1 , _ iv OP i 10- ---,..4,„ ----,. 1•,' -C IA 1-.MH 1 7 0 40 10 r# % leclk tot jt ° 1 0 I I11 ..•' I D • 7),:i o `: fd __p 0or____ , 5 _ l0 o ::IN, -LJE:;]\vil P CA t'cl ' D (� ;alp _III Le lialritilliretil;,..itt ___„ 1!, titi_r r -0, co :ri xp, ko ,,\ ii �1}fit► _L--- CO m _ o -4 n Z 0 C� � � -- ��rir- oi d _ K ] o Q i \IVY "Z,o Iv CD D .,4► �� ---\ iVEROK64.. H Nj_____.___a' 4 .. \ \___ -.1 ,,,- i , 1 II . -7---- JP" .N\\\\-, \I v \ ,.- M *7 9" iirlif ilil ir air 'ID D ."1"'ff*I: Ill " :4, El -� I ° P_ .rzYiti-g, eZio-/Z1:27M414 ..° �V _ _ r ; ! - _tlrMar4- gra±0 ---til-N M of� c • i _._._-----\ lil J 4 if° 1 trig 11 U �� 1S n i1.. n n I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Resolution SETTING FORTH the process re nomination and election of the Vice Mayor 2. Resolution to APPOINT Ashley-Loren Grant as Assistant City Attorney, effective September 23, 2021 3. Ordinance to TRANSFER $150,000 to the FY2021-22 Communications Office Operating Budget re Ripple Effect paid media campaign (Requested by Council Member Moss) 4. Ordinance to CARRY FORWARD and APPROPRIATE $18,312,054 to the FY 2021-22 Operating Budget re purposes previously approved in FY2020-21 � ,,„ 4 N BED _.,,,:o, Z4„ ,„..- ii %. .s...., ,,,:..z.p,—, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Setting Forth the Process for Nomination and Election of the Vice Mayor MEETING DATE: September 21, 2021 • Background: The recent resignation by Vice Mayor Jim Wood has created a vacancy in the office of vice mayor. The City Charter includes two requirements for election of the vice mayor. The vice mayor must be a member of the City Council, and the vice mayor must be elected by "a majority of the members thereof." Accordingly, six votes are required for the election of the vice mayor regardless of absences, vacancies, or abstentions. The City Charter does not mandate any specific method of election. The City Council discussed the method of nomination and election of the vice mayor at the September 14th retreat. The City Council provided direction to bring forward a formal action to set forth the method of nomination and election of the vice mayor. • Considerations: The attached resolution provides for the method of nomination and election of the vice mayor. A member may self-nominate. The nomination does not require a second. The method of election among those nominated shall be by roll call vote, but if there are 3 or fewer nominations, the election may be conducted by electronic vote with each nominee being assigned a color(green, red, or yellow)for the vote. Unless such meeting is adjourned, the nomination and vote process shall be repeated until a nominee receives six affirmative votes. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Resolution REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION SETTING FORTH THE PROCESS 2 FOR NOMINATION AND ELECTION OF THE VICE 3 MAYOR 4 5 WHEREAS, the recent resignation by Vice Mayor Jim Wood has created a 6 vacancy in the office of vice mayor; 7 8 WHEREAS, the election of vice mayor requires 6 affirmative votes; and 9 10 WHEREAS, City Council discussed methods of nomination and election of the vice 11 mayor at the September 14th retreat and directed this resolution be brought forward for 12 consideration at the following formal meeting; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby provides the following parameters for the nomination and 18 election of the vice mayor: 19 • A member may self-nominate; 20 • The nomination does not require a second; 21 • The method of election among those nominated shall be by roll call vote, 22 but if there are 3 or fewer nominations, the election may be conducted by 23 electronic vote with each nominee being assigned a color (green, red, or 24 yellow) for the vote; and 25 • Unless such meeting is adjourned, the nomination and vote process shall 26 be repeated until a nominee receives six affirmative votes. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: r y's Office CA15542 R-1 September 14, 2021 v.44,,a, o. Nu ., ..,,: .,, ,...,.._ 7i ,....::„,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Ashley-Loren Grant to the Position of Assistant City Attorney MEETING DATE: September 21, 2021 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Ashley-Loren Grant as an Assistant City Attorney, effective September 23, 2021. She will primarily work with the City's real estate team. • Recommendations: It is recommended that the City Council adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney ri;^-A J City Manager: 1 A RESOLUTION APPOINTING ASHLEY-LOREN GRANT TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Ashley-Loren Grant is hereby appointed 8 to the position of Assistant City Attorney, effective September 23, 2021 . 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2021. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA15543 R-1 September 15, 2021 07 - (T1i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $150,000 from the General Fund Regular Reserve for Contingencies for the Ripple Effect Paid Media Campaign MEETING DATE: September 21, 2021 • Background: On July 13, 2021, City Council approved the Flood Protection Program Bond Referendum question for the November 2, 2021 General Election ballot: Shall the City of Virginia Beach issue general obligation bonds in the maximum amount of$567,500,000 pursuant to the City Charter and the Public Finance Act to fund the design and construction of flood mitigation measures as part of a comprehensive citywide flood protection program that includes the following Phase 1 projects: Chubb Lake / Lake Bradford Outfall, Church Point/Thoroughgood Drainage Improvements, Central Resort District - 24th Street Culvert, Central Resort District Drainage Improvements, Eastern Shore Drive - Elevate Lynnhaven Drive, Eastern Shore Drive - Phase I, Section 1 F Improvements, Eastern Shore Drive - Phase I, Section 1 G Improvements, Eastern Shore Drive - Poinciana Pump Station, First Colonial Road & Oceana Boulevard Drainage Improvements, Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North London Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The Lakes - Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge Replacement, Windsor Woods - Thalia Creek/Lake Trashmore Improvements, Windsor Woods Flood Barriers, and Windsor Woods Pump Station? To support the messaging for the bond referendum, the City Council adopted a resolution at its September 7th meeting making certain commitments regarding actions to be taken if the referendum is answered in the affirmative. These steps include fiscal controls, citizen oversight, comprehensive plan recommendations for projects that create excess discharge, and freezing the Stormwater ERU rate through 2028. Including in the fiscal controls is an estimated increase in real property taxes of 4.3 cents per $100 of a home's assessed value. That would end up costing $10 — $14 per month or $115 — $171 per year. Based on the median home assessment value of $267,600. • Considerations: In support of the Flood Protection Program Bond Referendum "The Ripple Effect" campaign, the Communications Department requests a transfer of $150,000 from the General Fund Regular Reserve for Contingencies. The ordinance includes the statutory requirement that materials or advertisements are to provide neutral information concerning issues of public concern. The estimated costs are described in particularity in the attached paid media recommendation overview. In general terms, this campaign will include $40,000 for TV commercials, $40,000 for radio advertisements, $20,000 for newspaper ads, $30,000 for targeted digital/internet ads, $10,000 for street signage, and $10,000 for social media ads. This allocation supplements the funding already provided to pay for the mailing of the brochure to Virginia Beach residents in the amount of$97,500. If approved, the Reserve for Contingencies will have a remaining balance of $1,237,600. • Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Paid Media Recommendation Overview Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO TRANSFER $150,000 FROM THE 2 GENERAL FUND REGULAR RESERVE FOR 3 CONTINGENCIES FOR THE RIPPLE EFFECT PAID MEDIA 4 CAMPAIGN 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $150,000 is hereby transferred from the General Fund Regular Reserve for 10 Contingencies to the FY 2021-22 Operating Budget of the Communications Office to 11 support "The Ripple Effect" paid media campaign. As required by Virginia Code § 24.2- 12 687(B), all such materials or advertisements shall provide neutral information concerning 13 issues of public concern that are the subject of the 2021 bond referendum. 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: udget and Management Services or y's Office CA15539 R-1 September 9, 2021 ‘1,401,70),>6 th 1 Eff t VIRGINIA BEACH FLOOD PROTECTION PROGRAM THE RIPPLE EFFECT: PAID MEDIA RECOMMENDATION OVERVIEW PREPARED BY: CITY OF VIRGINIA BEACH COMMUNICATIONS OFFICE Purpose: The Ripple Effect is a communications campaign to educate citizens of Virginia Beach regarding a bond referendum flood protection program vote on the ballot this upcoming fall election. Goal: • Development of advertising plan to expand the reach, messaging, awareness and education of the flood protection program bond referendum vote • Media tactics executed will complement the city's current efforts in targeting residents • Integrated tactics will collectively expand the reach and frequency of the messaging, while targeting the defined zip codes for less "waste" MEDIA MIX OPTIONS - DETAIL Out of Home- Election-Style Signage Size: 36"x48" Cost: 4 mil thickness with standard stakes -$43 ea. Timeline: Mid- September—Nov. 2 Installation Options: • 5 early voting locations • 95 additional voting locations • 7 rec centers (can also do digital boards inside) • 10 libraries • 19 Fire Stations • Park entrances Digital Advertising Options: Native Articles, Connected TV, Internet Radio,Google Search Based Display, Display Banners (see detail below): Native Articles Native advertising takes on the look and feel of the publish website and typically appears in-feed with actual editorial content as "Sponsored" or"Recommended" posts. • Device Targeting: Mobile, Desktop, Laptop, Tablet Demographic Targeting: Age Range, Income, Interests, Behavior, Purchase Intent • Geographic Targeting: Cities, Zip Codes 1 • Avg Click Through Rate (CTR): 0.10%-0.35% • CTR Rate Structure: Cost Per 1,000 Impressions(CPM) Connected TV Access TV-quality full episode content,follow your audience and reach them when they are most attentive in front of a big screen television or other connected device. Big name networks include ESPN, Food Network, Discovery Channel, Travel Channel, Cartoon Network, FX,TBS, Disney, HULU and more.Targeted ad placements for CTV are based on age, gender, behavior and location.Additionally,the types of devices and network content can also be specified. • Goals Fulfilled:Video Views,Awareness, Reach • Streaming Devices: Roku,Apple TV, Fire Stick,Smart TVs, IOS/Android • Demographic Targeting:Age Range, Income, Interests, Behavior, Purchase Intent • Geographic Targeting:Cities,Zip Codes • Avg Completed View Rate: 98%Completed Views • Rate Structure: Cost Per 1,000 Impressions(CPM) Creative Opportunities: :15 or:30 Second Videos Internet Radio Internet radio (also web radio, net radio, streaming radio,eradio, IP radio,online radio) is a digital audio advertising service transmitted via the Internet. Users can listen to music,custom playlists, podcasts and more. Utilize the data and trackability of digital media while maintaining the more traditional radio experience. Google Search Based Display Goals Fulfilled: Website Traffic, Reach, Branding • Device Targeting: Mobile, Desktop, Laptop,Tablet • Demographic Targeting: Keywords, Phrases,and Search Marketing Terminology • Geographic Targeting:States, DMAs, Cities,Zip Codes • Avg Click Through Rate (CTR): 0.50%- 1.05% • CTR Rate Structure: Cost Per Click(CPC) • Sample keywords: Flooding Vote Virginia Beach, Ripple Effect Flood,etc. Display Banners $8.00-$10.00 Cost Per Million (CPM) Programmatically reach 98%or more of online consumers.Access 500+ publishers, including all of the comScore top 200 website domains with servable inventory. Display ads are served cross device and optimized towards the platform that engages the target audience the best. 1st and 3rd party audience data are layered into the ad serving to ensure highest engagement possible. • Goals Fulfilled: Reach, Branding, Awareness • Device Targeting: Mobile, Desktop, Laptop,Tablet • Demographic Targeting: Age Range, Income, Interests, Behavior, Purchase Intent • Geographic Targeting:Cities,Zip Codes • Avg Click Through Rate (CTR):0.07%-0.25% • CTR Rate Structure: Cost Per 1,000 Impressions(CPM) Social Media: Facebook, Instagram,YouTube 2 Facebook Audience: • Age 21-65+, Men and Women,VB Location (Potential Audience Size: 380,000) • Interests: Community issues, Environmentalism,Sustainability(Potential Audience Size: 130,000) • Interests: Politics(Potential Audience Size: 70,000) YouTube Pre-Roll • Type: Non-skippable in-stream • Age: 25-65+ • Segment: Homeowners • Length: 15 seconds • Flight Date: mid-September—Nov. 2 • Available Impressions:91M • Target CPM: $11.41 ave. amount we are willing to pay for every 1,000/times video shown Newspaper Print/Digital Options: • Virginian-Pilot • Princess Anne Independent Editions: 10/3, 10/17, 10/31 Ad Size: Inside Half Page—4.86"x 9.9" Readership: 10-12K/month Distribution: southern Virginia Beach, Virginia Beach Oceanfront, Kempsville,Thalia, Town Center areas Cost: $245/single edition, $205 per multiple run Media Mix (NOTE:Estimates Only:Final media plan to be determined by ad agency partner;media markup and account management fees will apply): TV $40,000 Radio $40,000 Newspaper-Print/Digital $20,000 Digital Advertising $30,000 Outdoor Signage $10,000 Social Media $10,000 Total: $150,000 3 . ''"� , 47. ‘,..:,,,,...,.." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $18,312,054 for Purposes Previously Approved in FY 2020-21 into the FY 2021-22 Operating Budget MEETING DATE: September 21, 2021 • Background: Section 7 of the FY 2021-22 Operating Budget Appropriation ordinance authorizes the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances made before the close of the fiscal year. In addition to this provision of the Operating Budget ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2020-21 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by the City Council by a budget amendment or the City Manager by an authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. In addition, the use of carry forwards is not intended to be a substitute for the budget process; as such they should not be used to re-appropriate "surplus" funds or to be used as an alternative source of funding from the current fiscal year to the subsequent fiscal year that is not in alignment with its original intended use. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $18,312,054, divided as indicated among the following funds: $11,748,879 General Fund; $2,995,699 Waste Management Enterprise Fund, $1,229,480 Water and Sewer Enterprise Fund; $440,856 Parks and Recreation Special Revenue Fund, $347,539 Tourism Investment Program (TIP) Special Revenue Fund; $406,799 Federal Section 8 Program; $527,000 Fuel Internal Services Fund; $380,000 Landscaping Internal Services Fund; $8,025 Parks and Recreation Gift Fund; and $227,777 Libraries Gift Fund. Of the $11,748,879 included for the General Fund, $8,377,181 is included to appropriate the remaining balance of the three pandemic reserves established in FY 2021 . The requested appropriation of this amount is as follows: 1) $7,377,181, for City Council priorities and initiatives to be allocated as needed based on future Council action; and 2) $1 ,000,000 for a City Manager dedicated reserve pandemic response. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2020-21 Items Requested for Carry Forward into FY 2021-22 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: rtrY 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $18,312,054 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2020-21 INTO THE FY 4 2021-22 OPERATING BUDGET 5 6 WHEREAS, funding totaling $18,312,054 was unexpended at the close of Fiscal 7 Year 2020-21 and requires re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2020-21 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $18,312,054 is hereby appropriated in the FY 2021-22 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2020-21 15 Items Requested for Carry Forward into FY 2021-22," with a corresponding increase in 16 specific fund reserve revenue from each respective fund stated therein. Requires an affirmative vote by a majority of all of the members of City Council. 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: udget and Management Services y torn , Office CA15538 R-1 September 9, 2021 Exhibit A: FY 2020-21 Items Requested for Carry Forward into FY 2021-22 General Fund Department Amount Purpose Police $ 80,000 Staffing and Structure Assessment approved by Council in April 2021. Police $ 99,000 Funding for intelligence software transferred to Police from Economic Development. Police $ 9,600 Funding for Animal Control to purchase small animal/reptile caging system. Police Implementation of in-car cameras for approximately 220 vehicles to $ 886,383 be completed by December 2021. Cultural Affairs $ 115,000 5/31 Memorial Consultant funding previously approved by City Council. Housing&Neighborhood Preservation $ 120,242 VB Home Now funding for addressing homelessness.Funds must be used for appropriated purpose to be in compliance with donation. Fire $ 70,150 Funding for Nitrile glove contract unable to be encumbered before end of the fiscal year. Virginia Aquarium $ 73,000 Equipment associated with the opening of the South Building that was delayed from May to October 2021. Inventory management system purchase unable to be encumbered by Emergency Medical Services $ 15,000 the end of the fiscal year. Non Departmental-Vehicle Replacements $ 950,741 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Public Works-Operations $ 462,232 Annual contract with Cartegraph for asset management. Human Resources $ 200,000 Funding for market salary survey to be conducted during FY 2022. Parks&Recreation $ 50,000 Surfacing for skateboard ramp at Mt.Trashmore Planning $ 238,000 Microtransit Demostration Project with HRT. HRT to advertise RFP in the coming weeks with goal of contract award by December General Government $ 7,377,181 City Council initiatives and pandemic response as needed. General Government $ 1,000,000 City Manager dedicated reserve for pandemic response. City Council $ 2,350 Remaining balance of funds previously approved for the Ignite Series General Fund Total $ 11,748,879 Waste Management Enterprise Fund Public Works $ 2,995,699 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Waste Management Enterprise Fund Total $ 2,995,699 Water and Sewer Enterprise Fund Funding for Vehicle Replacement Program vehicles were unable to be Public Utilities $ 1,229,480 purchased during the fiscal year. Water and Sewer Enterprise Fund Total $ 1,229,480 Fuel Internal Service Fund Public Works $ 527,000 Fuel Tank Replacement Fuel Internal Service Fund Total $ 527,000 Parks and Recreation Special Revenue Fund Parks and Recreation $ 440,856 Summer Youth Employment Program Parks and Recreation Special Revenue Fund Tote $ 440,856 Federal Section 8 Program Housing and Neighborhood Preservation $ 406,799 Funding for Equity Professional Development and HCV Administrative Funds provided through the Federal Section 8 fund. Federal Section 8 Program Total $ 406,799 Landscaping Internal Service Fund Parks and Recreation $ 380,000 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Landscaping Internal Service Fund Total $ 380,000 Tourism Investment Program(TIP)Fund Public Works $ 262,539 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Parks and Recreation $ 85,000 funding for ADA ramp replacement at Grommet Park. Tourism Investment Program(TIP)Fund Total $ 347,539 Parks and Recreation Gift Fund Parks and Recreation Donations for Postponed Programs as a result of Parks and Recreation $ 8,025 COVID Parks and Recreation Gift Fund Total $ 8,025 Library Gift Fund Library $ 227,777 Bookmobile Replacement Library Gift Fund Total $ 227,777 $ 18,312,054 Total FY 2020-21 to FY 2021-22 Carry Forwards K. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots along Indian River Road just South of South Independence Boulevard DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. TED TIGNOR for a Change in Nonconformity re an addition and enlargement of existing dwelling at 501 Carolina Avenue DISTRICT 6—BEACH 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 (Deferred from September 7, 2021) RECOMMENDATION APPROVAL 4. WAKEFIELD DEVELOPMENT, LLC / MERLIN BEILER, TRUSTEE OF THE ELVA Y. BEILER TRUST & OF ELVA Y. BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six (86) lot single-family community at 2328 & 2264 Salem Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. TWO FARMS, INC DBA ROYAL FARMS / HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business and Conditional Use Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard & Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL U Bit NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September 21,2021 at 6:00 p.m.in the Council Chamber at City Hall,Building 1, 2.Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on 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: httos://vbeov webex.com/vbeov/onslavp/e.DhD?MTID=e72786fd5a4635 2d38292c751d4c7a092 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 21,2021. The following requests are scheduled to be heard: Thomas A. Brown (Applicant& Property Owner)Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address: Indian River Road GPIN(s): 1474086452,1474088386 Council District Centerville Ted Tignor(Applicant&Property Owner)Change in Nonconformity Address:501 Carolina Avenue GPIN(s):2427132281 Council District:Beach Wakefield Development,LLC(Applicant)Merlin Beiler,Trustee of the Elva Y.Beiler Trust&of Elva Y.Beiler Land Trust(Property Owner)Conditional Rezoning(R-15 Residential District&AG-1 Agricultural District to Conditional R-10 Residential District for construction of 86 dwelling units at a density of approximately 2.14 units per acre)Addresses: 2328&2264 Salem Road GPIN(s): 1484163140, 1484058862 Council District Princess Anne Two Farms, Inc. dba Royal Farms(Applicant) Hollomon-Brown Funeral Home, Bayside Chapel, Inc. (Property Owner) Conditional Rezoning (0-2 Office to Conditional B-2 Community Business)Conditional Use Permits(Automobile Service Station,Car Wash Facility)Address: Parcel at the southeast corner of General Booth Boulevard&Princess Anne Road GPIN(s):2414050844 Council District Princess Anne Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St. Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc. For information call 757-385-4621. Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/govemment/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-SEPTEMBER 5&12,2021-1 TIME EACH ';::4 ' / \ 0\ N '''/:--/, ,-,,,, /,03 �� a �CC � ' . Nor '( \\ CD '' \- �� N ((��jjo J w 6Y,,,,,: y0V 0 M l i\;,,,;-,x_q__e . „- \ cc ,,,___,--- 1 1- a - air Q\ \ \C2,3 ,z-zz C\ 'It _-" �� 0 -11 ' __L— ----"r '''----- -- \ OPY Oc-: (0 Q y o I? ‘1 ��o �� 0 Ct . o 1 Et o V \ o\,_ ° � �\ CO a > 7d► Cl) Fe co ..i E g Ce C4 `oI p /, 0 \ O 7 Cce - -- - N Q a >, i o c acn tC , 73 0 0 .5 Cl) O- N CO is I.) CITY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at (GPIN 14740864520000, 14740883860000). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: September 21, 2021 • Background: The applicant is proposing the subdivision of two lots along Indian River Road to create a total of three lots. The parcels identified as "1.9 Acres" and the "Residual of Parcel C," which is a quarter of an acre, were both legally created lots on property zoned R-10 Residential District. The Residual of Parcel C, however, is called out as a non-buildable lot on its Plat of creation due to being a leftover piece of a larger parcel that was reserved for the Indian River Road relocation. The proposal will result in three residential lots with lot areas of 35,869 (Parcel C- 1), 42,852 (Parcel C-2), and 13,718 (Parcel C-3), which all exceed the minimum requirement. Parcels C-2 and C-3 will meet the 80-foot lot width requirement; however, Parcel C-1 will only have a width of 75.81 feet at its front setback. As Parcel C-1 will not meet the all standards required in the Zoning Ordinance for parcels in the R-10 Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. • Considerations: Parcel C-1 continues to widen as it departs from the Indian River Road right-of- way. At a distance of 90 feet from the right-of-way, the parcel does widen to the requisite 80 foot width. The applicant has indicated that any new dwelling on this parcel would not be constructed closer than 90 feet from Indian River Road. A condition to this effect has been included within the Staff Report so that the buildable area at the conditioned front setback will be consistent with other R-10 Residential lots. The lots are located along a section of a two-lane arterial, Indian River Road, that connects Lynnhaven Parkway to Elbow Road. Limiting the number of access points on arterials is an important factor in ensuring these roadways can function both efficiently and safely. To that end, a condition that Parcel C-1 and Parcel C-2 share a singular access point has been included. To the east of the proposed lots, Glenwood Place was granted a PDH2 overlay to Thomas A. Brown Page 2 of 2 be developed with a R-10 density but with reduced lot sizes of 6,000 square feet and a minimum lot width of 60 feet. The reduction of lot width of Parcel C-1 by just over 4 feet deviates less from the R-10 standards than the nearby approved overlay. 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 passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision Exhibit of Parcel Designated as '1.90 Ac.' and `Residual of Parcel C"' dated January 28, 2021 , prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plans"). 2. Access to Parcels C-1 and C-2 shall be provided via a singular curb cut in order to reduce impact to Indian River Road. 3. No structures shall be constructed on Parcel C-1 within 90 feet of the Indian River Road right-of-way, as depicted on the exhibit identified in Condition 1 above. • 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: ( � 1 Applicant & Property Owner Thomas A. Brown Agenda Item Planning Commission Public Hearing August 11, 2021 City Council Election District Centerville Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations O tJC Staff Recommendation ,t Approval P t Staff Planner Pia % 000/11114 Aubrey A. TrebilcockOir 40) Location East side of Indian River Road, 620 feet south of 1111 S. Indepedence Boulevard "StJ ( `� GPINs 14740864520000, 14740883860000 4/101 Site Size I 2.10 acres AICUZ t j2 Less than 65 dB DNL ✓� Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped land/ R-10 Residential • pboe q Surrounding Land Uses and Zoning Districts .. North Undeveloped land /R-10 Residential South y" Indian River Road, Stumpy Lake Natural Area/ P-1 Preservation East Undeveloped land/ R-10 Residential West Assisted Living Facility/ R-10 Residential Thomas A. Brown Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is proposing to subdivide two lots along Indian River Road,a parcel designated as"1.90 Ac.""and "Residual of Parcel C" is 0.24 acres, in order to create a total of three lots on property zoned R-10 Residential Zoning District.The dimensional standards for lots in this district require a lot size of at least 10,000 square feet and a minimum lot width of 80 feet,which is measured at the 30-foot front yard setback.The proposed lots will all exceed the minimum lot size with areas of 35,869,42,852,and 13,718 square feet; however,one of the lots will be 4.19 feet shy of the minimum lot width requirement of 80 feet. • The two subject lots,which together total 2.10 acres,exist as undeveloped,vacant parcels.The parcel designated as "1.90 Ac.,"was legally created by plat on May 23, 1968 in Map Book 75, Page 40.The 0.24-acre parcel(Residual of Parcel C with 10,493 square feet)was legally created by plat on February 2, 2005 in Instrument Number 2005020200018350. On the plat, it is noted that this parcel is "not a building site" due to its configuration and inability to meet the dimensional standards of the R-10 Zoning District. Its nonconforming shape was caused by the majority of Parcel C being reserved as right-of-way for the relocation of Indian River Road.The parcel, "Residual of Parcel C," is what remained after this reservation. • The proposal will result in three residential lots with lot areas of 35,869(Parcel C-1),42,852 (Parcel C-2),and 13,718 (Parcel C-3),all above the minimum requirement. • Parcels C-2 and C-3 will meet the 80-foot lot width requirement; however, Parcel C-1 will only have a width of 75.81 feet at its front setback.As Parcel C-1 will not meet the all standards required in the Zoning Ordinance for parcels in the R-10 Residential District,a variance to Section 4.4(b)of the Subdivision Regulations is required. Required Street Proposed Proposed Line Frontage in Required Lot Proposed Lot Required Lot p g Street Line Width Proposed Lot Lot R-10 Frontage Width Area (feet) (feet) (square feet) Area (feet) (feet) (square feet) Parcel C-1 64 73.55 80 75.80 10,000 35,869 Parcel C-2 64 79.86 80 80.00 10,000 42,852 Parcel C-3 64 79.41 80 80.00 10,000 13,718 .n 1 "i 0.14,0 R1C �11M ,. �` Zoning History # Request • 1 CRZ(AG to Conditional R-10 with PD-H2 Overlay) � Arc Approved 12/14/2004 /j 0 2 CUP 9 15(Assisted2015 Living in Single Family Home)Approved / 3 CRZ(AG to Conditional R-10 with PD-H2 Overlay) Approved 12/10/2002 4 4 CUP(Church)Approved 01/10/1996 i : 2) • Thomas A. Brown Agenda Item 11 Page 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. As the 80-foot minimum lot width requirement is ultimately met for proposed Parcel C-3 at 90 feet from the right-of- way,the applicant has indicated that any new dwelling on this parcel or the adjacent proposed Parcel C-2 would not be constructed any closer than 90 feet from Indian River Road. A condition to this effect has been included so that the buildable area at the conditioned front setback will be consistent with other R-10 Residential lots. The lots are located along Indian River Road,a two lane minor arterial that connects Lynnhaven Parkway to Elbow Road. Limiting the number of access points is an important factor in ensuring arterials are able to function both efficiently and safely.To that end,a condition that Parcel C-1 and Parcel C-2 share a singular access point has been included. In Staff's view,creating three parcels on 2.10 acres of property zoned R-10 Residential District would not be out of character with the zoning or surrounding neighborhoods.To the east of the proposed lots,the Glenwood Place was developed with a R-10 density but with reduced lot sizes to 6,000 square feet with a minimum lot width of 60 feet.The reduction of lot width of Parcel C-1 by 4.19 feet would deviate much less from the R-10 standards than the nearby approved overlay. In addition,the existing lot is oddly shaped and on the proposed lot layout shows that as the property is measured further back,the lots can have an 80 foot lot width meeting the requirements of the R-10 district and the residences are proposed to be setback as noted above. As a proposed residential development,this project is in line with the goals of the Suburban Area as defined by the Comprehensive Plan. As noted above,the lots will not be out of character within the context of the surrounding area. The residential developments should also have minimal impact to the surrounding natural resources,such as Stumpy Lake Park.As the variance request is minor in nature,Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision Exhibit of Parcel Designated as '1.90 Ac.'and 'Residual of Parcel C"'dated January 28, 2021, prepared by Gaddy Thomas A. Brown Agenda Item 11 Page 3 Engineering Services, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter,the "Subdivision Plans"). 2. Access to Parcels C-1 and C-2 shall be provided via a singular curb cut in order to reduce impact to Indian River Road. 3. No structures shall be constructed on Parcel C-1 within 90 feet of the Indian River Road right-of-way, as depicted on the exhibit identified in Condition 1 above. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Suburban Area,which encompasses the preservation and protection of the overall character, economic value, and aesthetic quality of the existing surrounding neighborhoods. Preserving neighborhood quality and characteristic requires that all new development or redevelopment projects to maintain or enhance the existing characteristics of the area, including efforts to protect the natural environment and the historic and cultural resources. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and across the street from Stumpy Lake Park which is within the Southern Rivers Watershed Buffer Area.There are no wetlands, floodplains subject to special restrictions, or watershed buffer areas within the subject site. As a result,there should be no negative impact to the nearby natural resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1 1 a Existing By-right Land Use 2-20 ADT Indian River Road 9,500 ADT 12,500 ADT (LOS „D") Proposed Land Use 3—30 ADT 1 Average Daily Trips z as defined by two single-family 3 as defined by three single family °LOS=Level of Service lots/homes lots/homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is a two-lane minor suburban arterial and no roadway improvements are planned for this section of the roadway. However, behind the site to the east, the City will be constructing the Indian River Road Relocated Phase VITA and B project that will provide a four-lane divided roadway from Lynnhaven Road to Elbow Road, which will turn the existing Indian River Road through this area into a two-lane local roadway. These projects are scheduled to begin construction in July, 2022 and be completed by October, 2024. Public Utility Impacts Thomas A. Brown Agenda Item 11 Page 4 Water City water is available. Sewer City sanitary sewer is available. 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. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 5, 2021 and September 12, 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 September 6, 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 17, 2021. Thomas A. Brown Agenda Item 11 Page 5 Existing Lot Layout 1'NO I'i6RESS'EGRESS EASEMENT- /ND/AN R/VER ROAD RELOCATED (VARIABLE WIDTH RIGHT=OF WAY/WA/IMPROVED) (/NSTR.20090/27000080800XPLAT) S36 46'52"E (/NS777.2011032517009309/30)(PLA7) 19.42'- 1004' PINTS) PIN(S) ii F'' PARCEL A-I' N../F THE an-OF VIRGINIA BEACH (/NSTR 20090407369440) GPI' 1474-08-6748 N 3,448.573 04 N: 3.448.375.92 / E:12.170.724 50 E:12.170.877.56 249.57'O/A(FIELD) ?4 P/N(F) S37'49'46`E 269.34'O'A(PLAT) P/N(F) �- 00 V7 Parcel Designated as "1.90 Ac." Residual of 81,500 sq. ft. Parcel C 10,500 sq. ft. 217 ft. ' ft. 4 •IN(S) PIN(S) N38'39'13"4V (FIELD) 2203' 217.29'OIA(PLAT) N33 19.17' xr.TaPI /ND/AN R/VER ROAD SOUTH (VAR/ABLE WIDTH RIGHT-OF-WAY) AIDEPENDENCE (/NSTR.2O0502020018350)(PLAT) 81 eV (MB 75,PG.40) Thomas A. Brown Agenda Item 11 Page 6 Proposed Lot Layout a'NO INGRESS'EGRESS EASEMENT—) /ND/AN RIVER ROAD RELOCATED (VAR/ABLE WIDTH RIGHT•OF•WAYhUNIMPROVED/ (/NSTR.2 009 0 11700 0 0B0800)(PLAT) S36 46.52.E (INSTR..2011032500 0309130)(PLAT) 19 42' 10 04' " PIN(.S) PINS' rq / - PARCEL A•1' ' ti' Lc in NF THE CITY OF V/RG/NIA BEACH ~ (/NSTR 20090W700036944C/ GP/N 1474-08-6748 N. 3.448.573 04 N 3.448.375 92 ti Q E 12 170.724.50 E 12,170.877 56 a w 249-57'0/A(FIELD) P/N(Fj P/N(FJ S37 49'46"E 269.34'0!A(PLAT) t02-10' O PINS) •• - co . 4 b • • $ r PARCEL C-2 PARCEL C-1 42,852 S F 35,869 S F. OR 0 984 AC OR 0.823 AC. z is • ri . N 90'FRUHI SETBACK 80 31' v c PARCEL C-7 13.718SF. OR 0.315 AC 41fia -- --,� 30 3R6NT SETBACK __...� 75.80' 80.00' 54.61' 25.39 73 55' 79.86' 60.24' • 'IN(S) PIN(S) N38 39'13"W 213.65'O/A(FIELD) N33'1723"W 22 03' 2t729'OA(PLAT) 19.17 --- /ND/AN R/VER ROAD 511.90'TOP.I g SWUM (VARIABLE WIDTH RIGHT-OF•WAY) INDEPENOENCf (/NSTR 200502020018350)(PLAT) F V (MB 75,PG 40) Thomas A. Brown Agenda Item 11 Page 7 Proposed Lot Entrances 1'NO INGRESS/EGRESS EASEMENT /NOG4A/RIVER ROAD RELOCATED (VARIABLE$IDMRIO/T-C WAY,11X ) (/NSTR 20090127 )(PLA7) 836"48.8TE 01S772 2O11QAZ.f0 1.R9�AT) 19.47 1004' ` `�� PIN(S) PIN(S) 1'•\ •,: 4IN A. o PARCEL A-9' '° `i oi ao h AMP THE CITY OF VIRGIN/A BEACH 2 (INSTR 200904070003694401 GP/N 1474-08-6748 N. 3,448,573.04 N 3,448,37592 ti e E 12,170.724 50 E 12,170,877 56 J w 249.57'0/A(FIELD) a u. PAM S37°49'46"E 269.34'0/A(PLAT) / WI9 r Q O ' 147.47' PINS) 102.10' . v N O • N A•6. Vry -Q.• Q OD SO co ;` . h?• PARCEL C-2 PARCEL C 1 42,852S.F. ti I:,•co _ w 35,869 S.F. OR 0.984 AC. 'v OR 0.823 AC. • v 7- R 4')� <4 • • • • N 90'FRONT SETBACK . N 80.31' i v PARCEL C-3 ui N 13,718 S.F. N64 20'22"E 144 47 OR 0.315 AC. W 13 *NTSETBACKb • 33 75.80, ,r 80.00. 4 N 1 723"W 61' 25.39' N 3 1 PIN(S) i WI 73.55' 79.86' 60.24' _ PIN(S) * SHARED 22 03' M ENTRANCE N38 39'13'W 213 65'0/A sitar ;° /ND/AN R/VER ROAD 217 29'O/A(PLAT) SOUTH /NDEAENDE (VARI4BLEW/DTHR/Gf1T-C7F-WAYJ B[VD. (INSTR.200502020018 50)(PL 47) (MO 73•PG.40) Thomas A. Brown Agenda Item 11 Page 8 Site Photos -= • 4 j . M 4 -,. "Mg,..,, siikr.-•:".i. ..- •• . ..., Ira 'e% (:•,, .. , 'ix �. �y ... I q, •a7a V- 14. • • y� I -fly '+s t 1;�p�v}� 'y .sT. <A* ) : }�, Y . ..s. • .y . `.. t. I. • ., `> # s. 0- -111. .: ` _•. _.. _ "- ,.yam • ye'. = a $ �•es, i ,. . : • cl" - ..a• te`# i. ,i\ _t_ _ ` •,i.+ • • x v .. "ititx Thomas A. Brown Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement 11113 Cum rftt n,Bax!. 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 Thomas A.Brown Does the applicant have a representative? •Yes 0 No • if yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes NI No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Thomas A. Brown Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement \43 Caw f Virginia Bed. 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 Dominion Financial Group 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 Creed Realty-Thomas A.Brown(Owner/Applicant) 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2 Thomas A. Brown Agenda Item 11 Page 11 Disclosure Statement • 6. Does the applicant haves construction contractor in connection with the Subject of the application or any business operating or to be operated on the property?C Yes ■No • tf 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?I Yes ❑No • If yes,identify the firm and individual providing the service. Gaddy Engineering 8- Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the turn and irriividuaf providing the service. R.Edward Bourdon,Jr.,Esq.;Sykes,Bourdon,Ahem&Levy,P.C. Applicant Signature I certify that allot the Information contained in this Disclosure Statement form is complete,true,and accurate. I urtit.,stantith upon receipt of notification that the application has been scheduled for public hearing.I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature —. .._ Thomas A.Brown Print Name and rile � //.Zo2- f Date Is the applicant also the owner of the subject property? U Yes ❑No • if yes,you do not need to till 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 It•rpgr,sat•! Dale 08131..+'2021 s+a�a,ur• �.:« _.� � _rrin"'am* 'Aubrey Trebilcock fivi3rd1j09.2020 3ivai;c Thomas A. Brown Agenda Item 11 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 11 Page 13 Item # 11 Thomas A. Brown [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Property located on the east side of Indian River Road, 620 feet south of S. Independence Boulevard August 11, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: The next item on the consent agenda is agenda item #11, Thomas A. Brown for Subdivision Variance. The address is Indian River Road. Is there a representative for this item? Mr. Bourdon: Thank you Commissioner Wall, Chairman, members of the Commission, for the record Eddie Bourdon, Virginia Beach attorney representing Mr. Brown. First of all, I want to thank Aubrey for his work on the application. All three conditions as recommended are acceptable. Because it came up as informal, we will provide a new exhibit before it goes to Council, showing the shared driveway between parcels C1 and C2. It will split the property line that is shared between them and go back at least 30 feet before it, splits off, but we will provide that, but I want to put that on the record. Thank you for putting it on the consent agenda. Mr. Wall: Is there any opposition for this item to be on the consent agenda? Hearing none, we've asked Mr. Coston to read this into the record. Mr. Coston: Thank you sir. The applicant Thomas Brown is proposing to subdivide two lots along Indian River Road. A parcel designated as 1.9 acres and residual of partial C is 0.24 acres. In order to create a total of three lots on property zoned R10 residential zoning district. The dimensional standards for lots in this district require a lot size of at least 10,000 square feet and a minimum lot width of 80 feet which is measured at the 30-foot front yard setback. The proposed lots will all exceed the minimum lot size with areas of 35,869 square feet, 42,852 square feet and 13,718 square feet. However, one of the lots will be 4.19 feet shy of the minimum lot width required of 80 feet. The proposal will result in three residential lots with lot areas as stated before, all above the minimum requirement. Staff recommends approval and the Planning Commission concurs. 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 1 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. 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. 2 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 developed substantially as shown on the exhibit entitled, "Subdivision Exhibit of Parcel Designated as '1.90 Ac.' and 'Residual of Parcel C"' dated January 28, 2021, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plans"). 2. Access to Parcels C-1 and C-2 shall be provided via a singular curb cut in order to reduce impact to Indian River Road. 3. No structures shall be constructed on Parcel C-1 within 90 feet of the Indian River Road right-of-way, as depicted on the exhibit identified in Condition 1 above. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 OiZ 00Z 09 L 0Z L 09 Ob OZ 0 lead sil =Imo mom - 6u!pl!n8 6u!uoZ s anuanv eu!Ioaeo l.p5 suo6AIod Apadoad j i ,,1 ," m aou6il pal a1!s %/ N _, tp.vk ,7, , , , ,\, 5SN _-----;tAo gig \s 0 IP' ° Us\OM, lei ' II° ___-/ '''' -- c_______\ in 0 ,...... ,,,,,.. , 9_,_ _, c:::, \ , , ----eicia"-/ \ \\---\-\\C-\ c. c-f ' r§S1:1 6 \_„___.\\ !GcD, Q0k-,_,i1---\-1 . 0 r4 - cAL3 ,,,, - ,t, , \.,__} . „ P\ , _ 0 .ss ko , '\ \T-1 A , ,df,v 0 c„ _SS-II-- o �m anuand ��. -1\-\ ' 132-5\\O \ , -------1-- - \ .r.,__\ ___------- ,,,' it \ molgo _ and- s uc_-J S-5>21 a "7-n fq'\30U, -1 0 43 ' --\----- .3.,H 6- 0 Gik '' '' ' -7:\ 1 o ©_ Q 0 _ 60N___—_-____-i _ 3 \ ------ ,telo. _7_ C, \— �--\ \ ° \ �, ,,,,AN , antra 1 7 ® S5. \ \:::3 ,..... -\-----r- _- ° rue nd �, c-- q � a o o 00 0 0 a 1 - 1 f� fat i ;s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TED TIGNOR [Applicant & Property Owner] Change in Nonconformity (Residential Expansion) for the property located at 501 Carolina Avenue (GPIN 2427132281). COUNCIL DISTRICT — BEACH MEETING DATE: September 21, 2021 • Background: This site is developed with two detached single-family dwellings. Constructed in 1945, the principal dwelling fronts Carolina Avenue. In 1950, a smaller secondary dwelling was constructed on the rear portion of the lot fronting Baltic Avenue. Following the adoption of the Zoning Ordinance for the City of Virginia Beach in 1957, the presence of more than one single-family dwelling on a single lot was prohibited within the R-5S Residential District. Therefore, the use of this site is considered legally nonconforming. The subject property was granted a Change in Nonconformity request in 2015 to expand the principal dwelling by 335 square foot to accommodate a master bedroom. The applicant now seeks a similar request to further expand the principal dwelling by 1 ,020 square foot to include the enlargement of the living room, the addition of a playroom/entertainment room, a bedroom, and a bathroom; the elimination of the existing rear deck; and the conversion of a bedroom to a sunroom. Also proposed is the replacement of exterior vinyl siding with fiber cement siding, which can be done without City Council consideration. The R-5S district also has a limitation of 40% lot coverage. The applicant is requesting approval to increase the amount of lot coverage from 41% to 46%, as permitted by Section 107(i) of the Zoning Ordinance, to accommodate the proposed addition. • Considerations: Section 105(d)(1) of the Zoning Ordinance states, "no nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity...exception...by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity." In Staff's view and the Planning Commission concurs, the modifications are reasonable and appropriate for the area. No increase in density or alteration of the existing residential uses are proposed. The renovations will be compatible with the character of the neighborhood. Ted Tignor Page 2 of 2 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received 10 letters in support of this request. ■ Recommendation: On August 11, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval. 1 . There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINA AVENUE," dated June 14, 2021 and prepared by Residential Designs, LTD., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The principal dwelling unit shall not be used for Short Term Rental. 3. The gravel parking area located between the principal dwelling unit and Baltic Avenue shall be restored to a pervious surface area and shall not be utilized for parking unless the appropriate permit is obtained from the City. • Attachments: Staff Report and Disclosure Statements Location Map Ordinance Minutes of Planning Commission Hearing Letters of Support (10) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department --. '0 City Manager: 0 1 A RESOLUTION AUTHORIZING AN EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 501 CAROLINA AVENUE 4 5 WHEREAS, Ted Tignor(the "Applicant") has made application to the City Council 6 for authorization to expand the primary nonconforming dwelling at 501 Carolina Avenue 7 and zoned R-5S Residential Zoning District with the expansion of the primary 8 nonconforming dwelling; 9 10 WHEREAS, this parcel currently contains two dwellings which is not allowed in the 11 R-5S Zoning District, but the dwellings were constructed prior to the adoption of the 12 applicable zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on August 11, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structure as expanded will be 20 equally appropriate or more appropriate to the zoning district than is the existing structure. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed primary nonconforming 26 dwelling as expanded, will be equally appropriate to the district as is the existing primary 27 nonconforming dwelling under the conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the expansion of the primary nonconforming dwelling is hereby authorized, 33 upon the following conditions: 34 35 1. There shall be no development of the site beyond the improvements shown on 36 the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINA 37 AVENUE," dated June 14, 2021 and prepared by Residential Designs, LTD., 38 which has been exhibited to the Virginia Beach City Council and is on file in the 39 Department of Planning & Community Development. 40 41 2. The principal dwelling unit shall not be used for Short Term Rental. 42 43 44 3. The gravel parking area located between the principal dwelling unit and Baltic 45 Avenue shall be restored to a pervious surface area and shall not be utilized for 46 parking unless the appropriate permit is obtained from the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --#'111.16 6,Y-\. kJ&„beer-0 Planning and Comm ity City Attorney's Office Development CA15504 R-2 August4, 2021 2 Applicant & Property Owner Ted Tignor Agenda Item Planning Commission Public Hearing August 11, 2021 AB City Council Election District Beach 1 0 Virginia Beach Request Nonconforming Use (Residential Expansion) Staff Recommendation 1411,V...' 'r !: Approval ,,,,s''•'' 4 \III" ---rii,,if Staff Planners �°''""' k —A" h{,gplk Avlow. Grace Pullen & Hoa N. Dao ,,,,a�` , I ` Location . • $� ,,.,...••.''. „d.• * 1 Y 501 Carolina Avenue _ _ %..r•► _ µ« GPIN i 1 _' 24271322810000 1 _-- - sw :1‘ Site Size 'A--'-. 5,472square feet T ' - w0 AICUZ �_`',^'"' .mow ., 70-75 dB DNL , � "�+• Watershed 1— ---\ Atlantic Ocean Existing Land Use and Zoning District Two detached single-family dwellings/R-5S a Residential ' Surrounding Land Uses and Zoning Districts s North - Single-family dwelling /R-5S Residential . T . , South tr L,. Carolina Avenue - } - Single-family dwelling/R-5S Residential _ > "' East . ill " di Baltic Avenue ` Single-family dwelling /R-5S Residential -' Westv. i- ,- Single-family dwelling /R-5S Residential �` Ted Tignor Agenda Item 10 Page 1 Background &Summary of Proposal • This site is developed with two detached single-family dwellings. Constructed in 1945,the principal dwelling fronts Carolina Avenue. In 1950,a smaller secondary dwelling was constructed on the rear portion of the lot fronting Baltic Avenue. Following the adoption of the Zoning Ordinance for the City of Virginia Beach in 1957,the presence of more than one single-family dwelling on a single lot was prohibited within the R-55 Residential District. Therefore, the use of this site is considered legally nonconforming. • In 2015,the applicant submitted a request for a 335 square foot expansion of the nonconforming use to accommodate a master bedroom. Staff recommended approval of the request with the attached condition that the applicant may not develop the site beyond the improvements shown on the submitted site plan. City Council approved the request on January5,2016. • The applicant is proposing a 1,020 square foot addition and renovations to the principal structure to include replacement of the vinyl siding with Hardie plank siding,construction of a living room, playroom/entertainment room, bedroom, and bathroom; elimination of existing rear deck;and conversion of the front downstairs bedroom to a sunroom. • No changes are proposed tothe 600 square foot dwelling unit. This dwelling unit is grandfathered for Short Term Rental uses. k--Q 1*.ijPW MAC^d .ems: i ,--,V �,,�_-1 ry Ca ® Zoning History r ; �1 # Request L_S i t 1 n - _,'. --- s \.` *OA CUP(ShortTermRental)Approve07/30/2020 `�``' �`'. '--- 2 NON(Enlargement to Nonconforming Use)Approved '' cemnro�ye^w r 12/09/2015 `J�y Application Types _ CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(d) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed,but not to allow them to become enlarged,expanded,extended, or relocated"except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." The applicant's request to expand their principle single-family dwelling is,in Staff's opinion, reasonable and appropriate for the district. The proposed 1,020 square foot addition will not increase density Ted Tignor Agenda Item 10 Page 2 or alter the use of the site. Moreover,the proposed addition and external renovations are compatible with the residential nature of the surrounding area and character of the neighborhood. The maximum lot coverage permitted for a single-family dwelling in the R-5S Residential District is 40 percent. With the proposed addition,the calculated total lot coverage including the rear secondary dwelling will increase from approximately 41 percent to 46 percent. The applicant proposes to address this increase in lot coverage through Section 107(i) that allows City Council,for good cause shown and upon finding that there will be no significant detrimental effects on surrounding properties,allow for reasonable deviations from the required lot coverage. In Staffs opinion, the scale and location of the proposed addition is appropriate and in character with the surrounding residential community and there will be no detrimental impacts on the surrounding properties. Section 241.2(12)of the City Zoning Ordinance regulates the grandfather status of Short Term Rentals. It states that "any expansion of the footprint of the dwelling housing the Short Term Rental that expands the overall square footage by more than twenty-five percent or one thousand square feet,whichever is less,shall have its gra ndfathered status revoked." The applicant did not submit for grandfathered status of Short Term Rental for the principal dwelling.Given that this expansion would be over twenty-five percent or 400 square feet,Condition 2 is recommended to ensure the granting of this request would not violate Section 241.2(12)of the Zoning Ordinance.Since the proposal is for the expansion of the principal dwelling,the grandfathered status for Short Term Rental use in the secondary dwelling would remain intact. During Staffs field visit to the property, it was discovered that there is an unpermitted gravel parking area of approximately 336 square feet between the principal dwelling and the right-of-way on Baltic Avenue. This exceeds the maximum driveway width outlined in Section 3.9.F.5 of the Public Works Design Standards Manual by approximately 16 feet. The applicant was informed that the gravel parking area was constructed without a proper permit and is not in compliance with City Code. The applicant expressed the need for additional parking for his children and wants the opportunity to bring the parking area into compliance with the Code. Condition 3 is recommended to this effect. Staff concludes that the proposed expansion to the principal dwelling unit is equally appropriate to the district as the existing nonconformity and recommends approval of this request with the conditions listed below. Recommended Conditions 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINAAVENUE,"dated June 14,2021 and prepared by Residential Designs, LTD.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The principal dwelling unit shall not be used for Short Term Rental. 3. The gravel parking area located between the principal dwelling unit and Baltic Avenue shall be restored to a pervious surface area and shall not be utilized for parking unless the appropriate permit is obtained from the City. 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. Ted Tignor Agenda Item 10 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 subject property is located within the Resort Strategic Growth Area(SGA),which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City.The City has identified the SGAs to provide opportunities for continued physical and economic growth, protect the established residential neighborhoods, and expand on green sustainable infrastructure,all of which are exemplified by the proposed expansion of the existing dwelling units. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. There do not appear to be any significant natural resources or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Carolina Avenue No Data Available 9,900 ADT 1(LOS 3"D") Existing Land Use 2-20 ADT Proposed Land Use 2-20 ADT Baltic Avenue No Data Available 9,900 ADT 1(LOS 3"D") 'Average Daily Trips gas defined by two detached 3 LOS=Level of Service dwelling units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is from Baltic Avenue, which is a two-lane collector street with a 50-foot right-of-way width. This roadway is not included in the City's MTP, and there are no current roadway CIP projects planned for this portion of roadway. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. Ten letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice signs were placed on the property on July 8, 2021. Ted Tignor Agenda Item 10 Page 4 • 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, September 5,2021 and September 12,2021. • 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 September 6,2021. • 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 17, 2021. Ted Tignor Agenda Item 10 Page 5 Proposed Site Layout • 9 , . , • „ ov K hp 6 I ir'"•••,,, IV 04. I i 1 1 „55.002 I o I ,4 •, nd 4 I. r----1 Dwelling „ S 11 i I - (6 0 0 S F): 11 1 i • ' '-----F , .- bt-rw,NJ r— ti. io- - .., 8 i rr •• 1 a i • —•—i, • Primary- I Dwelliris I 0 1 _ _ I I—, I .. g (1 ,600 SF) 1 — - 1 . 1 . MCI .1 , k 1 , --,......„,...p.4,,..-4-.4.a.......a..........--.4.-.4 .4..... CAROLINA AVENtif (5cy kw . (FOMEKLY SVMiti 5TRL'ET) Ted Tignor Agenda Item 10 Page 6 Proposed Elevation Plans Q;dje ')1": . • i f, -- , n 1---)4 im0-111111 .011111_ II-, 8 , I _. _. ___ CkoI " - 'j g;dje 4 oi4 tidy ...4, .. 111 MO ib n__ B j ,..... _ _ _ ... ii.cii ,/,„-, Ted Tignor Agenda Item 10 Page 7 Proposed Floor Plan —First Floor 7 i ,iii �l; PruP° (stFIoor /(tFtwr M)Wiv% ‘`V adds l yc c 5g. ft 7 ,, ii,, D ) —\ ,...404. CkPI n .. " ,,. _0,-- i. ___. .1.., s ... . f...0 1_...... 00 00 . , ) et .P717-n. H. . V r Y v. — ---7 rs}F{de t&-1---44°7,:) Ted Tignor Agenda Item 10 Page 8 Proposed Floor Plan —Second Floor 0 r )not F/ c /0-1 hey Adis ^ b 7 S. 5 sa. Ft 177.•w -i'ki __ t\. , 1 .3.1 1V--/ I,1 aibc I , I I ` I I ` i ii , I ` L�__ / I ` I P. { I Ted Tignor Agenda Item 10 Page 9 Site Photos 01 aiiiiiit . ..- .,_ _ • , c, • . A .:—..--to a : .i 1 i Lt. - � T {w .... If iY w � r)r 1It` :,.,. I 1/11:011111111;' '`'.-74.2&-:- ..'.„ r IF • i e It j 1 i ..{.............. 1 -- _---_ .QW Aft Ted Tignor Agenda Item 10 Page 10 Site Photos a . 4 ^ \ r. A. �e ` W 1 • . 41111 IT d 'vi Ted Tignor Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement ..�., Planning&Con mb,nits• Development The disclosures contained in this form are necessary to inform public officials who may vote on the apol,cateon as to whether they nave a conflict of interest under Virginia taw The completion and submission of this form is required for all applications that pertain to Cis,real estate matters or to the development and/or use of property in the City of Virginia Beach regc lnng action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Ted Tignor 7 S7 C,lc 2777 j 11psa Knee j 4th C S.6 Does the appkant have a representative ®Yes ■No • If gum lest the name of the representatwa. Is Me applicant a corporation,partnership,firm,business.trust or an unincorporated business' ❑Yes I No • it yes 1st the tames or aL officers,directors.members.trustees.etc below (Attach a list i'necessarvl • M yes.Iiu the bn 5,5ISSK that hair a pa•rrt subsdnary'or affiliated business entity'relatlonslrp with the applicant lAttach a let if netessaryi t exists when one corporation dnectly or ncrrec'Jy owns shares bitter corporation' Sea State ant i oral Goverment Conf-,tt of Interests hip,other than parent-suphdiary relationship.Mat esisss when I i one ther business entity,fu)a oontroliirs owner in one entity is also a managernert o controt between the business wines factors that shotdd be considered.n determining the existence or an affiliated business entity relationship include that the same parson or substantiahy the same person own or manage the two entities,there are common or commingled funds or assets,the business entitles share thr use of the sane offices or employees Dr otherwise share activities,resources or personnel on a repJlar basis,or there a otherwise a close working reia'-orchip betworr the entices." See State and Local Government Conflict of interest!Act.vs Code fr213102 1I . , Ted Tig nor Agenda Item 10 Page 12 Disclosure Statement Disclosure StatementNi11:3 Planning 6c Community Development Known Interest by Public Official or Employee Deter ar offtclit or employee of the Ole of Virginia leads have sn Inte'est In the s,ibect lame c ern•proaosrd drvr op•rr'r cenlir;e^t on the subject pubtrc actor'0 Yes No • I`yea,what it the name of the official*,employee and w rat Is the natjre of the merest? Applicant Services Disclosure 1. Does the applicant have any a itllsg financing(mortgage,deeds of trust.doss-cotiaterahzation•ettj ar are they con idefing lay Ahanclrg in conrettion wren,the sitheCt M the appt,cation or any business overat•nt or to be operated or the property? ■Yes ❑No • It yes,,dentfyy the f metre,institutions provident the service My current mortgage is w th flagsta•Bar,.I have r:at yet deoded if I w+ serf finance Or cane bank finamdr 2 Does the applicant navr a real estate bracer/agent/reahor'or current and anticipated fuhue Hies M the subject property? ❑Yes ■No • If yes,idertify the co'npa'w and individual providing the service. 3 Does the aooIicant here seven for acco•tfstlng and/or p'eparatior of tar returns a•cnided In carrrrcbon with the subject of tee app cation or any Witness operating or to be operated on the pr000ertyt cJ Yes NO • 'yes,identity the firm and indiridt.a providing the since 4 Does the app runt hat services from ar architect/landscape architect/land planner provided In connection with the subject of tnr applrcation or any business operating o-to be operated o;the property?•Yes 0 No • if yes,identify the Fern and nd'.'l e-provie ng the service. RFSIDSNTSAI DESIGNS,LTD.Ca••cIl'I. .ar.sson,Preuoant•P.B.eye 16410,Chesapeake,YA Z3121-(7S7)S414500 is there arrtr othe'pending or proposed purchaser oi the subject property?❑Yes •No • it Yea,identity the purcnaser and pi�rtharM s wows providers 7nr,1 l,pue- 75"7 c/c 777 ,L�r<y,�,.'1i'° t� �;H• 21 , Ted Tig nor Agenda Item 10 Page 13 Disclosure Statement Disclosure Statementam WA,*Lora Punning&Conununity Development 6 Does the applicant have a construction contractor connector with tine%Aect of:the application Or eny br:.-ness operatirg o' to be operated on the property)❑Yes III No • tt yes, Certify tit variedly and individual providing tie sense 7 Does the applicant have an r/wrvyor/agent in connection with the subject pf tshe gppication or any Wilma; i operawyg or to be operated or the propertyo III YIPS 0 NO • M yes,identify the tern and irdwhcual p•oviesng the service. erty Arc hrtect listed in gtestior as above,Carrot Johnson,concutted with an Engineer r my What 8. h the applicant resew.%lets service•in COnneCtiOn with lb.$object of the application or any business operating or to bs operated on the properly?0 Yes ■No • e yes,identify the`Irrn and ndwdual providing tie senncr ApoN a_nt SI» ature I ceKdy that as of the reformation tortaned in:his Disclosire Statement fan is compete.true.any ar;urata I unoe'stand upon receipt CO notification treat the applicator nes been schedyred for pubic hearing,E am reeponsibie for updating the information provided herein two weeks prior to the meeting of Planning Commission.City Council,VMDA.(IPA.Wetlands Board or any Public body or committee in connection with this application. Gr __ _._.� __._. Applfcaart Signature Ted r<`'l T'1e�.i 7S7 6/ 2777 fi�e,41r�r< <.r Print Name and rape / s1// / aZ 0,?/ Date is the applicant also the owner of the subject property r I YeS 0 No • 'I yes,you CO riot'teed to fill out the o re'disclosure statement. FOR CITY USE OW/Al disclosures must be updated two(21 weeks prior to any I .id City Council meotirig that pertains to the applications riser e-,"y "r 09.09.2021 Hoa N. Dao Ted Tignor Agenda Item 10 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. Ted Tignor Agenda Item 10 Page 15 Item# 10 Ted Tignor[Applicant& Property Owner] Change in Nonconformity 501 Carolina Avenue August 11, 2021 RECOMMENDED FOR APPROVAL -CONSENT Mr. Wall: Thank you, Mr.Graham. The next item on the consent agenda is agenda item#10, Ted Tignor for Change in Nonconformity at 501 Carolina Avenue. Is there a representative for this item?There is not. However, he has expressed to the staff that he finds the conditions acceptable for this application. Is there any opposition for this application to be on the consent agenda? Hearing none and we've asked Mr. Alcaraz to read this into the record. Mr. Alcaraz: Thank you. The applicant Ted Tignor has asked for a residential expansion for nonconforming use. The site is developed with two detached single-family dwellings constructed in 1945; principal dwelling fronts Carolina Avenue. In 1950, a smaller secondary dwelling was constructed on the rear portion fronting on Baltic Avenue. Following the adoption of the Zoning Ordinance for the City of Virginia Beach in 1957, the presence of more than one single-family dwelling on a single lot was prohibited within the R-5S Residential District. Therefore, the use of this site is considered legally nonconforming.The applicant is proposing a 1020 square foot addition and renovations to the principal structure to include replacement of the vinyl siding with Hardie plank siding, construction of a living room, playroom, entertainment room, bedroom and bathroom, elimination of the existing rear deck and a conversion of the front downstairs bedroom to a sunroom. No changes are proposed to the 600-foot dwelling unit.The dwelling unit is grandfathered for short- term rental uses. The maximum lot coverage permitted for a single-family dwelling in R-5S district is 40%. With the proposed addition the calculated total lot coverage including the rear secondary dwelling will increase from 41% to 46%. The staff along with Planning Commission, their opinion is that the scale and location the proposed addition is appropriate and in the character of the surrounding residential community and, therefore, no detrimental impacts to surrounding properties. For the record staff has stated that the applicant has accepted the conditions for the 21 x 16 and 6 inch addition. For that reason, we're putting on consent agenda 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 1 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 anyone 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. 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. 2 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. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINA AVENUE," dated June 14, 2021 and prepared by Residential Designs, LTD., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 2. The principal dwelling unit shall not be used for Short Term Rental. 3. The gravel parking area located between the principal dwelling unit and Baltic Avenue shall be restored to a pervious surface area and shall not be utilized for parking unless the appropriate permit is obtained from the City. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below)support their proposed changes. Sincerely, Dc).(\iO-- Hev\ne. 5 co ut'f,c4 rl; "") 9 Print Name Print Address& one Number 1It-1I ign Date Print Name Print Address& Phone Number Sign Date June 30,2021 RE: Public Outreach for Ted&Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below)support their proposed changes. Sincerely, Sw 'io i-t 6 Cx°1lv►w Rot, Viri�)a �CA(,n►, VJLAs Ge /S7- -7d-9- 1919 Print Nar'he Print Address&Phone Number (Aia.AAJC.7 1 I le 1 2021 Date , •VN:::,4 ° ' 'f'Y-3Q.a.k4,Az\_ii,k t okitto,,,i6A3&, p_,,,,) i Print - Print Address&Phone Number ‘-‘Sri.2,89 ?s- rii -7/tii-v9--( Sit ' Date June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below)support their proposed changes. Sincerely, Print Name Print Address& Phone Number Sign !!! // Date Print Name Print Address& Phone Number Sign Date June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below) support their proposed changes. Sincerely, lip R, vJ is S 431 avziAAA cA K . C57)343-7930 Pr' t Name Print Address& Phone Number e i3202I Sign Dat Print Name Print Address& Phone Number Sign Date June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave, Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach, VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below)support their proposed changes. Sincerely, L gte/Mit ' 411 CAN 7g7 57 Print Na e Print Address& Phone Number OD 1 / ,o ff Sign Date rint Name Print Address& Phone Number Sign Date June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below) support their proposed changes. Sincerely, ��✓ �� aL4� 177C D .+�-z ILL '\ Print Name rint dd ss& Phone Number vA Da Print Name Print Address& Phone Number Sign Date June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below) support their proposed changes. Sincerely, Print Name Print Addrs& Phone Number 7-/ 7-a&.i Sign Date Print Name Print Address& Phone Number Sign Date June 30, 2021 RE: Public Outreach for Ted&Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we(below)support their proposed changes. Sincerely, fe—r c ��lsov. Sox cart.� �v-e— vij 23'{71 Print Name Print Address&Phone Number ign Date b C \r3 Pr" t Nam Print Address&Phone Number • Si Date • • June 30, 2021 RE: Public Outreach for Ted & Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave, Virginia Beach, VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we (below) support their proposed changes. Sincerely, ILc?Abet( Ail(urk ( 51g C ol(.nA A- 757• `f31• 70 s4 ' Pri Name Print Address& Phone Number v;ijizitii C 142.___, 7•ZU 24 Sign Date '►1I �� U. i� ► S-19 CirtDCaN 1 L nt 19 fo 12�75� Print N. Print Address& Phone Number .... 1,,..,�iaOv ' ZQ • ZF) Zr Sign rp Date June 30,2021 RE: Public Outreach for Ted&Lori Tignor's Change in Nonconformity Request 501 Carolina Ave,Virginia Beach,VA 23451 To Whom It May Concern: This letter is to confirm that Ted and Lori Tignor of 501 Carolina Ave,Virginia Beach,VA 23451 discussed with me/us their Request for a Change in Nonconformity application as well as the details of the work/addition they are proposing to their property at 501 Carolina Ave. This letter should also serve as confirmation that I/we(below)support their proposed changes. Sincerely, 5-7 1- 4 4- 3'i VC Print Name Print Address& Phone Number - t,t_t Oh,-/A.--r:c 5- ni/ ILA ( Sign Date -/ 5-2/— a -7- c/ / Act.n6 or roc c.ro/fA, 4✓f . ea,4, Print N Print Address&Phone Number .23 y --S)75-Az c2. - Sigh Date LL co oactN N ° o o .*w...,7 ; / . j. ; ; :`� z •Ate. ICJ• {t ' !a'• �, �� '.,�.. i t . a•:.� •`� �/ N .>::M I �, 4: ,QO N w _ 1...rt4y 4, -- 1 LI:I�)4 .la 'mad•` t�� i\�f •�'�� o Lia �� a •�. '..L/� i �. ( • �, �,,,, • ��,,. \ iCe' I • I N rN '• a,.•r+. Y Q-_ -- W• > • le- �/I� o N \^ DN•`' CQO+ .A s 1-7 .I 9ff 11 �Dp '1� I` �,. .ua Q Li .4 li"� • N/ aQ J ii •1� � � rl c b� N \a Ndr,..,,, 1 ^,0 a" ` i ir�l ley 4° gm PmN .�J'••+P.••1 • �- c: •li p ~ CO ,-..._ tz:, 0 N/ ."4 .;''-"'-Ilri -� N. ' - t176,11i) n ♦ O;o a � ' 'Vt�'1 1 , . r'fl , 0L z-t_.:**i-- -"•'.M'.'. -;.....•4 M 1 i 0 `N, ti r4 O,./cam CO I 8 ir It, - ---, ,m �.- � � (s AV, C •'6 . . � i� ri`'r^ \\ ' ,� ,''•° i 00 • N 4 / 1.�7iCL .� � rt.:„dr'� '�c ae-�®__ ;; N\� ' ' !• '-7ce,„ ` �Qlfi, ' 1 Et 1;510 t::',- a V i,t,..7 4-o C • 0. eI a _ �� /" ~ <N>dc0 :$, ram *� m 0 tV rr� �Ce ,g ' CDT - ‘7 co . / co 4 -,•<#.42.4.E0t 0. -10 ‘,.. %\0 4''''''S4\' 7\CC1'll' -N - "' $ OS / citS\T7 ., I b„ 7 .1 NSI • L \ „Iiiiik • C. 4', CL ma y. rice m O � A-NN\ 7 ,, Y �;♦ ; = 0 N . 8 *44;r,, cc .4 . 4,•4.„ ,c.Tr....A.-6.•\ _ 5. ,, •° N •o 0,44N 0 a % • • Z)''\ Ce/1.cre)., N N, e 4P/ o •a ©�.Q 1:N � o S 4o`W O c v) \ moo. >. 110 Q ® `� ,r \� a 'N oOJ VS ►� v N ,Qt,l o 4n o CL N CO z 0� 1 ,0 N M 0[ � % �'o Q �� ob of (CO\ \ �, ON °W Q ; rr CI © °' 4 1 • .0' a I z,1 , tiy%• i , rfsi c , CITY OF VIRGINIA BEACH AGENDA ITEM 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 21, 2021 • Background: This request was deferred by the City Council on September 7, 2021 in order to provide additional details regarding the proposed changes to the Design Criteria for the Corporate Landing Business Park (the Park) for properties under the ownership of the Virginia Beach Development Authority and FROB, LLC that are located within the Park. The Park was established in 1988 and an update 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. The design criteria provides guidance on land use, site design, building design, landscaping, and signage to ensure a unified, qualitative park environment. The updated design criteria for Corporate Landing Business Park will simplify the review process for developments within the Park to one cohesive document and align with current codes and regulations. Overall, the new design criteria will: o Soften requirements for setbacks, parking, building materials, and landscape screening, while maintaining guidelines to remain an attractive "park-like" setting o Permit more flexibility with new and innovative materials and construction methods o Provide more guidance on light industrial and advanced manufacturing building types, orientation and façade articulation The VBDA intends to continue to encourage the construction of attractive quality environs through the updated criteria. Virginia Beach Development Authority Page 2 of 2 • Considerations: Planning Commission concurs with Staff that the request to update the Design Criteria for the Park is acceptable. The current Design Criteria are outdated and no longer align with the development pattern that was originally envisioned for the Park. The new Design Criteria seek to: o Ensure that the 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 o Provide more guidance on light industrial and advanced manufacturing building types If the design criteria update is not adopted, opportunities to grow and diversify the local economy could be missed by the current overly burdensome design requirements and longer entitlement process. The updated design criteria would create a more marketable and comparative business park in the region. 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. • Attachments: Staff Report and Disclosure Statements Proposed Updated Corporate Landing Design Criteria — 2021 Detailed List of Changes Location Map Proffer Agreement Minutes of Planning Commission Hearing Existing Corporate Landing Design Criteria — 1998 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. VBDA recommends Approval. Submitting Department/Agency: Planning Department 6e7 City Manager: '/ Applicant Virginia Beach Development Authority Agenda Item Property Owners Virginia Beach Development Authority & FROG, LLC 8 city of Planning Commission Public Hearing August 11, 2021 Virginia Beach City Council Election District Princess Anne Request Modification of Proffers (Update to the Design Criteria) l Staff Recommendation i� t„,,,,L�� =— Approval Staff Planner 1 Hoa N. Dao ,.,,,sock xoad iiiii! ._ Location f s "<q Portion of Corporate Landing Business Park " , �/ GPINs / - { <, 2415122650, 2415040770, 2415146859, ' 2415259170, 2415227788 ,. . , o° Site Size (42. �' o Approximately 189 acres .7 1/2 `, AICUZ y i '�1 " \ 1 70-75 dB DNL, Greater than 75 dB DNL ` +� ` }".^ Watershed ,-- '` "^ Southern Rivers Existing Land Use and Zoning District Office-warehouse,vacant parcels in Corporate Landing Business Park/ B-2 Community r' 41 IN. Business, I-1 Light Industrial - - _ _ SurroundingLand Uses and ZoningDistricts " k North f . Dam Neck Road t Public schools /AG-1 Agricultural t �; ; ' °'''f= South -A General Booth Boulevard f '' h Single-family dwellings, offices, mixed retail /R- ,,- .0, ' 4 7.5 & R-10 Residential, 0-2 Office, B-2 ; +' $P < _ • Community Business ¢', , ; T c 9 East ,,_,,> : , ''"z Single-family dwellings, cultivated field/ R-5D ' .. .:P°1-: G'- Residential, AG-1 Agricultural West p `•t. .. W7-..-., . . 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. t `mot • z_ Zoning History ,J • qz # Request viii� •.r/ t, - 1 CRZ(Conditional B-2 to Conditional I-1)Approved � 4/l. / ` 03/19/2019 .r •�,ti, a. MOD(Proffers)Approved 06/25/1996 ��°� • MOD(Proffers)Approved 11/09/1993 MOD(Proffers)Approved 08/14/1989 , .f 4pah, 114 lt, % i _ CRZ(AG-1&AG-2 to Conditional I 1 Approved '��.,�•/.4 `Z � 06/13/1988 �j� ,• /♦r'_„ /'t'' . ` I." . 2 CUP(Fiber Optics Transmission Facility)Approved ,>R•O��® -. .' % 'A •. 40' ' 10/04/2016 '. i• ,,8.7 'irlitok '��• 3 MOD(Proffers)Approved 03/17/2015 ��: •++ ;Ii4 _.�` 4 MOD(Proffers)Approved 09/14/2004 = ' _Q -.. . CRZ(AG-2 to Conditional B-2)Approved 01/25/1994 ,,, • s ,,.> ',--4_. ,-,4",. 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 STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance 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 SO 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' S0' 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, September 5,2021 and September 12,2021. • 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 September 6, 2021. • The CityClerk'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 17, 2021. Virginia Beach Development Authority Agenda Item 8 Page 11 Site Photos • _ : . ,.. -.4w,....... . .. • ., . .......,. ..., - . • , :; I• . • ...- ...„:,:..,• . . . . ,_. .,. . .. ‘f ,,•.li ... --- - . . i. ‘0..til: - -.' . -'0. 1* ' - • ; • ,- -... - ....... . ' =. r„. _ --'''k4itC0.-4,i-ii..--"-- .. '71:-.-- • ' . .-- "• -.--:. wr.-----'7.s•••••-,.:44;, .,-;,:..' .. - p.,;_:,........ •. -7--_-_-..-;-4.-.. ..•-•-,- . • '--, ........••-4„;,•••••- --',...",' ,,,, --‘1e0.-•;,--4.7, •,.•...!.%;4”...-----"c:.- •,--,-.:. -„ r._-_,---- gl--•- ‘r ,•0••,;•-:--,,,-, , .40----!',:.,•,• .,••••••••...,•'="••'•-,t1--,,.., - •••"- •-•7.,,.,- -. .,_ -.•,,-• ,,-.-.......•-•,-----'.•.:. - •'-',-‘ ',• •-",--. ,i- .4. ,- - . 1-'--...•-••.'--. .-----., •_••— ill.--• ----:"-- --1*--",:-..;,,i'.: - .- • ,.......-;•,',.•••••-..•- • " , . , . _ -• z•-.4‘:•-•,.-_,..••• •*".- _—--'"- "=,•tt-41,,k...:4 AP,..."'-''..-,a,..:, :.._.. . •..•, ..,k,_. .,..•.,.. ,.•••••:.,....4,,,r4 - - _ --- •-. - - ‹t,'...„,...07,..,, -,-•---A.c,""••••"" •-•16- "• . . •.•,:-.,,,,:.--%,•,!...,; ..-- ,..„...4.r.,,,,,...,._... . . J'sit",:: - . . A•Or;,F.:4ij:::::;`#.7'.--- "i:.1%:, '''''6.• •.--' --'1'-'',' - '' •-,,,-' • ' .. . '.4.9-i; ,:,- .- • - --,,_-•-- -r....'''1'i,',14'.;F:::".^..-,.c..,:•^;.. . t.• , '._-4'... ,71,:.".V.,;.....k.'..*1-,-!_-,-..,,, 7,-,.., .-es,:-.- "-.,.':-.,.. 411)V. ..."-' '';' ' ..'esirl 4. ... 4.3, •fr--- -i‘. ., :•, . • •'' --• -',_,.-.. - • ...,71--,:-‘t1;••,,;.,• ` -,- -...r,N•••.....-4,•••••••-•4.42.---?-:,.: t •... .., ,.........-...:_. ;;; -- •.- • - ..- , • ''''' .., • .4 1..."....• --",*,*.•,.-e.---,\•••14.,_•.V`••,•,,...-,+t-.."="V4,- `'"-'--. -, '• ; '',4:r....; ,.-.,',.';. , ., ..,- 0... f igt„ -: -,.....::,. A. - • __.,,,,4 s 41k._I'..... "..-,. ----. ''..' •"-,..• . *. ,... ..7 -.:.. --0" ..‘: ..-;r7.. ...'"-."'''..,:yrSt.41-..-. ....-..,' ....- ... ' i . -'--- .." -' '... . „... . _ 1.4 r* . .. ... . KII,...,"--"-!"4"....rtr$ ••••=',.".," '.--•-• '---..'" - ...r.,,4,_-;•-•----•-•"*'!".,-• -• -5--•- -* •' ':'-'-‘4' ' ''! 'C', - , , -- - . - " ' ,-.,,,,,-;'.,„-,'-,':,,,.":1!*1 ,..• ,:-- •.--,. . ',"...:'''-1.-''',"1? • • .-'.. .---:.'t'1.'..";,!.‘:."..Z.'...,'.,L,':''''::;---- 7'.**'''.--,' ' 7- -'''' . / .:,'- -' ' ..:' ' ' - ''ir N''- ''''' , . . - , 1..,„,• .• '- ''- ...,...,. .4-., -T!'1. -4 .••- ..,, ,. ...,.... • . .. ._ . . . - - ..- . --- - , ., . - — -- :. ...,.-.1,..„.••...„,,,,.....;;.„....,.....,....„. glif*i.•1..- • • vikilel. Atl z. ,,,,,,,,) .., u..........., Virginia Beach Development Authority Agenda Item 8 Page 12 Updated Design Criteria wr _. a '`y 'r CORPORATE - LANDING , � i II r, 1 bLSINESS ° ,, < li sage' PARK tip, -` 7''ten 1 1 _ imam T _f - i ' _ - _ i 4 ....._,., CORPORATE LANDING BUSINESS PARK DESIGN CRITERIA4111 JULY 2021 VIRGINIA BEACH ! Virginia Beach Development Authority Agenda Item 8 Page 13 Updated Design Criteria sPik. k a PA - � . N- i 4 '� .- . _ 10 M1 `w . . Allip44,114 . , On April 24, 1990, City of Virginia Beach Economic Development Director Andy Burke, Mayor Meyero 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. 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 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 IS 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS Virginia Beach Development Authority Agenda Item 8 Page 15 Updated Design Criteria Figure 1.1-Corporate Landing Business Park 1994 :: •,A -.., , .....) .,,,.„. 44 ;4,4,19g4 2t... . ...—....11....., . ,_._,,, .1__.------ "11., 4411 N: L. r ,...: ',,:•,!..! vi:it..4::::::,./ -: .• _ :(..- /110 - , '1,.rt,45:*..%-r 4,ri. '11., , , ,,,,,,,. . '. '.---t,_ Atolit‘4 71' '‘:'''.•, .i':::,;:l.:::A......4!::!:.:4)':'' 444p(4, '- •' ,'. t-f... ..---..--....-"...:. _. . . •,,, --- , .1-,- , , . - i -, .. }... . , -,V / • --, , - -,,..'it,' ' ,\, • ' N .. ,, ;" .; / ,.1 , • ,.. \ . , l' '.--;:V Nef ' i'' .. f,• , ,. • /... rm. .„,, •.-.., • . t ' #-- ... - - ,;_,, s ,,- --...‘. ... ......_:‘,4r, ...-.,.,,i Figure 12-Corporate Landing Business Park 2008 .._ •• ,. .-- - lit ,• . ...-- ' .,,,, , - ,.,--*,- • • - „..1- -Q410*- 1 iv, -: ..ir •• • ,, ,,.. .." • , ,.2141 , .;---41' ... ''' , 4 , ' , r ,-, , )v1 •4.,..-..r....t, . . , •- a., 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 sup port 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 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 environment. The design criteria have ensured that Corporate Landing has developed and maintained an attractive"park-like" F• setting. Minor modifications have been made to the - <" design criteria on several occasions over the past thirty _ `yr ` years but have never been substantially updated. This Figure 1.4- 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 - p It ii Ec C. Consolidate multiple subsequent amendments into _ one user-friendly and attractive document 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 R 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. Dorn Neck Rood ,� , "t .. .:rime A . p ._ . ., /1 . 1 ' : ("7i,1. .:/,;" 44r .,,- , Noss-",,.., ,...„-- ., ..., , _ y _.,„ ,. aP (..„, )c.,. ,..„ , ., ..,,,,,.. , ..---- . ... , .... . „:y- . ,- ,?, �a is' Central Plaza or.' .l6 ems, (Frm,re) J"e. \\47 a9 P,Peo a so.. Ne nHP TLegend 0 800 Feet vi�.'i. Corporate Landing Business Park Limits `�il'lb VBDA Owned Property Jurisdictional Lake/Stormwater Pond all 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 8-2 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: f f • A. Shovel Ready: Available Park properties are rated v", Tier VI shovel ready by the Virginia Economic CORPORATE Development Partnership. LANDING B. Conduit:The Park offers 2.1 miles of conduit system on Corporate Landing Parkway. It consists of 2 x 8 :, i r■ (16)4"conduits which include(3) 1.25"innerducts t• located in each conduit. .______ ► ._. C. Data Center Certified:The Park is Dominion Energy- . ``�' ' ; . fy 4Y certified for data centers. r 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 • r� ' 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 .. tc, the park's entrances with irrigation are provided. , " .. _ _.'1 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 L_._ - Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7-Existing Landscape Screen or;Dan Neck Road 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 1, '4 —`"fir. • ,,,r.. • It'.. it I. ttk x rat #- • ii '<t 4 . / „ � I -� y .ejeV. i . A .- ' ; • fits- + Y. .. I:4 / .1#4,0,!-*- f a ,,,, ...._ , : . , , „.„..„. . , , , „., „... ... A . A _Ififoliti,. 4*r- .''It' `14 A .. u'� 4 ��`-ff� _ -. n o` VO �\ Et CC V Figure 7.8-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 (tern 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. TheCityofVirginiaBeachZoningandSubdivision 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 Acrethe 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 Neighbor hoods 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 A 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 Es 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 E ist;ng 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 only and should not visually obstruct the building. 111,610,itkisi- Durable,high quality materials are required for the 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 area screen in the Park 2.9 UTILITIES A. All utility connections, including all electrical and fiber connections and installations of wires to A `= buildings shall be made underground from the , _ "1- nearest available power source. During installation . there shall be no open cuts in any street at any r � O 7 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 withinUPI the building served. If placed at grade outside the building such devices shall be screened with evergreen plants. Figure 23-Existing dumpster screen in 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 1'• � • height of shrubs at installation shall be 3'to 4'with ' ••'•'•' _I ' spacing not to exceed 3'on center,see figures 2.4 �' ;' and 2.5. �►. • "':. c:`c�•`; ▪ ware • 2.10 NON-MOTORIZED CIRCULATION war � !J .•.t'• ' 1 �r�• Each developer or owner of a site shall construct public • � JP-r' i ► :'.•:. ��f/A� .: OR sidewalks and trails that pass through their property �4 •• •• �Ter�gi tfo i► , 3.MUtCH WITH or properties per Figure 2.6 the Non-Motorized �b • - SOL SEPARATOR Circulation Master Plan. ` " r' EVERGREEN SHRUB MASS AS REQUIRED BY THE UT0.ITY CO. Figure 24-Example transformer screening plan TRAP6FORMER 10'MN. • U53 EVERGREEN SHRUB MASSING 3'TO 4'HEIGHT AT INSTALLATION Figure 2S-Example transformer screening elevation Virginia Beach Development Authority Agenda Item 8 Page 23 Updated Design Criteria Figure 2.6-Non-Motorized Circulation Master Plan Dam Neck Rood T� s 10.13 z frt _ rim, tJ7iTl.. c 1(4"*".%4441141111.4""1""( ti ' ! , ,,„ ...-„,_. , ., ,„, , e' :11‘"*. : : __-' ---' __ _ .x 0 0 .. , Each developer or owner of a site c 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 e6 Craft lone Virginia Beach Standards. ok t0 Central Plaza Once A.F. to (Future) oBi. ra 9p9 SJWCe Newrmep T Legend 0 800 Feet - _-- - -- - ��!: -..... Existing Multi UsePaths -v 1 - Future Multi-Use Paths VBDA Owned Property 21 Virginia Beach Development Authority Agenda Item 8 Page 24 Updated Design Criteria 2.11 PLANTING SHADE TREE (TYPICAL) FLOWERING TREE ITYPICAII A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped ► �� •-\environment. This emphasis will provide an (0.14; �► ri P '1sfa•.. ��overall visual continuity throughout the park and �^� loo: �� will serve as a backdrop for the development of �; ire r�*�~ each individual site. During the individual site ; �' j i► �11�! tk` development stage, the landscape architect � � 4��'` , / 4111 4. -shall give careful consideration and analysis to I�; respond to surrounding site components such ! /: a�t as site context,open space,landmarks,views and Its, 011alt �►� vistas, streetscapes and the protection of existing I �j�. 1111��\ 4vegetation. ��E��,fl,, E:1,� ia B. In addition to adherence to the City of Virginia ,mac \i i.t. r� i � `1 Beach Landscape Ordinance for plant species, trl ;�. A � parking lot and foundation landscaping, screening .r'r► �:I� `,i• 'tini vJ• P 6 P g �� . and tree planting specification and standards, the ��'� =.� 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 CURS building developer shall identify, "flag", and ,62*,:.. .�J�: barricade up to the tree dripline such stands - r , ��.� 1 prior to site clearing or grading operations. i `IC jalrAt ��j< !) Storage of materials or equipment shall 7--n(,�._:e:`/► Vi.►��--, .tr- not be allowed within these barriers during ►1�/� giG"Fr construction and barriers shall not be removed r� �'l�� gil►E g11/i until finish grading of sites has been completed. SAll City of Virginia Beach and State of Virginia Tree Protection Notes are applicable and shallbe enforced. sP• i!1��. ��\41: n614; 1 2. Sod rather than seeding is required within 50' �� S of all buildings; all adjoining roads shall have 1!'' iri��•; fie 4s- sod along the entire property line from the road �y�;' /11E.�--,� A edge to the parking lot edge. The minimum 4I %Z ll.% �,'.1MS. . O v.N width of sod along road edges where there is :4• . . ►4� no parking lot shall be 30'.All other lawn areas • cow i uous EVERGREEN HEDGE 3 HT �f not receiving sod may be seeded. SPACED 70N CENTER ATINSTALLATION 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 i'+ ? system for exterior lighting. Fixtures and poles shall be approved by the VBDA. The following lighting requirements apply: • � A. Parking light fixtures shall be a maximum height • f' of30'. at B. Low bollard fixtures or landscape lighting is " "' 4 1 -' 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 Light in completely internalized service courts. In ■ 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 Landingoffersthehighest qualityof design 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 ensurethe 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. 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. II Figure 3.1-Light Industrial Building in Loveland,CO Figure 3.3-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 Orly ��w I ��I I Figure 32-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 M 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 L ift ,r I '--- -1 CLEAR EAR MIN. v _ i I I 50% COPY AREA Max T T 25% CLEAR MIN. 7 .__ _ _i__----�--L----i--- f --- ----- ________ 1 t- i __________. J 7 i_ I 'il _1 1___ 1 L - • __.__ I tf J . Figure 4.1-Single Tenant Sign On A Budding The above drawing is an example illustration of the placement of a single tenant name. NOTES: ♦.� 1)Front and back of plywood sign face and wood to be painted. 2)Signs can be rotated as desired. rm. BUILDING NAME -— — 3/4" TREATID PL)4 QOD --- • LOGO,ETC. EDGE OF copy AREAN /. _ r•V MAX. L.. D DEVELOPERS ` cc 4 NAME,LOGO,ETC. r, OCO r 1 REALTORS NAME ARCFYTECT cc LANDSCAPE ARCHITECT 1 b LOGO,ETC. F- CONSULTING ENGINEER xQ GENERAL CONTRACTOR MATOR TENANTS E FINANCIAL INSTITUTION ..1? L N I - rrw O•-. "T1 rT' b 'r-T c-r- l-1—I r---r-1 4" X 4" TREATED OD POST. _WO —4"TREATED WOOD SLATS FOOT 7G AS REWDE D-TYPICAL FXXtT!Y SPA®ID GROUND TEMPORARY SKIN REALTOR SIGN Figure 4.2-lemporury and Reuiior;.ynuy€ U - 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 K. Elevations(1/8"=1'-0"or 1/16"=1'-0")in color improvements such as construction or alteration 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: R 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 A. The following completed construction document colors during construction, shall be approved material shall be submitted for final review: by the VBDA prior to ordering of materials. 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 a drawings. pprove minor variations 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. C. When questions of judgment or interpretation B. Approval of plans must be given by the VBDA prior 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. U 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 Vi3 City of Virginia Beds 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 ❑ 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 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 necessaryl "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 Planning&Community Development X 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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes U 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 MI 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. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I NO • If yes,identify the purchaser and purchaser's service providers. 7 09 2020 2 I Virginia Beach Development Authority Agenda Item 8 Page 35 Disclosure Statement Disclosure Statement Mr3 Cep�At,7., Assn 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 El 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 cor section with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. _ l .1, (- Appireet Sure Luca Mut,pk C VI1-9IVItf, eC J*' tevety-ivt 'vtf/\(flcit1 Print Name and Title �aCC2 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 rroaynssuor 09_10.2021 A°1"" Print Name Hoa N. Dao 31Pape Virginia Beach Development Authority Agenda Item 8 Page 36 Disclosure Statement Disclosure Statement oa Planning&Community Det•,••,„ Owner Disclosure Owner Name 1 1hl (L VrCCtL i _ 'X1�elO11'1A.et1[ f\ud c)( r 1�j Applicant Name J 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) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes i4 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 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 Planning&Community [kwelop,+'. . 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 Q.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 I$.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 l 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 i1No • If yes,identify the firm and individual providing the service. t 5. Is there any other pending or proposed purchaser of the subject property?❑Yes Q 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 `+t 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. John D. Hines 6i Virginia Beach Development Authority Agenda Item 8 Page 38 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes p 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 S re I, tu�p(� 1 Ckdir �irqlvl‘ft.BeCe 1 fl2v,_,[ Print Name and Tide Date Revised 11.09.2020 7 I P a g c Virginia Beach Development Authority Agenda Item 8 Page 39 Disclosure Statement • s `G Ali^' .- • ._ - -, •to Owner Disclosure Owner Name Ad, L 4- Applicant Name /1o014: /SIOItIA,' AN0 / if v c j 6As.1 cc e is the Owner a corporation,partnership,f rm,business.trust or an unincorporated business?(B TCS ❑NO • If yes,list the names of all officers,directors,members,trustees,etc.below.(Attach a list if necessuvl fitdnc•i Lit/ ics • 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 Emoloyeg Does an official or employee of the City of Virginia gnash have an Interest in the subject bad or any proposed development contingent on the subject public action?❑Yes No • if yes,what is the name of the o'fK(al or employee and what b the nature of the interest? "Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or Indaectsy owns shares possessing more than 50 percent of the voting power of another corporation:See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. •"Affiliated businessentey 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 contro:ling owner in the other entity,or(III)there Is shared management or control between the bus loess entities.Factors that should be corslderec 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 entttxs;there are common or commingled funds or assets;the business entities share the,use o'the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there u otherwise a dose working relationship between the entities'See State and Local Government Conflict of interests Act,Va. Code S 2.2-3101. Revised J J 09.1020 51Page Virginia Beach Development Authority Agenda Item 8 Page 40 Disclosure Statement _ it x1 L � Owner Services Disclosure L Does the Owner have aay existing financing(mortgage,deeds of trust,cross-cotlateralbation,etc)or are they considering any financing In c nectton with the su Isaac of the application or any business operating or to be operated on the property? ❑Yes MNo • If yes,Identify the f nandal institutions providing the service. 2. Does the Own r have a real estate broker/agant/reattor for current ono anticipated future sates of the sutdect property? D Yes Hai No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of to returns provide)in connection with the subject of the application or any business operating or to be operated on the property?❑Yes (!!No • If yes,identity the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner pro ided,A connection with the subtect of the application or any txjsiness Operating or to be operated on the property?❑Yes No • If yes,Identify the fern and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes El/No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contract?,In connect on 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. Does the Owner have an ertgineer/surveyor/age7t In connection with the subject of the appgcation or any business operating or to be operated on the property?❑Yes No • tf yes,Identify the firm and individual providing the service. Revised 11.09.2020 6 j Page Virginia Beach Development Authority Agenda Item 8 Page 41 Disclosure Statement =[}lLl JIL L.2. t` Hr ., T -3 - \J1 4, - J 1 - Frx r ?n � • 8. Is the Owner receiving legal services In cop lnectton with the subject of the apptiatton or any business operating or to be operated on the property?0 Yes LJ No • Kyes,Identify the firth and tndlvldual providing lega the service, Owner S}enature I Qrtify that all of the Information contained it this Disclosure Statement Forth Is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for pudic hearing,I am responsible for updating the laformation provided herein two weeis prior to the meeting of Planning Commission,City Coandt,VBOA,@PA,Wetlands hoard or any public body or committee In connection with thh application. Owner Signature /01Sfe; jh.;it oas , 0",11e, A.945 C.t_C- Print Name and Title o/Z Dote Revised 11.09-1010 )}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 Corporate Landing Business Park Design Criteria Update Detailed List of Changes Description of Change(s) Existing 1998 July 2021 Design Design Criteria Criteria Reference Reference Page Page Number(s) Number(s) Rewrote Introduction and added aerials and existing 1-2 2-6 images Eliminated established land uses within the Park and 3-8 7 aligned permitted uses with current 11 and B2 zoning Edited the Improvements Provided by VBDAto include 9-10 7-8 shovel ready designation,conduit systems,data center certification and new roadways. Eliminated rolling earthen berms from residential landscape setbacks,and reduced the setbackfrom 75'to 50'.Added existing illustrative images and conduit map. Updated the location map,and eliminated the master plan 11-13 6 and master land use plan. Applicable codes have been updated to current standards 14 9 Building setbacks aligned more with 11 (30')and B2(35') 14-15 9 zoning setback requirements along General Booth Blvd., consolidation of separate land use designations, reduced building setback along Damn Neck Road from 100'to50', and reduced building setback adjacent to residential neighborhoods from 75'to 50' to bring it closer to I-1 landscape screening and buffering requirements at 25' (Appx. A, Article 10, Sec. 1003 (a)). A landscape screen is still required within the setback area. Parking lot setbacks aligned more with I-1 zoning setback 17-18 9 requirements,consolidation of separate land use designations,reduced parking lot setbacks along Dam Neck Road from 75'to 50',Adjacent to residential neighborhoods from 75'to 50',Corporate Landing Parkway from 40' to 25',Other public streets, 50'to 25', and between parking lots and buildings (excluding sidewalks) 20'to 10'. Site criteria updated to align more and reduce redundancy 16, 17, 19,20 9-10 with current zoning code, building codes, landscape guide and public works standards and added illustrative imagery. Revised design criteria to permit fencing with exceptions. 20 10 Revised former "Jogging Trails"section and map to non- 22 & Addendum 11-12 motorized circulation. (2) pg. 11 Revised landscape section to reduce redundancy with 23-38 13-14 zoning code and Landscape Guide. Updated site furnishings and lighting guidance and images 39 & 44 14 1 Revised building criteria to provide more guidance on light 56-58 15-16 industrial and advanced manufacturing building types including more permitted building materials and façade articulation and orientation guidance for large facilities Aligned signage criteria more with current zoning ordinance 45-55 17-18 and eliminated sign details since park signs already exist. Key exhibit and table comparisons. Corporate Landing 1990 Master Plan I Corporate Landing 2021 Business Park Map 1 fir" a ,____.1!II`--- . ..‘"--\ 0 , _., ! ...„7„....._-..,<', ar_e„,- ...„1---:4---,..T...44::,,,,*,:' V AI, - .---i- :c ' \ 41140s, , ''' f ,, '' •.'.',".:44, - S •I ''' 41 < ;,:f. lir- -4'2;'''I' 4`• 4 - 41\‘' '. 1 cc.\ kli, -fir qi 4' Yt �-',/,; f +f vc. .. T lronM - rc� CO pO.aR la/iM BuHneu vah lnrts vhbYEA OwMC Aopury )viaAnw:l»n'llwmwa(icr• CURRENT DESIGN UPDATED CURRENTI1ZONING CRITERIA DESIGN CRITERIA REQUIREMENTS SETBACKS: Min. building setback Dam Neck 100 ft. 50 ft. 30 ft. Rd. Min. building setback adjacent to 75 ft. 50 ft. 25 ft. Residential Neighborhoods Min. building and parking lot 75 ft. 30 ft.for 11/ 35 30 ft.for I1/ 35 ft. setback General Booth Blvd. ft.for B2 for B2 Min. parking lot setback Corporate 50 ft. 25 ft. 10' per Landscape Landing Parkway Guide Other Public Streets 50 ft. 20 ft. 10' per Landscape Guide 2 Min. parking lot setback side& 15 ft. 15 ft. 0 ft. rear Property Line Between Parking Lots and 10 ft. 10 ft. 0 ft. Buildings 10 ft. (excluding sidewalks) PARKING: CURRENT DESIGN CRITERIA UPDATED DESIGN CRITERIA • One parking space for each 250 square feet of gross • Off-street parking must conform to floor area used for offices. Section 203 of the Zoning Ordinance • One parking space for each 500 square feet of gross as amended. 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 materials are glass,granite, • Recommend architectural materials pre-cast concrete, and brick. are glass,granite,concrete, brick, • Bright overall colors shall not be permitted. and metal. • Bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents. PARKING LOT SCREENING: • The developer of the individual sites shall provide a • Parking Lot landscaping must continuous evergreen and/or low berm screen along conform to the City of Virginia Beach any side of a parking lot that abuts a public street Landscape Guide as amended right-of-way. • Street trees shall be placed along all • The developer of any site that abuts a storm water roadways within the ROW.One tree retention lake or canal shall provide a landscape buffer shall be provided for every 35' of (minimum width 15 feet) between said lake and/or property line that adjoins or abuts canal and any proposed parking lot. This buffer shall the roadway. be planted with a mixture of deciduous and evergreen plant materials. 3 4G1t11.A BE,Ic ` i. CITY OF VIRGINIA BEACH u ! �' � tl t '�`- INTER-OFFICE CORRESPONDENCE t 4' f. ; = os \ w i,_ i 9 Op OUR•N UPONS In Reply Refer To Our File No. DF-10679 DATE: August 27, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils. -94 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] 5 WITNESS the following signature and seal: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: (SEAL) Name: Oa- Title: Chair/Vice-Chair Commonwealth of Virginia City of Vir ini n a �to-wit: The foregoing instrument was acknowledged before me this Io day of aMe it 20 2-i , by ti.Sa M .fr U J , as Chair / Vice-Chair of City of Virginia Beach Development Authority, on its behalf. \N a P141- NOTARY PUBLIC MyCommission Expires: 7 3D Zo ZI < GLORIA A. DUFF i p ; Notary Public My Registration Number: 2 f`� 22- '' Commornveolih o;Virginia Registration No.21482� My Common Expaes Sept.30 Approved as to Content: Approved as to Le ciency: (Sez a-Wad/led ) 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: I SGe a4-ct.cked ) (SEAL) 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: aL (eeL Economic Development City Attorney 6 FROB, LLC, a Virginia limited liability company By: /Lgkrug C—� (SEAL) Name: F<-s c(5 II. C,-, J(P Title: 'II i K Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this I t day of. \(4..\y 20 , by c c INC. 5 A . C4c-A , as AtanV` of FROB, LLC, a Virginia limited liability company, on its behalf. C)(14ii (S • K I fa> NOTARY PUBLIC f \� ,� My Commission Expires: a/a�J 9 \‘` �. KEC 42 My Registration Number: 770 a ul 5 .``��L�\�o"WEa�R��% REG STRAT10N NO. 770Z�5�RES: „F \G��`�` i,��//OrgfRY1Pv�\\\�� 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 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 DESIGN CRITERIA ,14^^ CORPORATE N/Nr / LANDING A DEVELOPMENT BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CORPORATE LANDING VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH, VIRGINIA DESIGN CRITERIA September 26, 1990 INCLUDING DESIGN CRITERIA ADDENDUM #2 AUGUST 18, 1998 INTRODUCTION ARTICLE 1: THE PARK 1. 01 MASTER PLAN 1. 02 LAND USES 1.03 IMPROVEMENTS PROVIDED BY DEVELOPER EXHIBIT A LOCATION MAP EXHIBIT B MASTER PLAN EXHIBIT C MASTER PLAN LAND USE ARTICLE II: THE SITE PLAN 2.01 APPLICABLE CODES 2.02 SITE COVERAGE RATIO AND BUILDING SETBACKS 2.03 BUILDING ORIENTATION 2.04 SITE GRADING AND DRAINAGE 2.05 CURB CUTS AND INTERNAL DRIVES 2.06 PARKING LOT SETBACKS 2.07 PARKING LOT SCREENING 2.08 PARKING REQUIREMENTS 2 .09 LOADING AREAS 2 . 10 EXTERIOR STORAGE 2. 11 FENCING 2 . 12 REFUSE FACILITIES 2 . 13 UTILITIES 2. 14 TEMPORARY FACILITIES 2. 15 JOGGING TRAILS ARTICLE III: THE LANDSCAPE 3.01 LANDSCAPING 3.02 IRRIGATION 3. 03 SITE LIGHTING 3 .04 SITE FURNITURE EXHIBIT D LANDSCAPE PLANTING LIST EXHIBIT E TYPICAL LAKE EDGE EXHIBIT F TYPICAL JOGGING TRAIL EXHIBIT G TYPICAL SCREENING AT PARKING LOTS EXHIBIT H SITE FURNISHINGS EXHIBIT I VARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS EXHIBIT J DUMPSTER ENCLOSURE EXHIBIT K SCREENING ADJACENT TO RESIDENTIAL ZONES EXHIBIT L TYPICAL BUILDING ENTRY DRIVES EXHIBIT M LIGHTING FIXTURE STANDARDS ARTICLE IV: SIGNAGE 4. 01 BUILDING SIGNAGE DESIGN CRITERIA EXHIBIT N PARK ENTRY SIGN EXHIBIT 0 INDIVIDUAL BUILDING SIGN (MDO AREA) EXHIBIT P BUILDING CLUSTER SIGN (LDO AND R&D AREA) EXHIBIT Q TENANT SIGNS ON BUILDINGS EXHIBIT R MIXED USE DEVELOPMENT SIGN EXHIBIT S REGULATORY SIGNAGE EXHIBIT T TEMPORARY AND REALTOR SIGNS ARTICLE V: THE BUILDING 5.01 APPLICABLE CODES 5. 02 BUILDING DESIGN CONCEPT 5.03 EXTERIOR MATERIALS AND TREATMENTS 5. 04 COLOR OF MATERIALS 5.05 BUILDING HEIGHTS 5. 06 SCREENING AND LOCATION OF EQUIPMENT ARTICLE VI: REVIEW OF PLANS BY VIRGINIA BEACH DEVELOPMENT AUTHORITY 6. 01 INTRODUCTION 6.02 PROCEDURES 6.03 REVIEW OF SUBMITTAL REQUIREMENTS 6.04 BASIS OF APPROVAL 6.05 REVIEW COMMITTEE 6.06 REVIEW TIME 6. 07 PUBLIC APPROVALS INTRODUCTION Corporate Landing (the Park) is a planned multi-facted business park encompassing approximately 372 acres of land. The park is strategically located between the proposed alignment of the Southeastern Expressway and General Booth Boulevard. This planned environment offers properties for the development of Corporate Headquarters, Professional Services, Research and Development, High-Tech Facilities, Office Distribution Buildings, Retail, as well as 2 Hotel sites. The office park contains approximately 38 acres of lakes and when completed will include jogging trails, plazas and a variety of outdoor green spaces. Corporate Landing will be developed and maintained with an attractive "park-like" setting with high quality buildings integrated into a natural landscaped environment. It is the intent of the Virginia Beach Development Authority (VBDA) to encourage the construction of attractive quality environs throughout the park. It is for this reason that the Design Criteria herein are established to complement the various other covenants which the VBDA presently has in place. 1 ARTICLE 1: THE PARK 1.01 MASTER PLAN A. Plan Concept: Corporate Landing, shown on (Exhibits A, B and C) , has been developed to illustrate the intent to develop a unified concept without imposing undue restrictions upon the development of individual sites within the park. This Master Plan, in addition to the layout of the sites, shall incorporate exterior lighting, signage, and landscaping criteria for each of the individual sites. B. It is for this reason that the design criteria herein are established for site density, building materials, landscaping, signage, site furniture and site lighting to insure the fruition of a unified, qualitative park environment. The design criteria and master plan have been created by and are subject to modification and revision by the Virginia Beach Development Authority. 2 1.02 LAND USES A. Land uses within the park have been established for the various building types which will be housed in the park, see (Exhibit C) . The following is a description of these districts. Each site developer shall be responsible for compliance with the requirements of the approved rezoning application. 1. LDO DISTRICT (LOW DENSITY OFFICE USE) : This classification refers to the development of one and two story office buildings with a maximum building height of 35 feet. USE a. Business, medical, financial, nonprofit, professional and similar office buildings. b. Lithographic and publishing establishments. c. Public buildings and grounds. d. Vocational, technical, industrial , and trade schools. e. Motion picture studios. f. 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 City Zoning Ordinance. 3 2. MDO DISTRICT (MEDIUM DENSITY OFFICE USE) : This classification refers to the development of mid-rise office buildings with a maximum building height 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. USE a. Business, medical, financial, nonprofit, professional, and similar office buildings. b. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites. c. Motion picture studios. d. Printing, lithographic or publishing establishments. e. Recreational facilities of an outdoor nature in accordance with the Virginia Beach City Zoning Ordinance. f. Vocational, industrial and trade schools. g. Recreational facilities other than those of an outdoor nature. h. Public and private schools, colleges and universities. i. 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 City Zoning Ordinance. 4 3. R&D (RESEARCH AND DEVELOPMENT/OFFICE WAREHOUSE DISTRICT) : This classification refers to the development of one and two story office/warehouse buildings with a maximum building height of 35 feet. USE a. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. b. Establishments such as linen suppliers, communication services and canteen services. c. Light assembly, processing, extracting, packaging or fabricating establishments. d. Motion picture studios. e. Printing lithographic or publishing establishments. f. Public utilities installations and substations including offices. g. Radio or television transmission and relay stations. h. Wholesaling, warehousing, storage or distribution establishments. i. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites) . j . 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 City Zoning Ordinance. 5 4. MXD DISTRICT (MIXED USE DEVELOPMENT) : This classification refers to the development of a mixed use complex that would provide retail shops, a hotel, restaurants, office space, sports and recreation centers with a maximum building height 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. USE a. Automotive rental, parts and supply stores in connection with other permitted uses. b. Business, medical, financial, nonprofit, professional and similar office buildings. c. Eating and drinking establishments. d. Establishments such as linen suppliers, communication services, and canteen services. e. Hotels. f. Printing, lithographic or publishing establishments. g. Recreational facilities of an outdoor nature. h. Recreational facilities other than those of an outdoor nature. i. 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 City Zoning Ordinance. 6 5. 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 with a maximum building height of 35 feet. a. Automobile service stations or repair facilities that perform the same functions as cited in Sub-Section 111 of the Virginia Beach Zoning Ordinance. b. Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold at retail and only on the premises. c. Business studios, offices and clinics. d. 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. e. Child care and child education centers. f. Drugstores, beauty shops and barbershops. g. Eating and drinking establishments without drive-through windows. h. Financial institutions. i. Florists, gift shops and stationery stores. j . Service and repair services for business machines, sign shops and other small service businesses. k. 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. 7 1. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. _ m. Laundry and dry cleaning agencies. n. Medical and dental offices. o. Museums and art galleries. p. Job and commercial printing. q. Personal service establishments, other than those listed separately. r. Athletic clubs. s. Public utilities installations and substations, including offices. t. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) feet of floor area. u. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on premises; retail sales and display rooms. v. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. w. 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 City Zoning Ordinance. A. Notwithstanding the above, no building or other structure shall exceed the height limits established by the Virginia Beach City Zoning Ordinance regarding air navigation. 8 B. The Virginia Beach Development Authority (VBDA) , maintains the right of approval of the property's use. The VBDA with the concurrence of the Virginia Beach City Council maintains the right to alter or adjust the boundaries of the land use districts. 1. 03 IMPROVEMENTS PROVIDED BY DEVELOPER The following site improvements will be provided as shown on drawings available from Virginia Beach Development Authority: A. Roadways: Estates Drive, Culver Lane and Corporate Landing Drive. B. Utilities: Water, electricity, sanitary sewer and telephone shall be provided to within the right of way of the three roads listed in A above or within an easement adjacent to the right of way. Connections to these major lines will be the responsibility of the site purchaser. C. Signs: Park entrance signs shall be freestanding and will be located at the intersections of the main entrances into the park. Directional and traffic signs will be provided as required. See Sign Exhibits for example of park signs. D. Landscaping: Landscaping of the common areas at the park's entrances with irrigation will be provided. E. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, 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 adjacent residential neighborhoods. Where the park abutts property not currently developed for residential use, the Development Authority will reserve a 75 foot strip of land for the future placement of a berm with evergreen plantings, should said adjacent property be developed into residential neighborhoods, see (Exhibit K) . Property owners within the park 9 shall be responsible for maintaining the berm along their entire length of property. Maintenance shall consist of weeding, fertilizing and watering of all trees, shrubs and lawn area to maintain healthy plant life. In addition all lawn areas shall be maintained at 2 1/2" in height and cut when lawn areas reach 4" in height. 10 r- 0 0 r / ; 5 O O O ( U W /v r 1 i 40:4;i44 0.. si ci ••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••❖••••••.•.•/.•••❖••••.•••••.❖.•.••♦•.•.••♦•..•.•.•.••❖•�.••�.�.•••...•♦•••..•❖♦• Oty »•!•�i�i�i�i�i�i�i�i�i�ii�i�i�ii�iii�i•% •••••• ced ••••••••••••••• "stJf I •�❖.❖.❖.❖.❖.❖.• • \ •••••••, • \ 'Yd, ' As .. k�ti %s O. • Z O v O Q I I 1 I I1 I I I I I I I I I N . . 0 Le; .. __ _ c 4 � %� � ; b 0 • , fr In -\"...- ',/, ,.....4.. ...... le. _ („.;. . N . I .11,17 in -\ _ / . ' ‘4, . -....-. r A "tee; _lb 1,k / -t 4,•.7 ',- •Aft ‘,4 • it", .... , . - ...i 3 8 � ,t 0a , ,...:. Vr„,;:"... ..Fa. ,,,,li 1,-.! i .N, .4, , • „ ., „, „ ..., . . . ,....•_ ___ .., .4 s. .,Y.. .. —P*. • . - z� az k • •l� - ,--,tt .; .satz),4\i ic 2? :. ,- ' ‘,...CtW 12, . 4, _411.'1 I .n1:7:21—I 1.......k,.. i •.. ' \ , ion fo, ....:_rio_ \ 1- r+J ic _ u �i 1r�) �i / Z 4-P .. 14;1 ( 'C a. t--II,r..` l _ / .--__ ;7. ____ . - ti j b ' I -I--______,L :.,,,,., , ..4 4I U I 3 I I I I I I 1 7 • r 0 0 0 ti an N 0 O I1, n .. O 7.": =i -tt•71/�i�f w t t;i i=ii-1—i` 0 • • • • • • • • • • • • • ii t tr`I`:��T� Z �>; ues p so air%% �$_',ts:tts . % 0O ••6• sup a `a/ttii,:./ •• 'ryrr•• i �/7/-� is • • • • � �i Iatt_ - /ice a �arararint i t3't'7':i i 4 iuprirrrr■ } • irrfarrfsy�ii�i i tt��.t.+1�` • iiiran'' ///t/t 3 • /rsrsNr rararrq\arsr • oWc iirifF!�wrriV orrrrrwr ;S.al-i 7 CL �f\rfriffrfMs •ii�i\ifiii t�.\7t/�N x rfriipsiigr arirfraraai\ �� /��t iffifN /\rir\rariifr i`t.1/t W a%iw:or00%ooif000r /ffrf:isiooNff t7/:111/ t/ jfriirooiooirAior siiuMNarrNNr ilk^{ t I°°{roof\°°rir\r\s.fa. �1„.r /7 i rrffffrfrirr ifrr°°fiirw7rlsi.• -�-/%�t� frNrir\rfr \a\rfrir. I+t��^t rir\r\ps.r /firip/iiiiiiirfairirffrfrfrsr /Nrp frgparfrfr\sfrNa /. i�iNfN�7 N\Na\iq°°air0 - ��_ Z /°°aifiriiiaifirfrfiriairrir I' 4�. tfris.iN' /rirfrir\iisi °°Ns.frfr\r\Ns.► .srrrr°°r 4' tffr°°rfr IN\ffrfrf°°f arrr\r\rffffN\r rii\ri W 7Nrfri ire*f��i�I• o50000000000000000N��os a\rrfrfr\ff N fr m prfffffrNrl afrrffrfrfNafrfrfrp- •.»a\±frirfrpf fri°°rif .JAr' o oo+I.°°. .�NNs.NffrrrffifpN°°� /, OrrrirN\N N r°°OMONONUfffrNfffa- +aiNr\rN�rrfpria°°rir fss Q fN7 /fii°°°°ii\iiff� oaff_rrrffa\ffrr\rrwfrrs._ afffffff°°f r# .#rrrlrlrf�Nr \ui:ii�ii�� \Nrpi�tr!r�N rr\Nrfr\rfrff\rN .}.}f:or?# -i°°ifs.iai\iii°°rrria I A s.afN nrrf\f► ; �f°°sfrsrfrrfr°°irri.a�. airwriairff\riiirfir ffNfrarir./�-�rrrrfririr\r\rarirffrrir �_ >a .\rf.. rf�rrrrr aNrirfr\rrffrrp. �.y ,f .rrrNa.a-- fprrrpap\Niio rfN\Nfprv.. ;I O trrrNrgrrfrrfarff Mirarrr\ . th fd'9r aqr.' .p\iafN:ufOa-- af�s..af�i�i°jiNfra. a.p�a� iis.aiN ' /hfarNrffNN rNN trarirrfrrN• .r a '� r' % ,-. r°°rfrNN NpfNr\air- } � �"' rfsiaiiiiii •\a y y. y. ',��."'*R ,t,.` ririiiM\ia\�rarrNiarNaiaifiiifti►. .r fa\1frfN .a L '� irffaN °°fins.\rpiNafrpf::aarirfir\rf. is.iN _ �fririairia .'-,: £t5 `^'�' y rat.•.e; ` fifrfffr \prariNi::piiiiNii °°a awfprir y M.GG 'L .Try;' i. iiiiriiiiiis�iaaga�fai°°°°rih� ..°°wash°°: tlfrirff,i:::: ::: g; ::: .?T'__y• 4 z. rqN°°a F:f. �E� � 'II. ts.q°°° 6;;;iiii::::j .::::::aC7E;:ii. e£ 'xt ', '`'� '-'4• `._ - - _ fin i ♦:� ..•:. . .... °°°°°°°°° ._°°frw\i ��A a °hi°�wiiii°iiiiii i::":°:=:a: s's:_:r ,•' ,� * 7°°NiiiNNrapNr °° ........• ...• ...... vNwfpgpiNA : Z .':, 'pN°°rfNrfa°°N ai� �7rii�wV f L1I °°°°°- ..........:.. ,.,-, ,_ . ,-., , ....... ...... \\ u 0 O O Z r > ; 4 0 ¢ o o a r son W '� 1.t w OG j z O tn 0 W 2 et c n cCn 1 -• W X X G 0 2 IAA at I in - w N CI CI • alai `, a 1 ARTICLE II: THE SITE PLAN 2. 01 APPLICABLE CODES A. Development of all property within Corporate Landing is governed by the requirements and restrictions of the recorded Zoning Proffers of — the VBDA as well as the various ordinances and laws of the agencies of the City of Virginia Beach and the State of Virginia. It is the responsibility of the individual site developer to verify and conform with all requirements of governing agencies and obtain and maintain all necessary permits during the development of the property. 2. 02 SITE COVERAGE RATIO AND BUILDING SETBACKS A. The following chart lists the building requirements within the various classifications _ for minimum lot area, width, yard spacing, floor area ratio, and coverage: R&D LDO MDO MXD MXD2 Minimum Lot Area 3.5 Ac 2.0 Ac 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' 100' 100' Minimum Yard Setback Dam Neck Road 100' 100' 100' ---- ---- Minimum Yard Setback General Booth Boulevard ---- ---- 75' ---- 75' 14 R&D LDO MDO MXD MXD2 Minimum Yard Setback Corporate Landing Parkway 75' 75' 75 ---- 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Property Lines 30' 30' 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' 30' 30' Maximum Floor Area Ratios .50 .50 .90 .90 .90 Maximum Building and Paved Area Coverage 75% 60% 60% 65% 75% 1. Floor Area Ratio: The ratio of floor area to land area expressed as a percent or decimal which shall be determined by dividing the total floor area on a zoning lot by the lot area of that zoning lot. 15 2.03 BUILDING ORIENTATION A. Buildings to be constructed at Corporate Landing shall be sited in general accordance with the master plan and as approved by the VBDA. Primary building axis shall be as directed by the VBDA. 2.04 SITE GRADING AND DRAINAGE A. The site grading of each individual building site in Corporate Landing shall be done in a manner complimentary and compatible with the adjacent sites and with the overall land plan. All site grading shall be approved by the VBDA. All site grading shall have a minimum 1% positive drainage. B. No slopes in the Park shall exceed 3 to 1 unless approved by VBDA. C. All paved areas shall have a minimum 1% slope (1:100) . D. All grading plans shall indicate locations of any large existing trees (6" caliper and larger) and tree masses. E. The utilization of best land management practices and the stormwater management ordinance shall be incorporated into the master drainage plan for Corporate Landing and each individual site drainage plans. F. Drainage easements shall be dedicated to the City of Virginia Beach as required by the Corporate Landing master drainage plan and individual site development. G. Erosion and Sediment control for all site development shall be in accordance with the specifications outlined in the Virginia Erosion and Sediment Control Handbook. 16 2. 05 CURB CUTS AND INTERNAL DRIVES A. Curb Cuts: 1. Curb cuts shall be as shown on (Exhibit B) . Any variations shall be as approved by the VBDA. 2. Curb Cuts for 2-way drives may not exceed 36 feet in width. 3. Curb cuts for one way drives with an island in the center shall be as follows: a. The drive exiting shall not exceed a total of 24 feet in width for both the left and right turn lanes. b. The drive entering shall not exceed 15 feet in width. c. The island in the center shall be 15 feet wide. 2.06 PARKING LOT SETBACKS A. The following chart lists the minimum parking lot setback requirements within the various classifications of the property. R&D LDO MDO MXD MXD2 Minimum Yard Setback Adjacent to Dam Neck Road 75' 75' 75' ---- ---- Minimum Yard Setback General Booth Boulevard ---- ---- 75' ---- 75' Minimum Yard Setback Corporate Landing Parkway 40' 1 50' 50' ---- 50' Minimum Yard Setback Adjacent to Other Public Streets 40' & 50' 1 50' 50' 50' 50' 17 • R&D LDO MDO MXD MXD2 Minimum Yard Setback _ Adjacent to Private Streets (excluding access drives and Parking Lot Drive Aisles 25' 25' 25' 25' 25' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' 75' Minimum Yard Setback Side Property Line 15'2 15'2 15'2 15'2 15'2 Minimum Yard Setback Rear Property Line 15' 15' 15' 15' 15' Minimum Yard Setback Between Parking Lots and Buildings (excluding Sidewalks) 20' 20' 20' 20' 0' 1. 40' North of Dam Neck Road 2. Excluding Common Drive Aisles Between Parcels. 18 2 . 07 PARKING LOT SCREENING A. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abutts a public street right-of-way. Such buffering shall be located with the parking lot setbacks established by Item 2. 06, see (Exhibit G) . B. The developer of any site that abutts a storm water retention lake or canal with a parking lot shall provide a continuous landscape buffer 4' to 5' in height at installation, with a minimum width of 15 feet. This buffer shall be planted with a mixture of deciduous trees and evergreen trees and shrubs with 90% of the planting being evergreen, see (Exhibit G) . 2.08 PARKING REQUIREMENTS A. The following minimum general requirements are applicable to all use classifications located within the property: 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 City Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowance shall be as required by the City of Virginia Beach City Zoning Ordinance. 19 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot striping shall be white. Special striping shall be as required by the City of Virginia Beach. 9. The requirements indicated above 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. 2. 09 LOADING AREAS A. Loading areas 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, see (Exhibit I) . B. Location of any loading areas shall be subject to the VBDA approval. 2. 10 EXTERIOR STORAGE A. Exterior storage will not be permitted. 2. 11 FENCING A. The use of fencing on any site, other than for required screening of trash or equipment, is not permitted. 20 B. Material for screening dumpsters shall be constructed of brick or similar masonry items to match building. Design is to be consistent with and complementary to the building on the site, see (Exhibit J) . C. Screen walls shall not exceed eight (8) feet in height unless approved or directed by the VBDA. D. Prior to construction, all screen walls will require VBDA approval for material, construction, location, color and overall impact. 2. 12 REFUSE FACILITIES A. Trash and garbage facilities shall be located and screened so as not to be visible from any street or right-of-way, adjoining residential neighborhoods and from any of the lake or canal areas. Screen walls shall be constructed of materials similar to building materials while gates shall be black vinyl coated chain link fence with black vinyl slats. (See paragraph 2. 11 - FENCING) . A heavier pavement design section along the collection route shall be provided, see (Exhibit J) . 2. 13 UTILITIES A. All utility connections, including all electrical and telephone 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 any power pole nor hung on the outside of any building, but shall be placed at grade or within the building served. 2i B. Transformer or similar above ground equipment shall be placed in the most inconspicuous location possible. Where placed at grade, the equipment shall be adequately screened and all such installation shall be subject to prior written approval of the VBDA. Exterior mounted utility equipment shall be painted to match color scheme of the building, see (Exhibit I) . 2. 14 TEMPORARY FACILITIES A. Temporary facilities other than construction related facilities shall not be permitted. Construction facilities shall not be permitted within the front yards and when located in rear yards shall be removed immediately upon completion of the permanent facility. B. During construction a construction entrance installed in accordance with the specifications in the Virginia Erosion and Sediment Control Handbook shall be provided to prevent dirt and mud from being tracked out onto the street. If dirt, mud, etc. are tracked onto the public street, the site owner shall have it cleaned within 24 hours or VBDA will have it cleaned and charge the site owner for the service. 2.15 JOGGING TRAILS A. Each developer or owner of a site shall construct all jogging trails that pass through their property or properties, see (Exhibit B) for location and (Exhibit F) for construction. 22 ARTICLE III THE LANDSCAPE 3 .01 LANDSCAPING A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped environment. This emphasis will provide an overall visual continuity throughout the park and will serve as a backdrop for the development of each individual site. During the individual site development stage, the landscape architect shall give careful consideration & analysis to respond to surrounding site components such as site context, open space, landmarks, views and vistas, streetscapes and the protection of existing vegetation. In addition, the utilization of the provided list of plant materials into planting schedules, the incorporation of the General Requirements as described herein for new planting into drawings and specifications and the implementation of design criteria as illustrated in the enclosed exhibits shall be required. B. Protection of Existing Vegetation: Site developer, through sensitive grading and drainage plans, shall save stands of natural vegetation 15' outside of all proposed building walls and 5' outside of all paved areas. The building developer shall identify, "flag", and barricade up to the tree dripline such stands prior to site clearing or grading operations. Storage of materials or equipment shall not be allowed within these barriers during construction and barriers shall not be removed until finish grading of sites has been completed. All City of Virginia Beach and State of Virginia tree protection notes are applicable and shall be enforced. 23 C. General requirements of new plantings: 1. All shade trees along pedestrian walkways shall have a minimum branch hang height of 6'-8". 2. Where shrubs or groundcovers are used, "massing" is required unless otherwise approved. Extensive varieties of plants within one planting bed is discouraged. 3. Sod rather than seeding is required within 50' of all buildings and along all adjacent roadways which the property lines front. Minimum width of sod along roadways shall be 15' if applicable. 4. Flowering trees shall have a minimum caliper of 1 1/2"-2" . 5. Shade trees shall have a minimum caliper of 3 1/2"-4" except for shade trees in parking lots which shall have a minimum caliper of 2 1/2" - 3" . 6. Within the parking field and in adjacent curbed planting areas, there shall be one shade tree per 10 parking spaces with a minimum ground area of 8' x 17' surrounding the tree. 7. Continuous evergreen screening shall be required along any side of a parking lot that abutts the right-of-way of any street, lake or canal. Minimum height of plant screen along the right of way of any street shall be 30", planted 3 ' o.c. ; where parking lots are visable from lakes or canals the plant screen shall be 4 ' to 5' in height, planted 3' o.c. Berming may be substituted and shall be a minimum height of 3' . 8. The attached plant list shall dictate varieties to be used unless otherwise allowed by the VBDA see (Exhibit D) . 9. All building entry drives shall be well landscaped with a combination of evergreen shrubs and flowering shrubs or flower beds, see (Exhibit L) . 24 10. All site utilities such as heat pumps, transformers, etc. shall be screened with an evergreen shrub with spacing not to exceed 3' o.c. Height of shrub at installation shall be a minimum height of 4' to 5' , see (Exhibit I) . 11. All visible loading docks or loading areas that abut property lines or street right of ways shall be screened with evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 36" with spacing not to exceed 3' o.c. , minimum height of evergreen trees shall be 4'-5' in height with spacing not to exceed 8' o.c. , see (Exhibit I) . 12. For all office buildings a minimum budget of $2.00 (1990 dollars) per square foot of building is required for lawn, planting and irrigation. Each year following, the budget shall be increased 5% per year. The contractor shall submit a landscape cost estimate to the VBDA with the submittal of the construction documents. 13. All planting bed areas shall be covered with a 2" layer of shredded hardwood mulch. 14. All plant material, topsoil, mulch, fertilizers, etc. shall be subject to VBDA approval. Rejected materials shall be removed from the site without delay. 15. Location of underground utilities shall be determined prior to start of work to avoid damaging. 16. All planting operations shall be under the supervision of an experienced plantsman. 17. All landscape planting plans shall be prepared and sealed by a landscape architect certified to practice as such in the Commonwealth of Virginia. 18. All plants shall be nursery grown & shall be in accordance with the most recent edition of the "American Standard for Nursery Stock. " Spaded trees may be accepted if approved by the VBDA. 19. All entry drives into each building site shall be landscaped, see (Exhibit L) . 25 20. Street trees(3 1/2" - 4" caliper, 14' to 16' in height) shall be placed along all roadways, within the right of way, which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abutts the roadway. Existing street trees, 75' off the property line, in both directions, if applicable, shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. See streetscape plan which shall be provided by the VBDA. 21. In addition to the above requirements all landscaping shall comply with the City of Virginia Beach Landscape Ordinance. Any discrepancy between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. 3. 02 IRRIGATION A. 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. Lawn areas and shrub beds shall be on separate zones. 3.03 SITE LIGHTING A. The intent is to create a uniform lighting system for the exterior lighting of the park, and shall be the fixture type shown in (Exhibit M) . Therefore, the following requirements have been established: 1. Parking light fixtures shall be a maximum height of 30' , see (Exhibit M) . 2. Low bollard fixtures or landscape lighting is recommended for walks and building entries, see (Exhibit M) . 26 3. Building mounted floods will not be permitted, except in completely internalized service courts for the research and development (R&D) areas. In each case where this is applicable the user shall obtain approval from the VBDA at the construction document approval stage. 4. Lighting in parking lots, walkways, signage and on all buildings shall be "cool white" mercury vapor lamps. Lighting in all public right-of-ways shall be high pressure sodium. 5. Lighting levels will be determined by the recognized standard of the lighting industry, as specified in the "Lighting Handbook of the Illuminating Engineering Society". Lighting levels in parking lots shall be minimum . 5 foot candles. 6. Accent lighting of buildings, landscaping and signage is required. 7. All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. 3.04 SITE FURNITURE Site furniture shall include benches, seats, tables, trash receptacles, and planters, and may be placed at building entrance plazas and at entry walks. All site furniture shall be selected from a list of standard furniture, provided by the VBDA, see (Exhibit H) . 27 Shade Trees Botanical Name Common Name Minimum Size Acer rubrum Red Maple 14 ' to 16' Ht. 3-1/2" - 4" Cal Acer platanoides Norway Maple 14 ' to 16' Ht. 3-1/2" - 4" Cal Betula nigra River Birch 14 ' to 16' Ht. 3-1/2" - 4" Cal Ginkgo biloba (male) Ginkgo Tree 14 ' to 16' Ht. 3-1/2" - 4" Cal Gleditsia triacanthos Honey-Locust 14 ' to 16 ' Ht. Varieties 3-1/2" - 4 ' Cal Nyssa Sylvatica Black Gum 14 ' to 16' Ht. 3-1/2" - 4" Cal Platanus acerifolia 14' to 16' Ht. Bloodgood London Plane Tree 3-1/2"-4 ' Cal Quercus acutissima Sawtooth Oak 14 ' to 16 ' Ht. 3-1/2" - 4" Cal LANDSCAPE PLANTING LIST D 28 Shade Trees Botanical Name Common Name Minimum Size Quercus borealis Northern Red Oak 14 ' to 16 ' Ht. 3-1/2" - 4" Cal Quercus coccinea Scarlet Oak 14 ' to 16 ' Ht. 3-1/2" - 4" Cal Quercus darlingtonia Darlington Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Quercus nigra Water Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Quercus palustris Pin Oak 14 ' to 16" Ht. 3-1/2" - 4" Cal Quercus phellos Willow Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Quercus Virginiana Live Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Sophora Japonica Japanese Pagoda Tree 14 ' to 16 ' Ht. 3-1/2" - 4" Cal Taxodium Distichum Bald Cypress 14 ' to 16' Ht. 3-1/2" - 4" Cal Tilia cordata Little Leaf Linden 14 ' to 16' Ht. 3-1/2" - 4" Cal Zelkova Serrata Japanese Zelkova 14 ' to 16' Ht. 3-1/2" - 4" Cal LANDSCAPE PLANTING LIST D ► 29 Flowering Trees Botanical Name Common Name Minimum Size Acer buergeranum Trident maple 8 '-10' Ht. 2-1/2" - 3" Cal Acer palmatum Greenleaf Japanese Maple 5'-6 ' Ht. 1-1/2" - 2" Cal Acer Palmatrum Atropurpureum Redleaf Japanese Maple 5'-6' Ht. 1-1/2" - 2" Cal Cercis canadensis Eastern Redbud 6'-8 ' Ht. 1-3/4" - 2" Cal Cornus species Dogwoods 6'-8 ' Ht. 1-3/4" - 2" Cal Carataegus species Hawthorns 6'-8 ' Ht. 1-3/4" - 2" Cal Lagerstroemia indica Crapemyrtle 6'-8 ' Ht. 1-3/4" - 2" Cal Magnolia soulangiana Saucer Magnolia 6'-8 ' Ht. 1-3/4" - 2" Cal Magnolia Virginiana Sweetbay Magnolia 6'-8 ' Ht. 1-3/4" - 2" Cal Malus varieties Flowering crabapples 6'-8 ' Ht. 1-3/4" - 2" Cal Prunus cerasifera Purpleleaf Plum 6'-8 ' Ht. 'Thundercloud' 1-3/4" - 2" Cal Prunus species Flowering Cherries 6'-8 ' Ht. 1-3/4" - 2" Cal Pyrus calleryana Bradford Pear 6 '-8 ' Ht. 'Bradford' 1-3/4" - 2" Cal LANDSCAPE PLANTING LIST C1) 30 Evergreen Trees Botanical Name Common Name Minimum Size Cupressocyparis leylandi Leyland Cypress 4 '-5' Ht. Ilex attenuata 'Fosteri' Foster's American Holly 5'-6' Ht. Ilex opaca (Female) Berried American Holly 5'-6 ' Ht. Magnolia grandiflora Southern Magnolia 5'-6' Ht. Pinus strobus White Pine 4 '-5 ' Ht. Pinus taeda Loblolly Pine 4 '-5' Ht. Pinus thunbergi Black Pine 4 '-5 ' Ht. LANDSCAPE PLANTING LIST D 31 Large Shrubs Botanical Name Common Name Minimum Size Azalea indica Indian Azalea 18"-24" Ht. & Sp. Ilex species Hollies 18"-24" Ht. & Sp. Juniperus species Junipers 18"-24" Ht. & Sp. Ralmia Latifolia Mountain Laurel 2-1/2 '-3 ' Ht. & Sp. Magnolia Virginiana Sweet Bay Magnolia 2-1/2 '-3 ' Ht. & Sp. Myrica cerifera Southern Wax-Myrtle 2-1/2 '-3 ' Ht. & Sp. Osmanthus Species Osmanthus 2-1/2 '-3 ' Ht. & Sp. Photinia frazieri Red Photinia 2-1/2 '-3 ' Ht. & Sp. Photinia serrulata Chinese Photinia 2-1/2 '-3 ' Ht. & Sp. Pyracantha coccinea varieties Firethorns 2-1/2 '-3 ' Ht. & Sp. Viburnum species Viburnums 2-1/2 '-3 ' Ht. & Sp. LANDSCAPE PLANTING LIST D 32 Medium Shrubs Botanical Name Common Name Minimum Size Abelia species Abelias 15"-18" Ht. & Sp. Aucuba japonica Japanese Aucuba 15"-18" Ht. & Sp. Azalea obtusum Kaempferi Kaempferi Azalea 15"-18" Ht. & Sp. Berberis julianae Wintergreen Barberry 15"-18" Ht. & Sp. Euonymus alatus Winged Euonymus 15"-18" Ht. & Sp. Ilex species Hollies 15"-18" Ht. & Sp. Juniperus species Junipers 15"-18" Ht. & Sp. Myrica pennsylvania Northern Bayberry 15"-18" Ht. & Sp. Nandina domestica Heavenly Bamboo 15"-18" Ht. & Sp. Pieria japonica Japanese Andromedia 15"-18" Ht. & Sp. Prunus laurocerasus Schipka Cherry Laurel 15"-18" Ht. & Sp. 'Schipkaensis' Pyracantha coccinea Lowboy Firethorn 15"-18" Ht. & Sp. Lalandi "Lowboy" Raphiolepsis Incica Indian Hawthorn 15"-18" Ht. & Sp. Spiraea species Spireas 15"-18" Ht. & Sp. LANDSCAPE PLANTING LIST D 33 Small Shrubs Botanical Name Common Name Minimum Size Azalea kurume Kurume Azaleas 15"-18" Ht. & Sp. Berberis thunbergi Crimson Pygmy 12"-15" Ht. & Sp. Atropurpurea 'Nana' Barberry Euonymus alatus Compactus Dwarf winged Euonymus 15"-18" Ht. & Sp. Ilex species Spreading Hollies 15"-18" Sp. Ilex species Non-spreading Hollies 15"-18" Ht. Juniperus species Junipers 15"-18" Sp. Nandina domestica 'Nana' Dwarf Nandina 10"-12" Ht. & Sp. Pinus mugho Mughus Mugo Pine 10"-12" Ht. & Sp. LANDSCAPE PLANTING LIST D 34 Ground Covers Botanical Name Common Name Minimum Size Cotoneaster species Cotoneasters 15"-18" Sp. Hedera helix English Ivy 2-1/4" Pot Iberis Sempervirens Evergreen Candytuft 1 qt. Juniperus horizontalis var. Creeping Juniper Varieties 15"-18" Sp. Juniperus chinensis var. Compact Juniper Varieties 15"-18" Sp. Juniperus conferta Blue Pacific Juniper 15"-18" Sp. Liriope varieties Liriope 1 qt. Ophiopogan Japonicus Mondo Grass 1 qt. Pachysandra terminalis Japanese Spurge 2-3/4" Pot Vinca minor Periwinkle 2-3/4" Pot LANDSCAPE PLANTING LIST D 35 4 a j sr `'•`:'•'sj f?r `.;>? hi* PLANTING TO BE PROVIDED 1N FRONT $10 '%�'y%"%X5,,..'•`<�'5 ',.'s OF BUILDING AT LAKE EDGE maw 4 ROI *10.14 •! 4 rill ' ''..:IP*V4. i STONE EDGE AS APPROVED BY TFW VBDA MAINTAIN GRASS SLOPE f .n..-�,' TO STONE AT WATERS EDGE i 0 TYPICAL LAKE EDGE 36 \ / ` 0 ,p -,,t,or , .,4, _.. ..4 3 via,..,• ,,,,,,,, ..:...., .,,, .• . ‘. .:: : ,. , • At , --- *F. 4 4 v ,ao, lit w , .01--Ar,A:.::-:.:, • .f � �y : A AT ROAD CROSSING ROADWAY AC \ -...:.:* *1: /.,. Alin • *PAW:. .04ilikrill*".1411/0 la1011.71.11P 4IYAW::" 00 1 OA Itigiv \ /• , '..:-. ,r 447AtrA f .I. t Sr* \ )0-10. if r :: .. • .--...r. .... to . Of t . -. : • 1. 44 At -....„ Ith' rrIll.: :. 1 x 6 CEDAR EDGING ile �r � A „7 -•- ASPHALT (1-1/2' OF S-5) CRUSHED STONE (6' OF 21A OR KJ • le:. ,. * ._'.: , ` ir 5' _ ON • 0 � � 1 mill II = I • • 1111 _fi��r� '14...�4.: ..v:•�• ��i �: � I 2 x 4 SALT TREATED ,�R= i I ...11II- IM" STAKING - 30' O.C. i --IIII -i 0 SECTION O TYPICAL JOGGING TRAIL NOTE: CROWN JOGGING TRAIL AS REQUIRED TO PROVIDE POSITIVE DRAINAGE 37 PARKING LOT• SHADE TREES AND FLOWERING TREES ROADWAY s -IA- AgilliallEariiiket. Vim! 3' BERMING WITH 3 : 1 SLOPE OR 24' - 30' IN HEIGHT EVERGREEN PLANTING 22' / 15' / A 4, . - IMPOUNDMENT EASEMENT LANDSCAPE BUFFER 4' TO 5' IN HEIGHT LAKE OR CANAL ., TYPICAL. SCREENING A-T PAR'KiNG LOTS ,38 cn ce) Il III 1111 • :,*'.... ,) , • • . ..,..--•.:!.. ''.. - • .•• 1• •' '.• ifi •:;,4.1 . . l':-,.-A'i ....---.7-i:..:::•...:'.....,:.. IP ....;7_--!---,-:•'.1.3 '•- :.-":::;.''.ilt"-7.4-. .. -.';'..i.i.l.'••‘-‘ ''.'....::';''.;"::):'i'...":.• . -0 .. • A ki.S11. 1 ,,•._ .- • 7.:4 - , . • ..::',Airi •• . . . ..-'4*. .-- . :::;-,,,, -•' ..._=7--.-27:---:•_-_ "':-7::::-.•.:7'-'-',' ,s'. 1.:,. -.17. ' . • ' - --!..:.4-6-A-•':!':-' • •;,:f,•4 '.,,-., :.7.--- - ' " --"---.. v.. • . .,..•., . . , .......10,-,'A., 61111115gEN=111. N •-. . ' i 1. . •,...... ::......k- ••-. -. r.-14;. v . ..-....--- A=f•,-. , - -• '..... i ,' . •'. ..'. . - 144 • •. ..,. . , . :t. - .,t'A .:... 1 - - .• i '' . • .•• ,--....-..-— .•..;,--•,---,..t.i••.*: .. -.-- IA- - •.''•:.-=•--- a,. ''' -if.':-,:'1...... 1 • ..: tt P-7..,:' ..-:-• '. . ,. . .;;I:',. •37,'.1.• ..`•/-.- . it .., „.„.;. ,.. t. :,.....,.., ,...,.„ : , ,.. • , .. .. . ...- "• '•.1 , .. • '1.:.•ti••:"L':j.fd.d". ;.ki:1,..:-.1%.1.SIT1,•:.':...i. ;:o:•:Z:::i.,, C t.t".,tt. .!..iftel,1 S4-,rri,,..r. • •• . - A k q!.:.i.....itc,:m1.,. ....,,. ,... c4:::-;,i,ii..1.4.13i,.;,....„..rt :--',. • , -vt..:-.v.,-..?.•.,,, •-•14.1 ,,.4';."'4"?.,',11,fikke.! '.14...,.....1'7......1‘, -•.'"i. • .1'.-A......*"..{3'73.::,_VD. :'....- • ' ..• 'A : '''''. ill 111 III •-.'':"2:`----:;•':.-----,T.47Ak...-_:. • 1 yil!*, -2,iikftVAIWri.',11.1, ( leff,;•i ,, ••••; - '. ,;.''''•:.4--if:'' . , . 1;4117;L 11.-Al• A‘41' ilW• 4T:•.......e. ,:•••-•#' •A'aft•; •-•••••••••4•: •":":;'P •.; - . ' v,k),. wkk. .,..4-., .,It7k. v ee'....11.,:. 1:1:•y• x•-lty . ..:-.,-..;-4.,...--,,--it....v7.1:ta Al ' ' . filfitT 1147:441tt'' , .41'...1;4•61..i): ::k.t;:f?'1.fr,11.31 :2,‘,.7.1":'. ''.'.7.•".AV . , A. !AV '4:1;1 ' •-• •-;•,:•.e.,,' •:tf.4";,' 01F.,'.1" .},...e . .:‘,..S.: !,. \, is..4.....p.•,.14,1titie..4 , Pti . '1 '.,.-"re. -..374F,' 4 '".• . - • l . v.!.:.. ... '•* 't1C..in•is‘ . '*IL;'-',:.i'::&';;.:t'Se • 1 . 1'01 •-•"ti‘'.'%.-7 S•*::? 1 4. em. .- ,._ • , --kill -.. • 1 41. , s.t‘,... A . • ...,' .i... ..14...\;,.:1f. -...-.‘rvills-• 1, . . .'•'i•-N.1-... '5; , .A . • • ::. ..1...,•,i...f.:.4•.,•.,, . '.':...,... -, ., -.,:,.....r... .:.•• I.: 3.11k4 _ . ... 0.,.,, /, \ ... ,.. ..i.,, ,..,...:. s...„ ,,, , .. . . .. .,. ,.,,... \....'...... -....-..-,,,,,„••:•-:.;....-.• • -...• i ,,.,. ,:,.....___•-:"1. :•; i/•, - 7 14;:ii.i i I-. • . : '..-* : •1 • • , 4" /7 ' • 1.1*.I. ... ... \ 1,, ;•,,,,,,,,,,„.„.1,; ,.,.:;,,, . . t. ..,.• . . ... , ... .:- •- . • .,,,- • • : .-!..,:?,:,k;-.-,,:.- - -_•-...-_ ..' w ..,,,,,,.- . .i,, ,.,,......74s4 4:r ....$;•„..„,,. • v.- '4, ,...,.... • .. • •,,.•.....•. INkt...;-.111 ;,$.4,...••• 1 I.. • ,j,',.: .. r .. . .. ',-..-=''. .. ..=:. .r.- • : - 111 111 III . .. i,ilife;:;:<%-;:t.i . • • .• • . . . 441.v.'fi.....:1,11:::• ••.. . ..„...,•. gi.,,i'..:.'.....fI;:,';', ... 0)•••••fp:1::•-, •-;•:(i., •-.•:,i.:?(•,If4-4: ., . . ; • . - \\-- — - ' ,-!,Y:s 4%-:.•-••'-- `'-' • • ' 41111 • . •• . • . ,•,. ..s..- •-•- ., •;;,••. ‘,:!.k....4.:-. • Nt \ ,',: • ..•••1 , \ ..I. - . •• \ .x.i. \ . . \ \.....-- ,- ..,..•.:.,:. \•., \ ;--'":.11‘- • ••." ' ----.,...-•:•••". k v) _,...i.,',., •-..,•,'.2, ‘. ..,. (..) • ..• •.• . . . . ,... ,',,...i.'..4c.-ii•'''' c 7. \,, . - . .I '''••i:'.14,4;,... ' II ' 'I'f;', .-1-.,f• • WO, 41. It,.A• .A. • --.1.1•Abg • ....., . • ' \\ \ \ • ,...\ s. 1/) 5"4 ::c.':' •, %- ,, • cL ...---..4,..f.--e ..,,, ...... ...... . - : 1,4? .. .,f.....‘ ... . .-.:: .1•,.. -•-9-.: ‘ i I 1..... ki '' 4 -::0 ;i.e..' --:—.-'..•-••••• .••••.-.:"•.-"--',!••i:'•-.F.,'•,:ii..,.•!: 1. 1 4 IN . 110 _ v, 1111 '--PROPERTY LINE ( NOT APPLICABLE ADJACENT TO RESIDENTIAL ZONES) I 0; • EVERGREEN TREES .0 6' MIN. F 1 i dr dr.• fii , •••,A... • i(-60) —1-5\0 LOADING Al WAREHOUSE EVERGREEN SHRUB MASSING 3' TO 4' HEIGHT UAL il)J fr BLDG. 41/1,0 i •i ••••••. .... 1 M '► ffifo '''' ►►$ rf1•r 10' MIN. h ( TRANSFORMER Of/" ....\ 4„..,., h 1001* :::::::::::::K::::::::::::::-:::::::::::::::::0:::::::::.: 111,,,-,7, MYR ... /:::; 4 i--/ ;:-.4. --i..- ?.... ...:::..:::):::-:::::::e.)::-....x.:::::•:•:•:::•:::::•:•:•::: • 4mni lileaft.. 4l1,\�� •11 .`�"11. '11II1/'', _/I` , �MN �'j��yX R ►n' ' �� I�� /�'' EVERGREEN SHRUB ili �411�'' c''i� : I'�� 11.%"`,'I" .r MASSING 3' TO 4' HEIGHT t �'„'1�....... '1�,.4 r TRANSFORMER ,l't%ii,l 1` 10 *q\••fR "(/., ,r'- ��N%, "n`�; '' 3' MULCH WITH 0IF:r- ti % ,. A,c? ;/0 ,ill ' iII T SOIL SEPERATOR 1 ./iii►O �iy M i /,tr' EVERGREEN SHRUB MASS 3' TO 4' HEIGHT Wi 11J1 ill Lill I.11 IL, I II. I El Ili A1111L.L. 11111 OVARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS 40 BRICK ROWLOCK 8' 8 AS REQ'D. 8' ME FF� it %% S ��I BRICK = WA A // ///// MNe re re � r> > FINISHED GRADE rAmp CONC. SLAB m PsirA T //% WI W.W.F. OS// !m or1 ce F.: I 8' CMU MN 4I v1 HIGHEST POINT :Illiiiiiim BLACK VINYL COATED CONC. FOOTING &o+ . G o 0 CHAIN LINK FENCE GATE W/ REINFORCING P. ., / W/BLACK VINYL SLATS ;��ii f TO MATCH WALL H.T. f L a� .fG DUMPSTER ENCLOSURE PLAN WALL SECTION UDUMPSTER ENCLOSURE NO SCALE 41 DECIDUOUS TREE, MINIMUM SIZE AT INSTALLATION 2 1/2' - 3' CALIPER, 12' - 14' HEIGHT EVERGREEN SHRUBS MINIMUM I-WIGHT 4411 4 EVERGREEN TREE ANVMUM HEtOTT AT INSTALLATION 2'-3',WITH i AT In1STALLATION 4'- 5' WITH ULTIMATE HEIGHT OF 10'AT MATURITY � - ULTIMATE HEK}HT OF 30'AT MATURITY 41-11\6„ $ ‘Oiry%Al sigleliL•ir 00:414%) PROPERTY LIM OF 3:1 MAX.SEEDED SLOPE RESIDENTIAL ZONE 10 MIN. L IO'MIN. /- 75'SET BACK ZONE NOTE:PLATTING SHALL PROVIDE A CONTINUOUS VISUAL BUFFER IN A SERPENTINE PATTERN 0 SCREENING ADJACENT TO RESIDENTIAL ZONES 42 SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) EVERGREEN SHRUB /,�1' MASSING TO CURB It r .,:.W.," k_.;%.r. iyb I a. ../ . .:.:1,, iiii 1;07_Ai'11 0 410 r1.4, .40 '• lies ,..,...., b. 41t SoPAI• Agleo°'- 4.0: Vii" v4igi •••,,--1. CA I In.\ ,_ . .., ,....,, Li,,,,u, 110\ ... 4,ii,_ itvg, I Ve il ,k,.-,,,,,IF viii*-0 . ,.. ( "IV ..ek d rw,,,..._ __.,4 k,lit..1 g!?tai \ ,/443‘ i 111;4F .4110 teetv lifir.....14,0 al& - Afq,F4IFIS, !it:" Aer ,Ist, ,,,,,.. . ,,,,,,,,, J., i 4 elik7e.A.7 lit 1,gi, 1\ ........ ukip?.117 l'ilOrtN 0,, /,,. li , 4,p • v.Z1 PAIII( '‘..1 • .411. 4g......- k,leo.t1,1 .4 v.;,-.101111/4, - ,u;r. ip 4 0. - 4�_ 4*• CONTINUOUS 24' HEIGHT MEDIAN EVERGREEN EVERGREEN HEDGE SHRUB MASSING - Note: The drawings above are at a conceptual level to indicate the design intent. The landscape architect shall respond to all required City of Virginia Beach visibility triangles for intersections. 0 TYPICAL BUILDING ENTRY DRIVES 43 v v r j_"`La•%-O. ram,•-'-s.: ' .. - •~'r • .r •! :Matt▪i:: ! ▪ • ri '!!>L ��,Y tigi' % • :fi'•;jii;'S:!e �'yY;i'.._i. • •i z:• I:M�r1.• 1111 III • .7fit.:' '06410.4 �4�r :;--• •-• M i , i.. i;jk i1't ' •= ■ ■ ■ /N� f..Y....„.....,....*..,?.....,:..iV;:v;:,vzrziiiiiiii iwiioiaiiA.;_ AllPIMIIIIIIIIIIIII.__ ce �� 9�3..��it? W Ce .i ? f: ems' , F- :-• .-; v U IN U 1 ARTICLE IV SIGNAGE 4.01 BUILDING SIGNAGE DESIGN CRITERIA A. Background: The graphics system will serve to identify, inform and direct vehicular and pedestrian traffic in an aesthetically pleasing manner, in addition to efficiently and effectively moving the traffic throughout the complex. The implementation of a coordinated system is facilitated in the fact that Corporate Landing as a development is being constructed in a planned manner with other protective architectural controls. B. Building Identification: 1. General: The signage exhibits for the buildings within this criteria have been designed to address all building types and functions that will exist within the complex. The system has been designed to provide the following signage types: a. There may be one free-standing site sign for each complex or cluster of buildings within the LDO and the R&D districts, see (Exhibit P) . b. There may be tenant signs on the buildings, see (Exhibit Q) . c. There may be one individual site sign for each building within the MDO district, see (Exhibit 0) . d. There may be one individual site sign for the MXD and MXD2 districts, identifying the name of the MXD and MXD2 centers, see (Exhibit R) . 45 e. Lettering, unless otherwise approved by the VBDA, for all exterior building signage and exterior temporary signage shall be the lettering style optima medium, except for the park entry sign which shall be optima semi bold. C. Location: 1. General: The location of all signs shall be as recommended and approved by the VBDA. All site signs setbacks shall be in accordance with the City of Virginia Beach City Zoning Ordinance. D. Construction: 1. General: All signs shall be constructed and designed in accordance with the design criteria and in accordance with the sign exhibits. In addition, all signs shall comply with the City of Virginia Beach City Zoning Ordinance. E. Ancillary Signage: 1. All sign support structures and the rear of each sign face shall be painted DuPont Imrom Black or equivalent. All signage placed in the right-of-way shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) . However, "Jogging Trails", "Please Drive Slowly", etc. shall not be used in the right-of-way. 2. Regulatory Signs: Standard Department of Transportation (DOT) signs will be utilized, see (Exhibit T) . 3. Informational Signs: These signs, for example, "Jogging Trails", "Please Drive Slowly", etc. , will utilize similar materials in construction as described in Paragraph E. l, above. 46 F. Temporary Signage 1. General: No temporary signs will be permitted except as described below, see (Exhibit T) . a. Temporary construction signs shall be permitted during the construction of the permanent facility and shall be removed upon issuance of the certificate of occupancy by the City of Virginia Beach. All temporary signs shall be ground mounted. One project construction sign shall be permitted and shall be located parallel to the street and shall include only the following information: Building Name Developer Architect Landscape Architect Consulting Engineers General Contractor Major Tenants Lending Institution b. No subcontractor signs shall be permitted. The temporary construction sign outlined above shall be a minimum of ten (10) feet within the property line and adjacent to the construction trailer. No construction signs will be permitted off site. c. One real estate sign shall be permitted per building and shall be allowed for 6 months. Following this period, additional approval shall be obtained from the VBDA, see (Exhibit T) . 47 G. Plan Submittal and Approval Procedures: The VBDA will consider each site individually. All tenant signs on buildings, as shown in (Exhibit R) , shall be submitted with the construction documents for each building. Four (4) sets of plans of the proposed signage must be submitted to the VBDA prior to their submission to the City of Virginia Beach. Upon approval, one (1) set will be returned to the tenant/owner and three (3) sets will be retained by the VBDA. The plans should include the following: Sign elevation depicting proposed copy. - Site plan with location of proposed signage. - Shop drawings outlining construction details. Landscaping plan for area surrounding signage with lighting and any required berming. H. 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. I. Maintenance of all signs shall be required by all tenant/owners. Signs shall be kept cleaned and painted as required to maintain the state of quality that existed at the time of installation. 48 FRONT VIEW AREA FOR LOGO 1/4" X 11"H. .125 GAUGE AWMLNUM POLISHER ALUMINUM SIDE VIEW PRIMED AND PAINTED LEITERS 24:7UNII;D TO AS SPECIFIED. SIGN FACE - BOTH SIDES. 1� - 0' 1-1/2" X 1/4" SOLID Q . Q 6 10' - 6' Al POLISHED AIIA�QM7M \,\ I BAND r VNI'ID ZO SIGN - ____�- FACE. TYPICAL At-- BOTH S1urS. —4 CORPORATE LANDiNG . �'- TYP. . . 60 M • A PLANNED, CORPORATE COMMUNITY N a 1/4" X 5"H. POLISHED ALUMINUM / �'` N LETTERS MOUNTED TO FACE OF BASE. OONCREZ� BASE ;o POSITION AS SHOWN BOTH SIDES. ' FINISFE;D GRAD 4 5 0 '' FOOTINGS AS. REQUIRED 16' - 0' 0 PARK ENTRY SIGN 49 NOTE: CENTER PIECE SHALL BE PAINTED AN INDIVIDUAL FRONT VIEW COLORTO CEN .ER COORDINATE PIECE SIDE VIEW WITH LEO, NIDO, 3' - 6' BE 1/2" R&D, AND MXD AREA LOGO FOR '16' 2'- 6' E PSTTL AREAS OF THE I Q` C PARK. PRIMEDit— —7-14c1e4r AND 1/4" X 5-1/2" \ — / PAINTED. — TOP VIEW POLISHED c ALUMINUM 1" X _ --� LETTERS MOUNTED TO =4 /1/4" , SIGN FACE. CORPORATE SOLID 3"H LEPIER.S LANDING' POLISHED A GRAPHIC CUT 2411-2578 - b BAND AND SPRAYED OR PERIMETER N - MOUNTED0SIGN SI HZ�S PARKWAY O FA sIC�J «� IN _�� FACE.— -,.— 25 POSITIONED AS , . '+ •1GAUGE I SHOWN. c ALUMINUM - _ PRIMED .. alir FINISHED GRADE - AND _ PAINTED. FOOTINGS AS REQUIRED INDIVIDUAL BUILDING SIGN © EXAMPLE OF FREESTANDING SIGN TO IDENTIFY INDIVIDUAL BUILDING WITHIN MDO AREA 50 NOTE: CENTER PIECE FRONT VIEW SHALL BE AREA FOR SIDE VIEW PAINTED AN LOGO INDIVIDUAL 4' - 8' COLOR TO 1' - o' COORDINATE 8' 3' - 4' 8' tEIRDI wrrli LDO, 1/4" X 7"H t ITYP:f MDO, R&D, POLISHED —Nt7._1%. ! AND MXD J LEIFERS 135 eo CEN7E2 PIECE AREAS OF THE ——'1 i ___, �/ — 7 TO BE 1/2" - --- PARK. SIGN FACE.MOUNTED STk_ . PLATE ",' PRIMED AND TOP VIEW \..___ __J ;_ PAINTED. ._.. 4"H LEI ER.S CORPORATE - - 1" X 1/4" _ GRAPHIC CUT SOLID AND SPRAYED LANDING POLISHED OR ALUMINUM o •• �HIG� (2411-4829 o BAND MOUNTED IlliMmPAINT DAM NECK SH0 ROAD .125 GAUGE f I 1 AI LR�IUNI //// I t. PRIMEDT*Tfl f PAINTED. b • FINISHED GRADE- N i \ \ FOOTINGS AS REQUIRED BUILDING CLUSTER SIGN P EXAMPLE OF FREESTANDING SIGN TO IDENTIFY A CLUSTER,OF TWO OR MORE BUILDINGS WITHIN LDO AND R&D AREAS 51 M U, 1 1a 0 @ N ,Ll - ,b t R t Rcaa' > $ aca_ r o ° as 0 g S > O 1, , _ j �� r 0 ti 04 1 \ F-r' 5 0.• .1 nt 44 ce< r� P� cn LIn cv fflg / I- 3- / •del .0 - ,9 z - ,9 t ,S - ,L ,9 - ,£ VI- ,0 - ,Z/ 5 rc 'I. .R �' y } I � I- 1,, Z /,,r E N LL, W°� I- z Z U F- m - W A z d Z Q CO Z Z O Z 0 en CDw T1 C_ Q O tc u+ ---ram J �0 Y o I. ( . >< < a x lu'§ @ I ., 0 44 t` U • Q ao XE 04 wz cc u Ce a4 ; g r4 s haw \� 2 --: � � � � � 14 w st in 6H OW >- N It-n-i 0_ Z lit tli a :,. ° - �'> C � 0 __- .., • ui a z. v�i 6:'ti� 1 >LiJ a Z W W W . ��.. W ry 4liiili - r i > I' .0 -,L .. 5: 5I-- ' ® 91 0 O of w • �, Q 4 �� I , i U3 1;i1 -- 0 z _ W ti fn 2 Cr, LL � E. g x w-++ �j 'JJiiJ Lu z u) D =in =g - Ei 3OOD •VA bad .0 ,L, •ii_...... (W :., �' HLi) : ' z , i.7..sal:,,,L,„:',.::64. V im p, cn —. R 1M-,,, E4 H S W iiii a ...,,,,,,,v;- 0 U W On 8 ,, g • H I NOTE: FRS AND BACK OF PLYWOOD SIGN FACE AND WOOD a'-o' SLATS TO BE PAINTED, AS t APPROVED. ALL GRAPHICS AND LEITERS TO BE WHITE. --"►.— "— 4'TYP. BUILDING NAME �, — 3/4" TREATED PLYWOOD -- LOGO, ETC. F.3I;N; of / DOPY AREA L 4'-o'MAX. NI If DEVELOPERS -I 0 b NAME, LOGO, ETC. ARCHITECT 2 1 REALTORS NAME Ef LANDSCAPE ARCHITECT 5 b LOGO, ETC CONSULTING ENGINEER ' GENERAL CONTRACTOR MAJOR TENANTS EE 10 1FINANCIAL INSTITUTION L -\ 4'TYP. H C—r-; F-x--i I I tII L_/r li I 1... _... J . I I �. `-_a... . I I .— I I t...l-- / 4" X 4" TREATED WOOD POST. 4" TREATED WOOD SLATS FOOTING AS REQUIRED - TYPICAL EQUALLY SPACED TO GROUND TEMPORARY SIGN REALTOR SIGN 0 TEMPORARY AND REALTOR SIGN 55 ARTICLE V: THE BUILDING 5. 01 APPLICABLE CODES A. Construction of all facilities within Corporate Landing are governed by the City of Virginia Beach Zoning Code and the State of Virginia Statewide Building Code, latest ammended edition. 5.02 BUILDING DESIGN CONCEPT A. Corporate Landing offers the highest quality of design and creativity in the park's building construction. In order to insure the development of a harmonious corporate environment, the following design parameters have been established. B. The General Building Concept is to build one story to multi-story buildings, set in a landscaped environment that maintains an aesthetic continuity throughout the park. Each designer is encouraged to express individuality and creativity while blending his or her design into the sites surrounding context. The general design context should reflect a high quality, modern corporate image. Colonial or historical designs shall not be permitted. All designs are subject to the VBDA's approval. It is intended that the basic harmony of the park's architecture shall prevail so that no building shall detract from the attractiveness of the overall environment. 5.03 EXTERIOR MATERIALS AND TREATMENT A. Exterior building materials shall be of types that are durable and permanent in quality and appearance. Exterior finishes should require little or no maintenance. Wood and metal siding is prohibited. Recommended architectural materials are glass, granite, pre-cast concrete, and brick. 56 B. Glazing shall be the type to prevent vision from the exterior to the inside during daylight hours, i.e. reflective glazing or black glazing. C. Sealant shall match mortar color. D. All roof top or grade mounted equipment shall be painted black and screened with a permanent material such as masonry or equal. E. Exposed louvers, similar metal panels inserts, or penthouse enclosures are to be painted to match the masonry color or predominant metal color on the building. F. Exposed handrails shall be painted to match the predominant metal on the building unless an exception is given for high quality finished metals, such as polished bronze or stainless steel. G. Roof ballast shall be a standard James River Stone tan in color. 5.04 COLOR OF MATERIALS A. Colors, materials, and finishes are to be coordinated in a consistent manner on all elevations. B. In order to maintain aesthetic continuity within the park, bright overall colors shall not be permitted. However, bright colors can be used for accents, such as entry doors, or trim and shall be as approved by the VBDA. 57 5. 05 BUILDING HEIGHTS A. The building height limitation shall be as indicated under Article 1.02, items 1 through 5. 5.06 SCREENING AND LOCATION OF EQUIPMENT A. Dumpsters shall be located on grade at the rear of the building whenever possible. All dumpsters shall be screened by a brick wall or other masonry materials approved by the VBDA, see (Exhibit J) . B. All mechanical equipment, grade mounted or roof mounted, shall be enclosed or screened by opaque glass, metal or masonry, so as to be an integral part of the Architectural design and not visible from adjacent streets. 58 ARTICLE VI: REVIEW OF PLANS BY VIRGINIA BEACH DEVELOPMENT AUTHORITY 6.01 INTRODUCTION A. Corporate Landing is governed by a series of recorded covenants which are available upon request by any developer or owner interested in Corporate Landing. These covenants and restrictions are in place to insure the proper and most appropriate development of the business park through the implementation of uniform standards. Furthermore, all pertinent requirements of public agencies shall be followed in the development of this property and all plans for development of a specific site shall be approved by the VBDA and approved by the City of Virginia Beach and public agencies having jurisdiction. B. The requirements contained in this criteria have been based on reliable sources; however, we do not preclude the potential of later modifications. Each buyer shall be responsible for verification of all code requirements at the time of purchase and development. C. The maintenance of Corporate Landing will be handled by a separate Association specifically designed to insure proper care of the common areas, including landscaping, lighting and signage. 59 6. 02 PROCEDURES A. Prior to commencement of the development of any project design, the project owner and the design professionals are required to participate in an introduction to Corporate Landing Master Plan Concept. This introduction will consist of a presentation on the development concept, as presented by the VBDA's design representative. Such meetings will be arranged by the park developer at the building developer's request. B. Prior to the commencement of any site improvements such as construction or alteration of buildings, fence enclosures, paving, grading, drainage, or any other permanent improvements on any site, the Owner, leasee or occupant of any site shall first submit Plans and Specifications for such improvements to the VBDA for its written approval and approval by the City of Virginia Beach. At that time an application fee will be required by the Applicant. 6.03 REVIEW OF SUBMITTAL REQUIREMENTS Four complete sets of plans shall be submitted for each review. Four (4) sets shall be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: A. Schematic Design B. Construction Documents 60 6.03. 1 Approved construction documents by the City of Virginia Beach with any City comments shall be submitted to the VBDA for approval at the construction document submittal stage. A. AT SCHEMATIC/PRELIMINARY REVIEW, THE FOLLOWING MATERIAL SHALL BE SUBMITTED: 1. SITE PLAN - Scale: 1" = 40'-0" Minimum a. Site plan and site coverage ratio: building and paving b. Building location, overall dimensions, height, finish floor elevations c. Setback lines d. Site circulation e. Site signage location f. Preliminary grading plan indicating drainage patterns. g. Connections to existing utility lines h. Landscaping: preliminary landscape plan i. Amount and location of employee and guest parking j . Location of trash collection area k. Location of walks, and drives 1. Loading areas m. Site lighting n. Signage 2. BUILDING DESIGN - Scale: 1/8" = 1' -0" a. Floor plans b. Elevations, in color or with color samples. Scale 1/8" = 1'0" c. Perspective rendering desirable 61 • d. Building materials specification list e. Location and size of all exterior mechanical and electrical equipment both at grade and on the roof. f. Preliminary review shall be concerned with building materials, colors and finishes, architectural treatment and rooflines. B. CONSTRUCTION DOCUMENT REVIEW: 1. a. Elevations in color with samples of exterior materials as specified in the contract documents. b. City of Virginia Beach approved architectural, engineering, and landscape architectural working drawings and specifications. c. Approval of plans must be given by the VBDA prior to commencement of any construction. 2 . LANDSCAPE DESIGN - Minimum scale: 1" = 25' . a. General location, types and sizes of trees, shrubs and ground covers b. Extent of seeding and/or sodding c. Extent of clearing d. Existing trees and wooded areas e. Areas to be irrigated f. Location of trash collection area g. Proposed walks, steps and retaining walls h. Building entrances and plazas i. Location of major signage j . Landscape cost estimate as required under 3 .01 item C-12. 62 6.04 BASIS OF APPROVAL A. Review and approval will be based on standards set forth in the Declaration and the Design Criteria. Plans will be reviewed not only for the quality of the specific proposal, but also the project's effect and impact on its neighbors and on the general park character. Evaluation will be made of spatial relationships among and between buildings and other surrounding elements. Careful concern will be given to location and treatment of utility and service facilities with the intent of minimizing detrimental visual and environmental impact. B. Site ingress and egress shall be reviewed for efficient flow of traffic within the site and on abutting streets. C. If plans and specifications are not sufficiently complete or are otherwise inadequate, the VBDA shall reject them as being inadequate. Approval of design will be good for a one (1) year period, after which time, if construction has not started the building developer will be required to resubmit. D. After approval of the contract documents by the VBDA, any change in exterior materials or exterior colors during construction, shall be approved by the VBDA prior to ordering of materials. 6.05 REVIEW COMMITTEE A. Committee shall be composed of the VBDA's Industrial Parks Committee. The Industrial Parks Committee shall be entitled to approve minor variations to those portions of the Design Criteria not encompassed by the zoning proffers of record affecting the property. 63 B. The Parks Committee shall receive comments and recommendations as to whether the Plans submitted should be approved or rejected from staff members and the Authority's consultants who are knowledgeable in the fields of architecture, engineering and landscape architecture. C. When questions of judgement or interpretation arise, the decision of the VBDA is final and binding on all parties. - D. Any revisions, additions, or alterations to any portion of approved plans shall be subject to review and approval. E. Neither Corporate Landing or the VBDA or its successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any owner or occupant of land affected by this Declaration, by reason of mistaken judgement, negligence or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve any such plans. Every person, corporation, partnership, or organization who submits plans to the VBDA or Declarant for approval agrees, by the submission of such plans, and every owner or occupant of any of the property agrees by acquiring title thereto or an interest therein, that he, she or it will not bring any action, proceeding or suit against the VBDA or Declarant to recover any such damages. 6. 06 REVIEW TIME A. 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. 64 • 6. 07 PUBLIC APPROVALS A. All pertinent requirements of public agencies shall be followed in the development of this property. Plans shall be submitted concurrently both to the City of Virginia Beach and to the VBDA. Each buyer must verify code requirements at the time of purchase and development. 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. DESIGN CRITERIA AUTHORED BY: CMSS ARCHITECTS CREDIT GIVEN TO THE FOLLOWING FOR REVIEW AND ASSISTANCE IN PREPARATION OF THIS DESIGN CRITERIA: LANGLEY AND McDONALD VIRGINIA BEACH DEVELOPMENT AUTHORITY DEPARTMENT OF ECONOMIC DEVELOPMENT *Reproduction of the material herein or substantial quotation of its provisions without written permission of CMSS Architects violates the copyright laws of the United States and will be subject to legal prosecution. 65 CORPORATE LANDING DESIGN CRITERIA NH Virginia Beach,Virginia CMSS Project No. 93-000.46 ARCHITECTS • - ADDENDUM #2 AUGUST 18, 1998 1. Page 13, Exhibit C: delete and replace with Exhibit C(see the end of this addendum for Exhibit C). 2. Page 15, item 2.02 A: delete entire line which begins"Maximum floor area ratio..." and delete item 1. 3. Page 20, item 2.09 A, delete in its entirety and replace with the following: All loading docks that are visible from the lake area, adjoining properties, street right-of-ways, or from within the park shall be screened with a 10' high screen wall that matches the materials used on the building. The appearance of the wall shall then be softened in its entirety with large evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 3' on center. Minimum height of evergreen trees at installation shall be 6' to 8' with spacing not to exceed 8' on center. The extent of the screen wall and landscaping shall be subject to VBDA approval (see Exhibit I), 4. Page 20, item 2.11 A, delete "other than for required screening of trash or equipment," 5. Page 21,item 2.11 C,delete"Eight(8) feet"and replace with Ten(10) feet. 6. Page 21, item 2.12 A,"Refuse Facilities"delete in its entirety. 7. Page 21, item 2.13 A, add the following statement at the end of the paragraph "If placed at grade outside the building such devices shall be screened in accordance with Section 3.01 C-11." • 8. Page 22, item 2.13 B, delete in its entirety and replace with the following: All site utilities such as transformers, meters, 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 Exhibit 1). 9. Page 22, item 2.15 A, delete "Exhibit B for location and Exhibit F for construction" and replace with "Exhibit F and the Jogging Trail Master Plan (Exhibit F1). A full size drawing of the Jogging Trail Master Plan is available from the VBDA showing layout and design intent." Prepared by CMSS Archilecis,P.C. Page I of 12 F.•193 JOBS193000193000.461Addendnin(2)6-l7-98.doe 10. Pages 24, 25, and 26, delete item 3.01 C "General requirements of new plantings", 1-21 in their entirety and replace with the following: General Requirements for new Plantings: 1. All shade trees along pedestrian walkways and in parking lots shall have a minimum branching height of 6'-8' above finished grade. 2. Where shrubs or ground covers are used, "massing" is required. Extensive varieties of plans within the planting bed is • discouraged. Spacing of low shrubs shall not exceed 3'on center and ground cover shall not exceed 12" on center. 3. Sod rather than seeding is required within 50' of all buildings; all adjoining roads shall have sod along the entire property line from the road edge to the parking lot edge. The minimum width of sod along road edges where there is no parking lot shall be 30'. All other lawn areas not receiving sod may be seeded as approved by the VBDA. 4. Flowering trees shall be the size indicated on the landscape planting list,(see Exhibit D). 5. Shade trees shall be the size indicated on the landscape planting list, (see Exhibit D) except for parking lots and required residential buffer berms which shall be a minimum caliper of 2 %2-3 inches. 6. There shall be one shade tree per ten (10) parking spaces with a minimum ground area of 8' x 17' within the parking field and in adjoining curbed planting areas. Only one tree may be provided for each 9' x 18' island in a parking lot. Minimum spacing between trees in parking lot islands shall be 25'-0" unless otherwise approved by the VBDA. 7. A continuous evergreen screening hedge shall be required along any side of a parking lot that abuts the right-of-way of any street or the lake. Where parking lots are visible from any street, the minimum height of the screening hedge at installation shall be 30" minimum planted 3' on center. Berming a minimum height of 3' with approved planting may be substituted to the hedge (see Exhibit G). Where parking lots are visible from the lake, the minimum height of the screening hedge at installation shall be 4' to 5'planted 3' on center. 8. The attached plant list shall dictate varieties to be used unless otherwise approved by the VBDA. Minimum size of plants at installation shall be as defined on the Planting List unless otherwise indicated (see Exhibit D). 9. All site entry drives shall be well landscaped with a combination of evergreen shrubs, flowering shrubs, deciduous shade trees, flowering trees,and flower beds. (see Exhibit L). • n______��_.ninn •__._e.__._ n 1. .. .._ ...... . .. ._. .- .... 10. Grade mounted mechanical equipment such as cooling towers and air-handling equipment shall be screened in their entirety with a screen wall that matches the materials used on the building. The height of the wall shall be 1' higher than the site utility. The appearance of the wall shall then be softened in its entirety with large evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 4' on center. Minimum height of evergreen trees shall be 6' to 8'with spacing not to exceed 8'on center. • 11. All site utilities such as transformers, meters, 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 Exhibit I). 12. All dumpsters shall be screened on three sides with a brick screen wall. Screen wall gate is required and shall be black vinyl coated chain link fence with black vinyl slats. Gate height to match that of screen wall. Color of wall brick shall match building brick or as approved by the VBDA (see Exhibit J).The appearance of the wall shall then be softened in its entirety with large evergreen shrubs. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 3' on center. 13. For all buildings a minimum landscape budget shall be established according to the following chart. The budget shall be established by multiplying the gross building square footage times the cost per square foot. The landscape budget shall be limited to the following items: seeding,sod,irrigation,plant materials,and fine grading for seed and sod areas. The contractor shall submit a detailed landscape cost estimate to the VBDA with the submittal of the construction documents. Gross Bldg. S.F. Cost/S.F. Gross Bldg. S.F. Cost/S.F. 30,000 &under 2.40 110,000 1.92 40,000 2.34 1.20,000 1.86 50,000 2.28 130,000 1.80 60,000 2.22 . 140,000 1.74 70,000 2.16 150,000 1.68 80,000 2.10 160,000 1.62 90,000 2.04 170,000 1.56 100,000 1.98 180,000&over 1.50 Note: For building square footage in-between stated gross building square footage, interpolate accordingly to the nearest 1,000 square feet of building to determine the landscape budget. 14. All planting bed areas shall be covered with a 3-inch layer of shredded hardwood mulch. ., r_.1.1•nn ..__• .. „... r_.n. r�nron.nmm�.nr.n •e.r.••_._.e ie •ono i.... • 15. All plant material, topsoil, mulch, fertilizers, etc. shall be subject to the VBDA's approval. Rejected materials shall be removed from the site immediately. 16. Location of underground utilities shall be determined prior to start of work to avoid damage to utilities. 17. All planting operations shall be under the supervision of an experienced plantsman. 18. All plans shall be prepared and sealed by a Virginia certified or registered landscape architect. 19. All plants shall be nursery grown and shall be in accordance with the most recent edition of the "American Standard for Nursery Stock." Spaded trees shall be accepted if approved by the VBDA. 20. Shade trees (3 'Y2" to 4" caliper, 14' to 16' in height) shall be placed 2'-0" off the street right-of-way in a straight line along all roadways which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abuts the roadway. If applicable, existing street trees on adjoining properties shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. The variety of shade trees shall be as approved by the VBDA. See Streetscape plan which shall be provided upon request by the VBDA. 21. Shade trees and/or flowering trees shall be provided in front of the buildings as approved by the VBDA. 22. The developer of each site that is adjacent to the lake shall provide typical lake edge landscaping as defined in Exhibit E. 23. The developer of each site that is adjacent to a residential neighborhood shall provide screening as defined in Exhibit K and as approved by the VBDA. 24. In addition to the above requirements, all landscaping shall comply with the City of Virginia Beach landscape requirements. If any discrepancy exists between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. 11. Page 27, item 3.03 A4, delete "cool white mercury vapor lamps" and replace with "metal halide." 12. Page 27, item 3.03 A 6, delete"required" and replace with"encouraged." • 13. Page 36, Exhibit E, delete the words: "Stone Edge as approved by the VBDA." Prepared by CMSS Architects.P.C. a, / rl, r•inz rnacintnmm0,nnn JAI d.LL....6....rn A 17 AD.r..,. 14. Page 37, Exhibit F, delete "concrete at road crossing" and replace with, "Stamped concrete to match existing at road crossing." 15. Page 37, Exhibit F, delete the graphic section and replace with the following, "NOTE: For jogging trail layout, see the Jogging Trail Master Plan(Exhibit F1). A full size plan shall be provided upon request from the VBDA." 16. Page 38, Exhibit G, in the diagram of the parking lot adjacent to the road right-of-way, delete the note: "24" — 30" in height evergreen planting" and replace with"Evergreen planting 30" minimum height." And in the diagram of the parking lot adjacent to lake edge, delete "landscape buffer 4' to 5' in height" and replace with, "Landscape buffer planting 4'—5' in height, 3'on center." 17. Page 40, delete Exhibit I and replace with Exhibit I at the end of this addendum. 18. Page 42, Exhibit K, in the note that begins "Evergreen shrubs on top of the berm",delete"2'—3"'and replace with "2 '/2 '—3"' 19. Page 43, Exhibit L, delete"Continuous 24" height evergreen hedge" and replace with"continuous evergreen hedge 30" height spaced 3' on center at installation". • 20. Page 45, Part B,Building Identification:, delete parts a.—d. and replace the with following: a. For each building or cluster of buildings, there may be one (two-sided) free standing site sign with a maximum of thirty-two (32) square feet of surface area per side. Maximum height of free standing sign shall be eight (8) feet measured from the adjoining finish grade or top of berm. Height of berm and sign shall not exceed 10 feet. Information given on site sign shall be limited to company name, logo, and street address. Final design shall be as approved by the VBDA. Menu board type signs shall not be permitted. b. There may be tenant signs on the buildings, see Exhibits Q and Q1. Exhibit Q is for a single story multiple tenant building and the maximum height of letters shall be 12" and copy area shall not exceed 15 square feet. Exhibit Q 1 is for a single tenant for a single building (see the end of this addendum for Exhibit Q1). Building mounted signs shall comply with the following chart: Prevared by CMSS Architects.P.C. Pnoe s nr 12 F-103_IIIRVL0 1nnnw lnfl JA1.1,1,ti.,,,1 121 L 17..QR,i,.. Building Maximum Building Mounted Ground Letter/Logo Height Maximum Height For Height Sign Mounted Sign For Bldg. Sign . Ground Mtd.Sign Up to 20' 1 @ 40 SF 1 @ 32+SF 2' Height 8' from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not • exceed 10' in height 20'-39' 1 @ 75 SF 1 @ 32+SF 3' Height 8' from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not exceed 10' in height 39' + 1 @ 105 SF I @ 32+SF 4' Height 8' from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not exceed 10' in height c. Individually fabricated, metal letters or non-worded corporate logos may be mounted to the building in the designated copy area. Plastic letters shall not be permitted. . d. The size, location on the façade, color and finish of the letters or logo shall be compatible with the building architecture. e. All graphics shall be pin-mounted plate and may be backlit or lit with a ground mounted light. Care shall be taken to conceal all conduits,raceways and transformers and they shall not be visible under any circumstances. f. Building height shall be measured from finish floor elevation to top of parapet or gravel stop. _ g. Building mounted numbered addresses shall be permitted. The numbered address shall be located near the primary entrance and positioned to ensure maximum visibility. The letter height shall not exceed 15". There shall be only one numbered address for each building except in the R & D section of the park. Street names on the building are not permitted. Numbered addresses shall not be backlit. In multi-tenant buildings where storefront entrances are used, sign information shall be limited to company name,company logo,and suite number. See Exhibit Q for more information. h. For sites in Corporate Landing which have under 100 LF of R.O.W. frontage a variance will need to be obtained from the Board of Zoning Appeals to allow for a ground mounted sign. n__-,.__a I...f•iucc 4...t,;ie,.l. P C Page 6 of 12 F:193-JOBS193000193000.46Uddend,un(2)6-17-98.doc • 21. Page 46, Article B, Building Identification, item "e" will now be item "c." 22. Page 50, 51, 53, 54: delete Exhibit 0, P, R, and S. 23. Page 57, item 5.03 A, Part B, delete in its entirety and replace with the.following: Glazing shall be reflective enough to prevent vision from the exterior to the inside during daylight hours. Reflective glazing shall have a shading coefficient of.20 to .30. 24. Page 58, delete item 5.06 in its entirety. 25. Page 60, item 6.02 B, delete the word "fence" from the third line of the paragraph and delete "and approval by the City of Virginia Beach. At that time an application fee will be required by the Applicant." 26. Page 60, item 6.03, delete "four", and replace with "three" and delete "Four(4) sets" and replace with "Three (3) sets" in the first and second sentences. 27. Page 61, item 6.03.1, delete the following: "Approved construction documents by the City of Virginia Beach with any City comments shall be submitted to the VBDA for approval at the construction document submittal stage." And replace with the following: "Final approved City of Virginia Beach site plan documents shall be submitted to the VBDA before construction begins." 28. Page 61, item 6.03.1 A-2, delete "scale: 1/8"= I'-0" from the title. 29. Page 61, item 6.03.1 A-2,part a. shall read as follows: "Floor Plans: (1/8"= 1'-0"). 30. Page 62, item 6.03.1 A-2, part b. shall read as follows: "Elevations: (1/8" = I'-0" or 1/16" = I'-0") in color and a color sample board of all exterior building materials and finishes." 31. Page 62, 6.03.1 A-2, part e, add the following at the end of the sentence: "All equipment on the roof shall be shown on the building elevation with proposed, screening." 32. Page 62, item 6.03.1 B, delete the following: "Construction Document Review" and replace with the following: "CONSTRUCTION DOCUMENTS FOR FINAL REVIEW." P..,.,,..ad 6o rucc.4rchiiecis.P.C. Page 7 412 F:193-JOBS193000193000.461AWdendn",(2)6-17-98.doc 33. Page 62, item 6.03.1 B la, delete in its entirety and replace with the following: "Completed construction drawings indicating all exterior finishes, colors and proposed screening of roof top equipment. Actual size of equipment shall be indicated behind screen. The previously submitted colored elevations and the exterior building material sample board which were submitted for preliminary review shall be resubmitted again with the construction drawings. 34. Page 62,delete item 6.03.1B lb, in its entirety. Item 6.03 1 B lc shall then be changed to read 6.03 l B lb. 35. Page 62, item 6.03.01 B 2: f. delete, "Location of trash collection area" and replace with "Dumpster enclosure." j. delete"item C-12". And,add the following items: k. site utilities both above and below grade and any easements associated with them. 1. site lighting 36. Page 63, item 6.05 A,delete the first sentence in its entirety and replace with the following: "Committee shall be composed of the VBDA's Department of Economic Development and the VBDA's architectural, engineering, and landscape architectural consultants, which herein afterward shall be referred to as"the Staff." . 37. Page 63, item 6.05 A, in the second sentence delete"Industrial Parks Committee" and replace with "Staff." 38. Page 64, item 6.05 B, delete the entire sentence and replace with "The VBDA shall receive comments and recommendations from the Staff as to whether the plans submitted should be approved or rejected." . 39. Page 65, item 6.07 A, delete entire paragraph and replace with the following: "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." . 42. Page 65, item 6.07, add the following: 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. Prepared by CMSS ArcJ,ileca P.C. Puce 8 of 12 F•191-JOBS193000193000.J61 Addenduu,(21 6./7-9R dnr EXHIBIT C MASTER LAND-USE PLAN Prepared by CUSS Architects.P.C. Pare 9 of 12 F:193408S193000193000.461A ddendion(216-17-98.doc • • . ♦ ♦ • ♦:MXD ♦: AG- 1 BAN U 5 E `♦♦♦• .•. •�` . . . • . . ♦ ♦ . . ♦ • •` ♦ ♦ • . ♦ ♦ . ♦ ♦ MEDIUM DENSITY OFFICE ♦�♦ MDO ZONED I- 1 ,'.',',• ••• •• ••• 46,E♦'♦i♦♦♦♦�• �\♦iiiii♦♦♦♦Si ••_ is ••♦'•♦•♦♦♦'♦♦♦♦♦♦♦♦;ii♦`,``i♦.♦ii♦♦♦♦'' �••••• R D RESEARCH 4 DEVELOPMENT •• 4 ••• ♦♦♦♦♦ ♦♦♦i♦♦' !.!•!. ZONED I- 1 '♦'♦'•'♦'♦ ♦♦♦♦♦♦ ♦♦♦♦♦♦♦ • .'r'i'i♦i�A �'"N. ♦♦♦♦i0♦i♦i MOO ♦i AG- 1 * ♦ MIXED U5E DEVELOPMENT �♦♦♦♦♦ �♦♦♦♦♦♦♦ a ♦♦ •'•'.•♦ MXD •♦♦♦♦♦ ♦♦ • ♦�.' ♦♦♦♦♦� . . ZONED I- 1 ►♦♦♦♦♦ ��i♦ ♦� ♦♦♦♦�♦♦\ o • • MXD2 MIXED USE DEVELOPMENT ►♦♦♦♦♦ ��♦♦♦♦♦♦' ♦♦♦♦♦♦♦%�C' �M.M.A.� ♦♦♦♦♦♦♦♦♦♦S. ♦�♦♦♦♦♦♦• ♦♦♦♦♦♦♦� �. 'AYAYAYa ZONED B-2 ►♦♦♦♦♦•� ��♦♦♦iiA V.♦♦♦♦♦♦, \o� ►♦♦♦♦♦1 ♦♦♦♦♦♦♦ ►i♦♦i♦♦ FOUNTAIN PARK �♦i♦♦j♦♦♦♦� i ♦♦♦♦♦♦� ‘ -.♦♦♦♦ ♦♦♦♦ I♦♦♦♦♦♦♦♦♦♦♦ice p ARK Ay ♦ • 01 1 �i♦♦♦i♦.i •♦i♦♦♦♦♦♦♦♦j� .�:•:•:•••••••••:•:❖:•; \. insvrllmmrmillm•m•NmwAG- 1 �i •♦♦i♦♦♦i ►�i♦♦♦♦♦ii. ��•�•�•�•� •�•I•••�•i '► ► ♦♦♦ '♦♦♦♦♦. •••••••••• R D �•••�•�••• �i•‘ 600'400' 200' 0' 400' 600' 1600' • ►♦♦♦• ♦♦♦♦♦ ••••• • • • • • • • • • '' ♦♦♦ ♦♦♦♦♦� • • • • • • • • • "W • • • • ►♦♦♦♦�♦♦♦��- •• • • • • • • • • • • • • f . ❖..� -� ► ►♦♦ ♦♦♦4 • • • • •- •�O•� � ♦ MDO ♦♦�y• • • • 4 ••••••••• ••••• •r I♦♦♦ ^ ♦♦♦♦♦, l�•�•�•�f • • • R$ D %we •'♦♦♦i♦♦� .♦♦♦♦♦'N►•••••••• • •••,�♦♦♦i♦,• ♦�♦♦♦♦♦♦i�4 4•••••••••. • • • • fr i i•i• 4114A ♦�i ►♦♦♦♦i♦♦ii♦1 ,•i i i i i • • • • liii♦ ♦i♦♦i� • • • • • 1 ••••••••• '♦ •♦1• ♦♦ ♦♦ .►••••••••••• FP- H2 v0•�•�•�•. ♦♦♦♦A... . ♦♦♦i♦♦♦♦♦♦4 iiiiiii B 2_ ♦♦♦ MDO ♦i♦♦♦ PR•R•R ,.A.A.A.A.A.A.A.A. 004* VALVAVAVAVAVAVAVA obthoc,.1011:AVA: •a. R 4. D •;•;t ---------- II ^ ao oA.A.A.AVA VA.A.AVAYA.AYA•A.oA.A.A.... AyA.AVA.A VAVAVAA YA.A.pA.pA.A.A.A.A.AVA A '�•••• • • •I•. •VAYAYA.AYA.A.A.A.i rAYA.A.AYAVA.A'VA.A.AYA.AYAYA. "••••••••••••••I 'AVA A• AVAVAVA AVAVA.AT • • • • • • • • •li•••••li••••�.•. i ( MXD2T ........ MXD2 "•...... ► • • • • • • • • �A�A A IA.A.A.A AYYVAVj ��11•0••��•�•�•O. A.A.AYAVAVATA.AVAA a.A.AVA.AYA.AYAVAYA.A.A.AVAV �•0•4•0•••••••••. AG- 2 AAVA AVA AY VAVAI "AWAY•&VAV YAVAY••••••i0 �....10 0�202020214 im...�._._._._._._ grore,a �V VA A._.A•A.A.A•4 ��,�s�=�m-.-.-•�.� GENERAL •gvAVAV AG-2 BOULEVARD • (c) VASTER ELAN LAND U5E/ ZONING EXHIBIT F 1 JOGGING TRIAL MASTER PLAN Prepared by CMSSArchiiecis,P.C. Page 10 of 12 F:193-JOBS193000193000.461Addendum(2)6-17-98.doc 101,1 1 I „ 5' WIDE ASPHALT • 1 \•\ - PATH (TYP) • -- ' �� 5' WIDE CONCRETE t PATH (TYP) t t ' % 4 it --------------_\ }-1---, • / i iii . r .4.„72..,,,.,,_;,__ ,_ 10 .---------- , / II 'GENERAL BOOTH ,,-----1- BOULEVARD 0' 250'500' 1000' 2000' 3000' till 1 1111111 F1 JOGGING TRAIL MASTER PLAN EXHIBIT I SCREENING FOR SITE UTILITIES AND LOADING AREAS • Prepared by CAMSSArchilecs.P.C. Page 11 of 12 F:193 JOBS193000193000.461Addradum(2)6-17-98.doc • • • • • r Il1 EVERGREEN TREES/ • SHRUBS AS REQUIRED - Aid 10' MIN. r'U' _ WALL „__- ,r_. ii, : •'.7 • tomir . . .... ,�a . . , a LOADING EVERGREEN SHRUB MASSING 4' TO 6' IN HEIGHT - AT INSTALLATION • . • - - • TRANSFORMER • - f• • • • • '. ..• .• , ♦ BLDG. ,,•• • • ••, %�:r'.v�f{{j .trin•N'hri'!;�';'�1 Y'v•.};.ter::. - - . f . :•„ .... I. •.. • I 1 .�r,`t�,'f�.r,',1s�4.'„'.�Sl•v}'.•+ • - ... ♦ .;,. • , - .• I 10' MIN. • • I . • •• ` �v ai �,� • - „:,.., ti'y.:}:{l?}i'1•f S•�a�::4•.„S�Jti iv�{F��:�l*.,,1 I`ry )et . . . 0 ' •▪ • �► -•' "AAA' ,ii'i , . TRANSFORMER EVERGREEN SHRUB • ' , • ��►F�li➢il j•i* ,- 3" MULCH WITH MASSING 3' TO 4' HEIGHT ��'•. . • •:• • : • ' SOIL SEPARATOR AT INSTALLATION • --- •• - • : • ' ' • • ' - .-' — EVERGREEN SHRUB MASS. 3' TO 4' HEIGHT AT INSTALLATION AS REQUIRED BY THE UTILITY CO. SCREENING FOR SITE UTILITIES AND LOADING AREAS I / . i�rr �i+r-err• I 1rwI i r r rn f n r� � � I�f� 1- lf7 T l ��f-IJAIAI Gi-rt CI CAACnITc, C.rr_ 7, t11 11-MA • • J • EXHIBIT Q1 SINGLE TENANT SIGN ON BUILDING • Prepared by CMSSArchlecis,P.C. Page 12 of 12 F:193-JOBS193000t93000.161Addendu,,,(2)6-17-93.doc • 1.Vr I PANC/l 011/1LL • • NOT EXCEED 105 SQ.FT. INCLUDING LOGO 11/ _ x i 1 -25% CLEAR MIN. �- -_- I _ I �- 50% COPY AREA MAX. �-- ��--25% CLEAR MIN. / . / • / / • THE ABOVE DRAWINGS 15 TO SERVE AS AN EXAMPLE TO ILLUSTRATE HOW A SINGLE TENANT NAME CAN BE PLACED ON THE BUILDING. THE TENANT SIGNAGE SYSTEMS SHALL ACCOMPANY THE SUBMITTAL OF THE CONSTRUCTION DOCUMENTS TO THE VBDA FOR APPROVAL. THIS WILL BE REQUIRED FOR EACH AND EVERY BUILDING. SINGLE TENANT ON BUILDING Q, SCALE: 1 /8 = 1 -0 5:t-t-s.,;i\o\ �� •.B22 N o00-/ a b, Rv1�5 �jr` 16'* oS � . ,0 ao �n a o .2- 0 6 0 o �R�7�:;5 v q DA o M I / ^ 4 "oq VS aR5;D ° a t3:\ oa��AVa•� ° 'AG1 .R1;5 �, /°�, Goy a 0�o R,15 '' o 6 a ' o '„ bDway''°0°,0 O. /, . . 5 y° ° 70 Q q p. a o`> . c3 ° o p ��,00 a 'a4; �/ c 61.p* �ti/4* CN d u o a o 0 Ne ' %O R,15 o• y ♦O o^; r . eQ O.\N ° d .41 / O 0 ° O ql' 1R�1`5 D o .a QR15 �0 oq` �°o r . .ate " 0 O O,\ • D C R15 , / 6 e o rI. s. o oo '* °�° -la o - \N R=154/AG=1 °c o f ( a od _ 4<, ii. / , 0..' F47itr Q • R11 0 o lef 'c'‘\ --/P. ,a, ' <5 /v S>Ili! G2� e v AG 1 /R15 � ao , *R-1-5' , ,,,,, , //.. . 401,, Po f1/4424.:4P4' $./ / -'7 • '01:1°-Pc - 4/-'i..7 1.?1/i R` 5R15 R15 R15 ,� W cR,15 a -_71( , ,., it" ci AG.2, T , ' .o o• Qo _ R15 a o ' d�n a . R15 AG2 . N-� \R15 d000 N Wakefield Development, LLC Site �' � ' c� Property Polygons 2328 & 2264 Salem Road S Zoning Building — m Feet 0 13570 540 810 1.080 1.350 1.620 Cir....."f0 ¢T ;T r�. �l �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAKEFIELD DEVELOPMENT, LLC [Applicant] MERLIN BEILER, TRUSTEE OF THE ELVA Y. BEILER TRUST & OF ELVA Y. BEILER LAND TRUST [Property Owner] Conditional Change of Zoning (R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District) for the properties located at 2328 & 2264 Salem Road (GPINs 1484163140, 1484058862). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 21, 2021 • Background: The applicant is seeking a conditional rezoning from R-15 Residential District and AG-1 Agricultural District to Conditional R-10 Residential District to develop a new 86 lot single-family dwelling on 40 acres with a resulting density of 2.14 units per acre. The site is currently developed with two existing single-family dwellings that will remain on the property and a large portion of undeveloped land. The proffered concept plan depicts two vehicular ingress/egress points along Salem Road, with a third ingress/egress limited for emergency vehicle use only. A left-turn lane into the new neighborhood is proposed along Salem Road. Throughout the development, eight-foot wide multi-use paths are proposed to provide pedestrian connections to Southcross Court and Lisban Road, as well as a five-foot sidewalk path within the cul-de-sac adjacent to Lisban Road. The concept plan also depicts two community parks, totaling 1 .86-acres, with walking trails, all of which will be maintained by the homeowners' association. The proffered building elevations depict exteriors or primarily brick masonry stone, fiber cement siding, and high-quality vinyl siding. • Considerations: In Staff's view and the Planning Commission concurs, the proposal is consistent with the Comprehensive Plan's vision for the Suburban Area. One of the guiding development principles of the Suburban Area focuses on the creation of "Great Neighborhoods." The prominence of residential land uses in the vicinity of the site, the proffered pedestrian connectivity, and the amount of open space proposed all contribute to meeting this goal. The resulting density is consistent with the other existing residential neighborhoods in the vicinity that are zoned R-15 and R-7.5. The proposed proffers assure a high level of predictability in terms of layout and quality of design and building materials. Finally, the stormwater strategy has been Wakefield Development, LLC Page 2 of 2 found to have the potential to successfully comply with the stormwater regulations for the site. Final design and detailed updates will be made during site plan submittal. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were two speakers in opposition at the Planning Commission public hearing, via Webex, who stated concerns regarding flooding impacts to adjacent property owners, exacerbation of existing drainage issues caused by developments adjacent to Newsome Farms, and hazards of excessive removal of trees. • Recommendation: On August 11, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Wakefield Development, LLC Agenda Item Property Owner Merlin Beiler, Trustee of the Elva Y. Beiler Trust & of Elva Y. Beiler Land Trust City r,I Public Hearing August 11, 2021(Deferred at the June 9,2021&July 14,2021 PC) 4 Virginia Beach City Council Election District Princess Anne Request Conditional Rezoning(R-15 Residential District&AG-1 Agricultural District to Conditional R-10 Residential District) ' `'144.- -w_ 0 _ I Staff Recommendation �` p .Ware Neck Drive _� Approval j\ 0 5`a"°oa * e ' Brannon Dove `.% * G. Staff Planner °w Marchelle Coleman :EoT q, J1,447TAz.1 ee Location 2328&2264 Salem Road ) `°'a° L.ndstown Road GPIN 1484163140, 1484058862 1.. Site Size /'a3 s 40.33 acres q°e, may- AICUZ Less than 65 dB DNL Watershed Southern Rivers c+w 'se: q'' Wpn Existing Land Use and Zoning District * .k 4 `� 1,,,,," ' �,x e `" - �. , - Single-family dwellings, undeveloped land/R- �a Yr ' �� Vie"'' �"4A(`'..'' '• r 15 Residential,AG-1 Agricultural \, `,. k ��► j4'� h +� 4 ' Surroundingvt-i Land Uses and ZoningDistricts4p m ;: North ! . ,•, �iw * r r +,4.'4..'_ + Single-family dwellings /R-7.5 Residential • ^`-' ..6", South r '�`eD + . Pd�j' - � r -. Single-family dwellings/R-15 Residential `x ;' �;, ;, H' f.,rr, .: East Ve � � W� ;' a ;`�,; 1 4k* ; v Church,outdoor recreational facility, e. �� ` ' . r ' • ,r l� v... J 4 , • ..'v'^. {, t 't undeveloped land/R-15 Residential, AG-1& -r �" ,...15,it.'• r ' x 4 5i AG-2 Agricultural, B-2 Community Business .ter, 'A"a, 44'..M +%� ' `o' • �' / . 5. t' ;- West • Hr 1 t . , .' � � �° 'i raw* A�} • rare' f Single-family dwellings, church/R-15 %1 �., ~~ , . _ „ Residential Wakefield Development, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone two parcels totaling just over 40 acres from R-15 Residential District and AG-1 Agricultural District to Conditional R-10 Residential District to develop a new 86 lot single-family community with a resulting density of 2.14 units per acre. • The over 40-acre site is located along Salem Road and is currently developed with two existing single-family dwellings and a large portion of undeveloped land. • As depicted on the conceptual layout plan, 86 lots will be developed with 84 new homes to be constructed.The two existing homes will remain and are depicted as such on the proffered conceptual site plan. • Two vehicular ingress/egress points for the new subdivision are proposed along Salem Road.The main entrance to the site includes an entrance feature with a monument-style sign and landscaped areas on each side of the entrance. • Eight-foot wide multi-use paths are proposed throughout the development to provide pedestrian connections to Southcross Court and Lisban Road. • The submitted conceptual site plan depicts open space areas to include two community parks,totaling 1.86-acres, that will be maintained by the Homeowner's Association, a stormwater pond and walking trials. • The proffered building elevations, depicted on pages 11 through 13 of this report,depict dwellings with exteriors of primarily brick masonry(stone),fiber cement(HardiPlank)siding, and high-quality vinyl siding. Zoning History 1-4 1 x� # Request 1 1 SVR(Section 4.4(b)of Subdivision Regulations) --. I,r i ,.N'. t ac, Approved 09/07/2016 2 CUP(Religious Use)Approved 07/10/2018 i;',`sy' c • ;_: y s • �� CUP(Religious Use)Approved 11/25/2014 r F `'_ft.j . ,, MOD(Religious Use)Approved 07 07 2009 t1''. • l g' PP / / r it a.;j/�� '-' • 3 CUP(Religious Use)Approved 05/12/2009 ;r "-`• =r,- '' `°a. / fr /� ac-t 4 MOD(Proffer 9)Approved 03/12/2013 v I PP t • _sr or of f MOD(Proffer 3&4)Approved 01/24/2012 R. ' _ 3 , �♦� R -` /// i CRZ(R-15&AG-1 to Conditional R-7.5)Approved °111.: / 'IMF j 11/25/2008 3'a. / ° r CRZ(R-15&AG-1 to Conditional A-12)Approved r . ,. � ' 08/28/2007 5. R-1a 11,', '_y a ` ! d AG-2' 5 CUP(Religious Use)Approved 10/25/1994 ` '� `, r 'Y . 6 CUP(Outdoor Recreation Facility)Approved 09/27/2011 3 Rye; t +Ria AG-2 CUP(Outdoor Recreation Facility)Approved 03/26/2002 7 CUP(Recreational Facilities)Approved 02/03/2009 CRZ(AG-1 to Conditional B-2)Approved 02/03/2009 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Wakefield Development, LLC Agenda Item 4 Page 2 Evaluation & Recommendation The proposed rezoning from R-15 Residential District and AG-1 Agricultural District to Conditional R-10 Residential District to develop an 86-lot single-family community, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area. One of the guiding development principles of the Suburban Area focuses on the creation of"Great Neighborhoods".The proposal is located above the Greenline and the proposed density is consistent with other adjacent zonings which range from R-15 and R-7.5. In Staff's view and in conformance with the Comprehensive Plan,the redevelopment of this property with a single-family residential community,will improve the aesthetics for the adjoining property owners and those traveling along Salem Road.Given the prominence of residential land uses in the vicinity of the site,the proposal to develop a new residential community is compatible with the existing surrounding uses and the Comprehensive Plan's vision of creating"Great Neighborhoods".The proposed proffers assure that the layout and the proposed residences will be of a consistent and high quality. As mentioned previously,the applicant is proposing to provide pedestrian connections to Southcross Court and Lisban Road.The connections further the goals of the Comprehensive Plan for enhancing connectivity as they will allow for a complete and contiguous active transportation network from the site to New Castle Elementary School,the existing Dam Neck Road share use path, Princess Anne Athletic complex, Landstown Commons, and the Princess Anne Road share use path to the Municipal Center which connects to the Nimmo Parkway shared use path to the Redmill area. It is the opinion of Staff that the traffic generated by the single-family development will result in 811 average daily trips. Based on the projected number of vehicles generated, a left-turn lane is warranted, and this improvement is depicted on the Turn Lane Exhibit on page nine of this report.The addition of the left-turn lane will lessen the effect of the turning vehicles on the flow of traffic on Salem Road.Additional detailed comments will be provided during the site plan review process. As recommended by Staff,the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC)outlining the proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations,Staff recommends approval of the application,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: When the Property is subdivided and developed, it shall have entrances, neighborhood identification sign,street sections, landscaping,and open spaces substantially as depicted and described on the exhibits entitled, "BEILER PROPERTY—Virginia Beach,Va.CONCEPTUAL DEVELOPMENT PLAN" dated July 30, 2020, "BEILER PROPERTY— Virginia Beach,Va. ENLARGED PLAN" dated July 30,2020,and BEILER PROPERTY VIRGINIA BEACH,VA Conceptual Turn Lane Exhibit" dated July 30,2020, prepared by Timmons Group,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter,the"Conceptual Subdivision Plans") Wakefield Development, LLC Agenda Item 4 Page 3 Proffer 2: When the Property is developed, it will be subdivided into no more than eighty-six (86) single family residential building lots.The eighty-four(84) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area for a two story dwelling and 2,000 square feet of living area for a one story dwelling. Each home shall have the architectural features, exterior building materials and no less than a two (2) car garage substantially as exhibited and described on the three (3) page pictorial exhibit designated "Beiler Property— House Product Examples" dates July 30, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "New Home Depictions"). Proffer 3: When the Property is developed as noted on page 1 of the "New Home Depictions",the materials to be used on the front,sides, and rear of all new residential structures shall consist of brick, masonry(stone), cementitious siding(e.g., "HardiPlank"),or high-quality vinyl siding or substantially similar material Vinyl siding shall be minimum of 0.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. Proffer 4: When the Property is developed,the party of the first part shall record a Declaration submitted the building lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owner's Association which shall be responsible for maintaining the community park,all open spaces, common areas,vegetated buffer easement, entrance feature signage and landscaping and other improvements, including the eight foot (8')wide multipurpose path and surrounding landscape buffers within the twenty foot(20')wide Open Space Parcel to be deeded to the Home Owner's Association,on the Property as depicted on the Subdivision Plans. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & 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. Wakefield Development, LLC Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—20 ADT Salem Road 3,930 ADT1 12,500 ADT 1(LOS 5"D") Existing Zoning 3—902 ADT Proposed Land Use 4—811 ADT 1 Average Daily Trips z as defined by 2 3as defined by over 39 4 as defined by 86 single-family 5 LOS=Level of Service single family acres of R-15 zoning dwellings dwellings&vacant and approx.25,080 agriculturally-zoned sq.ft.of AG-1 zoning land Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Salem Road, in the vicinity of this application, is considered a two-lane undivided minor suburban arterial. The MTP proposes a four-lane facility within a 145-foot right-of-way. Currently,this segment of roadway is functioning under capacity at a LOS C or better. There are no active roadway CIP projects to improve Salem Road. Public Utility Impacts Water Water mains must be extended throughout the subdivision with an individual tap to each parcel.There is an existing 12- inch City water transmission main along Salem Road and an existing eight-inch City water main along Southcross Court. Sewer Sanitary sewer mains must be extended throughout the subdivision,with an individual lateral to each parcel.There is an existing eight-inch City sanitary sewer gravity main along Salem Road,a four-inch City sanitary sewer force main along Salem Road located at the southeastern corner of the property,and an existing eight-inch City sanitary sewer gravity main along Southcross Court. Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of 40.33 acres and proposes 86 residential lots, new public streets,and right-of-way improvements and reservations along Salem Road adjacent to the proposed site. The new subdivision proposes a net increase of 13.99 acres of impervious cover from existing condition. The development is designed to drain to proposed onsite stormwater management facilities (SWMF5) before discharging to the public drainage system within the Salem Road right-of-way. The existing outfall for the St. Luke's Catholic Church site to east drains across this subject property and is shown to be rerouted as part of this project.The drainage modifications for the St. Luke's property has been accounted for in the modeling. The proposed SWMFs will consist of a wet pond centrally located and a hydrodynamic structure just downstream of the pond. The wet pond will be used to satisfy water quantity and a portion of the water quality requirements,and the hydrodynamic structure and offsite nutrient credits will be used to satisfy the remaining water quality requirements. Preliminary grading plans propose filling the site with a total estimated fill volume of 62,700 cubic yards at a maximum elevation increase of approximately 3 feet. The perimeter grades are shown at approximately 1 foot higher than the adjacent properties to ensure the project will drain to the new infrastructure in the proposed public streets and have no impact to the existing adjacent parcels. Wakefield Development, LLC Agenda Item 4 Page 5 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 includes 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. The models show a slight increase in peak water surface elevations along Salem Road and in the downstream receiving channel, but these increased flows are expected to be adequately conveyed without impacting any areas of flooding. Detailed topographic survey will be required during site plan review and modeling will have to be refined to ensure all flow is contained without causing or increasing flooding. Based on the information provided by the Timmons Group 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:40.33 Acres Pre-Development impervious area: 3.29 Acres Post-Development impervious area: 17.28 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5' SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Total storage volume provided in proposed stormwater management facilities: 713,797 cubic feet Description of outfall: Drainage from the site/wet pond drains under Salem Road to an existing channel that connects directly to Salem Canal. Downstream conveyance path: Salem Canal drains into the Upper North Landing River,which drains into the Currituck Sound. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 28.51 lb/yr Method of treatment proposed: 20.70 lb/yr will be removed with a wet pond, 5.06 lb/yr will be removed through a hydrodynamic type manufactured treatment device, and the remaining 2.75 lb/yr reduction is proposed to be provided through the purchase of nutrient credits from an offsite nutrient bank. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge during the 2-year storm. Flood protection:Stormwater modeling demonstrates the project meets requirement of conveying the design storm without exceeding the rim of structure (for pipe system) or top of bank(for ditch system) for the 10-year storm in all evaluated stormwater structures upstream and downstream. The preliminary models show increased peak water surface elevations along Salem Road and in the downstream receiving channel but are expected to be contained within the ditch banks. Detailed topographic survey will be required during site plan review to ensure all flow is contained within the banks. 100-Year storm evaluation: Stormwater modeling demonstrates the project meets requirement of all streets remaining passable and no flooding of buildings for the 100-year storm in all evaluated structures upstream and downstream. The Wakefield Development, LLC Agenda Item 4 Page 6 preliminary models show increased peak water surface elevations along Salem Road and in the downstream receiving channel but are expected to be contained without overtopping Salem Road. Detailed topographic survey will be required during site plan review to ensure all flow is contained without overtopping a public roadway. 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. School Impacts School Current Enrollment Capacity Generation 1 Change 2 New Castle Elementary 789 students 779 students 21 students -1 students Landstown Middle 1,428 students 1,436 students 13 students 0 students Landstown High 2,162 students 2,512 students 17 students -1 students 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant/applicant's representative met with the surrounding community on May 11, 2021 to discuss the details of the request. According to the applicant,there were no objections raised. • 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, September 5,2021 and September 12, 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 September 6, 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 17, 2021. Wakefield Development, LLC Agenda Item 4 Page 7 17 0 - —__ -0 A.';. i —A. 4.,,, - 0 t , - � in j .1 ,. r_ \ ,.,.� -, �- , V '. I �, / I i 'i cc j AIJ 1« — 4 1 ,'' . I I I III I I j m •• 1 #AM v a^. / rh y�,, 'r^ �,1{){p'�^. �+ CTnRd 'h9 r ' it 'W.:....:i'..L �N " I �1 • �., ; )„/),,, r ..-.3PdA'D - -_-Y A. 4 • /� ? morn ' —- 4 ,r M,te v yp. °4 , 7 I 4. • • • v w�, - „#.'`IC� • Y SITE DATA; I, I a411 ' • '., as^,., r ,Y -- 2MSlivti 4'JN NG. 4.15/AD.1 „� ni • __ '^°� Ilpy' PROPOSED ZOVING iiC Sv'dnw�ti. • "•'.`•," '� 1445 •41.141C ' l 1.-.) --:. ' • / fl,l n +fc AG'. C57 N.AC IX.a-.LP1913T 7;t , D] ,�r 'XAw..� TOTAL AREA ICC,).AC ate -`. - :;.. .f A',• f -I r C RAW.L*L1C41ON. I.81-AC 7 i / ma J ��..r:---' jr-.._._,......_ `+o....:_ _` y 1 - - ---« - - _ "Y AL NF,DFVNGYMBI-AREA E]-Y-AC / ( — ... _ _ - "' r /// (D SINGLE FAMILY LNfR �` \ ,. -1. :N'N.mom N: N J,_ I ! j�I�/ '.411' . ___ ,'� _- t \ _ w N J / STOAMNA'Et AUVAGEMEN^ 7't N-A i �,' / 1I{ \\ --SP+NN)ORN 9M(T, ,12,1-A' 7.. !( / PC d1 I \ I- Q ° NODAL)Al: N i i / I \L`l,. �\ \ \ OW OPM LM(F. 1IIp N.AC y 1'1 _ tAbame.om IRf �.PAS• BEILER PROPERTY-Virginia Beach,VA • r9 ® \�� WAKEFIELD TIMMONS GROUP h = rnm,EPP IAI DEVELOPMENT PLAN-July 30,2020 v f D r�o Oo . CD 0 0 tri rwlwrwwrxeau Q I77F a r.,,,.. -_.. r a co CD j ... :. -o..,....,.,. ..i. - -- E - M,,,..., _ Qo y ' cu ti;r Ze r i . ri....--________,_, ,,. lit . • ; �"� I i "t -+- m° fin: mn t� ..., - iI NnA s Ran sna, } T I1 �, " 1 I ' + 1 it, — ---t' 9.-' , . . _ , ....... • i� �� '� riiiiiiic isik �< 1' w��.C r .f - 1., , e•- ,Fo _ .... awn \, d�y wt.ER RaRR9NLIKCRw+!! Q : 0 < BEILER PROPERTY -Virginia Beach.VA •'NS _ WAKEFIELD TµMMONS GROUP �D (D ENLARGED PLAN-July 30,2020 AK FIENT r0 O 0.. 3 d rD c) (D K LD - (--1 -I r nu fD m x s ' a `—• I _ W.: r 'N., .,mow„, z ,,,,,,,,L 0 GPIN' 14840588620000 ,'fl rn ww u �.. NM -- ay ewaeguw,en --_.. rt Mu in w Is C ...—''_�—:uM111E---E a WILNC ': alima_ _ILKLII M___ CU - PROPOSED SALEM ROAD IMPROVEMENTS.LEFT TURN LANE AND RANOliDICATION (o C o BEILER PROPERTY-VIRGINIA BEACH,VA a (D D N Conceptual Turn Lane Exhibit.July 30,2020 ---'.. TIMNONS GROUP (D O 7 -0 IZ 3 Iv (D O) — = 011 (D -r -ro I- I- I- o -4 n Proposed Elevations Beiler Property — House Product Examples July 30 2020 Materials to be used on the front, sides, and rear of all residential structures shall consist of brick, masonry (stone), cementitious siding (e.g., "HardiPlank"), or high-quality vinyl siding or substantially similar material. Vinyl siding shall be a minimum 0.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. It i lli' ,.-��mis EN Ai Q Q 0 Q Q Q M 'Y 1 iw V , ti n1 1 Wakefield Development, LLC Agenda Item 4 Page 11 Proposed Elevations • • Beiler Property— House Product Examples Juiy 30,2020 Cr/ rt a z 1 t 9 f 1 • � t Eri --P. s •� 2 Wakefield Development, LLC Agenda Item 4 Page 12 Proposed Elevations Beller Property- House Product Examples July 30,2020 • Li 1' _ v. ._ r i : ' -_ • irk / _, . /: La liiiil �' .• is ll l a�_l if ii Ld1i Li ji li Wakefield Development, LLC Agenda Item 4 Page 13 Site Photos b . f` f 3 1111111111111111 Wakefield Development, LLC Agenda Item 4 Page 14 Site Photos , . • 0,01.0 • 11 4 ./7 e, • 4 'Mk r in4iffie‘: , • „•1.5 •. • " •.• • n' "Z1 ' r •64 '• •. , - • • •• . • '• = ; • , ,• I . . _ Wakefield Development, LLC Agenda Item 4 Page 15 Disclosure Statement eV13 Virginia Beau APPLICANT'S NAME Wakefield Development,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: 1 Acquisition of Property • ) Disposition of City Modification of by City Property Conditions or Proffers Alternative • Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated twc(2)weeks prior to any Page 1 of 7 Planning Commission and CCU/Council meetien that pertains to the atd-licat on)sj. APPLICANT NOTIFIED OF HEARING DATE � NO CHANGES AS OF 1 DATE. j9/8/2021 MLC e G� it. REVISIONS SUBMITTED _ _ DATE:jl Wakefield Development, LLC Agenda Item 4 Page 16 Disclosure Statement Virginia Beach Check here if the APPLICANT_S NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT_1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wakefield_Develop_ment,LLC _ if an LLC, list all member's names: Manager:TMPR, LLC,a Virginia limited liability company,Raymond L. Gottlieb,Manager;Member:Tate Terrace Realty Investors,Inc.:Steven B If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes and 2 Sandler,President;Arthur B.Sandler,Vice President/Secretary; Perry Hohman,Vice President; Raymond L.Gottlieb,Vice President/Asst.Secretary ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. r Check here if the PROPERTY OWNER 15 NOT a corporation,partnership,firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:The Elva Y. Beiler Land Trust If an LLC,list the member's The Elva Y.Beiler Trust names: Page 2 of 7 Wakefield Development, LLC Agenda Item 4 Page 17 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, Ill)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 entitles; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Wakefield Development, LLC Agenda Item 4 Page 18 Disclosure Statement 04\i/3 APPLICANT Virginia Beach YES] i NO I I SERVICE 1 PROVIDER tuna additional sheets If needed) z Accounting and/or preparer of your tax return 1 Architect/Landscape Architect/ David Taylor,Timmons Group Land Planner Contract Purchaser Of other than❑ ►_A the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) •Construction Contractors Engineers/Surveyors/Agents Timnon Group&American Eng.• Financing(Include current TBD El El mortgageholders and lenders selected or being considered to provide financing for acquisition or construction of the property) XII I Legal Services R.Edward Bourdon.Jr.,Esq." Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject property _ _ •Kimley Horn "Carol Hahn,Fagger&Friedent 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 Wakefield Development, LLC Agenda Item 4 Page 19 Disclosure Statement VB Virginia Be.0 i, , CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or ing f any public body or committee in connection with this rA A licatio Icef Deve t,LLC by TMPR.LLC,Its Manager Raymond L Gottlieb,Manager PPL 5 SIGNA RE PRINT NAME -/r39 4e LLG DATE PageSof7 Wakefield Development, LLC Agenda Item 4 Page 20 Disclosure Statement OWNER Virginia ginia Beach [YES I NO 1 SERVICE I PROVIDER(use additional sheets if needed) ..� ❑ 7 Accounting and/or prepares of - your tax return X, Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed - ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ N Construction Contractors nX Engineers/Surveyors/Agents Financing(include current — z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Inl ❑ Legal Services Mark Baumgartner,Esq. Real Estate Brokers/ U ® 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 n X❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Wakefield Development, LLC Agenda Item 4 Page 21 Disclosure Statement Ni13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been .scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Elva Y.Beiler la d T• - 1 Merlin Seiler,Trustee 1 g _a 0 PROPS• - ` G URE PRINT NAME DATE Elva Beiler Tr st lin Beiier, ustee Page 7 of 7 Wakefield Development, LLC Agenda Item 4 Page 22 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. Wakefield Development, LLC Agenda Item 4 Page 23 WAKEFIELD DEVELOPMENT LLC,a Virginia limited liability company MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of July, 2020, by and between WAKEFIELD DEVELOPMENT, LLC, a Virginia limited liability company, party of the first part, Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST, party the second part, Grantor; MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER TRUST,party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach containing approximately 28.611 acres which is more particularly described as"PARCEL ONE"on Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel along with PARCEL TWO as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach containing approximately 11.426 acres which is more particularly described as "PARCEL TWO" on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with PARCEL ONE as described on Exhibit"A"are herein collectively referred to as the"Property"; and GPIN: PARCEL ONE 1484-16-3140-0000 PARCEL TWO 1484-05-8862-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 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 Classification of the Property from R-15 Residential District and AG-1 Agricultural District to Conditional R-10 Residential 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, 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 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 subdivided and developed, it shall have the entrances, neighborhood identification sign, street sections, landscaping, and open spaces substantially as depicted and described on the exhibits entitled, "BEILER PROPERTY - Virginia Beach, Va. 2 CONCEPTUAL DEVELOPMENT PLAN" dated July 31, 2020, "BEILER PROPERTY-Virginia Beach, Va. ENLARGED PLAN" dated July 31, 2020, and "BEILER PROPERTY VIRGINIA BEACH, VA Conceptual Turn Lane Exhibit"dated July 30,2020,prepared by Timmons Group,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter,the "Conceptual Subdivision Plans"). 2. When the Property is developed, it will be subdivided into no more than eighty- six (86) single family residential building lots. The eighty-four(84) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area for a two story dwelling and 2,000 square feet of living area for a one story dwelling. Each home shall have the architectural features, exterior building materials and no less than a two (2) car garage substantially as exhibited and described on the three (3)page pictorial exhibit designated "Beiler Property - House Product Examples" dated July 30, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "New Home Depictions"). 3. When the Property is developed as noted on page 1 of the"New Home Depictions", the materials to be used on the front,sides and rear of all new residential structures shall consist of brick,masonry(stone),cementitious siding (e.g.,"HardiPlank"),or high-quality vinyl siding or substantially similar material. Vinyl siding shall be a minimum of 0.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. 4. When the Property is developed, the party of the first part shall record a Declaration submitting the building Lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining the community park, all open spaces, common areas,vegetated buffer easement, entrance feature signage and landscaping and other improvements, including the eight foot (8') wide multipurpose path and surrounding landscape buffers within the twenty foot (20') wide Open Space Parcel to be deeded to the Home Owners' Association, on the Property as depicted on the Subdivision Plans. 5. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 3 effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Wakefield Development, LLC, a Virginia limited liability company By: TMPR, LLC, a Virginia limited liability company, its Manager By: (SEAL) R ymond L.Gottlieb,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: nn The foregoing instrument was acknowledged before me this day of�FIl�u 5 7 ', 2020, by Raymond L. Gottlieb, Manager of TMPR, LLC, a Virginia limited liability company, Manager of Wakefield Development, LLC, a Virginia limited liability company,Grantor. Nota „Bublic,, g JAKO My Commission Expires: �1 / eA:•' 1. Notary Registration Number: 7 S.S(a lL Q N07ARY Li, PUBLIC C7 REG.#7556642 : COMMISSION •. C� • EXPIRES : FEB.28, h'FALTN O%%%% 5 WITNESS the following signature and seal: Grantor: The Elva Y. Beiler Land Trust By: (SEAL) Merli Beiler,Trus e STATE OF gcsiThi &k CITY/COUNTY OF fg/h✓,l r ,to_wit: The foregoing instrument was acknowledged before me this e'day of 4_ 2020,by Merlin Beiler,Trustee under the Elva Y. Beiler Land Trust, Grantor. C: -� • Notary Public My-Commission Expires: 244 Notary Registration Number: /0 5V? 6 WITNESS the following signature and seal: Grantor: The Elva Y. Beiler Trust By: [SEAL) Merli Bei er, ustee STATE OF Sy .kn,n CITY/COUNTY OF ��1t 1j ,to-wit: The foregoing instrument was acknowledged before me this S day of , 2020;`by.Merlin Beiler,Trustee under the Elva Y. Beiler Trust, Grantor. YC JVbI P F • , Notary Public My Commission Expires: L)e' !S 010,91 Notary Registration Number: /0 7 7 EXHIBIT "A" PARCEL ONE: ALL THAT certain parcel, tract or piece of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL B-2", as shown on that certain plat entitled, "SUBDIVISION PLAT OR REMAINDER OF PARCEL B, SUBDIVISION OF PROPERTY OF ELVA Y. BEILER,VIRGINIA BEACH, VIRGINIA (D.B. 3462, PG. 1273) (W.B. 61, PG. 129) (M.B. 240, PG. 6)" dated December 31, 2008, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 20100413000338560. GPIN: 1484-16-3140-0000 PARCEL TWO: ALL THAT CERTAIN lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, designated as "PARCEL A,AREA= 11.426 ACRES",as shown on the plat entitled, "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated Nov. 22, 1994, made by The TAF Group, which plat was recorded December 19, 1994 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240,at Page 6. GPIN: 1484-05-8862-0000 H:\AM\Conditional Rezoning\Wakefield Development\Proffer Agreement.docx 8 Item # 4 Wakefield Development, LLC [Applicant] Merlin Beiler, Trustee of the Elva Y. Beiler Trust & of Elva Y. Beiler Land Trust [Property Owner] Conditional Rezoning (R-15 Residential District & AG-1 Agricultural District to Conditional R- 10 Residential District) 2328 & 2264 Salem Road August 11, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you. On to the next item. Madam Clerk: Our next agenda item is agenda item #4, Wakefield Development, LLC. An application for a Conditional Rezoning R-15 Residential District, and AG1 Agricultural District, to Conditional R-10 Residential District on property located at 2328 and 2264 Salem Road in the Princess Anne District, is there a representative. Mr. Weiner: While the representative is coming up, I just want to remind everybody that I didn't do this before. When you come up to the podium to speak, the yellow light will come on when the other light comes on. You'll have 30 seconds to wrap up your comments and when the red light comes on your time will be up. Thank you. Mr. Bourdon: Thank you, Mr. Chairman, again, for the record Eddie Bourdon, Virginia Beach attorney representing Wakefield Development, LLC on this Conditional Rezoning application. I want to thank Marchelle and Bill Landfair, because he handled this before he left because this has been in process for over a year dealing with storm water and you've got the staff recommendation that this will be able to meet the storm water requirements under our current ordinance. The property with the exception of about 30,000 square feet upon which up in the far upper corner has one of the Bieler family homes on it. That's the only part of this is not zoned R-10. Everything else is zoned R-10, excuse me, R-15. I apologize, my mistake. And the request is to rezone to conditional R-10 as Marchelle explained this morning, but with all the open space and with the 1.3 acres of dedicated right of way along Salem Road 56 feet wide to include installation of multi-purpose trail along the frontage of this property on Salem Road. The actual density is only 2.14 units per acre. If approved, there'll be 84 additional homes above the two Bieler homes for which lots are created with this subdivision plat again up in the top right. And then called out the existing single-family Bieler residence, so that'll be a part of the subdivision. We have proffered a very detailed plan that includes pedestrian accesses, eight that are eight feet wide,within a 20-foot easement that'll be owned and maintained after they're improved by the developer. By the mandatory membership Homeowners Association, that's also proffered, all these houses will 1 be in one Community Association mandatory membership. When we first started with this project, the City wanted traffic engineering, wanted the stub street that's up in the far left hand corner? I think it's South Cross Court, but it's the South Cross Road, comes down and then there's a Court that goes to the west and then as a dead end stub street at the side of this property. From past experience and from the reality that this would be a cut through to Dam Neck Road, if it were extended. We said we weren't going to do that. And I'm quite certain that the folks in Newcastle and the people who live on that street, there's just two houses in Newcastle, don't want that street that goes through. And this process is going to see that that doesn't happen if this is approved. And the same thing we've added a multi use path going from the other cul-de-sac to Lisbon, which I think is actually I'm not sure is the City road, but I don't think it's a public road. But we're providing access there. And also access from the cul-de-sac down to far would be the Southwest portion of property so that people within neighborhood can get all around the neighborhood using you know, Lisbon on their bikes, their rollerblades, pushing a stroller, whatever running. And also similarly, they can run or walk through the New Castle community up to Dam Neck Road. Every street within the neighborhood, we have got, you know, in the proffers there's a five-foot sidewalk on both sides.Street trees on both sides. Community Park that's on here, and then the storm water maintenance, storm water pond, but it's going to be in the amenity for the neighborhood, it's a large pond, and there are wetlands that are being preserved on the site that extend all up in between the homes in Village Bend, which is our point 0.75 zoning above this piece of property. Excuse me, so everything is also Community Park down the bottom right as well. So there are actually two different park sites on here. Note that the church that this goes around there, they have dedicated additional right of way previously for Salem Road. So that trail could be extended across there. But there are two homes, existing homes not a part of this separately owned for many years, so getting the trail cross there is going to require some City effort in the future. The staff report, you know, deals with the fact that we're only adding about 20 houses above what the existing zoning would permit and you're getting dedicated property, high-end quality project elevations or elevations of homes that are being built today in Kingston Estates on West Neck Road just down the street. From here, the value, the prices we expect to achieve with these homes will be 550,000 and above. They all have two car garages; they all use high quality exterior building material. Again, it's going to be a very high quality neighborhood. The only thing I can stand up here and say that that fail to do was name the neighborhood, so we can brand this but the marketing people for whatever reason can never come up with a name. So it's just the Bieler property for now. But it won't be when it goes to the market. Be happy to answer any questions that any of you may have... Mr. Weiner: Any questions. Mr. Wall: So the developer is the same as Kingston, is that correct? 2 Mr. Bourdon: That's who will be developing the property, that's correct. Ms. Wall: Okay. Mr. Weiner: Any other questions? Mr. Wall: I don't know if you can speak on this. But in terms of storm water which way is -- so maybe preserving some of them, you need large mature trees that are existing on the site through the preservation of that wetland area? Is that correct? Because I see small area, you know, the wetlands,that area is very large, mature, you know oak trees, then a large stand. I mean,that's just the casualty of new developments. But looks like... Ms. Bourdon: That area will be, but the storm water to be clear --the storm water requirements, the remainder, again, all that all that area, you see, to the northwest of the BMP, that will be preserved. But where the lots and all and the roads are, because of the storm water requirements, they there really is not much of a way, unfortunately, to preserve trees, because we have to elevate and now with the one and a half feet of sea level rise, etc.,there will be fill have to be brought in, although the elevations are 12 and 13 feet above sea level today. I mean, it's not it's not low land, but you know, what we have adopted into play to plan for all the sea level rise and additional rainfall moving forward. But all the water is directed inward, nothing will go on to any of our neighboring properties. Mr. Wall: What is-- I don't know if you can speak on this, but what is the pattern? Like where is it going? Mr. Bourdon: I think -- you make sure is Anthony... is engineering, he's got more knowledge about this. I don't want to, I mean I got I know a little bit about storm water, but enough to be dangerous. So I'd rather have an engineer talk about it then. Is he here? Anthony? If you got some specific questions, he's better suited to answer those than I will be. Mr. Wall: Hey, Anthony. How are you doing? Mr. Anthony: I'm doing well. How are you sir? Mr. Wall: Good. So what is the pattern? Like where it is going from... Mr. Anthony: The storm drainage will be collected by the one central BMP, and it will flow down to Salem and enter into the existing storm drainage system there. Mr. Wall: So is there water coming up side there, that wetland area? It is coming from the north or the top of the page? Is there offsite coming through?And then going into... 3 Mr. Anthony: No sir. Village Bend does not come down into or a matter of fact; I designed that several years ago. So I'm familiar with the drainage there. And that actually flows north into their BMP which is just visible there at the top of the page central top of the page. Mr. Wall: So that is just a wet area right there. Mr. Anthony: Yes, sir. Mr. Wall: Designated? Mr. Anthony: Yes, sir. Yeah. And actual wetland impacts are, I think, in the range of a 10th or less very small if any wetland impacts associated with this project? Ms. Wall: Okay. It drains towards Salem, then where does it go from Salem? Mr. Anthony: It runs into the Salem ditch system and runs down into the canal. Mr. Wall: Okay, the canal to the right or the crest of the right. Mr. Anthony: Straight down south. Mr. Wall: Straight down, okay. First of all it says there will not be any impacts but then in the third paragraph under the project storm water design staff summary, it says the model shows slight increase in peak water surface elevations along Salem Road and in the downstream receiving channel, but these increased flows are expected to be adequately conveyed without impacting any areas of flooding. Mr. Anthony: Yes, sir. We submitted the preliminary design as required; we're still working with the city and the city engineers to refine the model. But as it says, in the report, there's little to no impact. And the idea would be to make sure there are zero impacts. Yeah, I don't know if people downstream would agree or would accept that. But okay, all right, thank you. Mr. Anthony: You are welcome. Mr. Bourdon: The model that Virginia Beach has is by far and away the most restrictive, detailed, and nowhere in the State of Virginia is anything close to it, okay, and it takes into account a foot and a half of sea level rise. And they this, this has gone on for a year.And none of these come forward that have been through this process without they --you're talking close to 100 grand that people are having to pay to run these models over and over and over again. And they don't let you come forward until they are extremely confident that you're going to have no impact not only on the 4 people around you, but upstream and downstream, they won't let you come forward if you're a 100th of an inch off. So you want to make sure that people who are listening to us understand this isn't the way it used to be. There's no there's not going to be and this is what the increased 20% more rainfall than the model than then than we used to use.And it's a foot and a half of sea level rise.So anyone who suggests that there's going to be impacts that are discernible by anybody with these new models and what's being required is mistaken. Mr. Weiner: Thank you, Madam Clerk. Madam Clerk: Our first speaker is Jonathan Jerrett. Mr. Weiner: Welcome sir. Please state your name for the record. Mr. Jarrett: My name is Jonathan Jarrett, 2240 Meadow Ridge Lane. The ditch that you were referring to downstream is through my property. And so I wanted to come and speak to voice my concerns because exactly what you said, increase in peak water surface elevation is concerning to me being that the 100-year floodplain already is near my property. And you know, the 10 years revision of the FEMA maps could include my house. So thank you for bringing that up. But to backup, I'm representing two other families that live on the cul-de-sac that are affected by the downstream drainage. Just as a point of note, we're not against the subdivision in any circumstance, but we want to make sure that these few items are addressed. So, the one is the increase in density reading through the submittal. It says that density would be decreased.As a result of this rezoning although it was mentioned that 20 more lots would be allowed with the current zoning. It doesn't make a whole lot of sense to me. I'm a civil engineer. So this is very common to me. So that I'd like a little more information on that why this is smaller lots means less density. With most speakers, traffic and storm water are the main issues. Traffic is a concern of mine as well. Meadow Ridge Lane is a one street subdivision called Salem Acres.And currently, it is very difficult to turn off of my street left or right, it's on the other side of Salem Road and introducing any volume of additional traffic on the Salem Road is making a problematic situation worse. So that's one of my concerns as well and then on storm water. Kindles Way was built several years ago. I guess it's only been a couple of years.And that abuts to my property as well. And they also raised their grades up several feet when they built that subdivision. And so any overtopping of this ditch is going to be on my side of the ditch.So that's why it's problematic that there's any adverse impact to water surface elevation. Mr. Weiner: Thank you for your comments 5 Mr. Alcaraz: Sorry, when you mentioned your address, you said the downstream flow goes right through your property. Do you mean adjacent or right through it? Mr. Jarrett: Well, the ditch is partly on my property. Mr. Alcaraz: But on the street side, but not through the property. When I say there, is it going right through your property or is it adjacent to the front side? Mr. Jarrett: The ditch is partly on my property. Mr. Alcaraz: Just want to make sure it is going through. Mr. Horsley: Can you show us on the map where you live? Mr. Weiner: There is pointer right here on the... Mr. Jarrett: Here,the ditch was this way, my property is here. The ditch was to the canal here. Mr. Weiner: Any other questions. Mr. Jarrett: I'm a runner. I do appreciate the paths. Thank you. Madam Clerk: Mr. Chair.We have two more speakers.They are both WebEx. Okay.The first one is Tina Milligan. She is speaking on behalf of the New Castle Civic League. Ms. Milligan if you would wait two to three seconds, please state your name and then begin your comments. Ms. Milligan: This is Tina Milligan. I don't want to proceed until I get verification that I'm heard. Mr. Tajan: Ms. Milligan, we can hear you. Please go ahead and go with your comments. We cannot converse with you because of the way the technology is run in the Council Chamber, so please go with your comments. Ms. Milligan: Okay, thank you so much for that clarification. I'm here representing our adjacent neighborhood of Newcastle Elementary. I've been a resident there since 1997. I'm an original homeowner. So I've been there for 26 years. And during the 26 years, I've watched the neighborhoods around us be built. First, it was Cromwell. Cromwell created a big flooding issue at the end of the intersection of Salem and Dam Neck Road which still exists at this time. But that was the first one, Cromwell. The second one was Village Bend, which is adjacent to our neighborhood as well. Village Bend was recently built, completed two or three years ago, I am uncertain 6 of the exact date. But during the development of that property, our concerns were not heeded by the developer or staff, or anybody. And when the grading of the lots was done, it was graded improperly, and the grade actually drained into the backyard of our residence. So, even so with the proffers that were in place and our constant contact with city representatives, and inspectors, our concerns went unheeded. So that's why I'm here today, because of past history that we've had. Currently, those houses had the flood, water mitigation. When it gets heavy rains, it floods in their backyards. We have pool liners that have been damaged. The backyards are now soggy messes were before they were high and dry. So please know that this new neighborhood is adjacent to more of our houses. And I wanted to express our concerns that it was that we wouldn't have a repeat show. And Mr. Bourdon went there for the show previously and is well aware of our concerns.And I appreciate you guys listening to me today. You listened to me when Village Bend was going on. But moving forward, I just need reassurance that that will not happen again. The neighborhood that is proposed, it looks lovely. But we are concerned with the flooding. Also wanted to note, the builder has had some previous issues with flooding, which causes concerns as well. Finally, I wanted to bring up one thing, if the site plan is constructed as it is right now, all the trees will be removed that are adjacent to the houses on South Cross Drive. There are two houses right on the corner. They have huge pine trees that are going to be exposed; there will be no barrier for them whatsoever. And they're going to be a hazard to the residents. So I wanted to bring forth that problem. There's about eight in 2144 South Driving backyard, and three in 2148 backyard South Cross Drive. As private owners,when those trees come down, it's 1000s of dollars that's going to be placed on our homeowners to make their homes safe and get those trees removed. So I would like to kindly request that if those residents do decide those trees need to be removed that it'd be done so at the developer's costs. My husband's going to speak next. So just again, I will need to point out existing flooding down Salem Road where the drainage ditch is heading toward North Landing that floods, so bad right now currently, flooding occurs on the intersection of Dam Neck and Salem Road currently.And that is without any development of this land that we are speaking about today by Wakefield Development. Thank you so much for your time and consideration. Thank you... Mr. Weiner: Thank you. Madam Clerk: All right. Our last speaker is Joe Milligan. Mr. Milligan if you would wait two to three seconds to state your name and begin your comments, please. Mr. Milligan: All right, my name is Joe Milligan. Can I get a confirmation that you can hear me? Mr. Weiner: We can hear you. Yes, sir. 7 Mr. Milligan: Great,thank you. Thank you for the opportunity to speak. I'll make this pretty short. I think my wife had most of the high points that I was concerned with. As she said, we've been there for a while. And we've seen storms come and go. And we had absolutely no flooding problems whatsoever for probably the first 10 years. And then we started seeing some flooding in the neighborhood when they built Cromwell and then this last major storm that we had after they built Village Bend, I saw something for the first time I've never seen and that was actual water being forceful or coming out forcefully from the storm drains along South Cross Drive, which made no sense to me. But instead of draining, they were actually going in reverse. So probably, you know, I don't know if those storm drains need to be smoke tested or checked or what, but there's something going on there.The trees that my wife spoke of, there there's large pine trees that are probably over well over 100 feet tall, and once that forest is removed, those trees can go either direction in a hurricane and reach any of the houses on South Cross and also the houses and the new developments. So that probably needs to be addressed. And then my last concern is the grading of the lost that abut South Cross Drive, I just want to make sure that because of all the problems we've had in the past, that grading that water movement,on all the properties all the way to the back of those houses on the west side of this project, or north side, rather north, northwest side, that they drain towards the other side of the neighborhood, and not create additional problems for us. And those are the points that I wanted to hit on. So thank you for your time. Madam Clerk: No more speakers. Mr. Weiner: No more speakers. Mr. Bourdon? Mr. Bourdon: First of all, I want to thank all three of the folks who spoke and their comments were totally understandable. I'm going to start with Tina Milligan and Tina is very reasonable and very involved. And it is very, very much regrettable that the problems that they had with the development of Village Bend.And I can guarantee you that will not repeat here. For one thing, the whole circumstance of how the City, as I said previously, handle storm water is upfront, not in the back. So with that having been said there are there are the two homes in Newcastle that abut this property. If those folks do want their trees removed, my clients will and the applicant is the developer in this case, that was not what happened with Village Bend, they will be more than willing to remove the trees on the back of their property if they feel that there's a danger, or whatever their feelings are, if that is what they wish to do. What Joe Milligan said is exactly the case now, all of the water from this, it's not a drain forward drain back, it will all drain forward,there will be no water, and no water is permitted to drain off this site onto an adjoining property. That's the deal now, that's what these plans, you know, 100% do. And that's why this has all been done ahead of time whereas before it was done after the fact with a completely different regime. These Dewberry models, they're very 8 detailed and the policy that changed last June of 2020 is totally different than what it was previous, and the problems were experienced with Village Bend development in Newcastle will not be repeated in this circumstance. But the asks, of the tree removal, which you know, they're 100% right, we will have to remove the trees -- we have to remove the trees to create positive drainage. And it's all held on site. Okay, we cannot discharge into the ditch that Jonathan Garrett was talking about, we cannot, you know, increase the rate and have any impact on the flood levels, you know, downstream. Now, that means holding water on this site. And so, you know, it based on everything that's being done today, under today's requirements, that won't happen. His concerns are certainly understood. And based on past experience, I'm sure it hasn't been. In other circumstances nothing is perfect, but this is far, far, far closer to being perfect than anything that we've done in the past. And that's the best way I know how to summarize it and appreciate the concerns. Salem Road will be widened in front of the property. There will be left and right hand turn lanes so they won't affect through traffic at all. And I've said about 20 houses above what is already at some point. Mr. Wall: So how are they going to keep water from draining from the back of the properties that abut on the South Cross Drive and either way there, I am just curious because... Mr. Bourdon: The lots are going to be filled, Mr. Wall and graded. That's what has to happen. I mean, if there's a slope going down for two or three feet, you know. I just told you that's what the requirements are. And the entire property is going to be graded so that the water flows inward not outward. Is there going to be a height differential? Yes, answer your question. But what is not going to be able to flow uphill. Mr. Wall: One thing is that their property's drain, so in either way, so how if they... Mr. Bourdon: Either way as I understand it at 20 foot natural area or some sort that's behind. Now at bay, I don't see it on the map, but I got a call from one of the people up there and it may just be the two that are on the natural area that remains there. But their drainage has got to be handled in the way it's always been handled. Mr. Wall: When you say planned development you would expect and hope that that would address... Mr. Bourdon: There may need to be, but I suspect there is, but I can't speak to that particular aspect of it and this still has to go through site plan review, But as all the engineers who've been through this for the last year plus, and in some cases, two years, will tell you that there is no stone left unturned, none, and getting this to this point and then getting to full site plan approval. We're probably 80% of it because of storm water, but there's still another 20% going forward. 9 Mr. Weiner: Any other questions? Mr. Tajan: Mr.Wall just so that--to answer that question,the City's information has that there is rear drainage as A and B drainage where it goes to the front end to the back on Eva, there is installed pipes that take the drainage from the rear of the property to their storm water management system. So that could explain why there is the thought of the standing water that's out at that location because it is going backwards to the drainage easement or to the drainage and the drainage easements that are going to their storm water management facility. Okay, as Mr. Bourdon noted and is correct, the current design that Mr. McCoy has is "A" drainage which goes from front to back, which will go into the storm water management facility when they rise again. This has all not been vetted through full site plan review. But of course, I will have to convey it appropriately potentially with swales and other structured elements in order to get the water in the right place. Mr. Weiner: No more speakers Madam Clerk? Madam Clerk: No more speakers. Mr. Weiner: All right, we will close this up and bring amongst ourselves and Mr. Horsley. Mr. Horsley: Well, I think the storm water has been adequately addressed today. I mean, I think with the changes we've had over the last year or so, in storm water, it's hard to sneak by those people and do something that it's not right on storm water. So I've got faith in the storm water and I think the density is very compatible to other densities in the in this area. Appreciate the people who have expressed some concerns, but I think it was probably due to some engineering woes or whatever that took place on their developments. But as far as this development is concerned, I feel good about the storm water. And I think the density fits the area and I'm in support of application. Mr. Weiner: Anybody else? Mr. Redmond? Mr. Redmond: Just note a couple of things. First off, I agree with everything he said. I'm absolutely comfortable with storm water. We have not only the most stringent storm water requirements in the State, by far, and no one gets through site plan approval today without adhering to them. So, and this is, I have no doubt that this will be the most intensely engineered site, you know, anywhere in this area. Like Mr. Horsley and I'm looking down here 2.14 units to the acre two units to the acre is not a particularly dense development. It fits in I think very nicely with the pattern of development around it. There are a number of amenities I think that are you just don't find today and frankly in a lot of places that, you know, there's a giant pond right in the middle of it,there are sidewalks all around.And with regard to -- I mean, 10 I see more landscaping on that plan than you typically see. And that's a lot to ask for and in a place like we have where we have a critical housing shortage. When you meet all those tests, and you get up a bar that high it seems to me you're probably done. I think this is probably going to be one of the most careful and as I say intensely engineered developments in this entire part of the city and I'm sure a fine development is finished. So I agree with Mr. Horsley and I'll be happy to support it. Mr. Weiner: Anyone else. We have a motion? Mr. Horsley: I make a motion that we approve the application. Mr. Weiner: I have motion by Mr. Horsley for approval, second by Mr. Redmond. Madam Clerk: Vote is open. By recorded vote of 9 in favor, 0 against agenda item #4 has been recommended for approval. Mr. Redmond:Thank you all very much, I appreciate it. 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: 11 When the Property is subdivided and developed, it shall have entrances, neighborhood identification sign, street sections, landscaping, and open spaces substantially as depicted and described on the exhibits entitled, "BEILER PROPERTY—Virginia Beach, Va. CONCEPTUAL DEVELOPMENT PLAN" dated July 30, 2020, "BEILER PROPERTY—Virginia Beach, Va. ENLARGED PLAN" dated July 30, 2020, and BEILER PROPERTY VIRGINIA BEACH, VA Conceptual Turn Lane Exhibit" dated July 30, 2020, prepared by Timmons Group, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter, the "Conceptual Subdivision Plans") Proffer 2: When the Property is developed, it will be subdivided into no more than eighty-six (86) single family residential building lots. The eighty-four(84) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area for a two story dwelling and 2,000 square feet of living area for a one story dwelling. Each home shall have the architectural features, exterior building materials and no less than a two (2) car garage substantially as exhibited and described on the three (3) page pictorial exhibit designated "Beiler Property — House Product Examples" dates July 30, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "New Home Depictions"). Proffer 3: When the Property is developed as noted on page 1 of the "New Home Depictions", the materials to be used on the front, sides, and rear of all new residential structures shall consist of brick, masonry (stone), cementitious siding (e.g., "HardiPlank"), or high-quality vinyl siding or substantially similar material Vinyl siding shall be minimum of 0.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. Proffer 4: When the Property is developed, the party of the first part shall record a Declaration submitted the building lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owner's Association which shall be responsible for maintaining the community park, all open spaces, common areas, vegetated buffer easement, entrance feature signage and landscaping and other improvements, including the eight foot (8')wide multipurpose path and surrounding landscape buffers within the twenty foot(20') wide Open Space Parcel to be deeded to the Home Owner's Association, on the Property as depicted on the Subdivision Plans. Proffer 5: 12 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 13 AG 1 \cu\ � CS- r U \ � 1 �\ R20r- c/0 c/ qi / \ \� Q ,Q, (2, ‘,,i o Q % V // / ; ° OY \ \-.> 0 . g •Fik, ?, , , o A18 � � � , , ts, c3.,4 a � 3 <>R�°` 1.0- PR-1-100, \ ou'r 44 E? vrOP ..)- do 0,3 -- c?-0Nc3 \-c). ' _ - Oe-- ; ,fol 0,, •/- . *it a -- ,4,-o, cr.- , / , \.;c7 ,\c, -0 0, , 4.1_0, , . - o ;,-- . - -__ , , . . :1;5--oi"--'-: -0::',, , -\o\ -1 ( k 0--0- :9 -,,< c),\ 0 0 k.,; - * ° os‘ i = AG2 iR,1,p �s 0 02 R20 V * B2 0=2 L .0 444 qv.-- o . 2\ a _ 0„B1A 2 44. ��o �;; AG 2 � �'° �R'20� � - R10 ` 0 7,7-7 0 Q w 6% R�20 R200 R20 , Q 0 ,„,- \ 320 R2.p \-��G \ R,20. P1 �0 AG2 B2 N A Site Two Farms, Inc. dba Royal Farms W , �. I .y Property Polygons Parcel at the southeast corner of s Zoning General Booth Boulevard & Princess Anne Road Building - Feet 0 65130 260 390 520 650 780 .T'r�'Nu�'tiyy Ae2 t :ls'' , ;f-,_ -.\ v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: TWO FARMS, INC DBA ROYAL FARMS [Applicant] HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC [Property Owner] Conditional Change of Zoning (0-2 Office District to Conditional B-2 Community Business District), Conditional Use Permit (Automobile Service Station) & Conditional Use Permit (Car Wash Facility) for the property located at southeast corner of General Booth Boulevard & Princess Anne Road. (GPIN 2414050844). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 21, 2021 • Background: The applicant seeks to rezone the 3.28-acre parcel from 0-2 Office District to Conditional B-2 Community Business District to construct a 5,154 square foot, 24- hour/seven day per week convenience store, a 1 ,248 square foot automated car wash facility, and fueling stations with 16 pumps. The proffered plan designates the preservation of approximately one acre of existing vegetation along the southern property line on Old Princess Anne Road and along the eastern property line that abuts the adjacent historic Nimmo Church's property. Along with this natural area to remain undisturbed, a 10-foot wide landscape buffer is proposed along Princess Anne Road and General Booth Boulevard. As the property is located within the Nimmo Church Historic and Cultural District, on June 23, 2021 , the Historical Review Board issued a Certificate of Appropriateness indicating that the structures as designed will be in character with the historic district. The Historical Review Board does not consider proposed uses and are limited to consideration of the design of the structures, fencing, and lighting. The submitted elevations that are subject to the Certificate of Appropriateness depict the convenience store with an exterior of brick veneer cladding, cementitious siding, glass storefront windows with aluminum framing, and a standing seam metal mansard-style roof. The car wash facility features a sloping standing seam metal roof, brick veneer cladding, cementitious siding, and aluminum framing glass storefront. As the number of proposed parking spaces exceeds the maximum number permitted (50 percent above the minimum number of spaces required, or 36 spaces in this instance), the applicant intends to address the excess in parking through the provisions in Section 203 (b)(9) of the Zoning Ordinance. This section Two Farms, Inc dba Royal Farms Page 2 of 4 allows the Planning Director to approve the number of parking spaces above 50 percent of the minimum required. This will be reviewed during the site plan review process. • Considerations: This portion of General Booth Boulevard is designated as "access controlled" in the City's Comprehensive Plan, meaning that new direct access to the roadway from private access points should be limited to protect traffic flow on the roadway. Despite this, Staff's position was to allow a new, reasonable right-in only access point with a right-turn lane along General Booth Boulevard; however, the Planning Commission recommends that this be both a point of ingress and egress, resulting in the elimination of Condition 1 for the Conditional Use Permits, as noted below with strikethrough text. The proposed stormwater management facility consists of an underground detention system located beneath the drive aisle and parking area to capture and treat stormwater runoff. The underground detention system will be used to satisfy water quantity requirements, and offsite nutrient credits will be used to satisfy water quality requirements. Staff reviewed the proposed conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed information can be found in the Stormwater Impacts section of the report. The Comprehensive Plan recommends preserving neighborhood quality and that all new development or redevelopment projects maintain or enhance the existing characteristics of the area, including efforts to protect the natural environment and historic and cultural character. The applicant worked with Staff to modify the design of the buildings and as noted above was issued a Certificate of Appropriateness for the architectural elements of the proposal. The use of a corner property along General Booth Boulevard for a commercial operation such as this is not uncommon. In fact, there is a convenience store across the street on the opposite corner. The 11 speakers in opposition at the Planning Commission hearing stated that the request is inappropriate and an incompatible use adjacent to the historic Nimmo Church. Other concerns noted included noise from the car wash, negative aesthetics associated with the use, creation of unsafe roadway, adequate amount of existing commercial property to locate project elsewhere, and the increase in traffic associated with the use. There was one speaker in support of the application. Staff also received 15 letters and a petition of opposition with 45 signatures. The comments in the opposition letters were similar to comments made at the public hearing. The applicant indicated that they met with the adjacent church on three separate occasions to discuss the proposal and modifications to the plan were made in an attempt to address concerns. Two Farms, Inc dba Royal Farms Page 3of4 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On August 11 , 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 5 to 4. Conditions for the Conditional Use Permits — Auto Service Station & Car Wash Facility 1 . only in conjunction with the turn lane depicted on the concept plan noted in 2. A maximum of 36 parking spaces shall be permitted unless approved by the Planning Director pursuant to Section 203(b)(9). 3. When the property is developed, any freestanding monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Royal Farm — Store 445 Virginia Beach, VA," prepared by Absolute Signs & Neon, dated February 2, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base, as noted in condition 3. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Conditional Use Permit Exhibit noted in proffer 1 above, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. All air pumps and vacuum stations shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. Two Farms, Inc dba Royal Farms Page 4 of 4 7. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 8. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. daily. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10.Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (15) Petition of Opposition (45 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. C.- 0Submitting Department/Agency: Planning Department City Manager: t \&3Applicant Two Farms, Inc. dba Royal Farms Agenda Property Owner Hollomon-Brown Funeral Home, Bayside Items Chapel, Inc. 5 6 Planning Commission Public Hearing August 11, 2021 Virginia Beach City Council Election District Princess Anne 7 Requests #5-Conditional Rezoning(0-2 Office to Conditional B-2 Community Business) #6-Conditional Use Permit (Automobile Service '� ' Station) /' \\\\ ci doit. . #7-Conditional Use Permit (Car Wash Facility) A�} �,.�• '`...._ Staff Recommendation -* Approval I '�� 140 Staff Planner to r Hoa N.Dao 41. Location . ‘ Parcel at the southeast corner of General Booth ,� \t'splip Boulevard&Princess Anne Road • GPIN • 2414050844 --((-. 'l .. Site Size 3.28 acres AICUZ 65-70 dB DNL Watershed Southern Rivers * , : ::.1:1414:- Existing Land Use and Zoning District 4H ., . �� - `, , Wooded land/0-2 Office y4 Surrounding Land Uses and Zoning Districts North _ General Booth Boulevard A Office /0-1 Office r - P. South .'• Old Princess Anne Road,Princess Anne Road y « Wooded land/ P-1 Preservation,AG-2 Agricultural, :: , R-20 Residential East — _ Cemetery, religious use/ R 20Residential vet West ` .,-Vit � ' Princess Anne Road Automobile service station/B-2 Community Business Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 1 Background & Summary of Proposal • The applicant seeks to rezone the 3.28-acre parcel from 0-2 Office District to Conditional B-2 Community Business District to construct a 5,154 square foot, 24-hour/seven day per week convenience store,a 1,248 square foot automated car wash facility, and fueling stations with 16 pumps. • As the property is located within the Nimmo Church Historic and Cultural Overlay District, review of the buildings' design and materials were considered by the Historical Review Board.On June 23, 2021,the Historical Review Board issued a Certificate of Appropriateness indicating that the structures as designed will be in character with the historic district. • The submitted elevations depict the convenience store with an exterior of brick veneer cladding,cementitious siding,glass storefront windows with aluminum framing,and a standing seam metal mansard-style roof.The car wash facility features a sloping standing seam metal roof, brick veneer cladding,cementitious siding,and aluminum framing glass storefront. • The submitted concept plan depicts a right-in/right-out along both Princess Anne Road and General Booth Boulevard. • The proffered plan also indicates that the existing vegetation,approximately one acre, along the southern property line on Old Princess Anne Road and along the eastern property line that abuts the adjacent historic Nimmo Church's property is designated tothe in a natural state.A 10-foot wide landscape buffer is proposed along Princess Anne Road and General Booth Boulevard. • Per the Zoning Ordinance, 24 parking spaces are required for the proposed use,three parking spaces for the automated car wash facility and 21 parking spaces for the convenience store.The submitted concept plan depicts 54 parking spaces,exceeding the parking requirement by 30 spaces.Since the number of parking spaces proposed exceeds the minimum number of required parking spaces by more than fifty percent(36 spaces),approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance is required.A condition is recommended to that effect. Zoning History 6 o,.e \ / # Request i `� CUP(Automobile Se rvice Station)Approved 02/18/2020 e0•'6'�� f�Jy ��+�`° 2 CUP(Columbarium)Approved 11/01/2016 0 3 MOD(Conditions)Approved 10/09/2007 MOD(Conditions)Approved 08/08/2006 MOD(Conditions)Approved 08/09/2005 2 5 MOD(Conditions)Approved 10/12/2004 MOD(Conditions)Approved 08/11/1998 CUP(School)Approved 08 13 1996 4 CRZ(R 20 w/PD H2OverlaytoP 1)Approved alA 10/09/2007 FUT, STC Approved08/22/2006 45 CRZ(R-20 to Conditional AG-2)Approved 11/27/2001 ✓��/�\ 6 CRZ(AG-1,AG-2,R-20 to Conditional A-18)Approved 05/25/1999 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 2 Evaluation & Recommendation The proposal to rezone to property from 0-2 Office District to Conditional B-2 Community Business District to operate a convenience store with 16 fueling stations and an automated car wash,in Staffs opinion, is acceptable. The property is located within the Nimmo Church Historic and Cultural Overlay District.The Comprehensive Plan recommends preserving neighborhood quality and that all new development or redevelopment projects maintain or enhance the existing characteristics of the area, including efforts to protect the natural environment and historic and cultural character. In Staffs opinion, reasonable effort was made by the applicant to protect the character of the historical area.The applicant worked with Staff to modify the design of the buildings and was issued a Certificate of Appropriateness from the Historical Review Board on June 23,2021.Historically,sloping roof is a primary form of roof found in many historic structures.The mansard roof design on the convenience store and fuel station is an appropriate type of sloping roof form for the District,as well as the asymmetrical sloping pla nes on the carwash facility.The proposed standing seam metal roof is an appropriate roofing material. Both the brick veneer cladding and white cementitious siding are common and appropriate building materials for historic properties.The style of the building accent lighting fixtures and site lighting are found to complement each other and enhances the proposed architectural elements. The applicant met with members of the Nimmo United Methodist Church,the church that adjoins the project site,to discuss the proposal and address any concerns.As a result,the two-way entrance on Old Princess Anne Road was relocated to Princess Anne Road as a right-in/right-out,the number of fueling stations was reduced from 20 to 16,and the existing wooded area along the eastern and southern property lines is proffered to remain in a natural state. In addition, an eight-foot high privacy fence will be installed on the eastern side of the new development that abuts the cemetery on the church's property. A Traffic Impact Analysis(TIA)was submitted for review that included two development scenarios. Scenario One includes a right-in only access point on General Booth Boulevard and a right-in/right-out ingress/egress points on Princess Anne Road.Scenario Two includes right-in/right-out ingress/egress points on Princess Anne Road and General Booth Boulevard.This portion of General Booth Boulevard is designated as"access controlled"in the City's Comprehensive Plan, meaning that new direct access tothe roadway from private access points is not permitted. However,Staff worked with the applicant to allow for a right-in only access point with a right-turn lane on General Booth Boulevard.In Staffs view,this will provide a practical level of vehicular access tothe property that could support a development of this type, while still preserving the roadway as an access controlled roadway. The applicant does not agree with the right-in only access point and has included a right-in/right-out on the conceptual site plan. Staff does not support a right-out from this site to General Booth Boulevard as it will negatively affect the roadway capacity and safety and it is not consistent with the recommendations of the Comprehensive Plan. As mentioned above, since the number of parking spaces exceeds the minimum number of required parking spaces by more than fifty percent or 36 spaces in this instance,the applicant needs to demonstrate that the proposed use necessitates the additional parking spaces and submit the required plans to the Planning Director for review pursuant to Section 203(b)(9) of the Zoning Ordinance. This will be reviewed during the site plan review process. The proposed stormwater management facility consists of an underground detention system located beneath the drive aisle and parking area to capture and treat stormwater runoff. The underground detention system will be used to satisfy water quantity requirements,and offsite nutrient credits will be used to satisfy water quality requirements. Staff reviewed the proposed conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements.Final design and detailed updates will be made during site plan submittal.More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations,Staff recommends approval of these requests,with the elimination of the right-out along General Booth Boulevard and subject to the proffers and conditions listed below. Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 3 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 developed,the Property,shall be in substantial conformity with the preliminary site plan entitled"Concept Site Plan",dated June 2"d,2021 prepared by Kimley-Horn Associates(hereinafter"Site Plan"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: When developed the elevations and building materials of the convenience store,fuel pumps,canopy areas and the car wash shall be building in substantial accordance with the six-page exhibit prepared by Ratcliffe Architects entitled"Royal Farms#445,Virginia Beach,Virginia"and datedJune 3rd,2021 a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal.All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. Proffer 4: Any trash compactors located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. Proffer 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 6: 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.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, 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,the Grantors 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 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 the Grantors and Grantee.Upon acquisition of the Property by Contract Purchaser,Contract Purchaser shall succeed to all rights and obligations of the "Grantors"under this Agreement,and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 4 Staff Comments:With the exception of the proffered concept site plan that shows a right-out access point on General Booth Boulevard,the Proffers listed above are acceptable. The CityAttorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Automobile Service Station & Car Wash Facility 1. Vehicular access along General Booth Boulevard shall be limited to a righ depicted on the concept plan noted in proffer 1 above. 2. A maximum of 36 parking spaces shall be permitted unless approved by the Planning Director pursuant to Section 203(b)(9). 3. When the property is developed, any freestanding monument sign shall substantially adhere in appearance,size and materials tothe elevations entitled, "Royal Farm—Store 445 Virginia Beach,VA,"prepared by Absolute Signs& Neon, dated February 2, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set in a brick base,as noted in condition 3. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs,or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review,a Landscape Plan that reflects the plant material depicted on the submitted Conditional Use Permit Exhibit noted in proffer 1 above, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. All air pumps and vacuum stations shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect,all of which shall be depicted on the Landscape Plan. 7. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 8. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00a.m. to 8:00 p.m.daily. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator. Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Suburban Area,which encompasses the preservation and protection of the overall character,economic value, and aesthetic quality of the existing surrounding neighborhoods. Preserving neighborhood quality and characteristic requires that all new development or redevelopment projects to maintain or enhance the existing characteristicsofthe area,including efforts to protect the natural environment and historic and cultural. Adopted by reference as a component of the Comprehensive Plan, the Comprehensive Plan Reference Handbook: Special Area Development Guidelines for Suburban Areas shall be utilized as an additional guide to site and building design,access and circulation, parking,landscaping,stormwater management, lighting,signage,outdoor amenities, exterior building materials,scale,and streetscape amenities. 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. The site is also located within the Nimmo Church Historic and Cultural District Overlay,which, per Section 1300 of the Zoning Ordinance,should be preserved as a living part of our community life and development. Additionally, the Comprehensive Plan states that the City should use all available resources provided by the City's Historic Review Board, Historic Preservation Commission,and Princess Anne County/Virginia Beach Historical Society to retain these historic resources,which should be accomplished in a responsible and innovative manner. The Historical Review Board reviewed the request and approved the Certificate of Appropriateness on June 23,2021. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 17,100 ADT1 32,700 ADT 1(LOS4"D") Existing Zoning 2-1,080ADT Weekday Proposed Land Use 3-4,003 ADT Weekday General Booth Boulevard 20,560 ADT1 32,700 ADT 1(LOS4"D") 1Average Daily Trips gas defined by a 3.28-acre 3 as defined by a 5,150 square foot 4 LOS=Level of Service parcel zoned 0-2 convenience store with 16 fueling stations Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road,south of the Princess Anne Road/General Booth Boulevard intersection is currently a two-lane undivided minor suburban arterial roadway.The Princess Anne Road Phase VII CIP project is currently under construction and to widen Princess Anne Road to a four-lane divided roadway from General Booth Boulevard to Sandbridge Road/Upton Drive.This project includes improvements to the Princess Anne Road/General Booth Boulevard intersection to increase the capacity of the intersection and to improve safety. This project is scheduled to be completed in November 2021. Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 6 General Booth Boulevard is currentlya four-lane divided minor suburban arterial and it is designated as"Access Controlled" in the City's Comprehensive Plan.This designation means that direct access to the roadway from private access points shall not be allowed. There are no plans to improve this section of General Booth Boulevard. Public Utility Impacts Water City water is available for connection. There is a 12-inch water main along Princess Anne Road and a 16-inch water transmission main located within the existing 30-foot public utility easement at the southern end of the property. Sewer City sanitary sewer is available for connection. There is a six-inch sanitary sewer force main along General Booth Boulevard. Stormwater Impacts Project Stormwater Design Staff Summary The subject property is 3.26 acres located at the corner of Princess Anne Road and General Booth Boulevard. In existing condition, the entire property is forested and contains 1.16 acres of wetlands.This site does not lie within a FEMA delineated flood plain. Currently,no stormwater management exists on site and the area sheet flows into stormwater infrastructure in Princess Anne Road and General Booth Road. The project proposes clearing a portion of the site at adding 1.80 acres of impervious area.Approximately0.87 acres of existing wetlands will be impacted with 0.29 acres expected to remain. The proposed stormwater management facility will consist of an underground detention system located under the parking lot. The underground detention system will be used to satisfy water quantity requirements,and offsite nutrient credits will be used to satisfy water quality requirements. Preliminary grading plans propose filling the site to an elevation of 11'to 12'above sea level (existing grades ranging from elevation 9.5'to 11.5')to elevate the site/buildings above the modeled 100-year storm event factoring in 1.5'of sea-level rise(SLR). The proposed detention chambers will replicate the stormwater storage volume lost by filling the site and retain increased runoff from the proposed project. 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:3.26 Acres Pre-Development impervious area:0 Acres Post-Development impervious area: 1.80 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 7 Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%)and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed:Underground detention system Total storage volume provided in proposed stormwater management facilities:approximately 9,000 cubic feet Description ofoutfall:Drainage from most of the proposed project will be captured and detained in the underground detention storage facility. Stormwater from the facility will be released through an internal combined weir/orifice structure and will connect to an existing structure that ties into the downstream conveyance system in General Booth Boulevard.The wetlands to remain on site were modeled and any overflow will sheet flow into General Booth Boulevard and Princess Anne Road. Downstream conveyance path:Infrastructure in Princess Anne Road and General Booth Boulevard connects north through a series of interconnected ponds in Southgate,then under Nimmo Parkwayto Hunt Club Tributary,which drains to West Neck Creek Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr)required:3.97 lb/yr Method of treatment proposed:The required 3.97 lb/yr reduction is proposed to be provided through the purchase of nutrient credits from an offsite nutrient bank. 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 the 10-year storm in all evaluated stormwater structures upstream and downstream.Two existing stormwater structures(one upstream and one downstream)showed a rise in water levels of 0.02 feet,but all water is contained within the stormwater system at these locations. 100-Year storm evaluation: Two existing stormwater structures(both upstream)showed an increase of 0.02 feet, but all water is contained within the stormwater system in these locations.All downstream/upstream stormwater structures included in the model for this project will be reevaluated during the site plan review to continue to ensure there are no negative impacts upstream or downstream in the system. 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 reported that they met with members of the Nimmo United Methodist Church on February 24th, April 19th,and May 27, 2021. • Five letters of opposition have been received by Staff noting concerns related to incompatible use,and excessive traffic and noise. • 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. Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 8 • 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, September 5, 2021 and September 12, 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 September 6,2021. • 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 17, 2021. Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 9 Proposed Concept Site Plan <I $ g / ,. / / .1 P ------.. . . .. --......... --r-- Vs 3 g ii t I I,5 ;!N P.1. .;... g -- raf 44w1 I 33 '''---,,,•;5-4,, ... -1 4 i---' '11...qc z •• . . . ,,, •6•••„•••b••• --- ---..._..... 'IX 1 ' 1 . • Aeliii`, • • , ..._ g 'e D 1 s -----. .".7"..-- ••-. : 0 CO x / / --4141,4•.•-. "--•--•—.,•t••, ..I.,,,,,, '', f..i ;"" te ..- I- ,, , t sA • ,--- : .; • •: 4' • r, -....—-•.../..7"..N...., 'N..? ,_ ' / - 4 t if ' _ .: „._ f,; 7 r-1/ $ .4' / # _ III 1 i / I ,'a:•-.• -.-r. ' .--- -':--*1/3,1, . / //' o. W,-__s, : [,--T1- . ...„.„ „. _ „s4,... , _ / --)(1 ' _ 4.. _ . •. 1,r- __ -_ : .---1.—, • sL—... k IltIMI _ •• _ , _ - 4. . _.: 4, I ..- , ilar-ooNar ; Z ,,, , ,44. ":3 r ------- jrnjilil -rrt- 3 _ T.. .-.! t 1 41111 , , rsp.; , 11,. :.t., i s.. r '` A 1 'g 11 . ! ' ,' ,' • - e • .,, ., , ,..,„ • - a 0:,...\ , ' , 1 ' .. . ,*A6....• ,, „0/..p_ ...-- ,. , -4.'... • -, .c. •• A3 3 , .... ,...,_ ,w,11 '' •,"..'1:, Of ' tp• , 1 IP 7 4\13----- •34°tit'i ,' g0 'i ‘• . • • I A I I i L 1 lieEIN, ,....4%,.$-*: , 43_„_,...7./ • '3, ,\„s • I.11., 41, i 3t) ___.„4 1 D, , . A 0. , , i<-...--1, 1 . 1 ....../..' • S• fr WNW VillIOIT __ • s_____________ ________________ - .........**1 \------- - -... \-- --- - • .. Li:g LI \\\•.\ et; lh . .-:, :.- '. - : , .' • • -------- ,_---- • PRJNCE8SANNERO 'RN! - - lif-c :Z,5, t ... Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 10 Proposed Elevation Plan u... - f- < : L6 cc a 1 d CC-1 •-•: , z, i o E§ I N.... 1 I ' ,_ g ... - '--, I •z IT ' ... I- tt •<< 211111 6461 J Z 7e 1 •:- I . £ [ 411 5 - - q - (0) . g 2 te . . . , , n i I li mu 1 IL q t i •- 4 '6 >. lali 0 -lei Lt lig, Two Farms, Inc.dba Royal Farms Agenda Items 5, 6, 7 Page 11 Proposed Elevation Plan ►C s gs py - f 1 a I a, i i i I 1 • 4- _ N �� -. � I F= j \\ 5§5§ I ,/ I 3 4 za 4 ,i,t 1 1 1 9' ' 3 I 1 „ 1 ../ Il CZ Q v> �U W 4 - 1 LL Q N / JZC: Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 12 Proposed Elevation Plan r. L; • w: U) et 1 ;C. -16 �Y 4 ct Q m O O LL Q N 0>ZLL Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 13 Proposed Elevation Plan ... _ tt. 7 LI. ) —, - i• P w 2 c..e, 0, .- I L_ ! I , I , 1 I 0 1 , 111 ... Jib ?1 ill --- -il Al. , -- a ii if• f \\/74 1 \ ar i _ 1 f t lii 411 , fi , • , a • i/ 'II . if i, is nu n i I ig -' i; 1.1 ,i; I - gu • O c C int u_•C —12 M i 1 ilj Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 14 Proposed Elevation Plan LL1 2 cz. I IL % ...1 5 U i I. ill ! 11 ! Pt ! 3 IA i ii 11-14 Iti - ; i -- - 1 ' _ 1 c 0 I: F 1 ....), c ig ii ii„ g 0 i 4 It > . I p 1 t .%1 t., 1f; a-, 1, I 1 ii 1 I. 11 1 i i i i — i 11 1) ! it l! till .. _ . ,..i: u) I 1 2 „ If „, , , • g _.. 111.. 0 7 .11.0 II Ott i cn.4. UN cc — — - E k. ;ill: : 1 li li 4 1 - - i/ill I 1 Pi WI 1 t-i il'i 3 : 3 ir54 Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 15 O 0 col rD CL m ru su 0 z -13 su Fuel Canopy -Side Elevation 1/8"= ,mt1Il I l71 I11.1.1.1tIttLMM,1 I I ITTBSTRAbitiliMMICITIMITIT 11 to I I l I I l l f t l l l tl l"41a Fuel Canopy -Front Elevation 1/8"=1'-0" ROYAL FARMS 0 cu T ROYAL FARMS#445 RATCLiFFE VIRGINIA BEACH.VA N JUNE 0,2021 (D Q- N55 00) (D O -0 0i - 00 to (D Ol 3 01 V v+ Proposed Elevation Plan z --� ti!illI 1 tiI to. 11 II Iii t fillI,lItii �H ti i lif iI l p Ilholo fib1,,, : lt�l 111 t, tii!yl 111 e 1 I4iiilii111111i11111 Mtll 4 !-P c i !i ill' 4,1 o L , p ='tiii'!'t i P l.tl =' ij�lll ili ill !►l` if 111,11i11.t-.11 in r o, 111111 11!I l• w 11,11,,3441 1l !'1 '� 2 111R��SlS liltitili,l'„ ' OC il+l ill'ih till fill."ili il: s1 OM* l 44Ntl f O/ t�Illbltli/ id ll l 11 1I '^ 1►1't�l�1 h1i il1lll l C . 1 15411'141 41 if is p - l+Illillll-{10111 __tt'11� 1,1 .111a'111111Plttl 111 sl 0 11-11, top, hi 3 1 ib`: ! ie is [i[ i 13 If alit" 1 C a W C in ' O 2 • Ce _O u C N - E.N O - Q i= > l` AIL pN O —JQN Q 2 to, w reIr>> Two Farms,Inc.dba Royal Farms Agenda Items 5,6, 7 Page 17 Proposed Monument Sign Plan O N W ZN C _ N di al ) O E Q T -0 a O C IN d > H Q , alJ E Z 0 Co 0 a Q a E w!� ea'= oa ' - Z a I' Cr) :. N— M M o N N N 3 L2. & � ce ix cc o C r (❑ LL J V) T ce f ill >11111 r LL S' IMUL OD N C 2 o . _' II C W m C U 2u_ m c m O � 5;L g Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 18 Site Photos 4. , ,, ::.,„ .. . ..i. p...44 ,.i, ,,,,-.. ...,,...„. ,..„4, _=,i; .. . / ,.. ,,A.,4-,',..-.;•,... .- ,•,, -, 44,ikl„,„ ,::,--••i._ -" ..V.','•,41,1/-,:::‘'-';'-:=4Mt.. '' .\ ' ‘ ; j.;''.(','., e;':itt./Nik ‘,k-', -';', - • . :t<104'- i.:'\ '' ' ".. .'''.1').1..:e.,.,"';:;, *, '.7-..• , .:i'.Vt...'.'ritf,t;...... ....‘7',;.i,,-,;-. • '. ..''..'1.:..-''''' t'.." ..'- •; tit..,,,,,,, 2, _,....i, 2.,--ir›.4i'-.., .;,,'„,i. • - V,i,, - '''-,- "....-,,,-I ''lk,...,:, ', . .,:-,4,6 ,......4 ,..:,„..r t, :0' , .... ..;':. •=,!,./1:0.4.,:er, t %<:,-**ty,r`e.- %.,,A.-i,,,,,.........:. . .44-' . I 1 t , ',I ' .-., Ti.;# , . lAr ,4b , :::''':---;,..1,tir---,-- #....1?-f..47.11-:-.4-vt, .. -,-:i-k *--...e,,,--*-: -, A.1 ;n., , ,,,--...ffr, -:. -..., if.:4::, '-•-, ',.-',., 44 ' f.,'`,0,t•t''';'-_4.;','''.4."4-.;;,..-•‘,44-•..• 's1=Y-1:4!•frEelt../..it,..,..-.:'..„,;.4"."1,I A.'117:,/ './t',, -.:s.- °,.'.. 7%.;.:.M.1 ,;4;iril,•.1, '',‘7,;...t.,11,:,,tV 4.4.4'..4 y.,"." _.-41411g-_:,.-.-•_:' ,-:,',...„4:,:-4. 42e4 ,4-,.;:i , t,',-.. . 4 ,,,..44',,.s4v.• :--;'• : ia:4•., ...7.1.,,t.. ,40- -„•..-d :N.• 4r,e.:T-..:, • .ft-,-..:=,.,..4_e„w,,4,\--,;‘.f....--ciwr:- '7°--- • , r-'',4.;',•-•id i `lit :..',ft\ 't'4, 11 I Ca.Nieit,'i r ;*•f.;="-•''''.1`,1.4.F.'•'.'1 AK't•••'. ;•;-:.?. ."‘.* '' '•* /•• ' 7.''''4*41,•-;'*:!'.-.._•,,,,,,,,Nr,..!Q•••••1 ..".t;•'./''''1 4 ‘.': .: •°......! *'...-*1 ' '''''t 1-*'''• '''1 '•.•'•'..1.•1 tr I " - .' . ..I.- -,. -....•` 1.;tii•1;',.., : 1. .t 'f'' ••4 V, '. ••! i ; '; ' ' . 't ' ' ':"C'CI' "' ' • i it i - •',rj; I 1 * ;; ; , ; ; i/ ' ., ' : , '•' '':4'i .,1/.*'. * 1 IC .':,L1' i , '' ' '•t! e , I*-..7.-,:.' _ t• , 's • '.' f , t,,-..1 i i.,1 • : ,-*-'-c.. 1 'm ____;..---:,---_--•-„,---______ _ . , •' '7, ,:,'.f. . sl'fi•:.'It ,-- ., -,* '1 - iiiii '• ___.. - ....„... ... . , :44110111. '--, -----,--- --.,,, t..) 1\ .iii., f7,!,'-. f I, k . ,, ' V '')I I \ 4 ' I' I. ,, • ,r 7/' '))''I 1''',: '\'',' 1 . •r'' ,.)'.,i ; .I4A t6 , , ,I, N1/4` ) ,t ' , ') 'i / / [ ''i. * '* ' , ,fr • ' , / ' ; ‘. ' ili '',/1 '9 ,‘ ',•`;,*•;' I ii•,',• ';;N* i N f .'• - :4 ' '' ' 1 ; ' ' _. • *.• • ,,,-,-, ,i . i. kt i ,-;') ,.i , i I d;-_,P11 , 14 .r,, • . , . '. k:174.10:C..i j'ii- ,i,.4 V :.,,,..I.,I. -14 ,, : - ,t,„.,. '.?,,,,,...:...„ . .,..-,.-,...,;.,..;;,.!„ ,:e.,..,.1,., ,.., ..,,• , V 4 •'fi . ' -'-'',- I- -4-• t.. .-,"" ,•• L.' .1'4.0-'1 •,'";:-!;',..4*'ti;.:.:., ,CI:±g. 's''..? ' .--r);;.f 4 .• 4-,'-, ' ,, ', c I 1::;.iht - NI -1 .'., • .•.:, • .,•; , ;•,! ::. 1 1,:jAiii ,; 't: 1::-.'''''. :,;4:-.1:‘:.;','' : ' ' '-'. ',, . ,.„ -, 1.v :Al - ' ....1., .- . ." -.-:.• ' 't i h. , -. , , . ''., _ } r`:i 11- • ,, = •.•17-s..-: .--- ii.-,1 vf. 1;.,-- Itsr-r-'0" - . - ',.,-, • • . , . .. . i4---''.ea'• '' - - „:-,,,- • .., . ,- -- --- ---- , e-' .,- - • t. --441.1W,'4,-0?--4.- , - , -..., .r -;• ' '• .....• . 7 -......;,.."i4C,'-t'-;; "----:.:-.,.--..--',.,1-- ---4.-) •_'•''1," .. -,-, ' • /1- • ,s:• :..-...1-11-4,--.. k*`44'.,;, •'",t,-.:--, .•• --, -,-,'. , ''+:',-•_.:-•'-:.:',- -i"..'.-_, ' ‘-',-,t..",..,„,... ..* -..,--El-- -.41 ::.:,• -_:, -- ,.$-' ' '' ' ''.- $: : -.1.-*--,,„..-- ',---.',-:_ ____.„„ , :*,,- _ , • , .,, , , 4 _ • . -.V.\I•- - • . .I.-'-'-;...4:1Ae..3.. 'i3--.-•45.4".-?;' --,'" )"*"'- . 1,,-'7 - ,,,..:- . ••„,, • . . ,,) e . ,... .. . , . . . • , --• I . :, . • ., • 4;.)., .. Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 19 Site Photos . 111111, W ii' ,k?)ifri'"'.. ,-- . -- - - ,-*-- - • _ - - - . ... -.• • 0,-- \ ,k. " i . 1 • - --.' - '- :1,:.:'7.',:.-11t. . •-5.'' _-31 .,- ;-, ' z. .,.- ..:• - -;;*-Ak , ), v , i / :.'''-'. 10' ' - • -ril-1", 1 4 i -4 1 A 4 b , •••,. , „NI'' ; 1 f! I II , ' ___ =5.A•41. , . :•ir. ; ; ii - • ,t ' i t • I . . ; 1 1 1 .. J , - -- . • r , • .1 1 , . 1 ,, , • . 1%.N/A1J. - ._ 4 - - --z :':' '' - ?Al VW— .....!' • — ''- : . .'', ' i -'' - '17.7 -....; .•' Z ---4A,• -„ ••,-;•,---- --..-„,-, ' _ .. --,.4 -,,,-4‘...,;,,„•---, -7-'-. iNistowt.,,,_ ' . • --1--,---*-• ' - _— '-------- ----':'...-- - - 4.....iiw - ...4,',; ..-- = •-;. •• ' - ..- ,:_•- ,., :,.....,it-,,.-.,-,...,,•,,:'-- -. - • • ' •- .„__. '-"NO...i?.. r,„;jc•,,,,-,--.•..1--iiir - • ,. .•• , ..,..• -- , r. ...„........: ., ,,, , ,..., •. ir'. ft 411111. : • . . . .., .. _ \Ir."', - .. 1 • y• j ,‘. . - . . 4 1. - 'y.' ,• .4, •_. .. , . .., ...„, ,-.,•,- ,_ .• ...- . . .,..-..-....• --if. ----- .-_, ----4,,-,. , „, _ _ . , - • N„ 4-41t-•'4.tf-41 -,: ..41:::::•,:.:.„...;,,..4-- 3r -.v.•4e....' ---'•-i;- ',I..--.:-';'--=‘._ .---..-'-• • ' '.• - -.. . . - , - - , , , • • Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 20 Disclosure Statement Disclosure Statement V13 vv 'w:rm d: 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 Two Farms,Inc.dba Royal Farms Does the applicant have a representative? •Yes 0 No • If yes,list the name of the representative. RJ.Nutter,II,Esq.-Troutman Pepper LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) John M.Kemp—President Frank Gargiulo—Secretary/Treasurer Alan A.Abramowitz—Assistant Secretary • 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 1 1 P a g e Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 21 Disclosure Statement Disclosure Statement City Ofrvn*,Hiskth 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?I Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Louis Jones-Owner of Hollomon-Brown Funeral Home Bayside Chapel,Inc. 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 o'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? II Yes No • If yes,identify the company and individual providing the service Chris Rouzie-Cushman Wakefield 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 II No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the service. Rebkee,Josh Walls;Ratcliffe Architects 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 1 P a g e Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 22 Disclosure Statement Disclosure StatementNiB City of Vvgifio Brad, 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?Z Yes ❑No • If yes,Identify the firm and individual providing the service. Kimley-Horn 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?a Yes ❑ No • If yes,identify the firm and individual providing the service. R.J.Nutter,Troutman Pepper LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, coon 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. �-mws.gnea cr 4/4 EANIV.Zlit Applicant Signature eff Bainbridge Director of Real Estate Print Name and Title 2/280021 Date Is the applicant also the owner of the subject property? 0 Yes P No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE 011L 7 Afldisclosures must be updated two(21 tcee};s prior to any Pi.=^ning Commission and City Council meeting Met.pertains to the applicaticte, ►o chinos asof Date 09.10.2021 signature Print Nam* Hoa N. Dao Revised 11.09.2020 3 l P a g e Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 23 Disclosure Statement Disclosure Statement City a?Y vino each Planning&Community - Development Owner Disclosure Owner Name Hollomon-Brown Funeral Home,Bayside Chapel,Inc. Applicant Name Two Farms,Inc.dba Royal Farms Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? a Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Louis R.Jones-Present George W.Jones-President • 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?n Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Louis Jones Owner of Hollomon-Brown Funeral Home Bayside Chapel,Inc. 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 Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 24 Disclosure Statement Disclosure Statement Oitp`j t`eF6ti Bnrh 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 it No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? i Yes ❑ No • If yes,identify the company and individual providing the service. Chris Rouzie-Cushman Wakefield 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 I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Ilr No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g c Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 25 Disclosure Statement Disclosure Statement . 11/41/3 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 Pi No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. HOLLOMON-BROWN FUNERAL HOME.BAYSIDE CHAPEL..INC by Owner Signature Louis R.Jones,Property Owner Print Name and Title /.emuiS Z, 3 t1�s, e9ce3i /7 Date Revised 11.09.2020 7 l P a g c Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 26 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. Two Farms, Inc.dba Royal Farms Agenda Items 5,6, 7 Page 27 Prepared By: RJ Nutter,II,Esq.(VSB No.17774) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 19th day of July, 2021, by and between HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. a Virginia corporation, (hereinafter HOLLOMON-BROWN) and TWO FARMS, INC., a Maryland Corporation, (hereinafter referred to as ROYAL FARMS), and hereinafter both are collectively referred to as "Grantor" and each shall be indexed as Grantor; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee",and to be indexed as Grantee). WITNESSETH: WHEREAS, the HOLLOMON-BROWN Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia located at the southeast intersection of General Booth Boulevard and Princess Anne Road whose GPIN Number is 2414-05-0844 and which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; hereinafter the"Property". WHEREAS, ROYAL FARMS, the contract purchaser of the Property 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 0-2 to Conditional B-2. 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. The Grantor 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 B-2 are needed to cope with the situation to which the Grantor's' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor 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 GPIN NO.:2414-05-0844 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, the Grantor, 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 covenant and agree 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 the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property, shall be in substantial conformity with the preliminary site plan entitled "Concept Site Plan", dated June 2nd, 2021 prepared by Kimley-Horn Associates (hereinafter "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When developed the elevations and building materials of the convenience store, fuel pumps, canopy areas and the car wash shall be built in substantial accordance with the six-page exhibit prepared by Ratcliffe Architects entitled "Royal Farms #445, Virginia Beach, Virginia" and dated June 3rd, 2021 a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. 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. 6. 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. 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, 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, 2 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, the Grantors 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 the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the"Grantors"under this Agreement, and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. a Virginia corporation By: Name: hoar, 7, J 0Nes Title: 7j,na s id c3(= COMMONWEALTH/STATE OF VI 1 inn I CITY/COUNTY OF V,i\rr�.ir11(ti , to-wit: The foregoing instrument was acknowledged before me this dam' day of 0� 14 , 2021, by O c j S J-6-AR,S , who is personally known to me or has pfoduced VA O yi 1-(Y's Li C-e r'S'e, as identification, it /her capacity as Pry it/tint of Hollomon-Brown Funeral Home, Bayside Chapel, Inc., on behalf of the company. ti Not Public My Commission Expires: G Igo 12o 2q Registration No.-1 7.7 1031 o%t1IIr,, [NOTARIAL SEAL/STAMP] ``��7TAQ% $_ Wk' � z % ALTH \%� 111111 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: TWO FARMS,INC. a Maryland corporation By: . Name: Title: r.as, COMMONWEALTH/STATE OFkW* CITY/COUNTY OF Car rOk ,to-wit: The foregoing instrument was acknowledged before me this 2Q day of JUIIJ 2021, by .NC Y*A WO* , who is personally known to me or has oduced wets i-icense as identification, in his/her capacity asrhlJ f mwreki OffiCer of TWO FARMS,INC., on behalf of the company. MELANIE LYNN MINEHARTNotary Public • Carroll County aary c My Commission Expires: 0 t Registration No. � [NOTARIAL SEAL/STAMP] "4': % ,ccy-if ..p • a 5 Exhibit A Legal Description 113696166 6 . n 1 Chicago Title Insurance Company 1-, EXHIBIT A-LEGAL DESCRIPTION That certain lot, piece or parcel of land, lying and being In City of Virginia Beach, Virginia, known and designated as "Parcel A-1-A", containing 3.334 acres, more or less, as shown on that certain plat entitled "Resubdivision of Parcel A-1 Being a Resubdivislon of Parcel A, a Resubdivision of Parcels 13 & 13B and a Portion of Property of Nimmo United Methodist Chrch (M.B, 215, P. 99), Princess Anne Borough, Virginia Beach, Virginia', dated August, 1992, made by John E. Sirine and Associates, Ltd., and duly recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Plat Book 225, page 57. LESS AND EXCEPT property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia by Deed dated August 6, 2018, recorded August 17, 2018 as Instrument No. 20180817000682590. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Deed from Louis R. Jones dated October 19, 1987, recorded October 22, 1987 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 2684, Page 432. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Deed from Louis R. Jones dated June 7, 1990, recorded July 23, 1990 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 2926, Page 502. BEING a portion of the same real estate conveyed to Holiomon-Brown Funeral Home Bayslde Chapel, Inc., a Virginia corporation by Deed from D. Murray Malbon, Floyd E. Kellam, Jr., J. W. Buffington, Sr., John W. Wilson, James S. Ballard, Jacqueline K. Bonney, Phyllis L. Munden, Elizabeth W. Weaver and Betty H. Miller, Trustees of Nimmo United Methodist Church dated July 29, 1991, recorded October 24, 1991 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, In Deed Book 3027, Page 492 and by Deed of Correction dated November 18, 1991, recorded December 6, 1991 in Deed Bock 3038, Page 1718. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Ordinance No. 92-21949 from City of Virginia Beach dated November 24, 1992, recorded January 20, 1993 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 3173, Page 1583. 72C2706441 (SHTC19-1684.PFofSHTC19-1694i12) Items#5, 6 & 7 Two Farms, Inc. dba Royal Farms [Applicant] Holloman-Brown Funeral Home, Bayside Chapel,Inc. [Property Owner] Conditional Rezoning(0-2 Office to Conditional B-2 Community Business) Conditional Use Permits (Automobile Service Station, Car Wash Facility) Parcel at the southeast corner of General Booth Boulevard & Princess Anne Road August 11, 2021 RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our last agenda items are agenda items 5, 6, and 7. Two Farms, Inc. doing business as Royal Farms, an application for a Conditional Rezoning 0-2 Office, to Conditional B-2 Community Business and a Conditional Use Permit Automobile Service Station, Car Wash Facility on a parcel at the southeast corner of General Booth Boulevard and Princess Anne Road in the Princess Anne District. Mr. Nutter: Thank you very much, Chairman, thank you, pleasure to be here. For the record my name is RJ Nutter to represent the applicant Two Farms, Inc, which by the way goes to the Royal Farm Convenience Stores. This is a site, by the way, they have spent a lot of time on. And what I mean to commend the people in the church who are very involved in its application. But also would like to commend my client who has given me the authority to do things they've never done before. I can guarantee you this will not look like any Royal Farms you will ever see anywhere in the United States. So they gratefully accepted that challenge. And I'm glad they stepped up to the bar. Mr. Weiner: I'm sorry. People are having a hard time hearing you, can you speak up a little bit? Mr. Nutter: Yeah, I'm sorry. Yeah, I'm a little dry here. Two hours here, you get dry, but I wait to just commend our client and the people in the church. They've worked very closely together. Not everyone agrees. I wish everyone could agree on things. That's just the nature of things as they are today. But I can tell you they've been respectful through the meetings. My client has given me great authority to address the issues of concern to them. So I think you'll see that in the application. If I could go to the site plan if I could. This is an amazing site with the corner of a major intersection and access way to Sandbridge as we all know, and yet it's next to one of the oldest most historic churches in the city. That required a lot of thought and attention to detail. But to give you some example, this site is 3.28 acres. It has 1.58 acres of it is either preservation or landscaping. Over 48% of this site is landscaped or buffered.The site was moved furthest to the intersection as possible without interacting with any easements and so forth,the city has for the expansion 1 of these intersections. We have reduced the number of gas facilities from five islands to four. And so in addition to that, among the big issues we had with the church,as we went through ourfirst meetings,and we had three meetings with the church, back in February, April, and again in May, and then in June, we made another final concession which I will go over in a second. But anyway, the first meeting centered around an access way that we will be sharing with the church. Now,staff didn't point this out in the right-of-way in their presentation, but we found the application, staff was going to give us the right-in/right out on Princess Anne Road, a right-in on General Booth. And if you come down further, I don't know if you can, if you have an exhibit that shows it Hoa, but we were going to have a shared access way with the church that was permitted by staff. And at our first meeting with the church, they said, that's a major concern. They did not want to share that access way with Royal Farms. But from Royal Farms perspective,it was the only access way there that was a full access as a median break. So the only opportunity for them to turn left out of that site. So it took us about three weeks to convince them it was the right thing to do. And that's when we went back to the church after their traffic study, to tell them we've eliminated that access way. So that's why you see on old Princess Anne Road, all that area in green can be preserved today. The other nice part about it is the church owns a piece of land. Just below we see old Princess Anne Road and so what enabled the church to do by us staying out of that area is to close old Princess Anne Road and bring all that property into the church's property. So they'll own all the way down to —here's the area I'm talking about right in through here. They own all that property. In fact, they've already hired Mr. Bourdon to file a Street Closure Application if this application is approved. But that wasn't first major concession by my client.And of course, that put additional pressure on us to have a right-out on General Booth. And I won't repeat the discussion we all had this morning, which we're very insightful for all of us. But my client does need and want the access way right- in/right-out on General Booth as well. And that's why we would ask you to drop condition #1, on the presentation by staff. As we went forward, another concern came because we said we originally had the carwash over here. And even then it was over well over 100 feet to 150 feet to where the church was. But as our last meeting after we went through the access issue and several others I'll go thro ugh is that can you relocate the carwash. So Royal Farms agreed to move it from here to here. The carwash today is over 350 feet to the church. And I point that out to you because it should get what condition#8 eight had to restriction on hours of operation, I'm going to suggest to you in fact, I'll tell you right now, Princess Anne Road, the new Princess Anne Road,is 260 feet to where the church is,the distance from here to the church is 260 feet, this is over 100 feet further away than Princess Anne Road. So there's no impact of noise from this. And that doesn't count the eight foot fence we're proposing along here,which the church requested, instead of six foot they wanted an eight foot fence. And this, all this area then preserves the natural space. So the carwash is going to be over here, 350 feet from the church,behind an eight foot solid,you ought to see this fence,eight foot solid fence 2 and in here over 80 feet of preserved preservation or trees in that area. Finally we went to the — I say finally, the Historic Preservation Board and we went through two meetings and a site visit with them. And they did a great job and very thorough job if any of you ever been before, you go through every detail. This building is now all brick, covers have been reduced, the signage has been significantly reduced. Every detail of the carwash had been gone over in detail. Every lighting fixture has been amended per their request. Location and features around the building have been addressed.The roofline has been changed from their standard. And in addition to that they wanted us to use canvas awnings over the front; we wanted to use metal because it lasts longer. They said canvas is more natural. So we've gone to canvas, I will tell you, it's quite a record that Mark Reed and his staff put together and the vote before them was unanimous. And of course, they don't address land use; they address all the issues of the building, design, and compatibility. But they found those to be compatible and issued the Certificate of Appropriateness. So as a result, you've got an application that's been through the Historic Review Board. A site plan that's modified considerably by the applicant to comply with to reduce any impacts on the church and one, which I'm happy to say is really, I think one of could be one of the better neighbors they could have on this property. If it were developed 0-2 much more land could be impacted for parking than this would be, and also point out to you on stormwater based on the last discussion in the previous case. You will see no stormwater pond here. We got plenty of room for a stormwater pond on this property, except it takes out trees. So the applicants agreed to an underground system, which is far more expensive, more expensive to maintain, in order to preserve these large areas beside it. Well, I say almost 50%of the site is today preservation area or landscape. So I'll answer any questions you all might have, happy to do so. Thank you for the pointer. I'll leave it up here, Hoa. Mr. Weiner: Any questions for Mr. Nutter? Madam Clerk: We have several speakers. Mr. Weiner: Okay. Madam Clerk: Melody Jeffrey to be followed by Ronnie Guganti. Mr. Weiner: Welcome ma'am. Please state your name for the record. Ms. Jeffrey: Melody Jeffrey. Can you hear me? I have been a member of Nimmo United Methodist Church for 22 years. I am the Community Garden Coordinator. So you've probably seen the garden when you drive down General Booth, for 12 years. And I'm in support of Royal Farms proposal, I guess you should say. I attended two of the three meetings, I attended the first one because as the Garden Coordinator, I was concerned about groundwater because we grow organically 3 and we give our food away. So we have to be, I was concerned. Those concerns were dispelled.And I heard the concerns that came up at the meeting.And I went to the later meeting, I think it was May. And I was really impressed by the concessions that were made, by the follow up, by the listening to our concerns. And that gave me some assurance that I would trust Royal Farms as a good neighbor. So I don't know what more we can ask for from my perspective, I don't know what more we can ask. I feel like they've done a good job of hearing us and responding.And, and in writing. So I trust them as a good neighbor.Thank you. Mr.Weiner: Thank you any questions? Mr. Redmond Can I just say I'm a gardener too and you have a very nice garden. So well done. Ms. Jeffrey: Thank you so much.Appreciate it.We were at 1000,over 1000 pounds given away so far.And we give to food pantries and to seniors up at Sullivan House, basically anybody who needs it. So thank you so much. Mr.Weiner: Good for you,you're doing Lord's work. Madam Clerk: Ronnie Gauganti followed by Jack Calhoun. Mr.Weiner: Welcome ma'am. Ms. Gauganti: Hello,everybody. I've been a resident 24 years down here.And I don't know if you all know through experience that promises made are never promises kept. Basically, I trust no one.Why?Because we have already on that street a 7-Eleven, we have a Harris Teeter with gas. Across the street from that on Upton Drive we have another 7-Eleven and then farther down, you've got a Mini Mart. Tourists coming back,going west,stop in the Mini Mart. That street there,going in Princess Anne which is not even completed yet, it's like a minefield there, is what I call a kill zone. Because somehow these Royal Farms and I've been in them, it's a convenience store. Nothing more,nothing less. Their claim to fame is chicken. But you can get chicken at the Harris Teeter,you could get chicken at Food Lion,you could get chicken at Wal-Mart.And if you're really adventurous,you can go to KFC, which is a half a mile away. There is nothing special about this. It doesn't add anything to our neighborhood. It makes it more dangerous, because people on General Booth coming in to go to Sandbridge are going to make hairpin u-turns to get to the Royal Farms, where I've already almost been clipped by the hairpin u- turns at Upton going into the 7-Eleven. This is poor planning. It is poor road planning. You have not even finished Princess Anne yet.And if you want a good use for the facility,and you want a good use, you should put an EMS station there. You know why? Because from Friday night to Monday, all there is constant — constant accidents. I can't even tell you how many times I've just sat there and shook my head because people driving, holding their phones or drunk, usually on a Sunday are running into ditches, roads, I hear the guards going constantly back 4 and forth.You should put an EMS station there because Sandbridge needs it.Give those guys a break, all they do all weekend is addresses the crashes. And for some reason Royal Farms is the Pied Piper. Although you have other convenience stores, I've traveled Route 13 with Royal Farms. It's a convenience store. Thank you. Mr. Weiner: Thank you ma'am. Any questions? Madam Clerk: Jack Calhoun, followed by Rene Haynes. Mr. Weiner: Welcome Sir. Mr. Calhoun: Good afternoon. My name is Jack Calhoun, and I'm a member of Nimmo United Methodist Church. I've been there for about 35 years besides that, but I'm just a youngster as far as the church is concerned. It's been there for over 230 years. And it has seen a lot of things in its time. It's been the site of tent meetings. It was used as the hospital during the Civil War, many, many things. A lot of prominent citizens of Virginia Beach were members of Nimmo and are today, and some of them were buried out there in that cemetery. Many of my friends are buried out there in that cemetery and I go out there often.And I see people. They're out there visiting loved ones who passed before them. And I'm concerned about the noise that's going to be generated. Not maybe so much from the carwash, I do n't know. The graveyard is really my concern and just the aesthetics of this historic place. For me build that columbarium out there.The Historic Review Board is very careful that we placed it so you couldn't see it from General Booth and I'm not sure that's going to be the case today. I mean in the future if it is built. I've seen people out there mourning quietly. I've seen them singing to grave sites. I've seen a man dressed in kilts playing his bagpipe walking back and forth. People when they go to mourn their loved ones, they want a quiet, serene place. And I'm afraid that little by little that quiet little country church, things are being chipped away slowly, but surely. Thank you for your time. Mr. Weiner: Thank you sir, any questions? Madam Clerk: Renee Haynes, followed by Donna Franken. Mr. Weiner: Welcome. Ms. Haynes: Hello,my name is Renee Haynes,and I'm a lifelong resident of Virginia Beach and a 16-year member of Nimmo United Methodist Church. I am opposed to the rezoning of the parcel of land adjacent to the church, where Royal Farms convenience store, gas station, and carwash are proposed to be built. I've heard all the reasons why the land was sold to Mr.Jones and what the members originally 5 thought was going to be built on the land. And I of course sympathize with them. But my main reason why I believe the zoning should not be changed is because of the historic nature of the church. It is a landmark jewel of Virginia Beach. Nimmo Church was built in 1791 and has seen so much history. It has survived damage from federal troops, hurricanes, and unfortunately severe water damage, which has led us to here now. In my capacity of running Nimmo's Garden food pantry, I've been asked to give tours for people just stopping by on vacation to visit the old church. It was also a stop on the tour forJuneteenth. Many citizens are amazed at how old the church is and its history. So no matter how nice the gas station will be, and I harbor no ill will towards Royal Farms. It still will be a gas station and it will drastically impact the look of the church. I feel it's just not compatible with the church that has been around since the days of George Washington.All the history of the church needs to be showcased and prized by the City of Virginia Beach. I understand that Councilman Mr. Louis Jones owns the land. But I would hope that he would want to leave a different legacy to Virginia Beach instead of just another gas station, surrounded by a sea of gas stations. A museum, a park, a welcome center, and yes, even a funeral home would be a better legacy. And one he could truly be proud of. One that all Virginia Beach citizens could be proud of too. Thank you. Mr. Weiner: Thank you.Any questions?Thank you ma'am. Madam Clerk: Donna Franken to be followed by Bob Longworth. Mr. Weiner: Welcome. Please state your name for the record. Ms. Franken: Donna Franken. Thank you. You're welcome. I'm here today for my family, myself, because we have been both physically and spiritually involved in our church, Nimmo United Methodist for decades. My husband and I have been members for 41 years, a long connection with Nimmo. I am in opposition on the zoning change from or 0-2 to B-2, further a 24/7 gas station is so far removed from the first proposal of a funeral home. Allowing Royal Farms to build and operate a 24/7 business directly in front of Nimmo Church and a sacred cemetery is unacceptable. The change of zoning is not compatible with the historic land, that Nimmo Church, my church and its cemetery have been since 1791. Allowing a change of zoning will adversely affect Nimmo Church now and I feel in the future. On a personal note, I feel and have felt deeply a deep responsibility to protect Nimmo, my church. I feel as though a baton had been handed to me as the gatekeeper for past generations. I think of the past members like Floyd Kellam, Murray Malbon, John and Mildred Wilson, Donovan Bonnie, Betty Miller. All were prominent, respelled citizens, pillars of Nimmo United Methodist Church, I learned a lot. They were here raising their families in our beautiful city. They and others would strongly resist at what is being proposed. They would wonder what has happened to the city government of Virginia Beach.They deserve our,they deserve your,deep respect. 6 So in closing, I strongly urge you to vote "NO", and denying the request for the zoning change.Your"NO"vote will ensure the protection for historic Nimmo United Methodist Church and our cemetery. This is what I feel --this is what's best for our city, your city, our children,your future and our future. Thank you very much. Mr. Weiner: Thank you. Any questions?Thank you. Madam Clerk: Bob Longworth, followed by Gene Estes. Mr. Weiner: Welcome, sir. Mr. Longworth: Good afternoon, sir. I am Bob Longworth, President of Nimmo Cemetery Association. I come here today to speak on behalf of those who have rights to be buried in historical Nimmo United Methodist Church cemetery and to speak for those cannot be here, those mortal souls now resting within the cemetery. We are against this proposed gas station adjacent to the cemetery. This will have a potential financial impact as well as not being able to sell plots along the western boundary of the gas station, which in turn will affect the perpetual care funds in maintaining the cemetery in the near future. Many founding families of the old Princess Anne County and of this City of Virginia Beach now rest in the cemetery, the Kellams, the Malbons and Ethridge's,to name a few.They would all be against this project. And again it is not compatible to this area. Imagine conducting a funeral service in there and the cemetery listening to car washes and vacuums and all the noise that goes with a gas station. At the last meeting of the Historical Review Board members said it was not in their purviewto yea or nay on the project, just the architectural design, but members opposed to this also stated it was the worst use of this land. On Sunday, the 1st of April, Beacon shows the legal notice of the board meeting and the words Royal Farms and Hollomon-Brown Funeral Home. It is not Hollomon-Brown profiting fromthis sale. It's Louis Jones,the owner Hollomon-Brown,a sitting city council member making a profit of the land. It clearly shows that Louis Jones does not care about preserving the historical cultural district of the church and the cemetery. Is this how the city regards the historical preservation of this area?Thank you, gentlemen. Mr. Weiner: Thank you. Any questions? Madam Clerk: Gene Estes, followed by Daniel Franken. Mr. Weiner: Welcome, sir... Mr. Estus: Good afternoon. I'm Gene Estes. Let me first say I appreciate, I've been involved in the meetings that Mr. Nutter has had with us regarding this project, and I appreciate the concessions that the applicant has made to the historic church and to lessen the impact on the church. But I still oppose the Royal Farms proposals 7 on the grounds of incompatibility with the Nimmo Church historical and cultural district in which that property resides is not adjacent to it, it's in that -- it's in the district. I'm a 45-plus year member of Nimmo United Methodist Church, and by marriage a member of the Ernest Brown Family some of you may recognize that name. A family that's worshipped at the church since its founding in 1791. For decades, Nimmo Church has been proud to have lent its name to the city's historic and cultural district program. Over 230 years of historic, religious, cultural, and inspirational contributions to the community stand as a beacon to light our way into the future. I'm not opposed to the development of the property in accordance with the current 0-2 zoning. An office or professional building would achieved desired compatibility with historic and cultural district objectives.And I understand that the city cannot dictate who buys a property,who sells a property, or decide whether there's a market for the use of that property. But I believe that the city does have a responsibility and an obligation to control the use of a property.And that's why you guys are here. As I read Article 13 of the City Code, I believe that that obligation with regard to a historic and cultural district is broader than the Historic Review Board's architectural review and approval. Article 13 says, and I quote, that it is the intent of the City Council to protect the historic significance and integrity of the properties within such districts. In that light,today's consideration, I believe, must address whether it contributes to preservation of the historical and cultural foundations of the city. Does it preserve the city's legacy of cultural, inspirational and other benefits for future generations of city residents? Does it protect the historic significance and integrity of the properties within historic and cultural districts?Article 13 goes on to say that the intent is to assure that new structures will be in harmony with their settings and environment. I don't believe that the proposal will achieve those objectives. Can you imagine burying your father,your wife, your child in the Nimmo cemetery against the backdrop of automobile and carwash noises? In the last six months I've buried both my wife and my mother-in- law and that cemetery. I cannot begin to imagine what those services, what standing over their graves today will be like if Royal Farms operation comes in and adversely impacts the traditional peace and tranquility. Mr.Weiner: So thank you for your comments.Any questions? Madam Clerk: Daniel Franken followed by Susan Patrick. Mr. Franken: Good afternoon.I want to follow up with Gene's comment for... Mr.Weiner: Your name for the record. State your name for the record. Mr. Franken: Daniel Franken. Mr.Weiner: Thank you. 8 Mr. Franken: Two vignettes from my life that are relevant to this discussion here today. When I was in high school, I worked for Fritz Younger,afarmer,for 50 cents an hour,room and board and a side job I had was mowing our churches cemetery, and gravel road and farming Iowa. And I had plenty of respect for cemeteries before I had that job, but two years of working on a cemetery and having people come and visit and come talk to you while you're mowing late in the day or on Saturday and you really get an appreciation for the specialness to many people. Like Gene right there and us, we are planning to be buried there, about a cemetery. It really ought to be treated as a sacred place. And I don't think anywhere in this whole discussion Nimmo, writ large, is being treated as a sacred place. I think the categorical imperative, the overall imperative; this project ought to be that Nimmo is not harmed.And frankly, I think right now,with what's got momentum to happen there, it'll be an existential threat to Nimmo's long-term viability.We all know about church attendance across the nation and all that. And this will change the environment forever. Big 100 foot trees densely packed will all have to come down, the ruts as well for tanks,concrete in there,and the vista, the setting for Nimmo will be forever changed and not in a good way. And I just say that from experience and having been there 40 some years of Nimmo and 50 some years of Virginia Beach. I think this is something that we really ought to say no to. Now, the strategic context for this discussion couldn't be more of a paradox. Global warming arrived this week in a very official way, it's here with us. It's all hands on deck,that's a red alert warning. And we're having a discussion about at its core, putting in a gas station, which is a sunset legacy system, which 10 or 15 years from now, all of a sudden all the gas stations are going to be on the market in Virginia Beach, as electronic vehicles have made a fast approach. And I think they'll be embraced faster then we know and expect and all of a sudden we're going to have a whole bunch of poisonous tanks to have get rid of. I'd be happy to answer questions about an alternative use for this property if you ladies or gentlemen like to ask. Thank you for your time. Mr. Wall: Any questions? Mr. Horsley: Mr. Franken, what do you think an alternative use would be? Mr. Franken: I think the original proffer was pretty good.And that was a proffer between a bunch of very distinguished ladies and men from Nimmo and Mr. Jones. And I think I a funeral home, that may not be a very up market right now, would be suitable their property in those trees, leave a bunch of standing trees and have a sufficient size funeral home that's not 24/7, and it doesn't destroy the landscape. The landscape shown in here is going to be destroyed,the front of the face of Nimmo which looks north northwest will now be looking at a very,very unusual scene that's never been in it's 250 year history. Never out the front of the church, where you go into go into the sanctuary, those flanks of Nimmo are bordered now by a more distant Princess Anne Road, and General Booth Boulevard.And the flanks are relatively benign,as behind the church is woods and residents; the front is what's going to get 9 destroyed.And I think over time,we've been there 40 some years.We've heard a lot of people come in there,why they stay, why they like the church. It's history, the people,the heritage, and all that will destroy it.And then you'll be in the same boat that so many churches in this country are in and not making it. The second vignette from my life,working in college at a truck stop before I went to Navy,trying to stay alive because I was a starving student,11 in the night and 7 in the morning, three nights a week, 24-hour truck stop. You know what happens in 24 hour operations? Everything.Another alternative use,the city could buy that property. Make it a green spot. It's got carbon water absorbing potential right there, it's already acting as a giant carbon some and water consumer, if you could build a city that had those bordering its roadways, we'd have a lot less water runoff problems,we're going to destroy it all. Mr. Horsley: Did you did the church ever consider buying it for future cemetery expansion? Mr. Franken: I don't know of that history about it. I do not know that. I don't know. But the church cemetery is getting fuller. There's a specialty about that church and it's hard to articulate. You have to spend a lot of time there. But it'll all be destroyed by this going in there.All of this boundary and all that stuff is low level stuff.We're talking about what this colonial church looked at for the last couple of 100 years. Mr. Horsley: Just to let you know that it appears to me that this outfit has done an excellent job of trying to preserve as much of the trees and whatnot as they possibly can. If you put go with an office building,they're probably going in there and all the trees to be gone.And then you got parking spaces. So but that's just a thought,you know, and I'm wanting to know if the church had ever considered you know,if you thought they'd ever considered expanding. Mr. Franken: I don't think they have that kind of money. I'll tell you another use for this place. It may sound pretty unusual. This is the basically the boundary between the city and the county on South. That'd be a wonderful welcome center or rest area for travelers. In and out, leave a lot of the trees there, walkways, whatnot. Put a memorial up there memorizing Louis Jones 40 years of service to the city. I'm serious. I'm serious. I'm serious. Mr. Horsley: Thank you, sir. I appreciate it. Mr. Franken: All right,thank you sir. Madam Clerk: Susan Patrick followed by Kenny Watson. Mr.Weiner: Welcome ma'am. State your name for the record. 10 Ms. Patrick: Excuse me. I'm Susan Patrick. Thank you. And as a member of Nimmo United Methodist Church, I am speaking to issues not mentioned by your staff planner in his review. First Royal Farms, Mr. Nutter and Mr. Louis Jones, was told by the Historic Review Board that they had met the needed specifications asked for by the Board. But each person on the Board also stated that the land use was better suited for other uses,than the present request.The Board said that their input was limited, but they apologized. Also in the application of evaluation and recommendation, it refers to Nimmo as the Church, but never mentioned the cemetery that is situated between the church and the property in question.At the Historical Review Board, I was the one that suggested that they move the carwash because the proximity was unbelievable.And I was the one that told the architects how they should move it, crazy for a school teacher. So we are not just talking about the church,we're talking about the cemetery also. The carwash sits right behind cemetery.He measures from the church,not the cemetery.Atthe Historical Review Board, I would suggest moving it further back, and Royal Farms did agree to do so. But the materials used in its construction have little sound abatement materials such as brick, rather than glass windows. Not much help. Mr. Nutter himself asked me at an open meeting at Nimmo if I would agree to the project if he used brick on the carwash. The question did not merit a reply.However,they know it is an issue. Imagine losing a loved one or a friend, and listening to the whirling and clanging of the carwash during a funeral service, or while visiting the resting place of someone you care for. Is that what you want foryourfamily or friend?The carwash is totally inappropriate since there are several close by. What the community does not need is another gas station, nor carwash. Also who will oversee the Royal Farms will actually fulfill their promises into perpetuity and is in writing. One would think that Mr. Louis Jones. Ms.Weiner: Ma'am, thank your comments.Any questions for speaker? Madam Clerk: Kenny Watson. Mr.Weiner: Welcome. Ms.Watson: I'm Kenny Watson. I've been a resident of Virginia Beach in the greater Tidewater area, almost my whole life just as a background. I love Virginia Beach. I wouldn't want to really live anywhere else. I do object to this Royal Farms being put on this property for the reasons that everyone else has objected. So I won't go into all of that. I do understand that it's in a historic cultural overlay district. Not sure what that means. But I just think it's a shame to destroy a historical area of this sort. Flooding is a big issue for me. Right now, I don't I'm not aware of flooding being taking place right at the corner of General Booth and Princess Anne Road. And that shouldn't take down all those trees.Trees can absorb up to 150 gallons a day of water or liquid. What happens to this water? You know, if you plant trees 10 miles away, it's not going to help this corner. I think it's just a real issue here.Also, 11 the trees help filter air.And it's a noise reduction already from the trees that have been cut down in the median along General Booth.Not that many trees but enough trees. The people that live in that side of the crescent have seen a great noise increase.The other thing is we don't really need another gas station of any kind, right in that area. Maybe in other areas. I think that Royal Farms wants to build a gas station in Virginia Beach. I think there are a lot of areas where they wouldn't have to tear down all these trees and put it in a historic area. I guess that's about it. But I thank you for listening. I hope you will take it into consideration what everyone has said. Mr.Weiner: Thank you, ma'am. Any questions? Madam Clerk: Louis Miles. Mr. Miles: My name is Louis Miles. I'm a Virginia Beach resident.As matter of fact, I live on Matthews Green road. I just moved here from Los Angeles about five years ago, my wife and I, both retired healthcare workers.And we found this beautiful city. And we moved here and we absolutely loved our neighborhood. That 7-Eleven is in our backyard,that was just built there,that's in my back yard. I'm sitting in family room, I am in my master bedroom, or in my guest bedroom,we're looking right at that gas station, we hear all the noise,you know,that emanates, though,that will emanate once it opens from that gas station. This Royal Farms, I'm going to be able to look right at that Royal Farms, again, another gas station that we absolutely do not need.I'm opposed to a Royal Farms, or any other type of gas station coming into this neighborhood. I was not prepared to speak today. I just went outside and put my name on the list just two minutes ago. So you know, please excuse me, this is going to be short. I just want to express my opposition to this.And primarily because we live there, and we and our home,we're looking at these gas stations, 7-Eleven.And I will be able to see and hear this Royal Farms all night long, as well as the 7-Eleven gas station. 100% in opposition. Mr. Jones, I'm not sure who he is, as I said, I just moved here. If he's the former mayor, I wrote a letter to him once we moved here. Telling him what a great city this was and how happy we were to be here. I had no clue that all of these changes would be coming. But in any case, please consider in maintaining the integrity of this Nimmo Methodist Church and its historic cemetery and maintain the integrity and the beauty of Virginia Beach. And you know,this city and this neighborhood. Please consider my opposition to Royal Farms. Thank you. Mr.Weiner: Thank you,any questions? Ms. Oliver: I have a question. Sir,what street did you say you lived on? Mr. Miles: I'm on Matthews Green road. 12 Ms. Oliver: I cannot find it. Mr. Miles: I am right behind the 7-Eleven. I am looking right at it. Mr. Weiner: Is this your house at 90 degree turn right there. There's a pointer right in front of you. Ms. Oliver: Okay, so I see Matthews Green, so you are in there right here. Mr. Miles: Yeah, Matthews Green Road. I think there is a 7-Eleven right there are the bottom there. And when that opens, it is not open yet, but as I said I am going to hear and see everything and that means Royal Farms, right down that corner same thing. I am going to be look out and see and hear everything that is going on. Car washes, people, you know, playing the music as they pull in at 2 or 3 o'clock in the morning or whatever. I can hear and see all of that. And you know, I was so happy when we moved into this neighborhood, you know,just one of my neighbors here Red and, you know, he can tell you just how happy and pleased we were. It was a beautiful neighborhood. Please do not destroy the integrity of the neighborhood and Virginia Beach, you know, Virginia Beach, we were so proud and happy to move here and we looked all over. My wife and I, we decided on Virginia Beach and I just think it is a great place to be in and after all of this I am going to pack up and move. Ms. Oliver: Oh. don't leave. Mr. Alcaraz: I know you just said you bought the house. I don't know when, but that 7-Eleven has been there for over 20 years. Mr. Miles: That 7-Eleven was another 7-Eleven that had no gas station, and that 7-Eleven was totally hidden by trees. We couldn't see that 7-Eleven. Once they put in this new 7-Eleven they ripped out all of those trees and put up this huge 7-Eleven with a gas station. It's not even open yet. It's about to open pretty soon. And it's going to be the exact same thing. As I said, I will be able to see that Royal Farms is coming and hear it all night long. Mr. Weiner: Any other questions? Thank you, sir. Madam Clerk: We have one final speaker and it's via WebEx, Natalie McCarthy. Ms. McCarthy if you would please wait two to three seconds and then state your name and begin your comments. Ms. McCarthy: Hello, my name is Natalie McCarthy. I'm a resident of Virginia Beach. And I would like to oppose this proposal. While I'm not a member of the Nimmo Methodist Church, I am from that neighborhood of Virginia Beach. And driving around that 13 corner with the grouping of trees and seeing the historic church has always been a really special memory of Virginia Beach for me.And I would also like to recognize all of the hard work that Royal Farms has been putting into this proposal. And I appreciate that the concessions that have been made. But I think the core problem is that this is just not an appropriate site for a gas station. And in addition to the statements that have been made by others, already, in this meeting, I would like to point out that the proposal recognizes that this current property is 1.16 acres of wetland, that's the number provided in the proposal. And, and that over one half of that number would be impacted by this development. In addition to the trees that are being taken down,for right of ways into that new 7-Eleven, or the updated 7- Eleven. And the extension or the new Princess Anne Road, that's a significant amount of tree loss. And while I appreciate that there has been work done on site to understand how storm water will be affected, I think where we get into trouble here is looking at storm water as a parcel by parcel problem. And when really we have to look at it at city wide, and also the historic character of this area would be severely impacted by the location of a Royal Farms. As others have pointed out directly across the street from the 7-Eleven that provides similar services. I know that work has been done to address the historic character of the architecture and the buildings and but there is just no getting around the fact that it is a 24 seven gas station next to the oldest continuously run Methodist Church.As others have pointed out next to a cemetery, next to a beautiful community garden, and the impact environmentally, the chemicals and gas and carwash on wetlands, and adjacent to all of these other facilities. So I just wanted to state my opposition. Thank You. Madam Clerk: No more speakers. Mr. Weiner: No more speakers? Mr. Nutter? Mr. Nutter: As I said, as we began this, it was clear that we would have to take a lot of issues with the church to make sure that the area was preserved. And I'm very proud of the fact that the application that's submitted does exactly what we said we would do. Couple of things I'd like to point out, Historical Review Board just does not exterior materials of the buildings, it reviews the site plan. In fact, the very document that, one of the speakers, Mr. Franken, spoke off. It has to also prove that it is in harmony with the objectives of their ordinance, which is to preserve historic features. They voted unanimously, in this case, unanimously, but they're not the be all and end all you are, and the council is of course. So my point to you is this site was never going to remain a fully treed site, ever. It was going to be developed one way or the other. And I would submit to you that an application for a gas station, at this location is more than appropriate. That's where they're located. This they're not located at the perimeter of residential areas, they are located at major intersections. They worked with staff on the access ways. And we've indicated to you, right in right out on General Booth has will not affect the 14 impact on General Booth. And more importantly, if we didn't have the access right out on General Booth, we would have a greater impact on the intersection, which we don't want to do. So I would submit to you that the application meets all the objectives you have. That the applicant of this case has generated amazing restraint by preserving as much of the trees as possible on the site. And it comes to you with all of that, and I'm sorry we couldn't have more supporters here. Many of them,two of our speakers tested positive for COVID last week,several speakers are at work today and couldn't appear in favor. But I guarantee you we work with the church; this is not the only position that you're hearing today. So if I could, I'd like to address the two conditions as I did earlier, namely that we would oppose condition#1 and 8. One, condition#1 restricts which restricts the access, right-in only on General Booth. We propose to right-in/right-out on General Booth, so we would like to suggest that you remove condition#1, which restricts the right in only access on General Booth where we proposed to right in right out. And secondly, condition#8, which restricts the hours of operation for the carwash. As indicated to you this car wash is over the full length of a football field from the church. In fad, Princess Anne road is 100 foot closer to the church than this carwash would be. So there's no reason to restrict use of the carwash to the hours that were suggested to you,none whatsoever. I'll also point out to you that they use silencers in this process, and the only noise that comes from this is fully automated is the blowers at the end of the system. And they're largely contained within the building. So at any rate, we're not going to have an impact on those properties. It is going to be a change and change is hard, I understand that. But I don't think anyone's come to you with an application to preserve this much trees, you only utilizing 48% of the site, with full cooperation with Historical View Board. So Mr. Chairman, I thank you for the opportunity to speak today. I hope you've been able to hear me and I appreciate. I'm happy to answer any questions you might have. Mr. Weiner Miss Oliver Mr. Nutter Yes. ma'am. Ms. Oliver: Mr. Nutter, can you tell me whether or not this property, you know, and I understand that Mr. Jones doesn't want to develop another funeral home in that area, which is understandable. But was that property ever offered to the church? Mr. Nutter: Yes ma'am, it was. According to Mr. Jones, when he got the property under contract. And by the way, one of the letters to you all indicated that Mr. Jones bought the property from the church, that's not correct. Now, Mr. Jones, bought it from a third party, and when he got it under contract, he went to the church and offered it to them to not to flip it for profit, but to sign the contract to them. What I understand they could not afford at that time. Later, years later, he went back to them and indicated that he would accept an offer for the property and no offer was tendered. I don't know all the facts. I wasn't there to either these meetings, but at two separate occasions, he's gone to the church with an offer for this property. 15 Ms. Oliver: Mark Reed, he is very thorough, very thorough in his position and so I don't doubt that he was very careful and thoughtful in that regard. It's unfortunate that the church was not able to purchase the property for expansion of their cemetery.And I really understand that and it is unfortunate in that regard, but the other thing, I just want to clarify. I think it's the other map, do you?Am I correct? It's about an acre between the carwash of solid wood in their natural state?Yes, ma'am. Is that correct? Mr. Nutter: That's correct.You see that? Ms. Oliver: There's one acre there along the border of the cemetery because I pulled it up on Google just so I could see the cemetery's location according to the carwash with a privacy fence,and can you describe the privacy fence?Please? Mr. Nutter: That's okay. I wish I have never in my life seen a fence this dense.We proposed an all-weather low-maintenance fence to the Historical Review Board. And we proposed it in a light brown. And they rejected that. They wanted a fence with greater texture.They wanted it darker. So we found a fence that looks like real wood that has greater density than the wood we're looking at right now to absorb sound. It is eight foot tall. I'm sorry we didn't bring it today because I've never seen a fence like this in my entire career.And so that is going into that whole area. In fact the reason it went to eight foot is at the last meeting with the church,they said would you make it eight feet instead of six.And we said yes. So in fact,one of the members of the Historic Review Board said you make a motion. They've done everything we've asked. Everything we've asked. So I don't think there's one thing that we haven't considered. Ms. Oliver: So RJ at the narrowest point on that between the woods and they're leaving, I just want to make sure I understand that, that area to be preserved, is in its natural state. It will stay that way, right? Mr. Nutter: One could change, I'll tell you.The narrowest point,which we are closest, is a 35- foot wide area. And inside that 30-foot wide, it's a 25-foot wide easement. If you see there,the power lines --so the board members asked us said that would you consider asking Royal Farms to put in low level shrubs that wouldn't grow more than like 13-14 feet because you can't hit those lines. So at the narrowest point when we consider that and we said yes,we would. So in addition to preserving the trees off of that area,within the easement area,we were going to try to plant shrubs in that narrowest portion, it was 35-feet wide for the buffer. Mr.Weiner: Any more questions. Mr.Wall: So the parallel easement runs the entire length of the property line, is that right? 16 Mr. Nutter: Yes sir, its 25 feet. Mr.Wall: It's not full dense.That area to preserve, it's not... Mr. Nutter: It's not as thick, right. They don't have the big trees like we do on the other sides. Mr.Wall: And that easement is actually on... Mr. Nutter: It's on their property, yes sir. In fact we walked that line to make sure we were not impacting any grave sites along that area to make sure. So we took that very seriously, obviously, and we also did some searching with some sonar equipment to make sure there was nothing in there and we haven't found anything. Mr.Wall: How did it become part of the historic district? Mr. Nutter: It's a great question because it really was added relatively recently. Mr.Wall: The districts are typically. I mean, the private homes, I mean, districts are the 12. And they're very specific to the location and so that wooded area right there is actually since it's not on the church property, I'm surprised that it would have been included in the district itself. Mr. Nutter: I wouldn't be surprised if the church wanted it put it in there to be honest. It would have been offered so that they could at least control the architecture and site plans and so forth. Mr.Wall: Probably nobody has. Mr. Nutter: And frankly, to Royal Farm's credit, the new stores like, I mean, it's nothing like you're going to see at other of the stores,even got down to the colors.They had raw brick, they said take that out, this is supposed to be a simple quiet area. Anyway, we agreed all everything they requested. Mr.Wall: What about—did anybody requests?I'm just curious about the carwash? It seems like that's kind of passé. I've seen many locations, current gas stations and they are boarded up. They're not used anymore. I mean, there plenty of car washes, automated car washes in business, but I mean, I know one at Independence and Lynnhaven that boarded up. Mr. Nutter: I think with the travel at this location -- they're not expecting any issues there. I mean them... Mr.Wall: It was more just the use because it seems like a big issue is the noise generated? And I know it's generally been addressed, maybe technology is improving on that 17 and I think you brought up the blower at the end. I think one of the bigger issues is the carwash itself. And it seems like it's an accessory unit to this structure. Mr. Nutter: Their guests frequently use it and onsite is one reason to come here. It's easy to get in and out. And they offer a discount like many gas stations do if you buy gas there; you get a discount on the carwash. So it's an important element. And that's why we moved it because we can move it without impacting their operations and still apply with what the church was concerning with, about distance and noise. Ms. Oliver: What are the hours that they? Mr. Nutter: We were requesting 24 hours like... Ms. Oliver: 24 hours for a carwash? Mr. Nutter: You'd be surprised in the evening people coming on the way home or on the way to work or early morning. Ms. Oliver: So the conditions are eight-to-eight. That's what I was asking. I thought that was. Mr. Nutter: Yeah. Very few car washes have any these days have the restrictions like that, particularly locations like this. Mr. Weiner: Any other questions?I appreciate your time. All right, we will close this and open up for discussion and Mr. Inman. Mr. Inman: I have to admit, when I first saw this application, I was really surprised. I was surprised. Not necessarily because it was next to Nimmo Church, although that was part of it. But because what we have going up across the street, what's down the street, around the corner?That's the same. I couldn't believe they wanted to get in there and compete with all that. But also, that being what it is, it is zoned 02 offices, zone for office. An office park, small office park up to three buildings would be nice in there.Apparently, nobody's thought that's a great idea yet. But is this really the highest and best use of their property?That's how we judge things for zoning, changes of zone, what's the highest and best use of this property?Well, don't we have to take into account that it is in fact located in a historic and cultural overlay district. That's what it is. That's what we're being told it's in our comprehensive plan. It's in an overlay district, for historic and cultural. I don't see anything historic and cultural about a gas station and a carwash that adds anything to the property in that context. It has a negative impact, many negative impacts that people have talked about. We've got traffic issues that nobody seems to be able to get totally comfortable with in the right in and right out access issues. I was impressed with the cemetery speaker. I mean, think about those aspects of, of the use of the property. Maybe that's why it was put in a historic and cultural overlay 18 district. I'm blown away that they were able to get a letter saying that it was, and yeah, give them all the credit for making all these adjustments in architecture and materials and all that but, it's still a gas station, and a carwash and gas pumps and 24 hours. Is that really consistent with the comprehensive plan? Is that in harmony with as the gentleman I think was Gene,whose stated you know, read from the, from the text that I don't have in front of me for the Historical Review that new structures are supposed to be in harmony with the existing.They tried, but I don't -- I don't know that that's really in harmony, in my opinion.An office park design could be managed, so that there would be trees remaining sufficient to not have the impact on the neighbouring properties visually and sound wise. I'm opposed to this application.I don't think its right forthe area and it is not right with this property. Mr.Weiner: Mr. Graham? Mr. Graham: I agree with Mr. Inman and I am kind of ashamed to myself for really kind of focusing on the right-in/right-out and I think after hearing the speakers and really thinking about it,this is a high impact use.At the end of the day, it's a high impact use.It's a traffic generator,it makes noise.I mean, we're hearing that it's impacting a neighborhood, it's impacting the church, and it's impacting a cemetery. I mean, I get it, it's a busy corner. It's a great place for a gas station from a business standpoint. But from a land use standpoint, I don't know that it's the best use for the site and again, high impact. I'm afraid I'm probably not in support of this,unless I hear anything different. Mr.Weiner: Anyone? Mr. Redmond: I don't agree with that, don't agree with Mike either. It's a corner lot on General Booth Boulevard.And it's a stand of trees. It's not a structure. It's not a church built in 1791. It's a piece of land.There's nothing historical about one piece of land over another piece of land.The Harris Teeter shopping center not far from us is within the historical and cultural district.There's a bank on site. There's a grocery store on site,there was at one point I think a Tropical Smoothie, sell your stuff on eBay store. So the designation — they lay these broad designations over these, you know, large areas, whether they're buildings, new old land, or just about anything else, I think that probably says more about the nature of our historic and cultural districts not being anywhere particular enough to me than anything else. It looks to me like if I thought this would impact the church negatively in some way. I'd be right there against you. I don't know that would have any impact on the church whatsoever. It has a huge buffer,a fence in place.The church has been here,was founded in 1791. So it's survived the Civil War, two world wars, countless recessions, depressions,and rotten presidents are all the rest of it, I have every expectation that Nimmo Church will survive having the property which is adjacent to which in which they don't own being developed in a way that frankly, I find compatible because of all that buffering.And all that by I'm not sure you even know 19 it's back there, --the car wash is 350 feet from the church.And I think the decibel level,we measure these things from time to time,and it comes out,you know,the car washes have a decibel level is something like you know,a box fan and a kid's you know, college room or something like that. So I don't I mean, I don't see this as a particularly crazy piece of property in any way. And it seems to me there's a great deal of care that's been taken in terms of its design, its layout, and its architecture. Mr. Nutter is exactly right?You go to architectural review boards, it is not like they go, "Okay, easy." I mean, they put you through it and if it got unanimous approval at an Architectural Review Board,then you better have done your thing right, and that's what I think they have. So, General Booth Boulevard is not a meandering country lane.And I have no expectation that that use is going to be any less compatible than are all the cars on General Booth Boulevard today. So if you're visiting someone's grave in that cemetery,by the way, I'm sorry to hear about your wife and your mother-in-law. I got to believe you're going to have a far greater impact from all cars on General Booth Boulevard than you would from this very well buffered fenced and well-designed site. So it's just this is to me is high quality development.And it's appropriate development for the land parcel that it sits on.And it does not in any way to seem to me impact the church's operations. So I don't see any reason not to support it with regard to the two items that Mr. Nutter I agree with him on both of those things. We had some discussion this morning about the right-in/right-out Mr. Lowman referred to as conflict points. If that's a conflict point there are 250,000 of them in the City of Virginia Beach.What term you call it the people go in and off of roadways all the time, it seems to me that's appropriate too. So, I'm going to support the application, I think it's a very well and carefully designed site plan with an appropriate use.The reason people develop these is because they are a convenience to so many people.We all drink coffee,we all have cars, we all want to stop and get a muffin,or we want to pick up a bag of ice or something. And that's how we approach I think. Land use in many ways is do they serve a public purpose?A lot of the public would like this kind of amenity, it is an amenity. It's the way I see it. So I'm going to support it, and I'll be happy to support.Thank you, Mr. Chairman. Mr.Weiner: Mr. Horsley? Mr. Horsley: I don't usually do things like this. But anyway, I came here this morning with the intention of supporting this wholeheartedly because I think it fits this corner.And I think the right-in/right-out on General Booth, if you don't have this project there, is a must. I think it creates too many other problems if you don't put it there.And I think that it's an ideal development. But I guess one or two people have struck my nerve this afternoon.And,you know, I guess this, this isn't the right thing for this area. So I guess I have to not support the application. But like I said I think the applicant has done everything in the world the church could ask for.And I'm not sure that the next project that comes down the line, if this one doesn't go through is going to be any better. It may not be as good.And we may wish we'd gone back 20 to this one. Not too often do I change my mind like that. But I am going to have to not support this application this afternoon. Because I just think that it's probably not the right thing for this corner, even though it is the right thing for this corner. But if the church wasn't there, there wouldn't have been any questions at all, but by the church being there with the historic significance of the church and there's a lot of a lot of Virginia Beach history in that from that church. And I am concerned that the church hadn't been able to secure their property,that would be my ultimate goal is for them to do secure it, if they didn't do anything with it. And there are enough people there probably to try to do that if they put their heads together. But, but at this time, I'm not going support application. Mr. Weiner: Ms. Oliver. Ms. Oliver: I'll give it a go. So what one thing of my concern is the 7-Eleven. Is there not a buffer behind that new 7-Eleven? Because there used to be? And why is it not when they redid it, because we all know the 7-Elevens are redoing it. And I do like the design to put gas stations in it. But where's the buffer? Mr. Tajan: Ms. Oliver if I remember correctly when that came in last year or so, for the approval, it did note the relocation of the proposed building and then replanting a buffer in that area. I don't have it in front of me right now. I have to have staff pull it up. But that's my recollection is that suitable construction? Ms. Oliver: So, That would be great if somebody could look into that, because I'm concerned about the gentleman who could hear it or see it, because on the Google Map, he really doesn't show that he should be able to hear it or see the 7-Eleven from where he is, so if they've cleared it out, maybe we should -- maybe we should take a look at that. And, you know, review that one review it again, and just to kind of see where that is. But on the other note, you know, this corner is I mean, by the way it's designed and we do land use it's the it calls for everything. It should be is this is a gas station or an office building. It's unfortunate that Councilman Jones, well not unfortunate, but it just it would have been a great, a great funeral home, especially in adjacent to the cemetery. I know that Oliver's has a funeral home adjacent to Eastern Shore Cemetery, and my late husband is buried there, my parents, my grandparents, my great grandparents, my brother and it's a beautiful cemetery.And I wish it had the buffer this has. And I've been in a lot of cemeteries, and unfortunately, they get sort of squashed if they're not protected, and Eastern Shore Cemetery certainly has had that happen. I mean, when I stand at John Oliver's grave, I get to see the back of Regency Shopping Center. We don't have a buffer, we have an anchor fence, and it is not pretty, or the 18 wheelers or everything that goes with it. And I identify with having to want that quietness, then we've got Oceana flying across, and it is not that at all. But in itself, it is a beautiful 21 cemetery.And it's just unfortunate that it didn't get the buffer when that shopping center was developed.That being said, this applicant has taken great strides to preserve and to protect the back end of that cemetery. Back end ce meteries usually are up against a wall, or road or something along that they just, it's the nature of--everybody wants the front row, so to speak. But I can't, it's hard for me when I look at one acre between the back of the cemetery,to that carwash of the original and Mr. Nutter said they will not touch the wooded area, and then plant underneath the power lines that's going to impact that cemetery that much. I mean, I just, I don't see it with noise and stuff.I don't like the 24-hour carwash, and I'm not into that, because I don't think anybody needs to wash the car 24 hours, I don't understand that. But I wish in the perfect world, it could just remain that way. I'm sorry that the church was unable to purchase the property.And I don't know that in the future,you'll get an applicant that's going to make this much that's not going to go in there and just really plow down those woods and then really impact the church and the cemetery. I wish there was a better solution to it. But I think that this applicant has gone and done a lot to help minimize the impact of its self against the church. Mr. Inman: They have done that.It's still a gas station, it's still a carwash, it's still going to make noise, it is still going to attract and create a lot of noise. It's clearly impacting the church. It's clearly, you heard the people,they live there,they been going to that church for years. It's going to impact the church. I don't care how far away that carwash. So I just don't see it. Its zoned 0-2, it's for office. It's a great use for that property.And they're not going to plow down the trees. They're going to have to follow a site plan. That is vetted by staff and there's going to be tree preservation I guarantee you when that's done, and it's zoned 0-2.I think that's the highest and best use considering it's in a historic,despite what Mr. Redmond as disparage the historic and preservation and cultural overlay,still, it's in there,and it's got a church next door and it's got a cemetery next door and it doesn't need to be a carwash and it doesn't need to be a gas station and a convenience store. I'll make a motion to deny the item. Mr.Wall: Got more people to talk first. Mr. Coston: Well, I like from the county they came in thinking yeah, I don't know that I've been completely swayed against that yet.My concern is that there's an expression about the devil that you know, is better than the devil that you don't know. And I've actually had the opportunity to assist in burying somebody in that cemetery.And it was noisy.The traffic along there is,is just a lot of it. So I'm kind of leaning towards supporting the application. Mr.Wall: Yeah, I think the application does provide buffering. You know, definitely screening, its part of that buffering that is in that power line easement. I'm not sure to what effect that undergrowth can you replace the screening there that's existing. 22 The Historical Review Board did review it, and provided comments, you know, some improvements, they have decided to look at the building and that is a plus forthe application that they feel that have blends near to their,you know,approval, at least, you know, with, with the historic district. You know, in the 0-2 use, I don't see any offices around there that have any trees preserved, you know, the offices have come in and clear cut everything. So, you know, at least this provides some preservation of some of the existing trees. So that's, yeah, I mean, all the offices along there, and very few have preserved any of the existing land scaping. But with that said, you know, I don't think it's compatible with the,you know,historic cultural district.And I don't necessarily think that this merits changing the zoning from,from 0-2 to B-2, so I won't be supporting it. Mr. Alcaraz: I'm good. I'm, I mean, I'll voice my opinion, if you want. I don't mind. I'm up here. I'm kind of, you know, I took in what Mr. Redmond said and corner lot, you're going to have this happen. It's going to always happen,every corner lots is going to have that high potential use that's going go there. I see the need for it. I've heard the pros and cons. They came forward to us and I'm going to be supporting it. Mr. Weiner: So I want to go back to the 7-Eleven that is there now and about two years ago, I've been dealing with the 7-Eleven side, historic Kempsville for 15 years. And about three years ago, we had a 7-Eleven come at the corner of Parliament and Princess Anne road. And if you all remember, we had one person in opposition; the gentleman lived right behind it. And he was literally 75 feet behind that 7- Eleven. He still lives in, there's a six foot privacy fence and a couple of trees. And I I've talked to him a few times and it's open, it's running. And right now he says its not as bad as I thought it would have been. I hear cars, I don't, but it's not 24/7, he doesn't hear it at all that much anyway. I'm really torn on this and I really kind of know which I'm going,but for those of us who know Mark Reed and forthe Historic Review Board to get involved in this and what they said here, as in the Certificate of Appropriateness indicated the structure as designed will be in character with the historic district. Like I said, if anybody of us know Mark Reed, and they put that in here, that really means something. So I'm going to be in favor of it. And I think be careful what you wish for. If you want an office there, I'm not really sure you're going to get what you want, because they're going to build it and they're not going to ask you, what do you think I should put here, they're going to do it. They're just going to put something there and I guarantee you're not going to like it. As for the carwash, I'm not going to be in favor for the 24 hours. I can't do that, but I am for the right-in/right-out, I would in favor for that. So I'm going to be supporting. Mike you want to make motion. We can need a motion. Mr. Inman: I make a motion to deny the application. Mr. Weiner: We have motion to deny by Mr. Inman and second by Mr. Horsley. 23 Madam Clerk: Vote is open. By recorded vote of 4 in favor and 5 against the motion to deny has been denied. Mr. Weiner: All right, we need another motion. Mr. Redmond? Mr. Redmond: Mr. Chairman, I move approval of the application with the removal of condition#1. Mr. Weiner: I can support that. Mr.Weiner: I am sorry, what was that condition? Mr. Redmond: I said condition#1. Mr.Weiner: That's not 1 00%correct.Condition#1 should state that vehicle access right in only, okay, they say right-in/right-out. Mr. Redmond: I amend my motion to say I thought that would accomplish the same purpose. I will amend my motion say that I motion for approval of the application with an amendment to #1 one providing for a right-in/right-out on General Booth Boulevard. However, you guys can make that work Bobby. Mr. Weiner: We have motion by Mr. Redmond. Motion for approval by Mr. Redmond. Do we have a second? Second by Mr. Coston. Madam Clerk: Vote is open. By recorded vote of 5 in favor and 4 against agenda items 5, 6 and 7 are recommended approval with a modification to condition#1. AYE 5 NAY 4 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham NAY Horsley NAY Inman NAY Klein ABSENT Oliver AYE Redmond AYE Wall NAY Weiner AYE CONDITIONS AND PROFFERS 24 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 developed, the Property, shall be in substantial conformity with the preliminary site plan entitled "Concept Site Plan", dated June 2nd, 2021 prepared by Kimley-Horn Associates (hereinafter"Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: When developed the elevations and building materials of the convenience store,fuel pumps, canopy areas and the car wash shall be building in substantial accordance with the six-page exhibit prepared by Ratcliffe Architects entitled "Royal Farms#445, Virginia Beach,Virginia" and dated June 3rd, 2021 a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. Proffer 4: Any trash compactors located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. Proffer 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 6: 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. The Grantors covenant and agree 25 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, suitor 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, the Grantors 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 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 the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the"Grantors"underthis Agreement, and Owner shall have no further rights or obligations of a"Grantor" under this Agreement Staff Comments: With the exception of the proffered concept site plan that shows a right-out access point on General Booth Boulevard, the Proffers listed above are acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Automobile Service Station &Car Wash Facility 1. Vehicular access along General Booth Boulevard shall be limited to a right-in only in conjunction with the turn lane depicted on the concept plan noted in proffer 1 above. 2. A maximum of 36 parking spaces shall be permitted unless approved by the Planning Director pursuant to Section 203(b)(9). 3. When the property is developed, any freestanding monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Royal Farm—Store 445 Virginia Beach,VA," prepared by Absolute Signs&Neon, dated February 2, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set in a brick base, as noted in condition 3. 26 c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs,or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Conditional Use Permit Exhibit noted in proffer 1 above,along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. All air pumps and vacuum stations shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 7. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 8. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m.to 8:00 p.m. daily. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance,unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a"box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 27 June 2021 Virginia Beach Planning Commission Department of Planning 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452 Dear Members of the Planning Commission, I am in opposition to the building of Royal Farms on the corner of General Booth Boulevard and Princess Anne Road. The reasons for not allowing Royal Farms to build on the land are as follows: 1. When it was sold in 1989 to Mr. Louis Jones who should recuse himself in this issue, he verbally promised Nimmo Methodist Church that he would build a funeral home on this property which was in keeping with the appropriateness of the location since the land in question runs the length of the property being used since early 1900s is a cemetery containing the remains of over 500 people and with the capacity of over an additional 500 graves. Nimmo United Methodist Church sold the land to Mr. Jones for under$150,000 since the church was in need of money for repairs to the historical structure erected in 1791. Efforts to buy back the land by the church were unsuccessful due to Mr. Jones'asking price. However, this impacts many more people, churches, and businesses than just Nimmo. 2. The plans for the property sought by Royal Farms and owned by Mr. Jones under question has been changed several times to reflect the historic area and to reduce noise abatement to some degree. However,the peace of the cemetery will still be still impacted 24 hours, 7 days of the week all year. There will be no noise abatement for Sunday morning services nor for the funerals nor other use of the church property nor the properties of homes, other churches, and businesses in this area. This especially true with the removal of the trees on General Booth which would serve as sound abatement. 3. The traffic will be an issue. Our traffic in this area has picked up with new housing and business construction. The flow of traffic is also greatly impeded from spring through fall because it is a main route to Sandbridge; however, this issue was ignored. Other homes and businesses and churches will be impacted. Timely studies should take place to determine flow and impact of traffic as well as the backup on General Booth. 4. The need for a gas station and car wash in conjunction with the food service is unneeded. There is a gas station directly across the street from the proposed Royal Farm property with a multi-purpose store. There are 13 gas stations and 4 car washes within a 3-mile radius so there is not a need for such an establishment for this piece of land. 5. As for the food establishment, the smell of the grease will permeate the cemetery and church grounds as well as the neighborhoods and businesses again 24 hours, 7 days a week. There needs to be an air filtration system to diffuse the smells which are good for business of Royal Farms, but not for the sanctity of the churches, cemetery, businesses nor the properties in the area. When this area of concern was mentioned, it was laughed off as being good for business. It is not an impossibility since the same situation was addressed for the McDonalds at the Municipal Center of Virginia Beach. I appreciate your consideration of blocking this establishment of the Royal Farms constructing a business at the General Booth/Princess Anne Road intersection. The business should select another property to build on. Sincerely, CAAAAAitCV, _ V, r9,14-L4 V4 3 S Hoa N. Dao From: Marie Grindle <mariegrindlel @gmail.com> Sent: Sunday,July 25, 2021 2:44 PM To: Hoa N. Dao Subject: Nimmo Church and Royal Farms Proposed building. Follow Up Flag: Follow up Flag Status: Flagged 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. July 25, 2021 Dear Hoa Dao and Planning Commision Team, I am writing this letter as a concerned and longtime member of Nimmo United Methodist Church. Those of us who have been attending Nimmo for many years, who appreciate its history and its meaning to this community are saddened, appalled and disappointed at the thought of having a Royal Farms Gas Station planted right in our own backyard. Looking out from our narthex, we will no longer see our cemetery backing up to the serene wooded area which protects us from the busy streets and traffic. Instead we will look at gas pumps, a car wash, and the back of a building. We will be hearing car wash noise, cars starting and car doors slamming. Imagine attending a graveside service and being distracted by all that activity and noise. Our church was in a beautiful setting. Now it is bordered by a torn up road, piles of cement, orange cones and blockades. Many people don't even know we are still an operating church because our sign is hidden and we are surrounded by construction. Some of this is beyond your control now, but it is not too late to stop this atrocity. Please have a heart for our city and the rich history of Nimmo United Methodist Church. For those of you who don't know, Nimmo is the oldest continuous in-use church in all of Virginia. Our beloved church has been standing at its present sight since George Washington was president. Surrounding this bit of history, this sanctuary and place of reverence with a noisy, busy store is an abomination. Please consider turning down any request to allow building a gas station/store on this land. Sincerely, Marie Grindle 757-376-0640 Hoa N. Dao From: martha stone <cooks223@aol.com> Sent: Tuesday,July 27, 2021 9:49 AM To: Hoa N. Dao Subject: August 11 hearing re: Royal Farms Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commissioner Dao and The Planning Commission Members, As a life long member of Nimmo Church I was distressed to learn that Royal Farms was proposing to build one of it's gas stations/convenience stores adjacent to our Sanctuary property...Nimmo was founded in 1791 and is the oldest Methodist church in continuous service in Virginia...It would be ashamed to destroy this idyllic setting where people come to worship, be joined in matrimony, baptize their children and bury their dead.. When considering Royal Farms request I ask that you deny it. Thank You for your time and attention to the matter, Martha Stone July 27, 2021 Dear Planning Commission Members, Reference: The proposed gas station and car wash adjacent to the historical Nimmo United Methodist Church. Please, please do not vote to allow this proposal for many valid reasons. One major concern against allowing it in general, is that this productive, beautiful pastoral, historical scene and activities would be very disrupted daily 24/7 by a commercial gas station with its customers and accompanying noisy car wash. In addition to the important fact above, I am very upset that the 24 hour daily noise would be an abomination to the church and its accompanying events both inside the church and at the cemetery and garden areas and grounds. On these grounds so close to the proposed site are where Sunday services and frequent meetings occur, as well as daily garden care and graveside services and visits. I live near where the General Booth Food Lion and a new car wash and vacuum services have recently begun. I can hear the noises as I pass the entrance to this facility and find that the sounds are very loud. It is enough to be distracting at the least and horrible to be heard anywhere 24/7 at adjacent Nimmo Church. I believe these two strong reasons alone would be enough to vote no on allowing Royal Farms to construct at this particular site. Please consider saving the well-being, activities, beauty and peaceful area of Virginia Beach's historic Nimmo Church and its grounds to remain so. Please vote no. Thank you. Respectfully, fog Dede Hamilton, 757-716-3367 1 Hoa N. Dao From: Nicole Garrido Sent: Tuesday, August 3, 2021 11:29 AM To: Hoa N. Dao Cc: Marchelle L. Coleman Subject: FW: Proposed rezoning Nimmo Pkwy Original Message From: Mary Slonaker <mslonaker@verizon.net> Sent: Monday, August 2, 2021 9:39 PM To: Nicole Garrido <NiGarrido@vbgov.com> Subject: Proposed rezoning Nimmo Pkwy 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. I'd like to add to the voices that are against the proposed rezoning of Nimmo Parkway adjacent to UMC. This should stay zoned as low impact "office" in keeping with the character of the area. The property was sold by UMC with the understanding that any use of the land would be complimentary to the church, i.e. a funeral home or perhaps a welcome center for tourists on their way to Sandbridge. Thank you, Mary Slonaker 2452 Dillingham Road Virginia Beach Hoa N. Dao From: Nicole Garrido Sent: Wednesday, August 4, 2021 1:06 PM To: Hoa N. Dao Cc: Marchelle L. Coleman Subject: FW: Rezoning at Princess Anne and General Booth for a Royal Farms Next to Nimmo Church Note of opposition. From: Lynn Lohrmann<lolohrmann@cox.net> Sent: Wednesday,August 4, 2021 12:11 PM To: Nicole Garrido<NiGarrido@vbgov.com> Subject: Rezoning at Princess Anne and General Booth for a Royal Farms Next to Nimmo Church 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. To the Commission- Being unable to attend the review session next week,I am writing against the proposed development at the corner of General Booth and Princess Anne. There are fewer historic sites in Virginia Beach and a continued proliferation of gas stations et al. There are more trees being destroyed and sacrificed to more asphalt and concrete-and associated issues. We do not need that proposed project. And I certainly do not support it crowded in next to the historic church. V/R Lynn Lohrmann 3020 Sandpiper Rd. Virginia Beach Veat, iret LOLohrmannPcox.net Cell(703)627-1820 1 Max N. Barton 729 Earl of Chesterfield Virginia Beach, VA 2345 To: Planning Commissioner and team City of Virginia Beach, VA To: the Planning Commission: Please do not allow Royal Farms to put a gas station, café, auto wash at this corner of General Booth and Princes Anne. As a longtime member of Nimmo Unites Methodist Church, and one who's final resting place will be in the cemetery at Nimmo I believe that the noise and seven day activity would be disruptive to the congregations of the three churches in the area. Also we must preserve what little history is left in this area. Our church has been in this beautiful setting since 1791 and at present is bordered by construction material and waste. We know that will change. But the requested business at the corner will not! It seems to me, that with the history and effort to retain as much of our history as possible the city and area would be better served by a business that is smaller and with much less noise that operates on a five day week, much as two of the other business at this corner. I would close with one question for you all, would you want this business in your back yard. If your answer is no then please don't do it to us. Respectfully; Max N. Barton Hoa N. Dao From: Mary <maschmidt64@cox.net> Sent: Tuesday, August 10, 2021 12:00 PM To: horsley.don@yahoo.com Cc: Hoa N. Dao Subject: Royal Farms rezoning CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Don, I don't believe we have met, but I am a friend of Phyllis Sawyer and Bob Venner and Mandy Yoder are my brother and sister. I grew up in PA county left after high school for college and returned after my husband's Army career was over. I returned to Nimmo Church at that time and have been involved since then. My parents are buried there. I am shocked and saddened to realize that the impending rezoning will so adversely impact Nimmo Church and it's Cemetary in particular. Is there no thought to the preservation of the historic nature of that 250 year old church? Please follow your conscience, do the right thing and vote against this rezoning. Thanking you in advance. Mary Ann Sent from my iPhone Mary Ann Schmidt maschmidt64@cox.net 757-434-2486 iPhone 757-721-5103 southofpungo@cox.net From: southofpungo@cox.net Sent: Friday,August 6, 2021 10:44 AM To: 'galcrazybpc@icloud.co; 'wgrahamVBPC@icloud.co'; 'horsley_don@yahoo.com'; 'mainman@inmanstrickler.co'; 'branch.oliver@gmail.co'; 'redmondVBPC@icloud.co'; johnoston@gmail.co'; 'RKleinvbpc@icloud.co'; 'jckwall@aol.co' Subject Zoning change request ico Royal Farms,02 to B2 Dear Planning Commission members, On Wednesday 11 August 2021 you will determine your recommendations as to changing zoning of a property adjacent to Nimmo UMC. The property in question is bordered by Princess Anne road and Ferrell Parkway on two sides,and the cemetery and grounds of Nimmo Church on the eastern/southeastern boundary. About thirty years ago,when NIMMO was in a crisis,a parcel of its land was sold to Mr. L Jones. (The monies helped Nimmo survive its structure being raised,and all new substructure and foundation installed—since the original colonial era timbers of cypress had rotted and were failing.) The context or pretext for the sale was that the land would eventually be used for a Holloman Brown funeral home. Such is embossed on the current deed for that property. As we know from experience, a funeral home is quite congruent with a place of worship,and not doubt those who were instrumental in this transaction at Nimmo shared that view. The list of signers include prominent members of the local area: Murry Malbon,Jacqueline Bonney,J. W. Buffington, Floyd Kellam,Joseph Lyle, Betty Miller, Elizabeth Weaver,and John Wilson. My husband Daniel and I know or knew all these leaders in the church and community. Without and doubt whatsoever,there intent was that the purchaser would live up to his proffer for the property. As well, had they any notion that this land would ever be considered for conversion to a 24/7 gas station,convenience store, and car wash,they would never have consummated that transaction. Enter Mr. Louis Jones, now thirty years later. The proposal he seeks for approval could not be farther from a funeral home than nearly any other offering. It is unthinkable in terms of its effect on the entire setting that is NIMMO. The destruction of hundreds of mature trees,exposing the cemetery and church to traffic and commercial activity will very likely be of such character as to change the entire area,and will likely over time choke growth and viability of Nimmo as an active church. We all know how challenging church membership is this era already,why would we destroy the setting and history of Nimmo with a GAS STATION? Anywhere, since the national goals are to be 50%EV by 2030...especially why sacrifice Nimmo for this? As a forty plus year member and having run the Sunday school for a decade,and raised three children in Nimmo,and am currently serving as chair of its board of trustees, I implore your actions to recommend denial of this request. There are other good options. A funeral home surrounded by native trees and with sufficient parking for services...the city could/should purchase the property, and use it as a green solution to carbon mitigation and storm water management...it could be a Memorial park,dedicated to the legacy of Mr.Jones' service to the city. And more... I ask this in the best interests for our city,our communities,and our precious Nimmo church. Donna Franken 4161 West Neck Road Virginia Beach VA 23456 757 771 1513 1 Margaret A. Carter 1304 Tuscany Drive Virginia Beach, VA. 23456 (470) 532-6310 mcarterboone@yahoo.com August 10, 2021 Virginia Beach City Council Attn: Planning Commission Re: Rezoning Meeting 08/11/2021 Dear Planning Commission Members, I apologize for not attending the meeting in person but I am spending time with my mom who is under hospice care this week. I strongly recommend NOT approving the rezoning request for the plot of land adjacent to the Nimmo United Methodist Church property as proposed for a Royal Farms gas station, car wash and restaurant facility. I own and live in a condo in the Crescent Condo subdivision and my front door will be less than a football field away from the 24 hour per day gas pumps that the plans propose. I do NOT want to listen to the noise of cars, the car wash, people and overhead music all night long. I also do NOT want to watch the lights on cars pulling into and out of the parking lot at night, shining into the living room and bedroom windows. If you must approve development on this plot of land, please consider an office type rezoning, similar to our excellent neighbors in the pediatric and dental clinics located at our front gate. As part of any rezoning approval that would remove the natural trees and vegetation in place now, please consider requiring any development to be surrounded on the General Booth facing side of the street by raised berms and landscaping similar to what was required of the developers of the CVS site just up the street that shield the neighbors across the street from some of the car lights and activity in that parking lot. I look forward to hearing your decision. Thank you for your consideration, NI-- CC- --- Margaret A. Carter Hoa N. Dao From: Planning Administration Sent: Tuesday, August 10, 2021 4:09 PM To: Hoa N. Dao Subject: FW: Certificate of Appropriateness Application #21-10, Royal Farms Hi Hoa, See letter of opposition received in the Planning Admin inbox regarding Royal Farms. Marchelle L. Coleman, City Planner Ill City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbciov.com ik rtammu'�nTty Or •r mopsrel From: Bill Fredericks <vabeachl@gmail.com> Sent:Tuesday,August 10, 2021 3:22 PM To: Planning Administration <PlanAdmn@vbgov.com> Subject: Certificate of Appropriateness Application#21-10, Royal Farms rCAUTION: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. I am writing in hopes that you will consider my comments at the Planning Board Meeting of August 11, 2021, with regards to Certificate of Appropriateness Application#21-10, Royal Farms. It is distressing to my family and me to read that Royal Farms has applied to open a convenience store,gas station, and car wash directly adjacent to our historic church and graveyard. However,there is no need for me to innumerate the many historical aspects of the church dating back to 1784, including its use as a Federal hospital and troops barracks during the Civil War. I object to using the proposed site as a commercial site for yet another convenience store/gas station commercial venture. If the site's development is mandatory, please consider a much more respectful venue in concert with the religious, historical, and reverent setting. Respectfully, William Fredericks 1960 Winterhaven Dr. 1 Virginia Beach, VA 23456 (757) 286-1695 2 Hoa N. Dao From: Drew Lankford <drew.lankford3@gmail.com> Sent: Wednesday,August 11, 2021 12:18 AM To: galcarazvbpc@icloud.com;wgrahamVBPC@icloud.com; horsley_don@yahoo.com; mainman@inmanstrickler.com; branch.oliver@gmail.com; dredmondvbpc@icloud.com; johnhcoston@gmail.com; RKleinVBPC@icloud.com;jckwall@aol.com;dweiner@batchelder-brick.com Cc: Hoa N. Dao Subject: Royal Farms- Nimmo UMC Attachments: Nimmo - Royal Farms - Discussion Letter.docx Follow Up Flag: Follow up Flag Status: Flagged 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. Members of the Planning Commission: I apologize for sending this last-minute missive; I had hoped to be able to speak in person today at the meeting,but work is preventing that. I also had a few church members lined up to speak in favor of this project,but two tested positive for the virus over the weekend and some had to bow out because of the meeting time during their work hours. There has been quite a bit of discussion within our church ever since Mr. Nutter and Royal Farms first approached Nimmo UMC about this proposed project. There have been a number of opinions within the church and I understand well the feelings of all who have weighed in-pro and con. I have had mixed feelings about this from the start,but I feel today that this project should be approved for Mr.Jones and Royal Farms. As a member of Nimmo UMC for over 30 years, I too was not dreaming of a time when someone would come along and put a convenience store on that property someday. I have always loved the pastoral feel and surroundings of our church,as do most of my fellow church members. If I could,I would love for a large part of the surrounding area of Nimmo UMC to remain undeveloped,quiet,and serene. Then again, I would also love to be 26-years-old again and playing centerfield for the NY Yankees. But... I have faced the fact that neither is going to happen. First,let me say that throughout all of our meetings and discussions,Mr. Nutter and the representatives of Royal Farms have been very patient and accommodating. They have paid close attention to what the concerns were of all the members-whether pro or con-and they have given us honest answers to each and every question. I know there have been a number of people who have written to the planning department opposing this project-and I understand them and their viewpoints. Unfortunately,many of them have not been aware -for one reason or the other-of all that has transpired the last 90 days and all the offers that have been made by Royal Farms. Most were told that if Royal Farms built there,the church would be harmed in such a way that we would eventually have to close our doors. Why? I don't know. i But,after hearing all the complaints and the lack of information with some members, I sent out a memo last week to many of the members of our church-part of which I will repeat here. "I know quite a few church members who support this issue-many with the same attitude as myself: I don't want to see it there, but if we can't stop it, let's cut our best deal . . . especially when they are aware of the concessions that are being made. I know others who originally opposed it, but once they hear the concessions and offers made by Royal Farms, they no longer are in favor of opposing it. Here is the list of offers that Royal Farms has made to us thus far: • Located the store and canopy as close to the intersection as possible • Reduced the number of gas islands from 5 to 4 • Agreed to leave large portions of the treed area adjacent to the church in a natural state. (Ranging from 35 feet to approximately 100 feet) • Agreed to help get the portion of church property between the old Princess Anne Road and the new Princess Anne Road landscaped so the church can use it for other events and services. • Agreed to perform a traffic study and share it with the Church. • Agreed to eliminate the proposed shared access to Princess Anne Road eliminating the only full access to site leaving all of that area in its natural state. • Agreed to relocate the car wash to the western portion of the site approximately 169 feet from the property line. • Agreed to relocate the fueling storage area from the center of the property to the area adjacent to General Booth Boulevard. • Agreed to install an 8-foot-high fence as opposed to a 6-foot-high fence by portions of our developed portion of the site. • Offered to install a wooden split rail decorative fence along the Church's western property line from the paved parking spaces by the Church out to General Booth Boulevard. • Agreed to an all-brick store versus the company's proto-typical store design." The concern that bothered me the most was the old PA Road continuing to be open to traffic. I believe that would be a nightmare for the church,and I wanted that eliminated from the plans. Royal Farms has offered to remove the egress onto Princess Anne Road so that there will be no vehicular traffic using that now closed road and making REAL problems for our church. Royal Farms has said repeatedly that they want to be good neighbors; I believe them. Many of us in the church want to reciprocate. Again,from my letter to church members: "More importantly-I cannot grasp why this spells the end of Nimmo UMC as some people are claiming. 2 _ First of all, all the building and construction that has gone on around us the last 30 years has not done spelled the end in any way. )-The Crescent condos and the Konikoff and Sentara offices built directly across the street on General Booth Boulevard; • The 7-11 on the corner • The housing development directly behind the church (on Newstead); • The Red Mill Landing condos and shopping center behind the church with the restaurants and yoga shops and nail places; • The day care center next door • The veterinarian's office next to the 7-11; • Matthews Green housing development. All of those have been built since I started at Nimmo in 1990, and yet we continue to survive and thrive. Virginia Beach UMC sits between Atlantic Avenue and Pacific Avenue—I know of no church location in Virginia Beach surrounded by a more commercial environment than they are . . . with homeless people sleeping in the doorways every night- and yet they not only exist, but continue to grow and thrive. I don't believe the existence or not of a convenience store spells the end of our church. If we cease to exist as a church, it will be because we didn't do the job God calls us to do as Christians in and out of the church. If we are doing what we should be doing, the church will grow stronger from within which is where it should be. If we're not doing that work as committed church members, then it doesn't matter whether you have a convenience store, a park, a zoo, or a used car lot there." - END - I notice most of the signatures on the petition are dated for early May. The truth is,we had JUST begun getting into the specifics from Royal Farms at that point and were still negotiating what could be done on our behalf. Some of the people who have signed those petitions and sent letters to Mr. Dao have,in fact, contacted me in the last week since I put out the memo explaining the offers from Royal Farms. They originally opposed the project,but once they heard the concessions made by Royal Farms,they are no longer opposing this project. Some had planned to speak today but decided not to. There has been a significant change in the opinions of a number of our active church members. Many thanked me for bringing the RF offers to their attention since they were not aware of them beforehand. As one church member wrote me over the weekend: "Thank you for making us aware of the position and offers of Royal Farms and their representatives. While it's not my first choice for use of the property, let's see what can be worked out in some way so that if it does go through, we can at least be good neighbors and have a working relationship." 3 Like many of the members of our church who cannot be here to speak today,I cannot oppose this project. Mr. Nutter and the representatives of Royal Farms have acted in good faith every step of the way and have worked hard to address our concerns. No project is ever going to be the perfect fit with no problems at all,but I believe if both sides are willing to continue to work with each other,this can at the very least be a peaceful coexistence. Thank you for your time, Drew Lankford Virginia Beach, VA drew.lankford a gmail.com 757.409.4353 4 1 Friends: I wanted to comment on some of the conversations going back and forth among us about the proposed site for Royal Farms. I also apologize in advance for the overabundance of words. Let me start by saying I'm very troubled by the turmoil this is causing in the church. I love and respect all of you, regardless of where you stand on this issue, and I do not want this to get personal in any way amongst any of us. I have always really enjoyed coming down Princess Anne Road (the 2-lane version) and look at the trees, especially in the fall. It really bothered me to no end when they started cutting them down at the beginning of the project. When we first heard that WaWa was interested in the property back in 2010, I was one of the first to push for finding a way to stop that. As many of you have heard me say, I really do not want to see the Royal Farms or ANYTHING ELSE on that lot. I didn't like seeing the road project - PA VII - get started because I knew it was going to lead to rapid development around our church and surrounding area and possible bruised feelings within the church. But the day they began that project I knew that development was going to take off and Louis Jones' lot would be sold to a business sooner rather than later. I share some of your frustration at seeing what is taking place and wish we could turn back the clock on all of this. First, if this surrounding environment was like it was 7-10 years ago, I would fight like hell to stop this. I NEVER wanted to see development come anywhere near our church, but I knew deep down it was inevitable. I did not want to see it at the corner where Harris Teeter and many other businesses have been built. The planning department recommended against a number of these projects based on the supposed standards of the so-called "Green Line," but they were given the green light anyway. But . . . at the risk of sounding too cavalier, it doesn't really matter what I think of it. I know many members do not want to hear that, but I will state why, based on what I know and have learned - and also based on recent information Ms. Henley discussed at her monthly meeting in July. Second, if you follow the planning department's track record, once development starts, it's nearly impossible to stop. I can cite you a number of 2 projects that the planning department and planning commission recommended against but the City Council approved anyway. Third, we cannot and will not stop the project based on saying "we don't want a store there with gas pumps and a car wash." The very first thing Louis Jones' attorneys will point out is that there is a convenience store with gas pumps right across the street. So, then our argument to the City Council or a judge will be shot down immediately. Fourth, Louis Jones WILL make the case that he offered to sell that property to the church and we declined - twice. We said no. So, neither the City Council or a judge is going to agree with the argument: "We don't want and can't afford the property, but we don't want him to sell it to someone else," and follow that with: "We don't mind him selling it, we just want him to sell it to someone who wants to build an office building and not someone with a car wash and gas pumps." Neither the City Council or the members of Nimmo UMC can tell him who to sell to. Fifth, it's been made clear to the City officials and City Council that you cannot deny someone the right to sell their property to whomever they wish just because others don't want it there. As Ms. Henley pointed out to the attendees at her meeting last Thursday who were dismayed at the prospect of Royal Farms being located there: If the City Council denies Louis Jones the right to sell his property to Royal Farms, he can take it to court and get it overturned with one briefcase tied behind his back. The City Council has learned that lesson the hard way. They voted to deny a landowner permission to sell his property to someone for a business several years ago; he took them to court and won. The reasons for denying permission are very narrow. For example, you have to prove serious harm from the existence of that business. Will it pollute the groundwater? Will it emit something into the air that will cause harm? Will its existence cause flooding or damage other buildings or homes nearby? The smell of fried chicken or the noise from a car wash do not come under that heading. One of the environmental activists asked Ms. Henley wouldn't there be a negative effect on stormwater. Ms. Henley pointed out that those are the kinds of things the planning department investigates before they make their recommendation to the planning commission. 3 But- what it boils down to is you have to prove SERIOUS harm to the community and surrounding environment to have ANY hope of stopping it. Sixth, say by some miracle from God that you are able to stop it. What comes next? Louis Jones isn't going to just take his marbles and go home. One of three things can happen: 1) Louis Jones can take the case to court and most likely wins. If so, would we want to spend church funds to hire an attorney to fight it? 2) WaWa or someone similar will try and build there, and just because Royal Farms got turned away doesn't mean the next applicant will too. So,you will have to fight them as well, and perhaps spend a lot of money the church cannot spare to fight it. 3) SUPPOSEDLY one option that has been discussed in the Jones family (his sons are a big part of this project) is that if it fails, they will clear the lot of all trees and try to persuade someone into developing a small group of various stores. I know residents have stopped some projects over the years, but each situation has its own set of circumstances. More importantly, Louis Jones didn't have a horse in that race. I don't mean that Louis Jones is the Almighty and has carte blanche when it comes to property issues, but I do ask this of everyone: Tell me who the six members of City Council are who are going to vote AGAINST him? I can think of maybe one, possibly two (long shot) . . . and that's me being very optimistic. I think he has the votes. That property is going to be sold - and soon. We can go to the planning commission and City Council and oppose it, but it's going to be sold. I don't like it any more than any of you do, but it's reality. We can fight it, but eventually he's going to win. He's getting on in years and his sons are getting more involved in this aspect of his businesses. His wish now is to get this property sold and move on. The Historical Review Board passed it unanimously, saying that the structure and site plans did not violate any of their standards. The environmentalists told me after the Henley meeting that while they don't like the idea of Royal Farms being there - "one more business we don't need" - they have nothing to fight it with and will not oppose it. 4 The Southland Corporation, owners of 7-11, went to Louis Jones and offered to buy that property to keep Royal Farms from buying it. He refused their offer. I believe that shows his determination to get this deal done. Perhaps some of you feel I am being a "sell-out" for supporting this proposal and not fighting it more. I can assure you that is not the case. I used to fight like hell on many important issues - I love a good fight. But one thing I've learned in politics - and eventually life in general - is to know how and when to pick your battles. If I thought we had any chance AT ALL in keeping that lot undeveloped, I would be making a lot of noise and organizing people to fight it right now. But we don't and it won't - and that's not a defeatist attitude talking, but someone who has learned how to read the tea leaves. I've said for several months now that the ONLY chance of stopping this is to talk Louis out of selling it. I think the odds on that are very minute, but it's still the only chance. My belief is: if we can't stop it, then cut the very best deal we can for the church. The thing that bothered me the most was the old PA Road continuing to be open to traffic. I believe that would be a nightmare for the church, and I wanted that eliminated from the plans. If we organize and protest against it, they will most likely withdraw their offers to us, and then where will we be? The Royal Farms will still be built, but the car wash will be closer to the church, there will be no fence separating the properties, the property we own across the road section will remain as it is, and the egress will be reinstated into the plan which means major traffic problems for us. I know quite a few church members who support this issue - many with the same attitude as myself: I don't want to see it there, but if we can't stop it, let's cut our best deal . . . especially when they are aware of the concessions that are being made. I know others who originally opposed it, but once they hear the concessions made by Royal Farms, they no longer are in favor of opposing it. More importantly - I cannot grasp why this spells the end of Nimmo UMC. First of all, all the building that has gone on around us the last 30 years has not done so. • The Crescent condos and the Konikoff and Sentara offices built directly across the street on General Booth Boulevard; ➢ The 7-11 on the corner ➢ The housing development directly behind the church (on Newstead); 5 ➢ The Red Mill Landing condos and shopping center behind the church with the restaurants and yoga shops and nail places; ➢ The day care center next door ➢ The veterinarian's office next to the 7-11; ➢ Matthews Green housing development. All of those have been built since I started at Nimmo in 1990, and yet we continue to survive and thrive. Virginia Beach UMC sits between Atlantic Avenue and Pacific Avenue - I know of no church location in Virginia Beach surrounded by a more commercial environment than they are . . . with homeless people sleeping in the doorways every night - and yet they not only exist, but continue to grow and thrive. I don't believe the existence or not of a convenience store spells the end of our church. If we cease to exist, it will be because we didn't do the job God calls us to do as Christians in and out of the church. If we are doing what we should be doing, the church will grow stronger from within which is where it should be. If we're not doing that work as ministers, then it doesn't matter whether you have a convenience store, a park, or a zoo there. Lastly, here is the list of concessions that Royal Farms has made to us thus far: • Located the store and canopy as close to the intersection as possible • Reduced the number of gas islands from 5 to 4 • Agreed to leave large portions of the treed area adjacent to the church in a natural state. (Ranging from 35 feet to approximately 100 feet) • Agreed to perform a traffic study and share it with the Church • • Agreed to eliminate the proposed shared access to Princess Anne Road eliminating the only full access to site leaving all of that area in its natural state. • Agreed to relocate the car wash to the western portion of the site approximately 169 feet from the property line • Agreed to relocate the fueling storage area from the center of the property to the area adjacent to General Booth Boulevard. • Agreed to install an 8-foot-high fence as opposed to a 6-foot-high fence by portions of our developed portion of the site 6 • Offered to install a wooden split rail decorative fence along the Church's western property line from the paved parking spaces by the Church out to General Booth Boulevard • Agreed to an all-brick store versus the company's proto-typical store design. I think it might be a good idea that we draft a memo/letter to go out to the membership that spells out everything that has happened thus far, the offers that have been made, when the planning commission meets to hear this, and any other information we feel needs to be in there. I would suggest that it come from Donna as the chair of the Board of Trustees and me as the chair of the Administrative Council with the agreement of the pastor. I don't write any of this with any animosity or hard feelings towards anyone. And I apologize the for the length, but there was a lot of ground to cover, and I just wanted to lay out the way I see the situation now after everything that has gone on the last six months. I'm open to any comments, suggestions, opposing viewpoints, or anything else you wish to express. I pray for peace and understanding throughout our church and its members each and every day. Grace, peace, and prayers, Drew Hoa N. Dao From: Nicole Garrido Sent: Wednesday,August 11, 2021 9:47 AM To: Hoa N. Dao; Marchelle L.Coleman Subject: Fw: Rezoning on Nimmo Follow Up Flag: Follow up Flag Status: Flagged Opposition note below. From:Traci Hayes<sweets4tlh@me.com> Sent:Wednesday,August 11, 2021 12:51 AM To: Nicole Garrido<NiGarrido@vbgov.com> Subject: Rezoning on Nimmo 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. I am against rezoning the area around Nimmo church. This should not be rezoned as commercial property. Traci Hayes. Sent from my iPhone 1 Hoa N. Dao From: Nicole Garrido Sent: Wednesday, August 11, 2021 9:49 AM To: Hoa N. Dao; Marchelle L. Coleman Subject: Fw: I Vote NO to Rezoning in Front of Historic Nimmo Church Follow Up Flag: Follow up Flag Status: Flagged Opposition note below. From:Teresa Davison <tdavisonl@cox.net> Sent:Tuesday,August 10, 2021 9:38 PM To: Nicole Garrido<NiGarrido@vbgov.com> Subject: I Vote NO to Rezoning in Front of Historic Nimmo Church 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 Evening, I am writing to oppose rezoning this land. I, like many others, am unable to attend a zoning meeting in the middle of the day on a workday. Sometimes I honestly believe these meetings are scheduled like this because the city knows the turnout will not be the same as if it was an evening meeting. A convenience store/car wash beside a historic church that includes a graveyard? I vote NO...NO..NO 1 Hoa N. Dao From: Nicole Garrido Sent: Wednesday, August 11, 2021 10:07 AM To: Hoa N. Dao; Marchelle L. Coleman Subject: Fw: rezoning near Nimmo Church Follow Up Flag: Follow up Flag Status: Flagged Opposition note below. From:Jerri Peake<jerri.peake@cox.net> Sent:Wednesday,August 11, 2021 10:00 AM To: Nicole Garrido<NiGarrido@vbgov.com> Subject: rezoning near Nimmo Church 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. I cannot attend the meeting today but would really like to see this area NOT rezoned. We do NOT need another gas station/convenience store/carwash! Jerri Peake Pine Meadows 426-0749 1 PETITION We the undersigned, members of NIMMO United Methodist Church, neighbors of NIMMO church,and concerned citizens of Virginia Beach hereby express our opposition to the proposed chafe of zoning and development of property bounded by General Booth Blvd (NW), newly developed Princess Anne Road(SW), and NIMIMO United Methodist Church property(East). The proposal seeks to build an extensive commercial activity on approx.3.3 acres,comprising a Royal Farms gas station, convenience store,and car washing station -operating on a 24 hour basis. We petitioners oppose this development as not compatible for its proximity to the church complex in general and especially the cemetery. It violates the spirit if not word of wise land use,and certainly is not congruent with NIMMO's recognition as a designated Historical site. The development, if approved, could in fact threaten the church's future. It certainly would impact its ability to grow and accommodate new members as development of additional southern portions of city occurs. The land in question is currently zoned for Office and Institutional use. In that capacity it would be compatible with nearby residential properties and other office complexes and have but light impact on NIMMO and the surrounding area. It should be noted that gas stations abound within a small area in this vicinity...further,this property contains a significant growth of mature, indigenous trees—essentially all of which would be destroyed by the above proposal—but not necessarily by a light office complex,where existing trees can buffer both church and office complexes. We urge decision makers to deny the proposal as being inappropriate and incompatible with a Historical Church approaching its 230th year anniversary. (Incidentally,the original worship structure still stands-in use with its floor planking intact, having been built in 1791 on property donated by Anne Nimmo. It is recognized as the oldest active Methodist church in the state of Virginia.) Name Address 5' nature Date / �► -bAWI L <weeiv 4Jlt.IU 65 r/4-cir firdi V3 z3i)i2rt1 w aiz 3 s w,* 202I — o n • a gam /1W 7ivro ti/� �- '� ''a/ i ANC l_c).16tusvglyk n45 L2k5rks& ifB 23 r3 • , Lv-- 51,5 121 MA.4� A- W ►� army L` 'x —J., a3 Z •- a 62 I Pen 4 0 ` vt ., . e c ng� a3`tsb c � ? ej/5I d 11ES irk q 1'1rn cu:\al! ,mot -I . U3.V14.131fs( c )t c GW1�), "ire-- 2 t 1tc 4��S S �r-, 2ggffl Pack tok34( c (dig...-. . J S /� 0.4.is0 ;ou- c,) if X ''3 1 �- 4 5 0 Lois Rs,p gooFg..ee,- . Aer3t7 r8 srass ..; s/vtIZt T. b `o, u"c t, 4GD t rLrUf, APt(�47 rea3 5M 4 .rl� ., .yt,,� � s13star I A.c. 'A i cz«f� Z Zc Sar4-* J3 Z 3ast r K.i - S z. J Jowl)A 4 Sc1 'e( i 4edic..�,�dc �ritrc VF 2345 n 6 Pit/ S• ► cr LLS 1 g....1tk VY5 v s'Sys S! S t5/s�1 �,r� 7 9 r .e c - Y�$ 2-3�' 'r7if`f i PETITION We the undersigned,members of NIMMO United Methodist Church, neighbors of NIMMO church,and concerned citizens of Virginia Beach hereby express our opposition to the proposed change of zoning and development of property bounded by General Booth Blvd(NW), newly developed Princess Anne Road(SW), and NIMIMO United Methodist Church property(East). The proposal seeks to build an extensive commercial activity on approx.3.3 acres,comprising a Royal Farms gas station,convenience store,and car washing station -operating on a 24 hour basis. We petitioners oppose this development as not compatible for its proximity to the church complex in general and especially the cemetery. It violates the spirit if not word of wise land use,and certainly is not congruent with NIMMO's recognition as a designated Historical site. The development,if approved,could in fact threaten the church's future. It certainly would Impact its ability to grow and accommodate new members as development of additional southern portions of city occurs. The land in question is currently zoned for Office and Institutional use. In that capacity it would be compatible with nearby residential properties and other office complexes and have but light Impact on NIMMO and the surrounding area.It should be noted that gas stations abound within a small area in this vicinity...further,this property contains a significant growth of mature,indigenous trees-essentially all of which would be destroyed by the above proposal-but not necessarily by a light office complex,where existing trees can buffer both church and office complexes. We urge decision makers to deny the proposal as being inappropriate and incompatible with a Historical Church approaching its 230th year anniversary. (Incidentally,the original worship structure still stands-in use with its floor planking intact, having been built in 1791 on property donated by Anne Nimmo. It is recognized as the oldest active Methodist church in the state of Virginia.) Name Address Signature Date isoo , .2,/ arse Gem 297. Enc lr C lr. NU-) 21la! j/Odynek 1 1L 7lei- suE Gtalotho.44 a-vA, 671 21-1 1 7 24 Lam et 8 .24 /.,u..ci/ t. A'ee.ves 470 9' 7 . d210e1., . Sioi 5 z3�,2! hi 4 X !J. tt o Au 7.i'1 f.j �'1. '.s� Q � � 5/ 3Jz ( fl i - "`TY r 41teR 30 v4"S Bc b { . 4# kiuZQ. WLALANa. 4//3l /41,41..e. 13Oo seta. a974. E/¢9 a.vma.L.v► C..he rkr 13.0 1 9 7 to Eft ,,�a�t I-'• ��* W -,t 3 - 2 I �� pe> a 1_11 J ��VV z Nn f4g.,04- RA4cee /ZRoN.✓ 671 CLai.fc u \ 5-z3LI I/N1Q S1£1)R . CHamJCt a?I3 y akll;bt,JQi/J4A 1k%141. s- 2.4- dl Ra bcrtViaM KO 24,3 1i e-ba 112 l 6/1yf.2/ z o date. Koch /i)'q m,'�I 15 4.51.1mW PAGE z PETITION We the undersigned, members of NIMMO United Methodist Church, neighbors of NIMMO church,and concerned citizens of Virginia Beach hereby express our opposition to the proposed change of zoning and development of property bounded by General Booth Blvd (NW), newly developed Princess Anne Road (SW), and NIMIMO United Methodist Church property(East). The proposal seeks to build an extensive commercial activity on approx. 3.3 acres,comprising a Royal Farms gas station, convenience store, and car washing station -operating on a 24 hour basis. We petitioners oppose this development as not compatible for its proximity to the church complex in general and especially the cemetery. It violates the spirit if not word of wise land use,and certainly is not congruent with NIMMO's recognition as a designated Historical site. The development, if approved, could in fact threaten the church's future. It certainly would impact its ability to grow and accommodate new members as development of additional southern portions of city occurs. The land in question is currently zoned for Office and Institutional use. In that capacity it would be compatible with nearby residential properties and other office complexes and have but light impact on NIMMO and the surrounding area. It should be noted that gas stations abound within a small area in this vicinity...further,this property contains a significant growth of mature, indigenous trees—essentially all of which would be destroyed by the above proposal—but not necessarily by a light office complex,where existing trees can buffer both church and office complexes. We urge decision makers to deny the proposal as being inappropriate and incompatible with a Historical Church approaching its 230"year anniversary. (Incidentally,the original worship structure still stands-in use with its floor planking intact, having been built in 1791 on property donated by Anne Nimmo. It is recognized as the oldest active Methodist church in the state of Virginia.) Name Address Signature Date�� 511,24 'J i 1 Olit • I illy sG ♦ •..m .!_:�`Aro 9 : . ` ' 5/ m _ - 4 .TR.IL'l ' , [549 ` a I I - '0 7 a /NO 7' c - -.c..NINVOINWNINDWAN MffireleAP II 'Par C4r k(o . 1-1 ace r,b Cr:.se P:,.� .' • -.A -a b,s4ro Zzz y d r- - s . 21 Re cl OW 1-RR El(tl 14 i 4i T {•loYca w/4-/ AiMr, -- 1.?v".- �!1I ral irEgrra : & f v , 03 c if= gg, b 021 ea) a •,wK;„s 13.6 ?oltxr b hes •ctht Zna ffk 6/Of/at PA 5 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW 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 The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e72786fd5a46352d38292c751 d4c7a092 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 21, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNC 0 NI 00 L C O C Y L ON OUW S A T HE E ME S S E ON E I R Y B S S E RN T N ELECTION OF VICE MAYOR 11. CITY COUNCIL'S BRIEFING A. CITIZEN REVIEW PANEL TASK FORCE Sean Monteiro RECOMMENDATION III. CITY MANAGER'S BRIEFING A. NEW CITY HALL UPDATE Tom Nicholas, Facilities Engineer— Public Works IV-IX. A-E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y SESSION F. MINUTES A 1. SPECIAL SESSION APPROVED 9-0 Y Y Y Y Y Y Y Y Y B August 10,2021 A N E D 2. SPECIAL SESSION APPROVED 9-0 Y Y Y Y Y Y Y Y Y AB August 12,2021 s T A N E D 3. INFORMAL and FORMAL SESSIONS APPROVED 9-0 Y Y Y YYY Y Y Y A August 17,2021 B A N D G. PUBLIC HEARING 1. APPLICATIONS FOR THE 1 SPEAKER TRANSPORTATION ALTERNATIVES PROGRAM H. MAYOR'S PRESENTATION 1. 20t ANNIVERSARY—9/11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNC O M O O L C O C Y L ONOUWS A T HE EME S S EONE I R Y B S S ERN TN J.1 Ordinances to AMEND: DEFERRED FOR 10-0 Y Y Y Y Y Y Y Y Y Y 60 DAYS,BY a. Section 1-3 and 1-30 of the Stormwater CONSENT 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) J.2. Resolution to MAKE certain commitments ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y regarding the Comprehensive Flood Mitigation Bond Referendum(Requested by Council Member Moss and Tower) J.3. Ordinance to CREATE the Atlantic Park ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Community Development Authority(CDA) CONSENT J.4. Resolutions to SUPPORT Revenue Sharing ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y projects and AUTHORIZE the City Manager CONSENT 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 VH-B .1.5. Resolution to SUPPORT the City's 2021 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Applications for the Virginia Department of CONSENT Transportation(VDOT)Transportation Alternatives Set-Aside Program for FY2022-23 and FY2023-24 J.6. Resolution to AUTHORIZE a contract ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y between the Virginia Beach Community CONSENT Services Board and the Commonwealth of Virginia re mental health,developmental and substance use disorder services J.7. Resolution to AUTHORIZE increased ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y contributions to the Department of the Army re CONSENT Rudee Inlet Maintenance Dredging J.8. Ordinances to EXTEND the date for satisfying ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y conditions re closing an improved portion of CONSENT 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNCOMOOL C O C Y L ONOUWS A T HE EME S S E ONE I R Y B S S ERN TN J.9. Ordinances to EXTEND the date for satisfying ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y the conditions re closing portions of CONSENT unimproved rights-of-way adjacent to thirteen(13)residential properties located along 751"and 76th Streets and West of Atlantic Avenue a. 217 75t Street b. 215A&215B75tStreet c. 213 75'"Street d. 211 75`"Street e. 209 75th Street f. 205 75'"Street g. 203 75th Street h. 218A&2I8B76tStreet i. 216A&216B76tStreet j. 214 76th Street k. 210 76th Street 1. 208A&208B 76th Street m. 7500 Atlantic Avenue J.10. Ordinance to EXTEND the date to satisfy ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y conditions re closing a 10,645 square foot CONSENT portion of right-of-way known as Lord Dunmore Drive J.11. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-Owned CONSENT 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 J.I2. Ordinances to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y from the Federal Emergency Management CONSENT 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 J.13. Ordinances to ACCEPT and APPROPRIATE: a. $14,097.28 from the Virginia Department ADOPTED,BY 10-0 1' Y Y YYY Y Y Y Y of Health the FY2021-22 Emergency COSENT Medical Services(EMS)Operating Budget re support rescue squad operations and training b. $35,291 from Dominion Energy Services, ADOPTED,BY 9-0 YYYYY a Y 1 1' Inc.to FY 2021-22 Parks and Recreation CONSENT Operating Budget re plant trees to increase A the urban tree canopy in accordance with the City's Urban Forest Management e Plan D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDN C O M O O L C O C Y L ONOUWS A T HE EME S S E ONE I R Y B S S ERN TN c. $65,000 from the Virginia Supreme Court Drug ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Treatment Court Docket Grant to the FY 2021- CONSENT 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 ADOPTED,BY 10-0 Y Y Y YYY Y Y Y 1" FY2021-22 Clerk of the Circuit Court CONSENT Operating Budget re provide compensation supplements for employees e. $274,825 from the Commonwealth in Aid to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Localities Grant Funding to the FY 2021-22 CONSENT Fire Department Operating Budget re personal protective equipment,training,and uniforms J.14. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE from the Department of COSENT 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 J.15. Ordinances to ACCEPT and APPROPRIATE ADOPTED 8-2 Y Y Y YYN Y NY Y 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.1. JEFFREY&PAIGE MADRIGAL for the APPROVED/ 10-0 Y Y Y Y Y 1" 1" 1" 1 1" Street Closure re 334 square feet portion of CONDITIONED, an unimproved right of way adjacent to the BY CONSENT rear of 317 45'"Street DISTRICT 6—BEACH (Deferred from November 19,2019) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 5 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNC O M O O L C O C Y L ONOUWS A T HE EME S S EONE I R Y B S S ERN TN K.2. ELIAS PROPERTIES VIRGINIA BEACH APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y INDEPENDENCE,LLC for a Conditional PROFFERED,BY Change of Zoning from Conditional B-I CONSENT 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) K.3. VIRGINIA BEACH DEVELOPMENT DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y AUTHORITY/ VIRGINIA BEACH SEPTEMBER 21, DEVELOPMENT AUTHORITY&FROB, 2021,BY LLC for a Modification of Proffer to a CONSENT Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7 — PRINCESS ANNE K.4. SAMET PROPERTIES&TAYLOR APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y FARMS LAND COMPANY,LLC for a PROFFERED/ Conditional Change of Zoning from AG-1& CONDITIONED 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 K.5. VTSLYNDMAYFLOWEROWNER,LLC APPROVED/ 8-2 YYN YYN Y Y Y Y for Conditional Use Permits re short term CONDITIONED, rental at 205 34°Street: BY CONSENT a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 DISTRICT 6—BEACH K.6. JERRETT SIMMONS/JARRETT APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y SIMMONS&MARLENA BEGLEY- CONDITIONED, SIMMONS for a Conditional Use Permit for BY CONSENT Alternative Resident Development re 2841 West Gibbs Road DISTRICT 7— PRINCESS ANNE K.7. Ordinances re Short Term Rentals: APPROVED,AS 6-4 YNY YYNN Y Y N AMENDED 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/07/21 PAGE: 6 B AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNC O M O O L C O C Y L ONOUWS A T HE EME S S E ONE I R YBS S ERN TN K.7. ITEMS FOR RECONSIDERATION FROM APPROVED, 8-2 YYN Y Y Y Y Y Y N JULY 13.2021 CITY COUNCIL ALTERNATE MEETING VERSION 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 RESCHEDULED BY C ON S E N S US 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE 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 10-0 Y Y Y Y Y Y Y Y Y Y Deferred the Vice Mayor Election to September 23,2021 N/O ADJOURNMENT 9:53 PM OPEN DIALOGUE 6 SPEAKERS 10:14 PM