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11-9-2021 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large _0` '4 C�G VICE MAYOR ROSEMARY WILSON,At Large 0'4 0 MICHAEL F.BERLUCCHI,Rose Hall-District 3 > LINWOOD O.BRANCH,Lynnhaven-District 5 U y BARBARA M.HENLEY,Princess Anne-District 7 _ N.D. "ROCKY"HOLCOMB,Kempsville-District 2 a ' LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large ou, Hpt�N5 AARON R.ROUSE,At Large GUY K.TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR November 09, 2021 FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.corn CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. INFORMAL SESSION - City Council Chamber- 2:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION II. CITY MANAGER'S BRIEFING 4:30 PM A. Dome Site Update Taylor Adams, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS 5:15 PM V. CITY COUNCIL DISCUSSION/INITIATIVES VI. CITY COUNCIL AGENDA REVIEW 5:30 PM VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. 'Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 19, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION a. Dale Snodgrass H. PUBLIC COMMENTS 1. ESTABLISH AN INDEPENDENT CITIZEN REVIEW BOARD 2. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENTS a. Filling vacancies on City Council b. Membership of Board of Equalization 2. CONVEYANCE OF EASEMENT ON CITY PROPERTY 665 Independence Boulevard to Dominion Energy 3. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 31.98 +/- acres at 4469 Charity Neck Rd J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2022 Legislative Agenda 2. Resolutions to REQUEST the General Assembly AMEND the City Charter re: a. Process for filling vacancies in the Office of Member of City Council and Mayor (Requested by Council Members Moss, Rouse and Tower) b. Expand the membership Board of Equalization (Requested by Council Member Moss) 3. Ordinance to AUTHORIZE the Dedication of a 2,218 square feet (0.05 acres) Utility Easement to Dominion Energy re serve HRSD Facilities on City-owned property at 665 Independence Boulevard 4. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H. Eaton, II (31.98+/- acres) b. Issuance by the City of its contract obligation in the maximum principal amount of $238,784 c. TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinances to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from September 7, 2021 6. Ordinances to EXTEND the date for satisfying conditions re: a. Closing one-half of unimproved, unnamed alley adjacent to the rear of 837 South Atlantic Avenue in Croatan b. Closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as Treasure Canal located at the rear of 2244 Windward Shore Drive re construct and maintain bulkhead, rip rap, timber pier, boat lift and roof structure b. Property located at the rear of 2460 Entrada Drive re construct and maintain timber bulkhead,wharf and boat lift c. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain 12 wood pile posts (Staff recommendation for denial) 8. Ordinances to ACCEPT and APPROPRIATE: a. $78,004 from the Edward Byrne Justice Assistance Grant(JAG)to the FY2021-22 Police Department and Community Corrections Operating Budgets re law enforcement purposes b. $220,000 from Eastern Virginia Medical School to the FY 2021-22 Parks and Recreation Operating Budget re provide childcare for financially challenged families c. $1,882,004 from the Virginia Department of Emergency Management to the FY2021- 22 Emergency Management Operating Budget re flood mitigation assistance at qualifying residential properties 9. Ordinances to TRANSFER: a. $250,000 to Capital Project #100574 "Courts Technology System Sustainment" re replace the Paging System in Court Building b. $150,000 to the Capital Project#100076 "Accela Sustainment" re Accela upgrades L. PLANNING 1. VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE (Deferred from October 19, 2021) RECOMMENDATION: APPROVAL 2. SCHAFFER CONSTRUCTION/JOE P. COVINGTON,JR.,JANET R. COVINGTON, B. HARRISON JAMES, III, KAREN BONNEY FLEMING & JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newton Road& 5790 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH DISTILLING LLC/OCEANA CROSSINGS,LLC for a Conditional Use Permit re craft distillery at 1375 Oceana Boulevard, Unit 142 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. SUE W. KENT for Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. PETER YORDANOV POPOV for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit A DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ............................. The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to 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: httns://vbgov.webex.com/vbgov/onstage/g.php?MTID=eac2f728 8454a8be481 e3 0df6ce0a42e5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 09, 2021. I. INFORMAL SESSION - City Council Chamber- 2:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION II. CITY MANAGER'S BRIEFING 4:30 PM A. Dome Site Update Taylor Adams, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS 5:15 PM V. CITY COUNCIL DISCUSSION/INITIATIVES VI. CITY COUNCIL AGENDA REVIEW 5:30 PM VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 19, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION a. Dale Snodgrass H. PUBLIC COMMENTS 1. ESTABLISH AN INDEPENDENT CITIZEN REVIEW BOARD 2. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes S�\NV1 �4 .a��1 i�7 )Sl 4 ; tt--,,,- CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend the City Code by Adding Article IV to Chapter 27 to Establish an Independent Citizen Review Board and to Direct Actions in Furtherance Thereof PUBLIC COMMENT: November 9, 2021 MEETING DATE: November 16, 2021 ■ Background: Virginia Code § 9.1-601 authorizes the governing body of a locality to establish a law-enforcement civilian oversight body and to empower the oversight body with certain duties, subject to policies and procedures established by the governing body for the performance of those duties by the oversight body. The City Council created a Citizens Review Panel Task Force to study the issue of civilian oversight and to make recommendations to the City Council regarding the establishment of an oversight body. Over the course of more than a dozen meetings and work done by the eleven members of the task force, all of which totaled almost 800 hours of volunteer service by the task force members, the task force reached a unanimous recommendation regarding the establishment of an oversight body for the City, including both proposed duties and the required policies and procedures regarding the performance of those duties. This ordinance implements those recommendations, creates an Independent Citizen Review Board, and authorizes the City Manager to create the position of Board Coordinator as recommended by the Task Force. • Considerations: The task force recommended that the members of the board receive extensive training, and that training is estimated to take a total of 45 hours. Because time will be needed to identify citizens for appointment and for those appointees to receive training, the task force recommended that the City's current oversight body, the Investigation Review Panel, continue to function. Once the new board is fully constituted and the appointees have been trained, the City Council will consider a resolution to dissolve the Investigation Review Panel. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; City of Virginia Beach Independent Citizen Review Board Policy and Procedures Requested by the City Council 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 ADDING ARTICLE IV TO CHAPTER 27 TO ESTABLISH 3 AN INDEPENDENT CITIZEN REVIEW BOARD AND TO 4 DIRECT ACTIONS IN FURTHERANCE THEREOF 5 6 SECTIONS ADDED: 27-60; 27-61; 27-62; AND 27-63 7 8 WHEREAS, Virginia Code § 9.1-601 authorizes the governing body of a locality to 9 establish a law-enforcement civilian oversight body and to empower the oversight body 10 with certain duties, subject to policies and procedures established by the governing body 11 for the performance of those duties by the oversight body; 12 13 WHEREAS, the City Council created a Citizens Review Panel Task Force to study 14 the issue of civilian oversight and to make recommendations to the City Council regarding 15 the establishment of an oversight body; 16 17 WHEREAS, over the course of more than a dozen meetings and work done by the 18 eleven members of the task force, all of which totaled almost 800 hours of volunteer 19 service by the task force members, the task force reached a unanimous recommendation 20 regarding the establishment of an oversight body for the City, including both proposed 21 duties and the required policies and procedures regarding the performance of those 22 duties; 23 24 WHEREAS, the City Council greatly appreciates the diligent and thorough work of 25 the task force members and desires to establish an oversight body consistent with the 26 task force's recommendations; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That in furtherance of the above-stated desire and intent of the City Council, the 32 Code of the City of Virginia Beach, Virginia is hereby amended and reordained by adding 33 thereto a new Article IV to Chapter 27 as follows: 34 35 CHAPTER 27 POLICE 36 . . . . 37 38 ARTICLE IV. INDEPENDENT CITIZEN REVIEW BOARD 39 40 Section 27-60. Establishment of the Board and Membership Requirements. 41 42 (a) There is hereby created the Independent Citizen Review Board as a law- 43 enforcement civilian oversight body of the Police Department. The board shall consist of 44 11 members, as well as 2 non-voting members with law-enforcement experience, with a 45 preference for persons with at least 15 years of law-enforcement investigative 46 experience, all of whom shall be appointed by the City Council and shall serve at the 47 pleasure of the City Council. In accordance with the requirements imposed by Virginia 48 Code § 9.1-601(E) or its successor provision, any person currently employed as a law- 49 enforcement officer as defined in Virginia Code § 9.1-101 or its successor provision is 50 ineligible to serve as a member of the board, but a retired law-enforcement officer may 51 serve on the board as an advisory, non-voting ex officio member; provided, however, that 52 such retired officer shall not have been previously employed as a law-enforcement officer 53 by the Virginia Beach Police Department but shall have been employed as a law- 54 enforcement officer in a locality that is similar to the City of Virginia Beach. 55 56 (b) The membership of the body shall reflect the demographic diversity of the City. 57 Appointees shall be eligible to vote, reside in the City of Virginia Beach, and should reflect 58 the racial, gender/gender identity, and socio-economic diversity of the City's population 59 and be chosen on the basis of expertise and experience in fields relevant to the 60 performance of the board's duties. The Council shall strive to appoint at least 2 members 61 under the age of 40. No member shall be a current City employee, but voting members 62 may include former City employees if honorably separated from service for at least five 63 years. Appointments shall be consistent with the membership disqualifiers set forth in the 64 next section of this Code. 65 66 Section 27-61. Membership Disqualifiers. 67 68 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if 69 any of the following apply: public office holder or candidate for such office; employed by, 70 or immediate family member of someone employed by the City; current employee of any 71 law enforcement agency; convicted felon (unless rights have been restored and the felony 72 conviction did not involve moral turpitude, a sex offense, domestic assault, offenses 73 involving children as victims, gun violations or any crime of violence as defined in Virginia 74 Code § 18.2-288 or its successor provision); a person convicted of any misdemeanor 75 involving moral turpitude, sex offense, domestic assault, or offenses involving children as 76 victims or gun violations; currently or previously subject to a protective order; less than 77 honorable discharge from the military; multiple DUI convictions within 10 years; any 78 pending criminal charges/adjudication; outstanding judgements; pending litigation 79 against the City by the appointee or immediate family member; or pending litigation 80 against a law enforcement officer by the appointee or immediate family member. For the 81 purposes of this section, the term "immediate family" shall be defined as set forth in 82 Virginia Code § 2.2-3101 or its successor provision. 83 84 (b) Any appointee shall promptly self-report changes in circumstances that may 85 cause him or her to be disqualified. 86 87 Section 27-62. Term of Appointments. 88 89 (a) Of the voting members initially appointed, 4 should be appointed for terms of 3 90 years, 4 appointed with terms of 2 years, and 3 appointed with terms of 1 year. Of the 2 91 non-voting members initially appointed, one should be appointed for a term of 3 years, 92 and one should be appointed to for a term of 2 years. 93 94 (b) Following the initial appointments, all appointments shall be for terms of three 95 years, but neither voting nor non-voting members should be re-appointed for more than 96 one consecutive term. 97 98 Section 27-63. Duties of the Board and the Establishment of Policies and 99 Procedures for the Performance of Those Duties. 100 101 (a) The board shall have the following duties, subject to the policy and procedures 102 referenced in subsection (b): 103 104 1 . To receive, investigate, and issue findings on complaints from civilians regarding 105 the conduct of sworn members of the Police Department; 106 107 2. To investigate and issue findings on incidents, including the use of force by a 108 law-enforcement officer that results in the death of, or serious injury to, any person held 109 in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and 110 other incidents regarding the conduct of sworn members of the Department (and for 111 purposes of this section, "serious injury" shall be defined as "bodily injury that involves 112 substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or 113 protracted loss or impairment of the function of a bodily member, organ, or mental 114 faculty"); 115 116 3. To hold hearings and, if after making a good faith effort to obtain, voluntarily, 117 the attendance of witnesses and the production of books, papers, and other evidence 118 necessary to perform its duties, the board may apply to the circuit court for a subpoena 119 compelling the attendance of such witness or the production of such books, papers, and 120 other evidence, and the court may, upon good cause shown, cause the subpoena to be 121 issued; provided, however, that any person so subpoenaed may apply to the court that 122 issued such subpoena to quash it; 123 124 4. To investigate policies, practices, and procedures of the Department and to 125 make recommendations regarding changes to such policies, practices, and procedures. 126 In response to such recommendations, the Department shall create a written record, 127 made available to the public, in cases in which the Department declines to implement 128 such changes; 129 130 5. To review any investigations conducted internally by the Department and to 131 issue findings regarding the accuracy, completeness, and impartiality of such 132 investigationsi 133 134 6. To request reports of the annual expenditures of the Department and to make 3 135 budgetary recommendations to the City Council concerning future appropriations; 136 137 7. To make public reports on the board's activities, including investigations, 138 hearings, findings, recommendations, determinations, and oversight activities; and 139 140 8. To undertake any other duties as reasonably necessary for the board to 141 effectuate its lawful purpose as set forth in this section. 142 143 (b) The board in the exercise of the duties listed above shall adhere to the 144 provisions of the City of Virginia Beach Independent Citizen Review Board Policy and 145 Procedures, which have been established by the City Council and shall be available for 146 public inspection and also be publicly accessible via the City's website. 147 148 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 149 VIRGINIA BEACH, VIRGINIA: 150 151 That the City Council hereby establishes the policies and procedures for the 152 performance of the duties by the Independent Citizen Review Board as set forth in the 153 attached document entitled, "City of Virginia Beach Independent Citizen Review Board 154 Policy and Procedures." Furthermore, although that document authorizes amendments 155 to the document by the City Manager, (1) the City Manager shall not make any revisions 156 to the document that are inconsistent with the provisions of this ordinance unless 157 expressly authorized by subsequent action of the City Council, and (2) with respect to 158 amendments to the document that are not inconsistent with this ordinance, the City 159 Manager shall inform the City Council in writing of the proposed revisions prior to 160 implementation of the same. 161 162 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 163 VIRGINIA BEACH, VIRGINIA: 164 165 That, consistent with Section 4 of the FY 2021-22 Annual Appropriation Ordinance, 166 the City Manager or designee is authorized to transfer appropriations and/or positions 167 between departments or funds to implement the City Council priority enacted above 168 regarding the position of Board Coordinator as set forth in the City of Virginia Beach 169 Independent Citizen Review Board Policy and Procedures. After such transfer of 170 appropriations and/or positions, the City Manager shall provide written confirmation of 171 same to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. 4 APPROVED AS TO LEGAL SUFFICIENCY: r Gie-& &Z City Attorney's Offic CA15576 R-2 November 2, 2021 5 CITY OF VIRGINIA BEACH INDEPENDENT CITIZEN REVIEW BOARD POLICY AND PROCEDURES I. PURPOSE It is the purpose of the Independent Citizen Review Board ("Board") to ensure that reports and conclusions of the Police Department's Internal Affairs Office investigations involving abuse of authority or other serious misconduct are complete, accurate, and factually supported. To that end, the Board shall have the authority to review these findings, to the extent provided for herein, (1) when a complainant is dissatisfied with such an investigation and requests an independent review, or (2) when the Board identifies, for any reason, an Internal Affairs investigation they believe warrants an independent review. The Board may at anytime, whether in conjunction with an investigation review or otherwise, also review and make recommendations to the Police Chief and/or City Manager regarding any existing or proposed Police Department policies or procedures. Board hearings shall not be considered civil or criminal proceedings, but independent reviews of administrative investigations concerning the performance of sworn police officers. All Board hearings shall be properly advertised in advance and open to the public; provided, however, that in the discretion of the Board for good cause shown, a hearing may be closed upon the request of a party to protect the privacy of individuals such as juveniles and victims of sexual assault. Also, Board deliberations may be conducted as provided for in subsection IV.GB.2.b.(2) below, but the Board's decision shall be announced in public once they have concluded their deliberations, as well as posted on the Board's website. II.APPLICABILITY This Policy shall be applicable to all sworn police officers of the City. III. COMPOSITION 1. Number and Method of Appointment: The Board, whose members shall be reflective of the diversity of the City's population, shall be comprised of eleven (11) members, and two (2) non-voting members with 15 years of law enforcement experience with investigative experience preferred, who shall be appointed by the City Council. No individual shall be nominated or appointed if any of the disqualifiers set forth herein apply to that individual. Appointees shall be eligible to vote, reside in the City of Virginia Beach and reflect the racial, gender/gender identity, and socio- economic diversity of the City's population, and shall be chosen on the basis of expertise and experience in fields relevant to the performance of the duties of the Board. At least two (2) voting members of the Board shall be under the age of forty (40). No voting or non-voting Board member may be a current City employee. However, voting members may be former City employees if honorably separated from service for at least five (5)years. Staff: The City Manager will designate an existing staff member or hire from a pool of Independent Citizens Review Board vetted applicants, a Board Coordinator. The Board Coordinator may monitor investigations, and will conduct trend analysis, and coordinate community outreach with applicable City staff. City staff and resources will be made available to the Board Coordinator as appropriate so as to facilitate the execution of duties. 2. Disqualifiers: No person may serve on the Board, in either a voting or non- voting capacity if any of the following apply: public office holder or candidate for such office; employed by, or immediate family member of someone employed by the City; current employee of any law enforcement agency; convicted felon (unless rights have been restored AND felony conviction did not involve moral turpitude, sex offense, domestic assault, offenses involving children as victims, gun violations or any crime of violence as defined in Section 18.2-288 of the Code of Virginia); any misdemeanor conviction involving moral turpitude, sex offense, domestic assault, or offenses involving children as victims or gun violations; currently or previously subject to a 2 protective order; less than honorable discharge from the military; multiple DUI convictions within 10 years; any pending criminal charges/adjudication; outstanding judgements; pending litigation against the City by appointee or immediate family member; or pending litigation against a law enforcement officer by appointee or immediate family member. Any appointee shall promptly self-report changes in circumstances that may cause him or her to be disqualified. 3. Conflict of Interest: No appointee shall be an officer or employee of the City, or an immediate family member, as defined by the Virginia Conflict of Interests Act, of any officer or employee of the City. Should a matter come before the Board in which a member of the Board's personal interests may influence his or her ability to hear an issue or case in an impartial manner, that member shall abstain from participating therein, including hearing and/or discussing the particular matter. The Board member shall indicate to the Chairperson the existence and nature of the conflict, and thereafter the Board member shall be excused from hearing and/or participating in the matter. 4. Term: Of those voting members initially appointed, four (4) will be appointed for terms of three (3) years, four (4) will be appointed for terms of two (2) years, and three (3) will be appointed for a term of one (1) year. Of those non-voting members initially appointed, one (1) will be appointed for three (3) years and one (1) will be appointed for two (2) years. Thereafter, all appointments shall be for terms of three (3) years. Both voting and non-voting members may be re-appointed for no more than one (1)consecutive term. 5. Removals and Vacancies: Members of the Board serve at the pleasure of the City Council. Members shall be removed for a)missing two (2) consecutive meetings of the Board without appropriate excuses delivered to the Chair of the Board within a reasonable period of time, b) repeated failure to perform Board member duties, to include completion of any assigned training, c) violation of the Standards of Professional Conduct or confidentiality agreement, or d) a post-appointment change in facts or circumstances which would have caused the member to have been disqualified from being appointed. The Chairperson shall notify the City Clerk if any member meets 3 the removal requirement, and the City Clerk shall in turn notify City Council that their review and action may be warranted. Any vacancy occasioned by resignation, death or removal of a member will be filled for the unexpired term by appointment by the City Council. 6. Chairperson and Vice-Chairperson: At the first meeting of the Board, the members shall elect a chairperson and/or vice-chairperson from among themselves. Thereafter, a new Chairperson and Vice-Chairperson shall be elected annually at the meeting of the Board falling closest to the anniversary date of the previous Chairperson's election. If either the Chairperson or Vice-Chairperson resigns or otherwise is no longer a member of the Board, the Board shall elect another Board member to serve the unexpired term of the departing officer. The Chairperson shall be the Board's official spokesperson and shall act as liaison between the Board and the City Manager. The Vice-Chairperson shall serve in the absence of the Chairperson and as otherwise provided herein. 7. Training: The City Manager shall cause the development of Standards of Professional Conduct for Board members, as well a comprehensive training program for all appointees to the Board. Before assuming office and prior to beginning their duties, each member shall be required to agree to adhere to the Standards of Professional Conduct and complete a basic course of training, including but not limited to relevant scenario-based and lecture-based courses at the Virginia Beach Police Academy, instruction in constitutional and criminal protections, attending the Citizen's Police Academy, and ride-alongs with members of the Police Department assigned to patrolling the City. Until such time as all Board members have agreed to (signed) the Standards and have completed the training, the existing Investigation Review Panel (IRP) shall continue their current role. Completion of annual refresher training, including ride-alongs, as established by the City Manager, Chief of Police and City Attorney, shall also be required. 8. Quorum: Seven (7) voting members shall constitute a quorum. However, a majority vote, i.e., six (6) votes of eleven (11) voting members, shall be required for an 4 action to be taken, with the exception of certain items for which the policy requires a higher vote threshold. 9. Meetings: The Board shall meet as often as necessary to conduct its business in a timely manner that is responsive to citizen complainants and provides for the compliance with time constraints set forth herein. Public notice of meetings shall be given by the Department of Human Resources at least forty-eight (48) hours in advance of the meeting. IV.AUTHORITIES, DUTIES AND FUNCTION A. JURISDICTION OF BOARD 1. Citizen Request for Review: The Board shall, upon the request of any citizen who has filed a formal complaint with the Police Department, Board Coordinator or City Manager's Office regarding the conduct of a sworn member of the Police Department, and who has received from the Police Department a disposition letter regarding such complaint, conduct an independent review of the findings of the Police Department's Internal Affairs Office investigation into that matter, with the following exceptions: a. The Human Resources Director or designee shall provide copies of the citizen's request for a review along with the complete Internal Affairs investigative file, other than those that meet the criteria of subsections b., c., and d. immediately below, to the Board. b. The Human Resources Director or designee, in consultation with the Police Department, and if needed, the City Attorney's Office and Commonwealth's Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending criminal proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the criminal proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may 5 contact the Human Resources Department once the criminal proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the criminal proceedings, including any appeals. c. The Human Resources Director or designee, in consultation with the City Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending civil proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the civil proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may contact the Human Resources Department once the civil proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the civil proceedings, including any appeals. d. The Human Resources Director or designee shall determine if the complaint concerns discipline covered by the City's Disciplinary Policy and Procedure and Grievance Procedure. If so, the Director or designee shall inform the complainant in writing that such discipline is not subject to review by the Board. 2. Other Mandated Reviews: The Board shall conduct an independent review of any Internal Affairs Investigation into the death or serious injury of any person as a result of police action, subject to the provisions in IV.A. 1. b, c and d above. 3. Board and Administration Initiated Reviews a. The Board may direct the Board Coordinator to conduct real time passive monitoring of any ongoing Internal Affair's investigation into a citizen complaint, obtain updates and report those findings to the Board to the 6 extent that it allows the Board to update the community as to the progress of the investigation (number of witnesses interviewed to date, number of anticipated further witnesses to contact, delays encountered/anticipated, etc.). b. The Board may, upon notice to the involved citizen, self-initiate an independent review of any completed Internal Affairs investigation of a citizen complaint except in those cases exempted in IV. A. 1. b, c, or d above. c. The Board may self-initiate an independent review of any completed Internal Affairs investigation into any incident that rises to their attention and that, by majority vote of the full Board, they decide warrants Board review except in those cases exempted in IV. A. 1. b, c, or d above. The Board may initiate a review due to any number of factors, including public response to a police incident or investigation. d. The Board may conduct an independent review of the completed Internal Affairs investigation into any citizen complaint at the request of the City Manager or the Chief of Police except in those cases exempted in IV.A. 1. b, c, or d above e. The Board may also self-initiate an independent review of any proposed or existing policy or practice of the Police Department, as well as conduct such a review at the request of the City Manager or Police Chief. 4. Community Outreach and Education a. The Board chairperson and vice-chairperson, with assistance by other Board members, the Board Coordinator and support from City Staff, shall develop a strategic communications plan in order to promote the existence, purpose/ jurisdiction and processes of the Board to the community at large in an effort to create broad awareness of the Board's powers as another mechanism to ensure accountability and transparency regarding the actions of Police Department members. Outreach and education efforts should be persistent 7 and may include: being available for interviews, appearances on various media, speaking to civic groups, website upkeep, development/distribution of brochures and social media presence. B. PROCEDURE 1. Independent Review Process: a. The Police Department shall inform the complainant of Internal Affairs Office investigative findings by mail to the most recent address provided by the complainant, and shall provide a brochure explaining the Virginia Beach Independent Citizen Review Board Process and a Request For Review Form. At the same time Internal Affairs notifies the complainant, they shall also notify the Human Resources Director or designee,who shall promptly send a subsequent notification and Request For Review Form to the complainant. b. The Request for Review Form submitted by a complainant shall include identifying information, a statement describing the nature of the original complaint and/or allegations, the reasons for the requested review and supporting evidence, and a complete list of the names, addresses, and telephone numbers of all known witnesses. c. Requests for review shall be made in writing, addressed to the Director of Human Resources and shall be delivered or postmarked within ninety (90) calendar days from the date the Police Department Internal Affairs Office investigative findings are mailed to the complainant. The time for filing may be extended by the Board for good cause shown. d. The Director of Human Resources shall cause an acknowledgement of receipt and acceptance of the Request for Review to be sent to the complainant within five (5) working days of such receipt. e. Unless a majority of the members present at the meeting vote to waive the requirement, no written material, recordings or videos shall be considered by 8 the Board which was not made available to the Board at least five (5) days prior to the hearing. 2. Hearing: a. Upon notification by the Independent Citizen Review Board that the Board is going to conduct a review of a particular Internal Affairs Investigation, the Police Department's Internal Affairs shall provide the Human Resources Director or designee a complete copy of the relevant investigative file for distribution to the Board. No subpoena or other legal process shall be required for the Board to obtain the complete file from the Police Department.Absent extenuating circumstances, the Board shall, within thirty (30) calendar days of receipt of the complete Police Department investigative report and file, conduct a hearing to review the departmental investigation. The Human Resources Director or designee shall send notification of the date and time of the hearing to Board members, the Police Department's Internal Affairs Office, the City Attorney's Office, and the complainant. Board review hearings shall be recorded and records maintained by the Department of Human Resources in accordance with the Library of Virginia Records Retention and Disposition schedule. b. At the hearing, the complainant shall state the specific reason(s) for the request for review, present supporting evidence, and provide statements pertinent to the allegation as stated on the Request For Review Form. Information not listed on this form cannot be presented at the Board Review, except as deemed appropriate by the Board. Upon completion of the complainant's statement, a Police Department representative familiar with the investigation shall present all findings of fact and a review of all evidence collected and received, including witness statements, subject to the following limitations: (1) The statement of any police officer who was required by the Department to give a statement under the provisions of Garrity v. 9 New Jersey, 385 U.S. 493 (1967) shall not be revealed in public. The Board shall have confidential access to the entire statement for the purpose of its review. The Internal Affairs officer presenting information to the Board may publicly state only that the officer admitted or denied the allegation, unless the officer consents to the public release of the entire statement. (2) The Board may convene in private to deliberate; provided, however, that any deliberations by the Board which do not address the alleged improper conduct or performance of duties of a public officer or employee shall be conducted in an open public hearing. Neither the Police Department representative nor any Board member shall reveal the identity of any victim of sexual assault, unless authorized to do so by the victim, or of any juvenile. c. Each member of the Board shall,prior to the hearing, be provided access to a complete copy of the Internal Affairs Office file. Board members shall not cause additional copies of any portion of such files to be made. The file is deemed a personnel record and shall not be disclosed nor shall copies be provided to the public. Such files shall be returned, fuly intact, to the director of Human Resources or designee at the conclusion of Board proceedings regarding each particular matter.All recordings of statements prepared in the course of the Police Department's investigation shall be made available to the Board. Prior to providing the file to the Board, the Director of Human Resources, in consultation with the Internal Affairs Office, shall determine if the file contains information concerning an identifiable juvenile. If the file contains such information, the Director of Human Resources shall forward the file to the City Attorney or designee, who shall redact information that identifies a juvenile in conformance with the requirements contained in Virginia Code § 16.1-301 or any successor provision. 10 d. The Board, in its discretion, may invite any person previously identified as a witness to appear at such hearings to answer questions proffered by the Board. e. During any Board review of a completed Internal Affairs investigation, the Board Coordinator may request from the Board an application for a subpoena to a Circuit Court Judge. Such request shall be made after all good faith attempts to obtain an interview or documentary evidence are exhausted. To make a request for subpoena application, the Board Coordinator must demonstrate necessity; obtain a legal review; prior to any Board vote, counsel for the Board shall be retained to provide advice regarding the potential application. Counsel shall be vigilant to advise regarding potential conflicts and interference with ongoing investigations or those that are contemplated as well as ethical considerations applicable to any application. The City Attorney, the Commonwealth's Attorney and the Internal Affairs Office shall be afforded the opportunity to express any concerns regarding the proposed application for subpoena directly to the Board prior to their vote on the matter. A super majority of the Board will be required to approve any request which shall be filed by counsel who will be bound by the rules of procedure and ethics in such application. Any application shall seek specific and relevant information that cannot be obtained by voluntary means or other recourse. See Rule Section 4:9 of the Rules of the Supreme Court of Virginia. See also Code of Virginia Section 9.1-601(D). After such steps, the Board must approve the application by an affirmative vote of at least 8 members. If the Board approves the request, then such application shall be made to a Circuit Court Judge no sooner than five (5) business days after the the Board has notified Internal Affairs, the City Attorney and the Commonwealth's Attorney that such application is to be made. f. Except in those cases exempted under IV. A. 1. b, c, or d above the City Manager or designee shall require the attendance and testimony of any 11 employee whose appearance is requested by the Board, and shall also require the production of any relevant documents or other materials in the possession of the Police Department, or other City departments, therefore subpoena power is unnecessary for the Board to gain access to City employees or evidence in the possession of the City. a. Any person appearing before the Board may be accompanied by legal counsel such counsel may advise their client regarding testimony, including response to specific questions, however, counsel shall not be authorized to participate in the proceedings. 3. Real-time Monitoring Process: a. Upon notification of an Internal Affairs investigation initiated by citizen complaint to either the Board, the City Manager, or Internal Affairs, the Board may direct the Board Coordinator to conduct real-time passive monitoring of the investigation, based upon severity of the allegation(s). b. On behalf of the Board, the Board Coordinator will be briefed by Internal Affairs on investigative approach and anticipated timeline. c. Periodically or upon request, the Board Coordinator shall provide the Board updates on the investigation progress and sufficiency. d. If the Board Coordinator determines an investigation is insufficient before conclusion, because the complainant or witness has refused to be interviewed by Internal Affairs, the Board Coordinator may conduct an independent interview. In advance of any such interview, the Board Coordinator shall coordinated with Internal Affairs, who may also provide technical advice where appropriate. All statements, evidence, etc. obtained by the Board Coordinator will be provided to Internal Affairs. 12 C. FINDINGS/RECOMMENDATIONS 1. Findings: In its findings, the Board may: a. Concur with the findings of the Police Department investigation; b. Advise the City Manager that the findings are not supported by the information reasonably available to the Department, setting forth the Board's reasoning for this determination; or c. Advise the City Manager that in its judgment the investigation is incomplete, setting forth what more the Board believes needs to be done. Upon a finding by the Board under the provisions of b. or c., the City Manager, upon consultation with the City Attorney and Chief of Police, shall direct further action as he deems appropriate. 2. Recommendations: The Board may recommend to the City Manager that a specific Police Department policy or procedure be revised or amended, setting forth specifics and the Board's rationale for the recommended changes. 3. Reporting: a. The Department of Human Resources shall, within five (5) working days of the conclusion of the Board's deliberations, submit a report of the Board's findings and recommendations to the City Manager. Thereafter, the Board shall notify the complainant of the findings and recommendations of the Board, and a copy of such findings and recommendations shall be made available to the public in accordance with the Freedom of Information Act. Additionally, the Police department must provide a written response to the City Manager for any findings of the Board under C. 1. b. or c. above, or for any recommendations of the Board regarding Police Department policies or procedures within fifteen (15) business days of receipt of the report from the Department of Human Resources. If it is not practically possible to provide a full response within fifteen business days, the Police Department shall inform the City Manager and the Board in writing of 13 the specific circumtances that necessitate a delay and shall then have up to fifteen additional business days in which to provide the final response. Such written responses from the Police Department shall be provided to the Board by the City Manager, and shall be made available to the public in accordance with the Freedom of Information Act. b. Within ten (10) business days of the end of each quarter, with staff support,the Board will provide to City Council a summary report of the Board's activities for the previous quarter. Additionally, on or before January 31 st of each year, the Board shall, with staff support, provide to the City Council an end-of-year summary and analysis of its activities during the previous year. All such reports shall be made available to the public in accordance with the Freedom of Information Act. D. BOARD RULES The Board shall, at its initial meetings, formulate rules of procedure governing its operations,not inconsistent with this directive. E. AMENDMENTS The City Manager may, from time to time after consultation with the Board, amend the provisions herein. This policy shall become effective on the date that it is signed by the City Manager. City Manager Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Date 14 APPROVED AS TO CONTENT: Department of Human Resources Date 15 I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENTS a. Filling vacancies on City Council b. Membership of Board of Equalization 2. CONVEYANCE OF EASEMENT ON CITY PROPERTY 665 Independence Boulevard to Dominion Energy 3. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 31.98 +/- acres at 4469 Charity Neck Rd S b�..4ei s o Public Notice Proposed Charter Amendments 1. Filling Vacancies on the City Council 2. Membership of Board of Equalization On Tuesday,November 9,2021,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold two public hearings to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. The following is an informative summary of the proposed amendments. The text of the amendments is posted at www.vts ., under the topic'Legislative Agenda." Public Hearing#1. This proposed amendment to the City Charter will amend§ 3.03 to change the method of filling vacancies in the office of member of the City Council and mayor. If adopted,all vacancies,except those occurring within 120 days of the next general election,will be filled by special election called within 60 days of the occurrence of the vacancy. The amendment includes technical language to avoid the holding of such special election during the period of time prior to and including the date of a primary election wherein special elections are prohibited. Public Hearing#2. This proposed amendment to the City Charter will amend§ 8.07 to expand the membership of the Board of Equalization from its present membership of 3 to 4.The Board of Equalization is appointed by the Virginia Beach Circuit Court,and it has the power to revise,correct,and amend any assessment of real estate. If these items are approved by the Council,they would become part of the City's17 Legislative Agenda. The hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. 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 naps://vUov.webex.cornlvLgoviunstug,/gW,u7Wiii-e1c2f72b6454a8 be481e300f6ceQ 442e5 2. Register with the City Clerk's Office by calling 757385-4303 prior to 5:00 p.m.on November 9,2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:October 24,2021 Tt NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISRION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 31.98 acres of land located at 4469 Charity Neck Road, in the City of Virginia Beach,Virginia(GPIN:2410-46- 9904), pursuant to Ordinance No. 95-2319, as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources,(d)reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$238,7price under The Can's entgaurhason to pay the purchaseentis price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing,which may be continued or adjourned,will be held by the City Council on November 9.2021,at 6:00 pm.,in the City Council Chamber located on the 2nd floor of the City Hall Building,2401 Courthouse Drive, Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. 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 •/vbgov/onstage/goho to j j.L.t r_r;_t_'b8454 a8be481e30df6ce0a42 68 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on November 9, 2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON: 10/24/21 and 10/31/21 U•ep �,,ss qh. pod s.4 ee PUBLIC HEARING CONVEYANCE OF EASEMENT The City Council of Virginia Beach, Virginia at its formal session on Tuesday, November 9,2021 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 will conduct a public hearing on the disposition and conveyance of a 2,218 sq. fl. Dominion Energy easement on City-owned property located at 665 Independence Blvd (GPIN: 1478-51-1092).The purpose of this hearing will be to obtain public input to determine whether this easement should be dedicated to Dominion Energy. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N.Landing Road,Building 23,Municipal Center at(757)385-4161. 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 rlrtns//vhgpv wehi x rnm/vheou/nn51a5e/P alp 7MTI1)=aar7f72RR4r,4aRhe481 e4(kif6reOa49 PS 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on November 9, 2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-OCTOBER 31,2021 K. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2022 Legislative Agenda 2. Resolutions to REQUEST the General Assembly AMEND the City Charter re: a. Process for filling vacancies in the Office of Member of City Council and Mayor (Requested by Council Members Moss, Rouse and Tower) b. Expand the membership Board of Equalization (Requested by Council Member Moss) 3. Ordinance to AUTHORIZE the Dedication of a 2,218 square feet (0.05 acres) Utility Easement to Dominion Energy re serve HRSD Facilities on City-owned property at 665 Independence Boulevard 4. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H. Eaton, II (31.98+/- acres) b. Issuance by the City of its contract obligation in the maximum principal amount of $238,784 c. TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinances to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from September 7, 2021 6. Ordinances to EXTEND the date for satisfying conditions re: a. Closing one-half of unimproved, unnamed alley adjacent to the rear of 837 South Atlantic Avenue in Croatan b. Closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as Treasure Canal located at the rear of 2244 Windward Shore Drive re construct and maintain bulkhead, rip rap, timber pier, boat lift and roof structure b. Property located at the rear of 2460 Entrada Drive re construct and maintain timber bulkhead,wharf and boat lift c. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain 12 wood pile posts (Staff recommendation for denial) 8. Ordinances to ACCEPT and APPROPRIATE: a. $78,004 from the Edward Byrne Justice Assistance Grant(JAG)to the FY2021-22 Police Department and Community Corrections Operating Budgets re law enforcement purposes b. $220,000 from Eastern Virginia Medical School to the FY 2021-22 Parks and Recreation Operating Budget re provide childcare for financially challenged families c. $1,882,004 from the Virginia Department of Emergency Management to the FY2021- 22 Emergency Management Operating Budget re flood mitigation assistance at qualifying residential properties 9. Ordinances to TRANSFER: a. $250,000 to Capital Project #100574 "Courts Technology System Sustainment" re replace the Paging System in Court Building b. $150,000 to the Capital Project#100076 "Accela Sustainment"re Accela upgrades CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) A Resolution Adopting the City's 2022 Legislative Agenda (2) A Resolution to Request the General Assembly Amend the City Charter to Provide a Process for Filling Vacancies in the Office of Member of City Council and Mayor (3) A Resolution to Request the General Assembly Amend the City Charter to Expand the Membership of the Board of Equalization MEETING DATE: November 9, 2021 • Background: City Council presents a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. This year, the two requested amendments to the City Charter are presented as separate resolutions, and if the separate resolutions are adopted, the transmittal to the General Assembly will include the publisher's affidavit required of a request to amend a local government charter. • Public Information: A discussion was held with City Council on September 28 and October 12, 2021. Public comment was received by the City Council during their meeting on October 19, 2021 . A public hearing for the two City Charter requests was held on November 9, 2021 after advertisement in the Beacon. • Attachments: Resolutions (3); 2022 Legislative Agenda. The 2022 Legislative Agenda is requested by the City Council. The requested Charter amendment regarding vacancies is requested by Councilmembers Moss, Rouse, and Tower. The requested Charter amendment regarding the Board of Equalization is rested by Councilmember Moss. REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2022 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2022 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2022 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2022 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of _, 2021. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /xc:xv‘2%�'r/yr City Manager's Office City Attorney's Office CA15558 R-1 October 4, 2021 3. mow• PROPOSED LEGISLATIVE AGENDA GENERAL ASSEMBLY 2022 SESSION NOVEMBER 9 , 2021 COIA B c .�. . � ; 46 rr Ns i! of OF OUR NA.• r CITY OF VIRGINIA BEACH CITY COUNCIL Mayor Robert"Bobby"M. Dyer At Large Vice-Mayor Rosemary A. Wilson At Large Michael Berlucchi Rose Hall Linwood Branch Lynnhaven Barbara M. Henley Princess Anne Norman"Rocky"D. Holcomb Kempsville Louis R. Jones Bayside John D. Moss At Large Aaron R. Rouse At Large Guy K. Tower Beach Sabrina D. Wooten Centerville CITY OF VIRGINIA BEACH GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis,Jr. Senate District 6 Senator Jen A. Kiggans Senate District 7 Senator William R. DeSteph, Jr Senate District 8 Senator John A. Cosgrove,Jr Senate District 14 Delegate Kelly K. Convirs-Fowler House District 21 Delegate C.E. "Cliff'Hayes, Jr House District 77 Delegate Barry D. Knight House District 81 Delegate Anne Ferrell Tata House District 82 Delegate Timothy V. Anderson House District 83 Delegate Glenn R. Davis, Jr. House District 84 Delegate Karen S. Greenhalgh House District 85 Delegate Angelia Williams Graves House District 90 Delegate Robert S. Bloxom, Jr. House District 100 TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL AND GENERAL ASSEMBLY DELEGATION SECTION 1-AMENDMENT TO THE COMMONWEALTH OF VIRGINIA CONSTITUTION 1. IMPOSE TERM LIMITS ON LOCAL GOVERNING BODIES 4 SPONSORED BYCOUNCILMEMBER AARON R.ROUSE SECTION 2-AMENDMENTS TO THE VIRGINIA BEACH CITY CHARTER 2. FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR 6 SPONSORED BY COUNCILMEMBERS JOHN D.MOSS,GUY K.TOWER AND AARON R.ROUSE 3. EXPAND MEMBERSHIP OF THE BOARD OF EQUALIZATION 8 SPONSORED BY COUNCILMEMBER JOHN D.MOSS SECTION 3-AMENDMENTS TO THE CODE OF VIRGINIA 4. DECRIMINALIZE THE SHARING OF TAX INFORMATION RELATED TO SHORT TERM RENTALS 10 SPONSORED BY COUNCILMEMBERS LOUIS R.JONES AND GUYK.TOWER 5. EXPAND FOIA EXCLUSIONS FOR NUISANCE-RELATED,CITY CODE COMPLAINANTS 11 SPONSORED BYCOUNCILMEMBER GUYK.TOWER 6. ALLOW LOCALII1hS TO IMPOSE PENALTIES TO DETER CONTINUING VIOLATIONS 12 SPONSORED BY COUNCILMEMBER GUYK.TOWER 7. INCREASE CAP ON CIVIL CASE FILING FEE TO SUPPORT PUBLIC LAW LIBRARIES 13 SPONSORED BYCOUNCILMEMBER GUY K.TOWER 8. RESTRICT CANDIDATES FOR ELECTION OR APPOINTMENT TO MAYOR OR MEMBER OF THE CITY COUNCIL 14 SPONSORED BYCOUNCILMEMBER AARON R.ROUSE 9. SUPPORT ADDITIONAL VIRTUAL MEETING OPTIONS FOR BOARDS AND COMMISSIONS 15 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI AND GUYK.TOWER SECTION 4-LEGISLATIVE POLICY STATEMENTS 10. REQUEST GENERAL ASSEMBLY TO FULLY FUND THE STEP-VA PROGRAM 17 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,SABRINA D. WOOTEN,GUYK.TOWER AND MAYOR BOBBY DYER 11. RESTORE TRANSPORTATION PROJECT REVENUE-SHARING PROGRAM 18 SPONSORED BY COUNCILMEMBER JOHN D.MOSS 12. EXPAND ACCESS TO STATE-ADMINISTERED BROADBAND FUNDS 19 SPONSORED BY VICE MAYOR ROSEMARY A. WILSON 13. INCREASE LOCAL AUTHORITY TO SUPPORT URBAN FORESTS AND ENHANCED ENVIRONMENTAL BENEFITS 20 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,BARBARA M.HENLEYAND JOHN D.MOSS 14. SUPPORT VULNERABLE POPULATIONS 21 SPONSORED BY COUNCILMEMBER SABRINA D. WOOTEN 11 SECTION 1 AW A 'rkt,--,.,:jil AMENDMENT TO THE COMMONWEALTH OF VIRGINIA CONSTITUTION VW) .t 14 1. IMPOSE TERM LIMITS ON LOCAL GOVERNING BODIES SPONSORED BY COUNCILMEMBER AARON R.ROUSE Background: The Virginia Constitution has relatively few qualifications to hold elective office in the Commonwealth. A 1991 Opinion by the Virginia Attorney General concluded a statute limiting members of a locally elected body to two terms would be invalid under the provisions of the Virginia Constitution. This item seeks to begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for local governing bodies. If the request succeeds in meeting the requirements for amendment to the Virginia Constitution, the Council will later seek a statute that would limit the number of terms of a member on the Virginia Beach City Council to three four- year terms. Request: The City Council requests the General Assembly begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for the City Council of Virginia Beach at the request of the locality. /TA ,,,‘,„-..,,,,. Is SECTION 2 k Itj ,L2,,t,,. ,,, rg4.7 vit AMENDMENTS TO THE VIRGINIA BEACH CITY CHARTER 1 ift. t`74 .,M.. -t 6 2. FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR SPONSORED BY COUNCILMEMBERS JOHN D.MOSS,GUY K.TOWER AND AARON R.ROUSE Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy. If the governing body fails to make the appointment within the applicable 45 days, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election,the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election; (c) no special election shall be held on the same day as a primary election; and(d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-men and mayor. Notwithstanding any provision to the contrary in 24.2-226 of the Code of Virginia, all v-vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor, Ork shall be filled by special election to occur on the first Tuesday after wi4tifi sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term,by a majority vote of the remaining members of the council, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose by a majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified in accordance with general law. Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. I 8 3. EXPAND MEMBERSHIP OF THE BOARD OF EQUALIZATION SPONSORED BY COUNCILMEMBER JOHN D.MOSS Background: The City Charter establishes the City's Board of Equalization (the `BOE"). The BOE is one of three possible routes of appeal when a taxpayer believes his or her real estate assessment is erroneous. The BOE sits in quasi-judicial capacity hearing such appeals, and any decision of the BOE can be appealed to the circuit court. There are three BOE members who are appointed by the judges of the circuit court. In recent years, the BOE has encountered difficulty assembling all three members for its hearings, so the BOE has requested the circuit court appoint a fourth member as an alternate,which is permitted by existing law. To formalize this fourth member as a full member, the BOE would like the City Charter amended to authorize a fourth member. Request: Amend the City Charter as follows: § 8.07. Annual assessment of real estate. The council may, in lieu of annual,biennial or triennial assessment,reassessment and equalization of the methods prescribed by general law, provide by ordinance for the assessments of real estate for local taxation and to that end may appoint one or more persons as assessors to assess or reassess for taxation the real estate within the city. Such assessors shall make assessments and reassessments on the same basis as real estate is required to be assessed under the provisions of general law and as of the first day of July of each year in which such assessment, reassessment and equalization of assessments is made, shall have the same authority as the assessors appointed under the provisions of general law and shall be charged with duties similar to those thereby imposed upon such assessors.The judges of the circuit court shall annually appoint a board of equalization of real estate assessments to be composed of-three four members who shall be freeholders of the city. Such board of equalization shall have and may exercise the powers to revise,correct and amend any assessment of real estate and to that end shall have all powers conferred upon boards of equalization by general law. The provisions of general law notwithstanding, the board of equalization may adopt any regulations providing for the oral presentation, with formal petitions or other pleadings of requests for review, and looking to the further facilitation and simplification of proceeding before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation Commission. SECTION 3 44-a4L'IqNms.-1;!.., k!,0„Acs..s." evaeoiMPA Iii: wiima, fok*0,0.24 Vlw."41/.4 AMENDMENTS TO THE VIRGINIA CODE • 10 4. DECRIMINALIZE THE SHARING OF TAX INFORMATION RELATED TO SHORT TERM RENTALS SPONSORED BY COUNCILMEMBERS LOUIS R.JONES AND GUY K.TOWER Background: Many Virginia localities have seen a proliferation of short term rentals in the past five years. For residential districts, short term rentals take on the character of other transient accommodations. These short term rentals have the potential to create conflicts with the residential character of the neighborhoods. The General Assembly enacted legislation to create a registry of short term rental properties. See Va. Code §15.2-983. The registry statute has limitations where registration is not required when: (i) The owner is represented by a licensed real estate agent; (ii) The property is registered pursuant to the Virginia Real Estate Time-Share Act; (iii) The property is licensed or registered with the Department of Health related to the provision of room or space for lodging; or (iv) The property is managed by a rental or real estate management company, including real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments. The limitations upon registration inhibits the ability of a locality to use the short term registration statute to have a full inventory of properties in the locality that are utilized as short term rentals. Often, the local tax assessment official has information regarding the clients of licensed real estate agents and property management companies through the audit of business license records. If the records have been obtained in tax assessment audits, the records will be protected as confidential tax information, pursuant to Va. Code § 58.1-3, and the sharing of such information by the tax assessment official may subject such officer to possible criminal liability as a class one misdemeanor. Request: Amend Va. Code §15.2-983 to include the following subsection or adopt an alternate remedy that would achieve the same result. E. Notwithstanding§58.1-3, a local tax assessment official may share confidential tax information with the local planning or zoning department and the local governing body provided such information is limited to the identification of properties that offer short term rentals. F, • I11 5. EXPAND FOIA EXCLUSIONS FOR NUISANCE-RELATED, CITY CODE COMPLAINANTS SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The Virginia Freedom of Information Act(FOIA)currently allows localities to withhold the names, street addresses and telephone numbers (but not e-mail addresses) of complainants for potential building, fire, and zoning violations. However,there is no FOIA exemption that allows localities to withhold any identifying information for complainants of nuisance-related, city code violations (e.g., overgrown grass and weeds, accumulation of trash and junk, inoperable vehicles, etc.) Request: Amend Va. Code §2.2-3705.3 as proposed below or adopt an alternate remedy that would achieve the same result. § 2.2-3705.3. Exclusions to application of chapter; records relating to administrative investigations 8. The names, property and e-mail addresses, and telephone numbers of complainants furnished in confidence to a local governing body with respect to an investigation of(i)an 1 zoning enforcement complaints, (ii)or complaints relating to the Uniform Statewide Building Code complaints (§ 36-97 et seq.); (iii) or tho Statewide Fire Prevention Code complaints (§ 27-94 et seq.), made to a local governing body., (iv) local code complaints pertaining to public health and safety; nuisances (§ 15.2-900, § 15.2-90L § 15.2-904, § 15.2-906, § 15.2-907, § 15.2-908, § 15.2-921, or § 15.2-921), and (v) local code complaints pertaining to waste and recycling (§ 15.2-927 et seq.). ti rt I 12 6. ALLOW LOCALITIES TO IMPOSE PENALTIES TO DETER CONTINUING VIOLATIONS SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The City of Virginia Beach Resort Area plays an important part in the tourism initiatives of the city, region, and state. Realizing that there are issues unique to this area, the City Council established the Resort Advisory Commission(RAC). The general purpose of the Commission is to review and make recommendations to City Council regarding projects and issues associated with the Resort Strategic Growth Area, and such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. The Commission's goal is to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination. The RAC has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety-related offenses and violations during the pendency of a court hearing or other final disposition. ef V ' 13 w. I 7. INCREASE CAP ON CIVIL CASE FILING FEE TO SUPPORT PUBLIC LAW LIBRARIES SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The City's Wahab Public Law Library(WPLL)is located within the Virginia Beach Judicial Center on the ground floor of the Courthouse building. WPLL ensures free access to information about the law, facilitating reference and research for the public, including self-represented individuals, law professionals, government agency employees, and students. WPLL is managed by the Department of Public Libraries; however, operational funding, including that for personnel, is derived not from the City's General Fund but from civil cases filed in the Virginia Beach General District and Circuit Courts. Under current law, the maximum allowable filing fee is $4.00, and the City's fee is at the maximum. While 100% of the fees are remitted to WPLL, the Circuit Court Clerk takes 5% out of each of its $4.00 filing fee as a commission, as provided for in Code of Virginia §17.1-289, with WPLL receiving a total $3.80 per each $4.00 filing fee. This legislation would raise the maximum civil filing fee directed to Law Libraries across Virginia from $4 to $7. The maximum assessment has been frozen since 1988, while the costs of library resources and technology have increased dramatically. An increase would allow for additional funding for Virginia Beach's own Wahab Public Law Library, as determined by City Council. This legislation simply lifts the ceiling. It does not mandate the level of funding, which remains local option. By raising the maximum, a municipality or county can increase law library funding gradually to allow for increased costs of resources,including adequate staffing,technology,targeted library outreach, and updated and expanded collections to better serve their customers. Request: Amend Code of Virginia §42.1-70 as proposed below or adopt an alternate remedy that would achieve the same result. §42.1-70 Assessment for Law Library as Part of Costs in Civil Actions; Contributions from Bar Associations. Any county, city or town may, through its governing body, assess, as part of the costs incident to each civil action filed in the courts located within its boundaries, a sum not in excess of four seven dollars. :L. 114 8. RESTRICT CANDIDATES FOR ELECTION OR APPOINTMENT TO THE OFFICE OF MAYOR OR MEMBER OF THE CITY COUNCIL SPONSORED BY COUNCILMEMBER AARON R.ROUSE Background: In 2000, the General Assembly enacted Virginia Code § 15.2-1512.2. This statute addresses political activities by employees of localities. This statute limits the ability of a locality to enact restrictions upon political activities of employees when the employees are off duty, out of uniform, and not on the premises of their employment. Included in the list of political activities is"becoming a political candidate." After the General Assembly enacted this statute, the City Council repealed language in the City Code that had previously prevented city employees from being candidates for the office of mayor or member of the City Council. For local school boards,there is an existing prohibition upon employees of the school board serving as members of a school board. Va. Code §§ 22.1-30 & 22.1-57.3(G). However, a deputy of a constitutional officer may serve on a local school board subject to federal laws and regulations. The City Council desires the General Assembly provide enabling authority for the reimposition of the restriction upon city employees being candidates. Additionally, the City Council believes this restriction should extend to employees of those agencies whose budgets are set by the City Council such as the various constitutional officers and the Virginia Beach School Board. The City Council believes this legislation is necessary to avoid possible conflicts of interests and incompatible activities by elective or appointive officials of the City. Request: The City Council requests Virginia Code § 15.2-1512.2 be amended to include a new subsection G to read as follows: G. In the City of Virginia Beach, the governing body, by ordinance, may prohibit a city employee and an employee of an agency whose budget is set by the governing body, including employees of constitutional officers and employees of the school board,from being a candidate for election or appointment to the office of mayor or member of the city council. '• 15 9. SUPPORT VIRTUAL MEETING OPTIONS FOR BOARDS AND COMMISSIONS SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI AND GUY K.TOWER Background: Currently the Virginia Code requires that absent a declared state of emergency, a quorum of the members of an advisory board must be assembled in-person in order to conduct business. As a result of the COVID-19 pandemic and the state of emergency declared by Governor Northam, the General Assembly authorized the option for public bodies to meet virtually to facilitate conducting public business. This provided many of the city's boards and commissions the ability to continue conducting business as usual. The option to meet virtually ceased with the termination of the state of emergency. This request has been made by the members and leadership of the Community Policy and Management Team, Human Rights Commission, Social Services Advisory Board, Community Services Board, and the Library Board. These boards and commissions report that virtual meetings resulted in higher and more consistent attendance, eliminated barriers, and made for more diverse and collective voices in discussion of issues and solutions to help the community. Request: Amend Va. Code §2.2-3708.2 to allow a locality to adopt an ordinance authorizing its advisory boards and commissions to meet virtually to conduct business without a quorum being physically present. *This matter is currently being studied by the Virginia FOIA Council. The City Council supports legislation variations proposed by the Council that will achieve the result requested above. 116 SECTION 4 t:e*• ►��y.yv LEGISLATIVE POLICY STATEMENTS RC ti. 17 10. REQUEST GENERAL ASSEMBLY TO FULLY FUND THE STEP-VA PROGRAM SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,SABRINA D.WOOTEN, GUY K.TOWER AND MAYOR BOBBY DYER Background: Funding for mental health treatment in Virginia is insufficient to meet the needs of individuals in the communities where they live. When individuals cannot access mental health care where they need it, when they need it, situations escalate quickly and are more apt to spiral out of control, necessitating hospitalization, incarceration, homelessness and even suicide. Mental Health America in its 2021 State of Mental Health Report, ranked Virginia 41 S` in the nation in access to trained mental health professionals. Seventy-five (75%) of state mental health funds goes to maintaining the nine state mental hospitals, while in most states the majority of funds go to community health services. Full funding for STEP-VA will increase access, quality, consistency, and accountability in the public mental health system,ensuring that individuals with mental health disorders will have access to care in their home communities where they have family and friends to support rehabilitation efforts. The availability of treatment in a person's home community helps to prevent crises before they spiral, decreasing emergency room visits, hospitalizations, incarcerations, and suicides. Request: The City Council requests full funding for STEP-VA to include the last three "steps" which have not yet been funded: Targeted Case Management, Psychiatric Rehabilitation and Care Coordination; also, to include other steps which have not been fully funded: Crisis Services, Veterans/Military Services and Peer Support and Family Services. ef' 118 11. RESTORE TRANSPORTATION PROJECT REVENUE-SHARING PROGRAM SPONSORED BY COUNCILMEMBER JOHN D.MOSS Background: The Revenue Sharing Program (the "Program") is administered by the Depaitiiient of Transportation, in cooperation with the participating localities, under the authority of§33.2-357 of the Code of Virginia and the Commonwealth Transportation Board's Revenue Sharing Program Policy. City funds are matched, dollar for dollar, with state funds. Historically the Program allocated awarded funding to the current year to provide localities with additional funding for immediately needed priority transportation projects or to supplement funding for existing projects. In 2020 and 2021,the Commonwealth Transportation Board delayed the funding allocations due to state revenue shortages associated with the COVID-19 pandemic. The actions taken have resulted in a delay of funding 4-5 years after the award, which has hindered localities' ability to utilize the funding on immediate and critical needs. As transportation funds continue to be reduced, the immediate allocation of State Revenue Sharing funds becomes even more important to localities to cover cost increases on projects moving to construction in the short term as well as unexpected transportation issues requiring an immediate solution. Request: The City Council requests that the General Assembly provide the Commonwealth Transportation Board with the authority to, notwithstanding the limitations set forth within Virginia Code §33.2- 357(D), temporarily increase the maximum amount allocated for the Revenue Sharing Program in a fiscal year for the purpose of bringing this program back to its original state. The City Council may support an alternate remedy that would achieve the same result. -.k uaiy�r iiir 19 12. EXPAND ACCESS TO STATE-ADMINISTERED BROADBAND FUNDS SPONSORED BY VICE MAYOR ROSEMARY A. WILSON Background: The Virginia Telecommunications Initiative (VATI) is the Commonwealth's broadband program. It was started in 2017 to fund public-private partnerships to extend broadband service to areas unserved by an internet service provider. Since its inception, VATI has been administered by the Department of Housing and Community Development (DHCD). The program started out with an allocation of$4 million per year, and 660,000 Virginians that lacked internet. Since then, over $124 million in grants have been awarded, and according to the Governor's office the digital divide has been reduced by 65 percent. The work of the state's Broadband Advisory Council, the Governor's Broadband Office, the DHCD and the VATI staff has been very successful in its stated goal of achieving universal broadband throughout the Commonwealth. When the COVID-19 pandemic hit, there became an immediate exponential need for high-speed broadband connectivity to support at-home workers, virtual learning for students, doctor visits via telehealth appointments and more. This need went beyond the original intent of VATI in making and internet connection available to the unserved and underserved in Virginia. The federal government quickly saw fit to make broadband connectivity a priority in the nation, and through the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds, over $700,000,000 became available for the state to distribute. The Commonwealth decided that these funds would also be administered through the VATI program, even though the federal guidelines for use of the funds do not match the very stringent VATI regulations. As a result, many projects that are aimed to produce generational investments in broadband infrastructure throughout the Commonwealth will be left out. Case in point,the regional ring among the cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, and Portsmouth cannot access these funds even though the federal guidelines would allow it. Furthermore, additional future federal funding would be similarly restricted if no changes were made the VATI program, impeding equity and frustrating the purpose of the federal funding. Request: Adjust the criteria of the VATI program to reflect the provisions established by the U.S. Department of the Treasury's rules and regulations established under the American Rescue Plan Act; or alternatively, keep the VATI program to administer funds in accordance with its original purpose, and create a new broadband program to administer federal funds in accordance with the regulations set out by the U.S. Treasury. ji n 4, sp. `..........-:' 120 13. INCREASE LOCAL AUTHORITY TO SUPPORT URBAN FORESTS AND ENHANCED ENVIRONMENTAL BENEFITS SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI, JOHN D.MOSS AND BARBARA M.HENLEY Background: During the 2021 General Assembly session, Virginia legislators passed SB1393 (Marsden) / HB2042(Guy)with a re-enactment clause and amended the bill to create a stakeholder group tasked with providing a way forward to grant additional authority to local governments to protect and expand their tree canopy. Virginia has lost 189,508 acres of forest between 2014 and 2018, or 47,377 acres per year. Of the forest lost, 19,890 aces went to development (about 10.5%). This loss has far reaching consequences for Virginians, including an increase in urban neighborhood temperatures, loss of the ability to intercept millions of gallons of stormwater as well as street-level particulates, and many more. Request: The City Council supports legislation that provides local governments with greater authority in the reforestation, preservation, and management of urban forests in recognition of their ability to capture and store carbon, reduce stormwater runoff, improve air quality, reduce energy use, and mitigate urban heat islands and their health effects. In addition, the Council supports appropriating $50M to the Department of Forestry's Urban and Community Forestry Program to enable local governments to expand and better maintain the urban tree canopy. In addition, the Council specifically supports the reenactment of Virginia Acts of Assembly — 2021 Special Session I, Chapter 89, An Act to amend and reenact §§15.2-961 and 15.2-961.1 of the Code of Virginia, relating to replacement and conservation of trees during development. :t t •.iJ * .• 121 14. SUPPORT VULNERABLE POPULATIONS SPONSORED BY COUNCILMEMBER SABRINA D.WOOTEN Background: The COVID-19 pandemic has had an enormous detrimental effect on the various vulnerable populations in Virginia. Social vulnerabilities like poverty, lack of language access, a history of racial disenfranchisement and lack of access to housing put people at an increased disadvantage to crises like the COVID-19 pandemic. Additional vulnerable populations that have been impacted include mothers and children,prisoners,older adults, and persons with disabilities. The changes in society due to social distancing measures have showcased inequities in access to decent work and experiences of discrimination resulting in many of the vulnerable populations in the United States experiencing a much harsher impact on economic and work-related factors. The Commonwealth and the City of Virginia Beach have not escaped the impact that the pandemic has had on our most vulnerable populations. Request: The City Council encourages the General Assembly to identify ways in which the Commonwealth can address the needs of its vulnerable populations, and supports legislation, funding of budget items and policy changes that address these issues and aid in the reduction of homelessness, human trafficking,the improvement and enhancement of support services for low-income households, and supportive mental health measures in local communities. y tl t tilt lr 4d di r.' -r r tt h INl-:a Y _•... _. _ ; . !' r.4 !.. ldYAtr t r � t kit % \rt� - 3, 'tr."- ,>_ v- ` :cam" 14 ,� . an as T - � -�GI��.BEAc Office of the City Manager J�4`,,, L Debra M. Bryan, Esq. Municipal Center—Bldg 1 0� +0 0 Legislative Affairs Liaison 2401 Courthouse Drive �� Office: (757) 3$5-4242 Virginia Beach, VA 23456 v --•-- ` Cell: (757) 375-6630 www.vbgov.com is r-P dbryan@vbgov.com a Op OUR Not00 REQUESTED BY COUNCILMEMBERS MOSS, ROUSE, AND TOWER 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO PROVIDE A PROCESS 3 FOR FILLING VACANCIES IN THE OFFICE OF MEMBER 4 OF CITY COUNCIL AND MAYOR 5 6 WHEREAS, the City Council held a public hearing at its November 9. 2021 meeting 7 to receive input from the residents regarding a proposed amendment to the City Charter; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA, THAT. 11 12 The City Council hereby requests the General Assembly amend § 3.03 of the City 13 Charter to provide a process for filling vacancies in the office of member of the City 14 Council and mayor. The attached Exhibit A, which is incorporated herein, provides the 15 requested text of such amendment. I Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 7to ED AS TO LEGAL SUFFICIENCY: j 4, ---C 9 ._ y� - _ CA15575 R-1 October 28, 2021 I EXHIBIT A FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR SPONSORED BY COUNCILMEMBERS JOHN MOSS,GUY TOWER,AARON ROUSE Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy. If the governing body fails to make the appointment within the applicable 45 days, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election, the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election;(c)no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-men and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia,all V-vacancies in the office of councilmember flieff,from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor,shall be filled by special election to occur on the first Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term,by-a _=jonty vote of the ' embers of the cil, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose by a m jority ote of the mbo the of o of its b + b until hissuccess� elected and g alif:e.l ; ord., a tl l 1 »..... ...., .,».......,.,.,. .., .......�.... ........1::»..i..... ....................... ..aua bvazvc-ar isw, Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO EXPAND THE 3 MEMBERSHIP OF THE BOARD OF EQUALIZATION 4 5 WHEREAS, the City Council held a public hearing at its November 9, 2021 meeting 6 to receive input from the residents regarding a proposed amendment to the City Charter; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, THAT: 10 11 The City Council hereby requests the General Assembly amend § 8.07 of the City 12 Charter to expand the membership of the Board of Equalization from its present 1 13 membership of 3 to 4. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA 15574 R-1 October 28, 2021 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Dedication of a 2,218 sq. ft. (0.05 acre) Utility Easement to Dominion Energy Virginia to serve HRSD Facilities over City- Owned Property located at 665 Independence Boulevard (GPIN: 1478-51-1092) MEETING DATE: November 9, 2021 • Background: The City of Virginia Beach (the "City") owns a parcel of land located on 665 Independence Boulevard (the "Property"). The City acquired the Property on July 21 , 1992 from Harry W. and Delores Farmer for the Independence Boulevard Phase IV Widening Project for $100,500. Hampton Roads Sanitation District ("HRSD") is constructing facilities in the adjacent right-of-way and has requested that the City grant a 2,218 sq. ft. (0.05 acre) utility easement over the Property to Dominion Energy Virginia to power their facilities (the "Easement"). The Easement will allow Dominion Energy Virginia to install and maintain underground cables to serve the HRSD valve control facilities. • Considerations: The Easement is needed to move forward with an HRSD valve control facility project. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Easement or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: pfr9 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 2,218 SQ. FT. (0.05 ACRE) UTILITY 3 EASEMENT TO DOMINION ENERGY VIRGINIA TO 4 SERVE HRSD FACILITIES OVER CITY-OWNED 5 PROPERTY LOCATED AT 665 INDEPENDENCE 6 BOULEVARD (GPIN: 1478-51-1092) 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 9 located at 665 Independence Boulevard (the "Property"); 10 11 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested 12 that the City dedicate to Dominion Energy Virginia, a/k/a Virginia Electric and 13 Power Company ("Dominion"), a 2,218 sq. ft. utility easement over a portion of the 14 Property, as shown on Exhibit A attached hereto (the "Easement"); and 15 16 WHEREAS, the Easement would allow Dominion to install and maintain 17 underground cable, which would provide service to new HRSD valve control 18 facilities being installed in the City right-of-way. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents 24 necessary to dedicate a utility easement to Dominion over the Property, as shown 25 on the plat attached hereto as Exhibit A, and made a part hereof, and such other 26 terms, conditions and modifications as may be acceptable to the City Manager and 27 in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of , 2021 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY • City A me bit Work , Real Estate CA15415 R-1 October 25, 2021 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d021\p042\00759552.docx I Exhibit A /4, �4'I6y,OA l\�j \ \��e/ . C00Wt StSN��M• 6.:*42O 1,y 60 O,P4, /''-\---' \ PVd4E 19g3 7p)Qy7Q�p6_04J�k,`3f64;t- 01-,-( SN. NfyG1NUZONEE NAD 1983� 996 rf \.&< 1/2, / 7-, -e \ On C)A6 /0 TEE /F6�k 1\B j S\ 5 ti PARCEL H-1 SITE ` fr a, F,p,4P \ 3 O NOW OR FORMERLY O.o c' S INDEPENDENCE ACQUISITION, LLC 4•"',,.; 'mM'/m\ L� 7,(,B 76 6. <q 4.44y ' \ FC IN.20130719000850370 N MINUTE MEN ROAD p'6?n*,<LGS \ /4O N M.B. 114,P.4 (50' R/W) ,�j\?>6 �,• vJ \ /L 4,,,, M.B. GPIN: 1478-40-6928 p ST 4+1s,, (M.B. 58, P. 16) �9S \\ ' , Jp"F £ "O 1 19 1 \� ?6,, T I� 7 C yST 9 PROPOSED 10'DOMINION ,1,60� N. MRONA BEACH BLA Fss ps'T ENERGY EASEMENT 1 RESIDUAL OF LOT 19 �NR O ti AREA 2,218 S.F. OR 0.05092 AC. g'1. AREA= 38,568 S.F.OR 0.88540 AC. \'...N LOCATION MAP SCALE: 1'. - 3000' �QqO C+ C+. c30 PROPERTY OF / �6 N �\1 CRY OF VIRGINIA BEACH \ z ti m� / PARCEL 4 �'.`5.?• D.B.3109,P. 136 \ 4i Q. PROPERTY OF pp?y" ,P M.B.58,P. 16 \ O r<,� CITY OF VIRGINIA BEACH I.N.202107000075- PLAT yh� Yl 0 SS F sd \ .�t,7 D.B.3443,P. 299 1207 Epp -Cs„. .,l 9 ,ti6 Sd.'9�" GPIN: 1478-51-1092 \ 0 / D.B.2473,P. 660(PLAT) PROPERTY OF k 510 10 ,f, M.B. 130, P.53 CITY OF VIRGINIA BEACH 7j0 1J✓4; -\'' N 75'55'25"W / GPIN: 1478-51-2567 �, N. 7-13.00' N S 78'52'36"E D.B.3106,P.84 \ \ 4.74' M.B.58,P. 16 N. J w S 1404'35"W 24i.06' GPIN: 1478-50-1756 \ • �•Z,`• N 75'55'25°W �_N14'04'35'E 88.74' n 9 407.98'TO 6.67' NI.,,,..,_____ PEMBROKE LAKE CIRCLE 92.24' S 1404'35"W 124.60' `" 388.63'TO HESSIAN ROAD N 3,480,864.4783 N 3,480,985.3368 E 12,175,184.4696 E 12,175,214.7742 INDEPENDENCE BOULEVARD CURVE DATA CHART (M.B. 58, P. 16) (M.B(VARIABLE P WIDTH 2(II.N/W02107000075 - PLAT) NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH (STATE PROJECT NO. 0225-134-101, C501) C1 26.19' 50.00' 30'00'27" 13.40' N 2215'37"W 25.89' C2 10.07' 50.00' 11'32'13" 5.05' N 31'29'44°W 10.05' LEGEND C3 16.12' 50.00' 18'28'14" 8.13' N 16'29'30"W 16.05' NOTES: 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE DENOTES PROPOSED 10'DOMINION ENERGY EASEMENT PLANE COORDINATE SYSTEM. SOUTH ZONE, HAD 1983/1993 (HARN). . . . AREA-Z218 S.F. OR 0.05092 AC. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA PLAT SHOWDIG BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS PROPOSED DOMINION ENERGY COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. DOMINION ENERGY VIRGINIA, EASEMENT 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. EASEMENT RICHT-OF-WAY DATA 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT CITY TO RE ACQUIRED FROM CONSTITUTE A SUBDIVISION OF LAND. C I I I OF VIRGINIA BEACH R/W PLAT: 25-71-0058 5. EASEMENT TO BE ACQUIRED BY DEED. WORK REQUEST #10461400 GRID: N0817 UTILITY EASEMENT FOR 10'UNDERGROUND ELECTRIC DEPARTMENT Of'PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU �,pyTH Op TEL(757)385-4131:2473 N.LANDING ROAD;BLDG.23;ROOM 160 �.A VIRGINIA BEACH,VIRGINIA 23456 o _\‘ r 130 �l.SAith 'Z BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE Y �i L1 426 ,, BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, �`(_ EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PUT REMAIN IN EFFECT AND ARE i] NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. \� O4 f /� � 0 30' 60' -.4,, 4 SUB.N1 IM=MIC1E=11111d CITY OF VIRGINIA BEACH APPROVED: DATE: GRAPHIC SCALE DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1'-30' OCTOBER I,2021 DRAWN BY:DWD JOB 6210113 ESMT I x } i\ ' r .► N4iii N / rc. M : II r / 1 liii,Z.\ ss Zy. 4 r 4,1 co ,i >`. U Lu Lu LOCATION MAP Legend lii �4/ LU o PROPOSED DOMINION POWER EASEMENT J \ = 2 OWNER: CITY OF VIRGINIA BEACH i;!v**.4; Dominion Power Easement .,i . GPIN: 1478-51-1092 1478-51-1092 Feet City Properties 0 50 100 200 \ , Prepared by P.W./Eng./Eng.Support Services Bureau 10/25/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\1478-51-1092\1478-51-1092 Easement Aerial.mxd ♦; F A I A ►� pR \ \ of / w c / �� i� a SITE J Z , _ / / ,_ g VIRGINIA BEACH BLVD �� a / w 0 Z' /'V / i / L-- /---' ' / // / Ø/ j ; // / / , // Lu o. 4 W QW'/ 0 Z _,„ /„,,, z•, d ,,,,,--4:4$ / / , L -- / / Q - ------- l LOCATION MAP Legend a j' PROPOSED DOMINION POWER EASEMENT OWNER: CITY OF VIRGINIA BEACH ►�!�!� Dominion Power Easement �� GPIN: 1478-51-1092 1478-51-1092 r J ,, / / Feet / City Properties / - 0 50 100 200 / 1 Prepared by P.W./Eng./Eng.Support Services Bureau10/25/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\1478-51-1092\1478-51-1092 Easement.mxd Disclosure Statement C!1 y of V"ginw Beach .9- 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 Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? ■ Yes 0 No • If yes,list the name of the representative. ETHAN J.SAMFORD, Dominion Energy Virginia,designer Is the applicant 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) See attached • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement City of Vir!inia Bench Planning &Community Development i 116, Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® 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? ❑ Yes Si No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement 1/13 City of Virginia Beach Planning & Community Development . -. \moo, jo:00 - 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? 0 Yes • No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. spa Applicant Signature ETHAN J SAMFORD,Dominion Energy Virginia,designer Print Name and Title June 30 2021 Date Is the applicant also the owner of the subject property? 0 Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e Disclosure Statement V13 City of Viryinia Beath Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I Page Disclosure Statement 1/13 City of Virginia Beath Planning & Community Development )11V1...„ ;70' Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • 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? ❑ Yes . No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beath Planning & Community 10111 .— Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 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 0 No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach Planning & Community Development -00000'017-1. - 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 J P a g e Vir;inia C - -.any Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President - Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President - Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President - Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Senior Vice President - Corporate Affairs & Murray, William L. Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President - Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President - Customer Experience Bennett, Joshua J. Vice President - Offshore Wind Name Title Curtis, J. Kevin Vice President - Transmission Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President - Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary Disclosure Statement city bg5ea 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 __ Hampton Roads Sanitation District (HRSD) Does the applicant have a representative? p Yes ❑ No • If yes, list the name of the representative. Gary M. Hart, P.E., Chief of Design & Construction - South Shore at HRSD Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure StatementNAB YvQnria Soot 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 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing 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 0 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 Q No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ 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 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement CYy of ViNouo�GlK1' 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. Mechanical Contractor: Bridgeman Civil; Instrumentation & Controls Contractor: Systems East Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?J Yes ❑ No • If yes,identify the firm and individual providing the service. Engineer: Kimley-Horn and Associates; Surveyor: Rouse-Sirine Associates, Ltd. 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 El No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Gary M. Hart, P.E., Chief of Design and Construction - South Shore at HRSD Print Name and Title 10/14/21 Date Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of j Date Signature j Print Name Revised 11.09.2020 Wage Disclosure Statement Planning& Community • Development -' „ye Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P age Disclosure StatementNi3 City of Virrova As.h b-- Planning& Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name - Hampton Roads Sanitation District (HRSD) 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?❑ Yes i; No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage *NBDisclosure Statement v of Wvanu Mi h Planning & Community = , a 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 a 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 Q 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 El No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes Q No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure StatementNAB City o[s , $ - Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing legal the service. Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P z g e 414 4 ii....."‘-`'':1,7, IV, [ .0,- , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Melvin H. Eaton, II (31.98+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $238,784, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: November 9, 2021 MEETING DATE: November 9, 2021 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon ten (10) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property, which consists of one (1) parcel of land having approximately 31.98 acres outside of marshland and swampland, is owned by Melvin H. Eaton, II. The parcel is located at 4469 Charity Neck Road (GPIN: 2410-46- 9904) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, of which one (1) building site must be reserved for an existing single- family dwelling on the property. No additional building sites were reserved for future development. The proposed purchase price, as stated in the ordinance, is $238,784. This price is the equivalent of approximately $11,200 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 1.732% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 3.732% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 18, 2020 (RES-04011). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (October 24, 2021 and October 31, 2021). The Public Hearing will be held on November 9, 2021. Public notice will be provided via the normal City Council agenda process. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption �� Submitting Department/Agency: Agriculture Department r City Manager:fii9 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MELVIN H. EATON, II (31.98+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $238,784, AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $238,784; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 1.732% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 3.732% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $145,074 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 , 2021. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: C Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FIND ok_ Luc'a.. 19. iihtkiete-v Director of inance City Attorney's Office CA15414 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p035\00755186.doc R-1 October 28, 2021 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2021-162 SUMMARY OF TERMS SELLER: Melvin H. Eaton, II PROPERTY LOCATION:4469 Charity Neck Road GPIN: 2410-46-9904 PURCHASE PRICE: $238,784 EASEMENT AREA: 31.98 acres,more or less DEVELOPMENT POTENTIAL: 3 single-family building sites. 1 building site must be reserved by Seller. No additional building sites reserved DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 1.732%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 3.732%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP • • r F �k F •P 4 1 t7ii.:t'll 11_ Ili �- 1 I, •j ,��7 �,�I'.^! `4 1 Ai w 9eR',� 1 i. jam In 1 Iz • _ —.� • 4469 Charity Neck Rd 1E21:.4 GPIN: 2410-46-9904 rA ; Approx. 31.98 4 1 • . R• ryy' Ea y r. i -----14.-1...: 1', 4,,. ,. . _ an • ,. N nets Creek R ad O - v gym_ 1 illim .. , g, ,.... o-' ..., it„„,,,b), • ARP Parcels Disclosure Statement 1/13 City of Viryiniu Bach 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 Melvin H Eaton II Does the applicant have a representative? ❑ Yes • No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes U No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Disclosure Statemen - - - .' .. Ii3CSfy of Virginia Beach & Community . . . _, _ . .., Development iii. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes U 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. • 21 age Disclosure Statement \hri3 City of Virginia Baud: 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 MI No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 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 MI 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 hear'ng, 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. C-5.e& pal e 7., Applicant Signature Melvin H Eaton II Print Name and Title Melvin H Eaton II, owner 10/28/21 Date Is the applicant also the owner of the subject property? ■ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ElNo changes as of Date Signature Print Name • 3J Disclosure Statement r„y o1Viryinia Beach - Planning & Community lopmn ev e e I Continue to Next Page for Owner Disclosure 4I Disclosure Statement 1/13 City of Yityinia Batch . 'lanning & Community Development Owner Disclosure Owner Name melvin H eaton II Applicant Name Melvin H Eaton II Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes • No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes MI No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(it)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. 5I Disclosure Statement City of Virginia Beath.' Planning & Community Development ------ • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service, • 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of • the application or any business operating or to be operated on the property? ❑ Yes II 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 IN No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 6IPage Disclosure Statement \1B Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the appl cation or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hear ng, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Melvin H Eaton II Print Name and Title Melvin H Eaton II owner 10/28/21 Date 7t x U4 c 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 1-3 AND 1-30 OF APPENDIX D, STORMWATER MANAGEMENT PERTAINING TO THE STORMWATER APPEALS BOARD AND SECTION 1.2 OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL PERTAINING TO VARIANCES MEETING DATE: November 9, 2021 ■ Background: This item was originally continued during the July 6, 2021 public hearing to allow for more input from the development community. On September 7, 2021 the item was continued by City Council to have more comprehensive discussions about the Stormwater Appeals Board's delegated authority and discussions about how to streamline the development process with the existing stormwater regulations that were adopted with the new Public Works Design Standards Manual in June 2020. Staff has met regularly with the development community over both topics since August and will be prepared to present the completed items to City Council on December 14 with a potential City Council vote on stormwater management regulation and the Stormwater Appeals Board updates on the January 18, 2022 public meeting. The Stormwater Appeals Board was initially created in compliance with state law changes to stormwater regulations in 2014. The Board consists of three citizen members and three City staff members representing Planning, Public Works and Public Utilities. After hearing feedback regarding the make up of the board from the development community, changes were presented to City Council on June 1, 2021 and this ordinance reflects that proposal. All voting members of the board are proposed to be citizens with a background in "sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background." It also requires that members shall not be actively involved in the submission of stormwater applications to the City. The proposed ordinance designates the Departments of Planning and Public Works as staff liaisons to the board with Planning serving as the primary contact for the appeal process for private development. The ordinance states hearings for appeals will be scheduled within 60 days of receiving the written appeal application., establishes a $500 application fee, and the ordinance also establishes findings for which the board shall review appeals against. The second ordinance amends the Public Works Design Standards Manual appeal process. Currently, the manual allows for those denied a variance request to the Stormwater Appeals Board Ordinance Amendments Page 2 of 2 stormwater requirements (Chapter 8) by either Planning or Public Works to be appealed to the Director of Public Works. This amendment changes the requirement to direct appeals to Public Works Design Standards, Chapter 8 variance decisions to the Stormwater Appeals Board. The Stormwater Appeals Board will only be permitted to hear appeals to decisions made by an Administrator relative to the Stormwater Management Ordinance or Public Works Design Standards Manual variance decisions. • Considerations: The amendments set forth a more detailed process for appeals and which agency will process the appeal request. It also allows for the board to hear appeals to variance decisions of both the Stormwater Management Ordinance and Chapter 8 of the Public Works Design Standards Manual pertaining to stormwater requirements. The changes to the make up of the board will allow for more independent review of appeals and will remove staff as voting board member. The proposed changes reflect discussions with the City Council Liaison. The proposed ordinance revisions were shared with the Coastal Virginia Building Industry Association (CVBIA). Comments from CVBIA were received and are attached. Recommendations: Staff recommends deferral of the Ordinance revisions to the January 18, 2022 public meeting to allow staff to brief City Council and to complete the public input process on any proposed changes. • Attachments: Ordinance CVBIA comments Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department' City Manager: \ /Q / 1 2 AN ORDINANCE TO AMEND SECTIONS 1-3, AND 1-30 3 OF APPENDIX D, STORMWATER MANAGEMENT 4 PERTAINING TO THE STORMWATER APPEALS 5 BOARD 6 7 SECTIONS AMENDED: Appendix D, Stormwater 8 Management §§ 1-3 and 1-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Appendix D, Stormwater Management Ordinance Sections 1-3 and 1-30, of 14 the Code of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 15 16 Sec. 1-3. - Definitions. 17 18 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 19 Stormwater Management Regulations, as amended, which are expressly adopted and 20 incorporated herein by reference, the following words and terms used in this Ordinance 21 have the following meanings unless otherwise specified herein. Where definitions differ, 22 those incorporated herein shall have precedence. 23 24 . . . . 25 26 "Stormwater Appeals Board"is the appeal authority designated by City Council to 27 hear appeals from any permit applicant or permittee, or person subject to Ordinance 28 requirements, aggrieved by any action of the City taken in regard to the Ordinance 29 . The Stormwater Appeals Board shall be appointed by City 30 Council and shall consist of ' , 31 , 32 five (5) voting citizen members. Each will serve a 33 term of three 13) years with a maximum of two (2) consecutive terms. Three (3) of the 34 voting members shall have professional or educational experience in sciences, earth 35 science, soil science, natural resources chemistry, or other commensurate professional 36 or educational background. Such members shall not be actively Involved in the 37 submission of stormwater applications to the City of Virginia Beach. The city attorney or 38 his designee shall serve as legal counsel to the Stormwater Appeals Board and the 39 departments of public works and planning shall be staff to the Stormwater Appeals 40 Board. 41 42 . . . . 43 44 Sec. 1-30. - Hearings. 45 I 46 A. Any permit applicant or permittee, or person subject to Ordinance requirements, 47 aggrieved by any action of the City taken in regard to the Ordinance without a 48 formal hearing, may demand in writing a formal hearing by the Stormwater Appeals 49 Board, who is designated by the City Council as its appeals body, provided an 50 application petition requesting such hearing is filed with the Administrator 51 Department of Planning and Community Development. Development Services 52 Center within thirty (30) days after written notice of such action is given by the 53 Administrator. An application is considered complete when all documentation, an 54 application and a five hundred (500)dollar fee have been received. 55 56 B. The hearings held under this Section shall be conducted by the Stomiwater 57 Appeals Board at any time and place authorized by the Stormwater Appeals Board. 58 But an appeal hearing should be scheduled for a date within sixty (60) days of the 59 notice of appeal. 60 61 C. A verbatim record of the proceedings of such hearings shall be taken and filed with 62 the Stormwater Appeals Board. Depositions may be taken and read as in actions at 63 law. 64 65 D. The Stormwater Appeals Board, shall have the power to request the issuance of 66 issue subpoenas and subpoenas duces tecu , 67 . The failure of a witness without legal excuse to appear or to 68 testify or to produce documents shall be acted upon by the Stomiwater Appeals 69 Board, whose action may include the procurement of an order of enforcement from 70 the circuit court. Witnesses who are subpoenaed shall receive the same fees and 71 reimbursement for mileage as in civil actions. 72 73 E The standard of appeal shall be as listed in section 1-21. A and B. Variances, of this 74 Ordinance. The Board's authority is to determine whether the department (Public 75 Works or Planning) was correct in its granting or denial of a variance, or other 76 determination. The Board should examine the evidence presented to the 77 department and any additional relevant evidence that is presented. 78 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: AAA \ Lt.f3 Department of Public Works City Attomey's Office 2 ZOZ `SZ sun f 8£1►S t.V3 BuNue! �o}uau echo —06 /TX., :1N31N00 01 Sd a3A01:iddb 1 AN ORDINANCE TO AMEND SECTION 2 1.2 OF THE PUBLIC WORKS DESIGN 3 STANDARDS MANUAL PERTAINING 4 TO VARIANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That Section 1.2 of the Public Works Design Standards Manual is hereby amended 10 and reordained to read as follows 11 12 1.2 Variances 13 14 1. The Director of Public Works or designee may authorize and approve, in specific 15 cases, such variances or waivers from strict application of the terms of these 16 design standards, as will not be contrary to serving the public interest, when a 17 literal enforcement will result in unnecessary hardships, provided that the intent of 18 the design standards will be observed. The following information and process will 19 be adhered to, in order to request variances. 20 21 a. General 22 23 i. All publicly owned and maintained infrastructure, whether City or Developer 24 built, shall adhere to these Design Standards, including any Special 25 Provisions or Amendments. 26 ii. The Department of Public Works provides an opportunity for the Developer 27 and/or design Engineer to request a variance from the Design Standards 28 where appropriate and justifiable to the individual situation. For consideration, 29 the design Engineer must submit the written variance request with complete 30 documentation and justification to the Public Works Project Manager or the 31 Development Service Center (DSC) Project Manager during plan review. 32 Variances after plan approval will not be considered. 33 iii. The Department of Public Works will consider each request on an individual 34 case-by-case basis. Thus, an approved variance of the Design Standards for 35 one project may not be applied to another project.The Department's divisions 36 of Engineering, Operations, and Business will, as appropriate, consider the 37 variance request and the potential impacts before approval or denial by the 38 Director of Public Works or designee. 39 iv. In the case of a City entity applying for a variance, for projects not involved 40 with the DSC review process, the request will be processed through Public 41 Works, not DSC. 42 43 b. Process 44 1 45 i. To request a variance during the design process, the Developer or design 46 Engineer must submit a letter to the Public Works Project Manager or the 47 Development Service Center(DSC) Project Manager with the following: 48 49 1) State and reference the section of the Design Standards for which the 50 variance is requested. 51 2) State the change to the Design Standards being sought. 52 3) Discuss the reason the variance is being requested. 53 4) Indicate any examples where a similar variance has been granted. 54 5) Discuss other alternatives to granting the variance or complying with the 55 Design Standards. 56 6) Include any calculations, model analysis results, drawings, or site plans, 57 supporting and explaining the request. 58 7) Discuss any costs considerations relating to the alternatives. 59 60 ii. The Public Works Project Manager or the DSC Project Manager will compile 61 the required information and provide a written recommendation with 62 concerns, comments and considerations regarding the request and forward 63 it to the Department of Public Works, Engineering Division, for processing 64 within Public Works. The review process within Public Works generally 65 requires 20 working days. 66 I 67 iii. In the case of denial of a variance,the applicant has the right to file an appeal. 68 All appeals shall be received made in writing to the Administrator, who is 69 defined as the City Manager, or his deslgnee(sj within 45-thirty (30) days of 70 denial to request a formal hearing by the Stormwater Appeals Board an4 71 outlined in the Code of the City of Virginia Beach. 72 Vircinia Appendix D- Stormwater Management, Sec. 1-30. — Hearings. as 73 . 74of6-wefkiFig-ciays, 75 76 All requests for variances or waivers and documents relating thereto will be open 77 to the public for inspection in the Department of Public Works. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY i Department of Public Works C tto ey's Office 2 IZOZ'Z aunr Z-11 6Ev9IV3 60:6UUBId 0 weLliilada e :1N31NO0 01 SV 03AO2iddd From: Claudia Cotton<ccotton@cvbia.com> Sent: Wednesday,June 23,2021 10:33 AM To: Carrie L. Bookholt<CBookhol@vbgov.com>; Kaitlen S. Alcock<KAlcock@vbgov.com> Cc: Eric Keplinger, AIA, LEED AP<ekeplinger@meb.group>; Brad Martin <Brad@clarkdes.com>;Jeff Ainslie <jeffainslie@mac.com>; tuckbow@terrypeterson.com;Jeff Ainslie (jeffa@ainsliegroup.com) <ieffa@ainsliegroup.com>; Ricketts, Mark<mark.ricketts@aesva.com>; Rodman, Kenneth,Jr. <krodman@vhb.com>; Scott Acey<scott.acey@msaonline.com>;greg.hayes@msaonline.com; johna@ainsliegroup.com;Jon Ettel<jon@vbhomesliving.com>; Bob Deacon <bobdeacon@bishardhomes.com>;Jonathan Speight<ils@beachbuildinggroup.com> Subject: RE: Ordinance Amendments-Stormwater Appeals Board (AU 1 i.n. This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Carrie, I've compiled comments from our members and others. See attached. Once you and the City Attorney's office have reviewed, could you share any changes you make prior to this going forward? Thanks for the chance to review and comment. Best Regards, Claudia Claudia K. Cotton, CEO'Government Relations Coastal Virginia Building Industry Association 2117 Smith Avenue Chesapeake, Virginia 2332o WWW.cvbia.com 757-420-2434 (office) 757-305-906t (direct) 757-472-0345-ilLijr160 DO BUSINESS WITH Coastal Virginia A C V B I A MEMBER Building Industry Association Learn more about saving$$with the NAHB Member Advantage Program by clicking this link: Pocket the SAVINGS wv.w rahb oryfMA NAM From: Carrie L. Bookholt<CBookhol@vbgov.com> Sent: Friday, June 11, 2021 1:23 PM To: Claudia Cotton<ccotton@cvbia.com> Cc: Kaitlen S. Alcock<KAlcock@vbgov.coni> Subject: Ordinance Amendments-Stormwater Appeals Board Claudia - Attached are the proposed ordinances to amend the Stormwater Management Ordinance and the Public Works Design Standards Manual prepared the by City Attorney's Office. These Ordinances will likely be on an agenda for City Council in July. Once we know a date for sure, we'll let you know. Thank you, Carrie L. Bookholt, PLA Development Services Administrator City of Virginia Beach I Planning & Community Development 2875 Sabre Street, Suite 500, Virginia Beach, Virginia 23452 (Direct) 757.385.8707 I (Office) 757.385.4621 cbookhol@vbgov.com I www.vbgov.com/planning VBPlanning ii: Community Sections 1-3 and 1-30 of Appendix D The Board makeup excludes the development community (or at least people "actively involved in the submission of stormwater applications"). We strongly recommend including a civil engineer with a background in site design/stormwater. Do the qualifications apply to only 3 of the members or all five? A. The timeline of "...within 30 days after notice of such action..."; lots of these issues are informal discussions, comment letters which get challenged, or telephone calls without an obvious "event" where the 30 day clock would start ticking. What exactly would be "..such action ... given by the Administrator"? B. "But should be scheduled within sixty (60) days of the notice of appeal" Is the Board meeting held, or is it just "scheduled" within 60 days? If an application for a hearing must be requested within 30 days of notice by the Administrator, why shouldn't the Board meet within 30 days? E. "The Board's authority is to determine whether the department (Public Works or Planning) was correct in its granting or denial of a variance..." Will the Board review every variance granted? Otherwise why would one appeal an approval? Is there an "application" template for a Board hearing? Have you developed guidelines for the Board (or the Planning / Public Works staff) to use to evaluate a request? Section 1.2 of Public Works Standards Design Manual 1.a.ii. "Variances after plan approval will not be considered" - Does this mean we have to go through a variance request process with the DSC or Public Works first, and only if denied do we THEN make application to the Stormwater Appeals Board? Also, there could possibly be a scenario where one gets a plan approved, so that you are assured the project can be built, secure the property and financing, and then go back for the variance or the appeal to redesign the inappropriate stormwater. 1.a.iii conflicts with 1.b.i.4). In reading Section 1.2, it seems like you have to apply for the variance, be denied, and then make an appeal to the Stormwater Appeals Board. Appendix D 1-30 A. allows a request for a hearing by the SAB to "aggrieved by any action of the City taken in regard to the Ordinance" - no variance application or denial required? This is confusing. [ r,-.:"..t•-"Ira4c.:;),1. f'; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 837 S. Atlantic Avenue in Croatan MEETING DATE: November 9, 2021 • Background: On November 17, 2020, by Ordinance ORD-3646Q, City Council approved the request by Jon S. and Deana M. Hess (the "Applicant") to close approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property at 837 S. Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the property and vacate the internal lot lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved John S. & Deana M. Hess Page 2 of 2 for recordation within one year of City Council approval, said approval shall be considered null and void. Due to difficulty coordinating with their mortgage company in connection with preparation of the resubdivision plat, on September 24, 2021 , the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD- 3646Q. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department j City Manager: kp 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 837 S. ATLANTIC AVENUE 6 IN CROATAN 7 8 WHEREAS, on November 17, 2020, the Council of the City of Virginia Beach 9 acted upon the application of Jon S. Hess and Deana M. Hess (the "Applicants") for the 10 closure of approximately 375 sq. ft. of an unimproved, unnamed alley adjacent to the 11 rear of their property located at 837 S. Atlantic Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3646Q) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before November 16, 2021 ; and 16 17 WHEREAS, on September 24, 2021 , the Applicants requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on November 17, 2020 (ORD-3646Q), upon application of Jon S. and Deana 25 M. Hess, is extended to November 16, 2022. 26 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2426-37-9833 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _id,ca 4 Itt Envy', Planning epartent City Attorney CA15410 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d008\p046\00756659.doc R-1 October 28, 2021 1. The exhibit shown hereon is based on a current field survey performed on November 8,2019 and in combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fall in flood zone(s)X as shown on the Federal Emergency Management Agency's National Flood Insurance Program's Flood Insurance Rate Map for the city of Virginia Beach. Map number 515531 0129 G,dated January 16,2015. Vlryln/a stNoRr 7 sow ZOne,AD fg87(d/pate sS! Ronald W. Ark, Wai Wong 3(79g3,yARN, Ark & Yuen Wong I 6 I GPIN #24263787190000 I 8 John R. Hitchcock REMAINDER OF and Cheryl S. Hitchcock 15' ALLEY Sandcastle Cottage LLC GPIN #24263787240000 GPIN #24263788040000 (unimproved) — -- -I- - - -- -- -I- —N:3467822.33 • E:12223843.91 PART OF ALLEY 375 SF/0.0086 AC -- N12'19'34"W 30.00' -- 7.5'x 50'portion of alley to be closed g g 0 S 17 Thomas M. Bates 5,000 SF Hal J.Woolard and GPIN #24263797080000 0.1148 AC Deborah Woolard GPIN #24263798180000 Jon and Deana Hess W GPIN #24263798330000 $ t� A n W Z 16 18 N:3467845.28 E:12223948.93 150.00'to South S 12.13'34-E 50.00' Maryland Avenue SOUTH ATLANTIC AVENUE (50') (formerly Chautauqua Avenue) l � �`k EXHIBIT SHOWING Graphic Scale 1"=20' I �r �k`r F- op4", /^.� 11 — -c 4 Cl A 11—.. --It—__— a_ 1 _a ObZ OOZ 09 1. OZ I- 08 017 OZ 0 6uipIin8 100d all si INE - a1s!V anpa }o1 6ui1aed 6u!uoZ s °nuand 3Ruel}b S LE8 04 4ueoefpe suo6AIod AuJadoad ,�,V M SSOH 'IN eueea ' 'S uof en %// N 11111111n1 i't - r"--\ 8'1111 "VW' I w - ----- _ ma0 0123 1 '� 1 Al;-- isil lik, __ is ' 10.0) ,T. roof II 111 ww"""--,.....---- -------_,.......01 1110Vilidi mil 1111111,111! ..------„argai ) Illiyik — . -. -, -„ -,aoLlatifillimpi -11 4m! r, (_:!1,,N, I, is-- lo us , IOW 'sr seoaVv; )h. , ii- 'i° /1:1.1.--.m/ ' /Woritemw - 1 \ oi.m 4 milk 4, „__If. 0 Fr a.,it .iii 1 \„i- 1 ---- wirww__ irompis dip raw 1 , - 1 _,./. 0 Pr 1 1 I I A \-\—- --- A 1411111 _ -,00 00 , \ i 1 anuan--- d_ �: will wo \, o -11111!" 0_�11 ,J'ri ____------- VI N II "lip IPIA Virginia Beach APPLICANT'S NAME Jon S. & Deana M. Hess DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning.Commission and City Council meeting that pertains to the application(s). D APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DATE. Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. l l Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Jon S. & Deana M. Hess If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 :NB 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, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return XArchitect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) X Construction Contractors XEngineers / Surveyors/ Agents DKT Associates Financing (include current Mortgage Electronic Registration X mortgage holders and lenders Systems, Atlantic Union Bank selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 4 of 7 Virginia Beach CERTI FICATION: 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. P Jon S. Hess Sl60ai: A••LIC•N 'S SIGNATURE ) PRINT NAME D TE ��� Deana M. Hess -5115�,:a Page 5 of 7 - s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing Lake Avenue, Oak Street, and Portions of Locust Crescent and Ellis Avenue MEETING DATE: November 9, 2021 • Background: On October 10, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue. • Considerations: On November 27, 2012, by Ordinance ORD-3262M (the "Street Closure Ordinance"), City Council approved the Applicant's request subject to the following conditions being met by November 26, 2013: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures, however, because the City is both the owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach. 4. The Applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. City of Virginia Beach (Lake Lawson and Lake Smith Natural Area) Page 2 of 2 The Applicant had been awaiting approval from the National Park Service ("NPS") to transfer a recreational easement restriction from City-owned property located on Lynnhaven Parkway to the Lake Lawson and Lake Smith Natural Area. A legal description was submitted as a part of the extensive application process. Condition 2 of the subject street closure requires recordation of a resubdivision plat incorporating the closed areas into the adjacent parcels. The resubdivision would cause the legal description submitted to the NPS to be inaccurate, which would cause this lengthy federal process to have to re-start. The Applicant and NPS have now completed the transfer of the recreational easement restriction from the Lynnhaven Parkway property to the Lake Lawson and Lake Smith Natural Area. City Council extended the time to meet the conditions by Ordinances ORD- 3308B, ORD-3382C, ORD-3520U, and ORD-3605B, with the last extending the date to meet conditions to on or before November 26, 2021. The Applicant is in the process of preparing the resubdivision plat to incorporate the closed area into the adjacent parcels as required by Condition 2; however, the plat is not yet finalized for recording. Consequently, on September 17, 2021, the Applicant requested a one (1) year extension of time to meet all conditions set forth in the Street Closure Ordinance. Staff has concluded that the request for an additional one (1) year extension is reasonable. • Recommendations: Allow an extension of one (1) year to satisfy the conditions. • Attachments: Ordinance Exhibit Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE AVENUE, 4 OAK STREET, AND PORTIONS OF LOCUST 5 CRESCENT AND ELLIS AVENUE 6 7 WHEREAS, on November 27, 2012, City Council acted upon the 8 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 9 Oak Street, and portions of Locust Crescent and Ellis Avenue; 10 11 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 12 (ORD-3262M) to close the aforesaid rights-of-way, subject to certain conditions being 13 met on or before November 26, 2013; 14 15 WHEREAS, City Council extended the time to meet the conditions by 16 Ordinances ORD-3308B, ORD-3382C, ORD-3520U, and ORD-3605B, with the last 17 extending the date to meet conditions to on or before November 26, 2021; 18 19 WHEREAS, the resubdivision plat (a condition of the street closure) could 20 not be finalized until completion of a lengthy process involving the National Park Service 21 to transfer an easement, which has now been concluded; and 22 23 WHEREAS, on September 17, 2021, the Applicant requested an 24 additional one (1) year to satisfy the conditions of the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 27 Virginia Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on November 27, 2012 (ORD-3262M), upon application of the City of Virginia 31 Beach, is extended to November 26, 2022. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: lL� GZ �r Za��- � -- CityAttorneyPlanningment� Dep CA15416 \\vbgov.com\dfs 1\a pp I ications\citylaw\cycom32\wpdocs\d021\p042\00759505.doc R-1 October 28, 2021 FOR LOT OWNER INFORMAAON FOR PARCELS IDENTIFIED AS THROUGH®, a) N/F / ® N/F SEE SHEET 2 OF 2 CITY OF NORFOLK LOCUST CRESCENT (VAR. R/W) VIRGINIA BEACH "LAKE SMITH" (D.B. 2397, PG. 126) I PARCEL A GPIN 1489-62-7175 f (FORMERLY ELM ST.-M.B.3, PG.171-40' R/W) S3810'11"W 1' 0 1. 9.81' 31 .21 .i. 1 n L2, .. `�"� a_ rolgli/ \1144\% BLOCK 2-LAKESIDE 0 e W r.o (M.B. 3, PG. 171) La ....d0 C A/ I az ® B Nfi = 3 oejin= CITY OF VIRGINIA BEACH / " ^"� B U � At'40'11'E99.6�"/j IS so m W i / VENUE. 50 R/W)iE i '') 1 A o o (FORMERLY PINE"5 .-M.8.3. PG.171)� . o `Q' N51 39 20 W 299.69' ,.r m < c N I BLOCK 3 - LAKESIDE / W z a 5 6 di m (M.B. 3, PG. 171) �/ lg. * 0 W 0 // < IM 3 v © PROPERTY UNE (Jd./ tg @ o a '' '' r BY CITY DEED 618 1� a s N (II g D.B. 51, PG. 10 z z 2 S5112'01"E 390.70' •...� ' OAK STEET :' Ls (40' R/W) // / N 3491591.9219 E 12165498.3107(M.B. 3, PG. 171))/p /- 'EN5123'11"w;� 192.1 124.17' 115.27 N5137'16"W 316.34' OA. 1 STREET UNE AS SHOWN IN M.B.3, PG. 171 / 1d CITY OF V1 7////A AREA OF STREET CLOSURE tD N/F 'ra IRGINIA BEACH 55,214 SF 1.2675 AC. 114 PARCEL B INST. #20060706001024770(DEED) UNE TABLE =W INST. #20060522000771350(PLAT) UNE BEARING DISTANCE GPIN 1469-52-7035 L1 N38'20'44"E 49.95' MERIDIAN REFERENCE: L2 N 51'37'16"W , 75.00' VIRGINIA STATE PLANE COORDINATE SYSTEM L3 N38'23'54"E 39.96' SOUTH ZONE, NORTH AMERICAN DATUM 1.4 N36'48'17'W _ 136.86' 1983/1993 (HARK) (U.S. SURLY FOOT) L.5 S2516'43"W 35.93' GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF too , 50 100 200 A PORTION OF LOCUST CRESCENT = I (FORMERLY ELM STREET - M.B. 3, PG. 171) ( n ) & A PORTION OF ELLIS AVENUE 1, 1 Inch I. 100 n (FORMERLY PINE STREET - M.B. 3, PG. 171) AND o���AtiTH O� `r� A CLOSURE OF off. LAKE AVENUE AND OAK STREET V�� (M.B. 3, PG. 171) Uc. No. 2516 VIRGINIA BEACH, VIRGINIA Patton Harris Rust & Associates f/f07f// 4 Engineers. Surveyors. Planners. Landscape Architects. t qNa SURD'' RA r., 410 NORTH CENTER DRIVE, SUITE 100 Norfolk, VA 23502 T 757.497.7472 F 757.497.0250 I '- NOVEMBER 7 2011 ��. I. f _ ;IDENTIFIER PARCEL & OWNER IDENTIFIER PARCEL & OWNER OA LOTS 9, 10 — BLOCK 2 JQ LAKE SMITH N/F CITY OF VIRGINIA BEACH N/F CITY OF NORFOLK INST.#20060706001024770 (DEED) INST.#20060522000771350 (PLAT) INST.#20080522000771380 (PLAT) O.B. 51, PG. 10 GPIN 1469-52-4486 GPIN 1469-62-7175 • LOT 11 — BLOCK 2 KO LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.420081120001335970 INST.#20060706001024770 (DEED) M.B. 3, PG. 171 INST.#20060522000771390 (PLAT) GPIN 1469-52-5403 GPIN 1469-52-4277 , © LOTS 12-20 — BLOCK 2 © A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH ALL OF LOTS 9-19 — BLOCK 3 INST.#20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH INST.#20060522000771420 (PLAT) INST.#20060706001024770 (DEED) GPIN 1469-52-6306 INST.#20060522000771390 (PLAT) OO A PORTION OF LOTS 23, 24, 25 & GPIN 1469-52-3280 26 — BLOCK 2 ® LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060706001024770 (DEED) INST.O20060522000771400 (PLAT) INST.#20060522000771390 (PLAT) GPIN 1469-52-5486 GPIN 1469-52-5130 QE A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 FQ LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 • LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN 1469-52-7421 QH LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 QI PARCEL A N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.420060522000771350 (PLAT) GPIN 1469-52-9638 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171) & A PORTION OF ELLIS AVENUE ..�•. (FORMERLY PINE STREET — M.H. 3, PG. 171) + wt.,.TH Op AND $ A CLOSURE OF a LAKE AVENUE AND OAK STREET (M.B. 3, PG. 171) ► cTiM� ► W? VIRGINIA BEACH, VIRGINIA tic. No. zsle Patton Harris Rust & Associates f//07f jl Engineers. Surveyors. Planners. Landscape Architects. tdND suavOa4 n I� N10 NORlk, TH CEN235TER DRIVE, SUITE 100 2 SHEET 2 OF 2 J i i T 757.497.7472 F 757.497.0250 NOVEMBER 7, 2011 `s01r N/A I°i`1"" TFF I ' 16700-1-14 �`� 6c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, Located at the rear of 2244 Windward Shore Drive MEETING DATE: November 9, 2021 • Background: David and Beth Darrow (the "Applicants") have requested permission to construct and maintain a 47' bulkhead and 91' rip rap revetment, and maintain a 33.4' x 12' timber pier and 22.6' x 15.8' boat lift and roof structure (the "Encroachments") into City-owned property known as Treasure Canal, located at the rear of their property at 2244 Windward Shore Drive (GPIN: 2409-09-7055). • Considerations: City Staff reviewed the Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 2 7 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2244 WINDWARD SHORE DRIVE 9 10 WHEREAS, David H. Darrow and Beth B. Darrow (the "Darrows") have 11 requested permission to construct and maintain a 47' bulkhead and 91' rip rap revetment, 12 and maintain a 33.4' x 12' timber pier and 22.6' x 15.8' boat lift and roof structure (the 13 "Encroachments")within the City's property known as Treasure Canal, located at the rear of 14 their property at 2244 Windward Shore Drive (GPIN: 2409-09-7055); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, That pursuant to the authority 25 and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, the Darrows, their heirs, assigns and successors in title are authorized to 27 construct and maintain the Encroachments within the City's property as shown on the map 28 entitled: "EXHIBIT A — FOR PROPOSED BULKHEAD AND RIP RAP, AND EXISTING 29 PIER AND BOAT LIFT FOR DAVID & BETH DARROW LOT 55, PLAT: TREASURE 30 CANAL, CITY OF VIRGINIA BEACH, M.B. 45, P. 37, 37A," having a Scale of 1" = 30', 31 dated August 12, 2021, and prepared by Calvert Marine, a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 36 to those terms, conditions and criteria contained in the agreement between the City of 37 Virginia Beach and the Darrows (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Darrows and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM:rPi_ 13 LIC WORK , REAL ESTATE DAN ARMEYER SENIO CITY ATTORNEY CA15389 R-1 Prepared: 10/4/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p036\00754839.doc Exhibit A - For Proposed Bulkhead and Rip Rap, and Existing Pier and Boat Lift 'William Et Stefanie Edgar 2248 Windward Shore Drive For David & Beth Darrow LOT 54, M.B. 45 MB PG. 37A LOT 55, GPIN: 2409-09-5081 PLAT: Treasure Canal, City of Virginia Beach, M.B. 45, P. 37, ObURVIVORSTRUSTC/UALBERTAND 37A GRETCHEN FISHER JOINT REVOCABLE TRUST Date Completed: 8/12/21 2240 Windward Shore Drive 30' 0' 30' 60' LOT 56, M.B. 45 PG. 37 GPIN: 2409-09-8146 GRAPHIC SCALE 1" = 30'-0" CITY OF VIRGINIA BEACH TREASURE CANAL cr ("1'4 ,\�N, it 01 r Map Book 45, Page 37 and 37A /�. NEW RIP RAP (9'.0'W.) w REVETMENT 91 LF 4EW BULKHEAD MHW : • 08/12/2021 + N EXISTING ROOF STRUCTURE MHW IWALTER T. McKENNA II Z 22.6'x 15.8' MLW4 `r' t • EXISTING TIMBER PIER 6' A3 ,,,M o ,, tic. No. 042866 33.4'x 12.0' =� 8 ' '7 O o0 EXISTING BOAT LIFT 5 �' v) f,SS/ 1��, �.� �1 10.5 'r'4, EXISTING nNA4 E' 3. '"- I gyp, c �- k RIP RAP 20. ` 5 C h `�*�s�;�re •_, -- --"T156 55 37"E ni i - _=_-_---- I - 93.80 O O � / BEVEL RIP RAP SILT FENCE � � 2 / / AT EASEMENT h // ' EXISTING BULKHEAD ISO '� rV // / ' 0' ' / EXITING 24" 7 t// / ySTORM DRAINDAVID / BETH DARROW w.�o� / I Instrument No. ,� „^ / j/ 2 2 4 4 200509020140924 w •a1 ^-i �/ v GPIN: 2409-09-7055 N ^, V/ L� U ‘...0 4)bh / / a LOT 55 s M 0 • i/ io/ 4 Stains c ° o O n C N// Z.F/ `• " VS o/ /t/ 780 = a� a 0 / / GOMP4S co i R = 411 .44' Windward Shore Drive -'- -- _ _ A = 144.52' 50 FT R/W _ - - CALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID H. DARROW AND BETH B. DARROW, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "55"; as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2244 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 47' bulkhead and 91' rip rap revetment, and maintain a 33.4' x 12' timber pier and 22.6' x 15.8' boat lift and roof structure, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-09-7055 (2244 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A — FOR PROPOSED BULKHEAD AND RIP RAP, AND EXISTING PIER AND BOAT LIFT FOR DAVID & BETH DARROW LOT55, PLAT: TREASURE CANAL, CITY OF VIRGINIA BEACH, M.B. 45, P. 37, 37A," having a Scale of 1" = 30', dated August 12, 2021, and prepared by Calvert Marine, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David H. Darrow and Beth B. Darrow, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that 4 the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: David H. Darrow 'Beth B. Darrow STATE OF CITY/COUNTY OF I I'(�l/11(�c , to-wit: The foregoing instrument was acknowledged before me this ozs day of */(1116-6?), 202 I , by David H. Darrow and Beth B. Darro SEAL) I1 .u•A�� Notary Registration Number: '7 "9 ?aa.) LORENDA CARSON STRICKLAND �a NOTARY PUBLIC My Commission Expires: / � COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUG.31,2023 COMMISSION#7645612 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (peL 4ci:-1'1A4TURE AN . ARMEYER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE 7 Exhibit A - For Proposed Bulkhead and Rip Rap, and Existing Pier and O illiam £t Stefanie Edgar Boat Lift 2248 Windward Shore Drive For David & Beth Darrow LOT 54, M.B. 45 MB PG. 37A LOT 55, GPIN: 2409-09-5081 PLAT: Treasure Canal, City of Virginia Beach, M.B. 45, P. 37, O.URVIVORS TRUST C/U ALBERT AND 37A GRETCHEN FISHER JOINT REVOCABLE TRUST Date Completed: 8/12/21 2240 Windward Shore Drive 30' 0' 30' 60' LOT 56, M.B. 45 PG. 37 GPIN: 2409-09-8146 1 .0 GRAPHIC SCALE 1" = 30'-0" CITY OF VIRGINIA BEACH kr TREASURE CANAL °, O , A. op Map Book 45, Page 37 and 37A ff Co,44 SAG, NEW RIP RAP (9..0'W.) w •^ REVETMENT 91 LF NEW BULKHEAD MHW 0 08/12/2021 EXISTING ROOF STRUCTURE 47 LF MHW N WALTER T. McKENNA II 22.6'x 15.8' MLW 4 in oR EXISTING TIMBER PIER 6' k3 �, -".cf� 33.4'x 12.0' `,' O o0 . Lic. No. 0428• • ; � 5 8 , rl ,$;4,-,,;r , , EXISTING BOAT LIFT 1.' 74 N 0NAi.S il_ , - - 5• 9 �'$nse, Gs EXISTING .5.�A�C di J 'maw `' '1 < • E .RIP RAP 20. Ai 12 .1• _v_- --- 'o ;,1��imy. ------6°55'37"E —{ ni/ ... --_=_-_ 93.80' _ I O / BEVEL RIP RAP SILT FENCE/ i// AT EASEMENT 2 Al/// / EXISTING BULKHEAD i 111N1% HIV / / _ / EXISTTING 24" / STORM DRAIN �/ iAVID / BETH DARROW =ok �/ i / I Instrument No. �� „) �// , /tta 7 I 2 4 4 200509020140924 w a co." V• „2 `i/ e GPIN: 2409-09-7055 •o � ^/ /^/ a LOT 55 Ni i / in (t.„• ..k/ i,:tzi/ aTaagi ng a ° re)A-)/ te"/ 4a a O it), M N i°/ o / , . �` 1...)cOMpdiR I— .z./ / / 780 .. / 1:-, a III R = 411 .44' Windward Shore Driv: - - -- _ _ _44.52' 50 FT R/W - - CALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net _ I. : "-'- r..,lit. 001. 4 'K . .,.iiiimt,:t. , ''� t�4 , " A. • A ti- • r. • i,„ . ,v.- ,it...,.., ,, vs I. ' le ciftylid' .. ... 1 .l - .. ...- �-. / _ - - a +4'9, y,_ .....„...,...... ..... — ' �_ . ' , u ' e ' i111 r vP�i $a r r .d" ,„ ,..,„.„ • km i + ,. 1,. i _ p •.., - . .(-- ' .-- , :--.• 7 I..44,1014A I c.,,. ''.. . ,.:2 , ',,- ,i is . WE ''.N . Sf r ...',. '!'''''.0,1 1''''''':':'.L'''. :"''.''' 4111,, . '''.:.':''''..t.., 'tr,L',',L:.: .'r:i°',..,..,. :..t. '"''' , ' • y/r----'. ' It, i 10,L „ r n.., _ . - . . , .... . i ic . , 2409-09-7055 _ , t ,. . .„, 4 0 1[-- C.,.• 4 te.•. ': - .,, i , OIll- ' C 1M WINDWARD SHORE cm Il.oi?A' ,r. LOCATION MAP ENCROACHMENT REQUEST FOR DAVID & BETH DARROW ...W 2244 WINDWARD SHORE DR Legend '% -; GPIN 2409-09-7055 ,74i, • I; „` Feet City Properties ,` .' ,+ 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 07/01/2021 X:ICADD\Projects\ARC Files\AGENDA MAPS\2409-09-7055 Aerial N SHORE DR W �� E r s °SITE). F"9T N, C,f i3O ti 2409-09-70551 0 - 0 g D ----\ .--I -- WINDWARD SHORE DR —L----------.. 0 LOCATION MAP r----1 ENCROACHMENT REQUEST FOR DAVID & BETH DARROW 2244 WINDWARD SHORE DR GPIN 2409-09-7055 Legend iiiI Feet City Properties 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 07/01/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-09-7055 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 Disdosure DAVID DARROW Applicant Name Does the applicant have a representative? Yes D No • if yes,list the name of the representative. CALVERT MARINE is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes JE No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that' should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage a 3 Known Interest by Public O€fidal 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 jIr 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-coilateralizatlon,etc)or are they considering any nancfng i connection with the subject of the application or any business operating or to be operated on the property? Yes No i • If yes,id fy the financial institutions. 2. Does the applicant have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? ❑Yes Si No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting andjor preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes riii No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes rigi No • If yes,identify the purchaser and purchaser's service providers. 21Page 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?D Yes jit No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the engineer/surveyor/agent. CALVERT MARINE 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes rif No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature - DAVID DARROW Print Name and Title fis /z --- -- Date Is the applicant also the owner of the subject property? ❑Yes ❑ No ▪ If yes,you do not need to fill out the owner disclosure statement. MI:CITY USE ONLY/All disillgisures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Sign No changes a of Date ature, Print Name 3IPage 1 Continue to Next Page for Owner Disclosure 4fPage 1 Owner Disclosure 7� Owner Name c 7-i')1 "i' ,►ci _ Applicant Name as../1 ,T) .fir( -J Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes 'No • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list If necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes V fv o • If yes,what Is the name of the official or employee and what is the nature of the Interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity;or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 ) Page r, • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateratization,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? ID Yes :4 No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes g No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes bit No • If yes,identify the firm or 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 tEi No • If yes,Identify the firm or individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?❑Yes X No • if yes,Identify the purchaser and purchaser's service providers. • 6. Does the Owner have a construction contractor In connectioi with the subject of the application or any business operating or to be operated on the property?0 Yes pl No • If yes,identify the construction contractor. 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?156 Yes ❑No • If yes,identify the engineer/surveyor/agent. C 4 IN/C/4 Vick/1 n _ --- --- - - 6IPage � 4 ,- � # am" a cs 4 w t3. is the Owner seFeivir fetal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • ate,;Identify the name of the attorney or firm providing legal services. �r mature I terrify that ail of the'informationcontained in this Disclosure Statement Form is complete;true,and accurate. 1 understand that, upon receipt of notification that the application has been sdheduted for public hearing, am responsible for updating the information provided herein tyro weeks prtar to lire meeting of Planning �t1► 11B�1i i�PA,Wetlands Board or any pub�dbodiv or r onsrnittee.....connectionwith this app tion. er / A Prtnt Name and Title Date • 7 I P 2 g e i tsi 1, J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as GPIN: 2424-02-4573, located at the rear of 2460 Entrada Drive. MEETING DATE: November 9, 2021 • Background: Scott D. Stamm and Kelli Stamm (the "Applicants") have requested permission to construct and maintain a 130' timber bulkhead, 32' x 6' wharf, and 12' x 11 .7' boat lift (the "Encroachments") into City-owned property known as GPIN: 2424- 02-4573, located at the rear of their property at 2460 Entrada Drive (GPIN: 2414- 93-5203). • Considerations: City staff has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:IV 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS GPIN: 2424-02- 7 4573, LOCATED AT THE REAR OF 2460 8 ENTRADA DRIVE 9 10 WHEREAS, Scott D. Stamm and Kelli Stamm (the"Stamms") have requested 11 permission to construct and maintain a 130' timber bulkhead, 32' x 6'wharf, and 12'x 11.7' 12 boat lift (the "Encroachments") within the City's property known as GPIN: 2424-02-4573, 13 located at the rear of their property at 2460 Entrada Drive (GPIN: 2414-93-5203); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, That pursuant to the authority 24 and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 25 as amended, the Stamms, their heirs, assigns and successors in title are authorized to 26 construct and maintain the Encroachments within the City's property as shown on the map 27 entitled: "EXHIBIT 'A'— ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, 28 PROPOSED WHARF, PROPOSED BOAT LIFT AND THE EXISTING PIER TO BE 29 REMOVED. FOR: SCOTT AND KELLI STAMM 2460 ENTRADA DRIVE, LOT 313, 30 SECTION 2, LAGOMAR M.B. 77, P. 14," having a Scale of 1" = 40', dated June 8, 2021, 31 and prepared by Clark Design Group, a copy of which is attached hereto as Exhibit A, and 32 on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 36 to those terms, conditions and criteria contained in the agreement between the City of 37 Virginia Beach and the Stamms (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Stamms and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �C WOR S, REAL ESTATE I MEYER SENT CITY ATTORNEY CA15390 R-1 Prepared: 10/4/2021 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d 004\p038\00755308.doc C STAMM ENCROACHMENT EXHIBIT 0 40 80 IMIdliMINellillli 1"=40'— — _— This site plan is based on plat recorded in (City of Virginia EX. BULKHEAD I _ Beach) M.B. 77, P. 14 and EX. BOAT LIFT was prepared without the AND WHARF n/f city of virginio beach benefit of a title search 1 gpin: 2424-02-4573 1 m.b. 77 p.14 100'DRAINAGE 11 PROPOSED S r- -- 8 PUBLIC USE - ' f EASEMENT BOAT LIFT nn ; PROPOSED WHARF r, *. PROPOSED 130' 1 TIMBER BULKHEAD i PROPOSED IMPROVEMENTS N TO ENCROACH / SEE SHEET 2 FOR DETAILS 1 OHWc I OHW I EXISTING PIER I n/f holtz living trust I TO BE REMO . I gpin: 2414-93-6231 I n/f scott and kelli ' ' inst# 20190326000239640 I I stomm I I L=1 13.81 m.b. 77 p.14 I gpin: 2414-93-5203 POOL - .• I R=800.00 lot 312, section2 g I instil 20120919001077660 I m.b. 77 p.14 lot 313,.. section2 if 0 y •'r'• O N I 1 S.nNv.o \IA H O� h 1 DECK �O o f 1 O 1 o 0 o d ���ie _ IIII • v� m Z0 I.' 1 O y N F- cS7 2-STORY BRICK ° o E O/j ? #2460 ENTRADA a•� o BRAD MARTIN ,1 is • N Lic. No. 32999 —— J �11� 06/05/202I �q- : I1 , yDbm DI mIz L=136.57 zit, _ JJLJ — �R=960.00 --II _ 1,931'TO �_ATWOODTOWN ENTRADA DRIVE ROAD (60' RIGHT-OF-WAY M.B. 77 P.14) EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A CLAR K Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 - 3900 1 www . ClarkDes . corn / STAMM ENCROACHMENT EXHIBIT - PROPOSED ENCROACHMENT 0 20 40 PROPOSED BULKHEAD = 10.5' PROPOSED WHARF = 13.2' PROPOSED BOAT LIFT = 24.9' 1" = 20' — EX. BULKHEAD �� EX. BOAT LIFT p,CTH OF -- _ , AND WHARF O��j / n/f city io beach /� gp n: p.7 2424-02-4573 �. m.b. 77 p.14 BRAD MARTIN D Lic. No. 32999 ,0 06/013/2021 Q- 'Po ,44' PROPOSED BOAT LIFT A'SS/ONAL °A- PROPOSED WHARF PROPOSED 130' TIMBER BULKHEAD ---\ imisill ►s TO ENCROACH 111.2 N Es) _ N _ OHW OHW I---32.0' rn ---- EN — cv 73' En. N- 39' — _- M i) — — — — -- — — i n/f scott and kelli stomm EXISTING PIER TO BE REMOVED gpin: 2414-93-5203 I instil 20120919001077660 m.b. 77 p.14 lot 313, section2 -- I ra • POOL EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A CL-ARK Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 3900 2 www . ClarkDes . corn PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SCOTT D. STAMM AND KELLI STAMM, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "313," as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 14, and being further designated, known, and described as 2460 Entrada Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 130' timber bulkhead, 32' x 6' wharf, and 12' x 11 .7' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2424-02-4573 (CITY-OWNED PROPERTY) 2414-93-5203 (2460 ENTRADA DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as GPIN: 2424-02-4573 the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' — ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED BOAT LIFT AND THE EXISTING PIER TO BE REMOVED FOR: SCOTT AND KELLI STAMM 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14," having a Scale of 1" = 40', dated June 8, 2021, and prepared by Clark Design Group, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Scott D. Stamm and Kelli Stamm, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GR TEE: / 4,a/r,ll Sc tt D. Stamm' Kelli _,2),, •o_ys- Stamm STATE OF V 1(. 1 II I " CITY/COUNTY OF" VVjr9 i,,'11QiBQOL 1, to-wit: The foregoing instrument was acknowledged before me this 3 6 day of gepleArkbP4f, 2021, by Scott D. Stamm and Kelli Stamm. SM k�/ \Q4A (SEAL) tary Public �.„in,„, °•y‘Z? M MFY,,g = • NOTARY a l PUBLIC Notary Registration Number: 33.ci 4P1�( =_ : REG.0329480 • so I PAY EO 8810N 1$ My Commission Expires: Sj 131 I a.� ,S oe�hI__ _ , 91 y,'hs •......•••F 4.04. 1s4 ALTM C ��. 4 4'w INN„d0 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF ICIENCY AND FORM S5gliTilijRII6 D R EY R SENIOR CI Y ATTORNEY PUBLIC WORKS/REAL ESTATE 7 STAMM ENCROACHMENT EXHIBIT- 0 40 80 1"=40'' _ _ This site plan is based on plat recorded in (City of Virginia EX. BULKHEAD I Beach) M.B. 77, P. 14 and EX. BOAT LIFT was prepared without the AND WHARF i n/f city of virginio beach benefit of o title search I gpin: 2427-02�4573 4 100'DRAINAGE II S -- &PUBLIC USE --' PROPOSED ` ' I EASEMENT BOAT LIFT a ��_ nn ; PROPOSED WHARF P, PROPOSED 130' 1 TIMBER BULKHEAD I PROPOSED IMPROVEMENTS N TO ENCROACH i SEE SHEET 2 FOR DETAILS I OHN` i --OHW EXISTING PIER 1 n/f holtz living trust I TO BE REM• • 1 gpin: 2414-93 6231 i n/f scoff and kelli •.` 1 inst# 20190326000239640 I I stomm 1 I L=113.81 m.b. 77 p.14 I gpin: 2414-93-5203 POOL '• 1 R=800.00 lot 312, section2 g 1 inst# . 120120919001077660 I m.b. 77 p.14 lot 313, section2 11 I ° N o °,) o Z� 03 N I 1 .nNet c sp,LT H OF 1 DECK '�❑ a 11 o o 0 G� /0,0e'/// IIII —1?❑ o� oaN i• ,' 2-STORY BRICK ° o Z #2460 ENTRADA � 11 o S o BRAD MARTIN y1 E �� Lic. No. 32999 ——r S4P1 06/O6/202 I IL I/ Tii ILc=� JILlL=136.57 Z 10 ,/—R=960.00 i _ 1,931'TO — — — �—ATWOODTOWN ENTRADA DRIVE ROAD (60' RIGHT-OF-WAY M.B. 77 P.14) EXHIBIT 'A'- ENCROACHMENT REQUEST FORA C L--ARK Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 (757) 622 - 3900 DATE: 06 / 08 / 2021 SHEET 1 OF 2 www . ClarkDes . corn J / STAMM ENCROACHMENT EXHIBIT - 0 20 40 PROPOSED ENCROACHMENT PROPOSED BULKHEAD = 10.5' PROPOSED WHARF = 13.2' PROPOSED BOAT LIFT = 24.9' 1" = 20' EX. BULKHEAD e- EX. BOAT LIFT E p,L T H — AND WHARF F n/f city of virginio bench G /,,Q: gpi : 2424-02-4573 mb. 77 p.14 • BRAD MARTIN D Lic. No. 32999 O6/O8/ 2O2I , �'o �, PROPOSED BOAT LIFT Ak,—SS'ONAL ENG PROPOSED WHARF PROPOSED 130' TIMBER BULKHEAD 11.7' ►f TO ENCROACH '11111 _ - O) 110111011 N _ OHW OHW --32.0' _ 101111111 : '_ N. 39' _ _ n/f scott and kelli stomm EXISTING PIER TO BE REMOVED gpin: 2414-93-5203 I inst// 20120919001077660 1 I m.b. 77 p.14 lot 313, section2I r7 . :. • .. POOL EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A CL-ARK Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 3900 2 www . ClarkDes . corn STAMM ENCROACHMENT APPLICATION PROJECT AREA-VIEW LOOKING EAST SHOWING SIMILAR ENCROACHMENTS y r e, fS'ow t . ' . t sA„. r .J',• a y ._.' .. ....... ' .- . `" PROJECT AREA-VIEW LOOKING WEST SHOWING SIMILAR ENCROACHMENTS ./ - ' . , T SYam? •�`a !. I . i4' f4 fir, M ' k• !?! ' .. ix to'r •'• .* J :„ '7, t i .„ R.. `f . 1 ' - ....t:..14- ' •....11 . Of ' ' '.,'-',., , `..,;,,-.1...., ts i6".. t.;1 ' , i' _ iiiii, allii 1 : ' 9< r STAMM ENCROACHMENT APPLICATION PROJECT AREA-VIEW LOOKING SOUTH L 3 Y iiF I. ri.00000;,- _g f - tntgp ..± i 7 7 WTa Q coLo I Q W N Z z W Q a) a YD4 z • its, U U — W N a, E 1 7 0OOta o Q IXV) N0 in- U W (;)Li. ; 0 0 a Jrci Nit\, . 4 �! . ' } ii rip _ ,,,- 111 \ _ Q / hN. t. Ci a 6. NN O O L 1 d N /v4y) �i• (n d d Q osen . :.. a) w lei • a w r-,. ik j = UCD a J rz N oe 4 2 lw -.�•- E 0 S I - , . 0 c, L. 0 a- m 0 La IU N A. 2414-93-5203 ENTRADA DR_- —-- --- - Th -1 ____ -s"- LOCATION MAP —_, ENCROACHMENT REQUEST 1t FOR SCOTT & KELLI STAMM Legend 2460 ENTRADA DR l --- GPIN 2414-93-5203 - BRAS CT -- Feet City Propertiesimmo 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 07/01/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2414-93-5203 Disclosure Statement Planning&Community �., _ Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant SCOTT&KELLI STAMM Does the applicant have a representative? 0 Yes 0 No • if yes,list the name of the representative. CLARK DESIGN GROUP LLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity Is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that' should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement X113 Planning& Community .--. Known Interest by Public Offidal 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 andfinancing in connection with the subject of the application or any business operating or to be operated on the property? Yes [ (No • If yes,identify he financial institutions. ��� /1041, ^ 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑ Yes El No • If yes,identify the real estate broker/reactor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement c .,orti,;fatsod .Ilium&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • if yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the engineer/surveyor/agent ENGiNEER/AGENT-CLARK DESIGN GROUP LLC B. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes lu No • If yes,identify the name of the attorney or firm providing legal services, Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. All .I I/t-III Applicant Signature *y� -cadet rt �u��/ K far`► T,4i4 Gr it)L2_, Print Name and Title * 0.7 Zi Date Is the applicant also the owner of the subject property? C 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 o rso than.:asof Otto Signature Print Nunn Wage rip....."S'sk, .+j." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right- of-way known as Sandfiddler Road, adjacent to 2445 Sandfiddler Road MEETING DATE: November 9, 2021 • Background: Robert A. Finley and Graciela I. Finley (the "Applicants") have requested permission to retain 12 wood pile posts (the "Encroachments"), located on a portion of the City's right-of-way known as Sandfiddler Road and adjacent to the Applicants' property at 2445 Sandfiddler Road (GPIN: 2434-12-0590). The Encroachments are adjacent to the edge of the pavement, which interferes with the required safety buffer/roadway clear zone, measured 8' from the edge of pavement. Parking is not permitted on Sandfiddler Road within the area the Encroachments are located. The Applicants have reviewed the attached Agreement, understand its terms and conditions, and have refused to sign the Agreement until such time as it is approved by Council. • Considerations: City staff has reviewed the Encroachments and recommends denial and removal of the Encroachments due to vehicular safety concerns. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments or add conditions as desired by Council. • Recommendations: Denial • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Form Recommended Action: Denial. Submitting Department/Agency: Public Works/Real Estate �) City Manager:Y M) 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS SANDFIDDLER ROAD, 7 ADJACENT TO 2445 SANDFIDDLER 8 ROAD 9 10 WHEREAS, Robert A. Finley and Graciela I. Finley (the "Finleys") have 11 requested permission to retain 12 wood pile posts (the "Encroachments") into a portion 12 of the City's right-of-way known as Sandfiddler Road, adjacent to their property at 2445 13 Sandfiddler Road (GPIN: 2434-12-0590); and 14 15 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Finleys, their heirs, assigns 24 and successors in title are authorized to retain 12 wood pile posts in the City's right-of- 25 way as shown on the map entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD 26 PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 27 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated June 16, 2021, and prepared by 28 Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and on file in 29 the Department of Public Works, to which reference is made for a more particular 30 description; 31 32 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and the Finleys (the "Agreement"), an unexecuted copy of which has been 35 presented to the Council in its agenda, and will be recorded among the records of the 36 Clerk's Office of the Circuit Court of the City of Virginia Beach; 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time the Finleys and the City Manager or his authorized designee execute the 42 Agreement. i 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY AND FORM: 413-414 WO KS, REAL ESTATE AR E I ITY ATTORNEY CA15197 R-1 Prepared: 09/21/21 c:\users\ccvaug han\appdata\Iocal\microsoft\windows\i netcache\content.outlook\wy5jmmu7\00756522.docx 2 GRAPHIC SCALE 0' 25' 50' 75' A4 /DIAN MAP S .�„` BppK 32 PAGE BS 0" 1" 2" 3" LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEVIN G. BOLL, JR. : LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 [I 20180103000003870 20180807000650490 GRIN 2434 02 9397 •I•I GPIN 2434 02 9456 �. GPIN 2434 02 9525 N . . , .---ii _____ ___ �10'48'00" W 100.00' LOT 8, BLOCK 2 LOT 10, BLOCK 2 NOW OR FORMERLY LOT 9 I NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 INSTRUMENT PAGE 466 PROPERTY OF • 20180215000130060 GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY GPIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GPIN 2434 12 0590 - 0 0 0 to 1111IIIIDIiiIi=_ �IIIII 141!1IUMfil=_= c° w 0 — d =o L La - N ....t #2445 = ` 0 2-STORY FRAME _ Z RESIDENCE N = + I \. UNDERGROUND N. 1 i TELECOMMUNICA710N �__ .—_-- LINE a • I ! UNDERGROUND l _ • I ' POWER LINE • 0 I ' - _ • ;� r . ! I b I BLOCK 2 r~ .•• A •4 �•I ' -WOOD RETAINING WALL 30' BUILDING ENCROACHMENT AREA • SETBACK LINE — = 620 SQUARE FEET . I ! MAP BOOK 32 PAGE 65 S 10'48'00" E 100.00'• e I i i ENCROACHMENT AREA •a .• i � 135 SQUARE FEET WATER METER n PIN FOUND SEWER MANHOLE o I • //-- •-•I NAIL FOUND WOOD PILE POSTS %` '•44j� ;7f% e' ' _ •EDGE OF ASPHALT \ //�� r,�±��� • • a 46 VACUUM VENT ' i L 6" VACUUM SEWER 3/4" WATER SERVICE- 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN SANDFIDDLER ROAD 50' RIGHT OF WAY - - - - MAP BOOK 32 PAGE 65 *I'p.LTH OF D `" EXHIBIT 2• SHOWING ENCROACHMENT OF WOOD PILE POSTS , .o R.L. HARWOOD � ' LOT 9 Lic. No. 3317 SANDBRIDGE BEACH l -16-2-1 BLOCK 2 MAP BOOK 32 PAGE 65 ~Cq1O SUR`IE�Og VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR: WARREN AND ASSOCIATES, PC ROBERT A. FINLEY & GRACIELA I. FINLEY LAN SURVEYORS 3933 Indian River Road SCALE 1 INCH = 25 FEET Virginia Beach, Virginia 23456 DUNE 16, 2021 757-471-0572 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT A FINLEY and GRACIELA I. FINLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "9", in Block 2, on that certain plat entitled: "SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.," Scale: 1" = 100', dated October 10, 1952, and prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 65, and being further designated, known, and described as 2445 Sandfiddler Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain 12 wood pile posts encroaching 12.3' into City right-of-way and encompassing a total of 755 sq. ft., collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT OF WAY (NO GPIN ASSIGNED) GPIN: 2434-12-0590 (2445 SANDFIDDLER ROAD) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right-of-way known as Sandfiddler Road located adjacent to 2445 Sandfiddler Road, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated June 16, 2021, and prepared by Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert A. Finley and Graciela I. Finley, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that 4 the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ROBERT A. FINLEY, Owner GRACIELA I. FINLEY, Owner STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by Robert A. Finley and Graciela I. Finley. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 GRAPHIC SCALE 0' 25' 50' 75' �RIDIAN SOuRry- f, MAP BOOK 32 • PACE 65 0" 1" 2" 3" LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEVIN G. BOLL, JR. : LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 LI 20180103000003870 I 20180807000650490 GPIN 2434 02 9397 GPIN 2434 02 9456 I. GPIN 2434 02 9525 'JL, . -- N 10'48'00'. W 100.00' LOT 8, BLOCK 2 LOT 10, BLOCK 2 NOW OR FORMERLY LOT 9 NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 INSTRUMENT PAGE 466 PROPERTY OF 20180215000130060 GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY GPIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GPIN 2434 12 0590 0 0 d toO N 3 #2445 _ r. o I 2-STORY FRAME _ `, Z N RESIDENCE .•-=7-----( `b N = + I \,.F UNDERGROUND 1 ' TELECOMMUNICATION LINE al I ��• UNDERGROUND _ i� , , POWER LINE BLOCK 2 I r .' , ;a i ! WOOD RETAINING WALL ENCROACHMENT AREA ._ • , j';� _ 30' BUILDING = 620 SQUARE FEET la a ' ! SETBACK LINE - r MAP BOOK 32 PAGE 65 S 10'48'00" E 100.00' , ENCROACHMENT AREA " I = 135 SQUARE FEET WATER METER\ .+�" a `.•. \ + i,PIN FOUND SEWER MANHOLE-} `�\ NAIL FOUND WOOD PILE POSTS %, �'i 1 •a, ' ` EDGE OF ASPHALT- 12 3''- 4, �'' • " ,'% 1i.,' VACUUM VENT I -'-- Lf 6" VACUUM SEWER 3/4" WATER SERVICE- 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN - SANDFIDDLER ROAD 50' RIGHT OF WAY ' - _ MAP BOOK 32 PAGE 651,1,.LTH OF G • EXHIBIT SHOWING ENCROACHMENT OF WOOD PILE POSTS , R.L. HARWOOD �' LOT 9 ' Lic. No. 3317 SANDBRIDGE BEACH , /6-16-2-1 I BLOCK 2 MAP BOOK 32 PAGE 65 C 14 SURVE{O®9( VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR: WARREN AND ASSOCIATES, PC ROBERT A. FINLEY & GRACIELA I. FINLEY LANDSURVEYORS 3933 Indian River Road Virginia SCALE::1 INCH = 25 FEET JUNE 16, 2021 Beach,7-47-0 10,572 23456 ' , F ' \III 11 \ 1-1 i Y Q ,,,.'ir ,4 IF rg ; f:,.. 1 1,,- ' r -..k.47-i„,...„,;,,,--....,,,,,„... ... .. ,,,: ,‘,,,, , 1 ° � ' :--, . .:.,. ., ........ _ ._ ;_z,. ,,, i _ z_._.,.. _...,_.., rip I 1 r n 4 tz. ' .4 'i. ,. I 11111 IIAL 1;1[1[4 VI � e 'm- ✓m w" �k e i P S a a :o^ 9 . i v � $, P.. ..., - .t rev i Iy .e ,�y� ifw .b a%4:,nn e:+'fi P xP e"n::: "`."'„7 *,�"k&'' V .4 :�i `xp • u ., y R r gip. . ..- L 4 o- .Jw. .,4 „ i '• . , p it,« ' ••-rizz7-r• •-'-' ----L ,.„ PL -. 0 • .0 - - -;-- ' •- ' I. '• A; '-•4- • _, ? ' • '- I, (.. :,,i,-`ef-'-.4*. 44,. , ' -. . -.• . ' -; --'• -,•• i '/4 ' V.' t ............„,„ I .- ,----„,.,,-. ,.,,,--"-'''-' ' --- , -:ir -'--,‘. ; ' --:.,- :: ii,1-4.4,..• a.iii,;...7,:'.3::1,'_, -L' ''__. . „ . , . 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Ilk .,...,- -_--....,...,......,..,..__. .....: ..._ ... _ .. .. .. . . . ... . . W /% c4 r- „ate _' r 3 } C r LU Z CO m LU N Li_ o ,„. a Q rn o W JaCe w o Ur~ZZ Q Otv NI-LL�U 0ON o OU ZZQ < o a\ _ Q" \ a D ` . z Ce o \`� LU LU [ 0 Ce ,- L , s { } \ 11111i. .,:........, ,. C C ' R, �p‘PvRRo CV it Sp,NFC w-c 010, lair► zs . Sn t 4;Ut,a it (/ C.e � A LL €0 rna0 ,yy v In N3 LLN 0 E CI. v s / Cr) } CI.- CPIIPI,, .. dilk N V a > ryi N W—.��— E S il‘i -.- • .N�g��oG SITE N 9Z O v \ / m 4 OF\SN LN 00v- 0 0 - \\- \ o m o � � N s vZ �N � Ill P\GK R` LOCATION MAP ENCROACHMENT REQUEST �` FOR Legend ROBERT A. AND GRACIELA L. FINLEY ED 2434-12-0590 G P I N: 2434-12-0590 C =Nom Feet CITY PROPERTY 0 50 100 200 Disclosure Statement = ,V,�J .- _. Planning & Community The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body Applicant Disclosure Applicant Name Robert A. Finley & Graciela I. Finley Does the applicant have a representative? ❑ Yes ULI No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers,directors,members, trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes l No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes Q No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes =1 No • If yes,identify the firm or individual providing the service. Warren & Associates PC prepared Exhibit A, the encroachment plat, for this application. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes EZI No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement1kB Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. X144/CX('Ila --.4-1/46/1 Applicant Signature Robert A. Finley, co-owner Graciela I. Finley, co-owner Print Name and Title 21 September 2021 21 September 2021 Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications a No changes as of Date Signature Print Name Disclosure Statement t)eveioprtient Continue to Next Page for Owner Disclosure Wage Disclosure Statement w\B Planning & Community I)evelopment `r Owner Disclosure Owner Name Robert A. Finley & Graciela I. Finley Applicant Name Robert A. Finley & Graciela I. Finley Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes, list the names of all officers, directors, members,trustees,etc. below (Attach a list if necessary) • 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? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 5IPage Disclosure Statement Cry of a wrap fend: _ Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 1 No • If yes,identify the real estate broker/realtor. 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 Ci3 No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 121 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 Ig No • If yes,identify the construction contractor. 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 in No • If yes,identify the engineer/surveyor/agent. -- --- ----- Warren & Assoc. PC were engaged to prepare a plot of 2445 Sandfiddler Road that shows the encroachment & street.asphalt. 6IPage Disclosure Statement Planning & Community -- . 51.1111111* Development • 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the name of the attorney or firm providing legal services. 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. f /Cf.1i /(7� Owner Signature 6 1 Robert A. Finley, co-owner Graciela I. Finley, co-owner Print Print Name and Title 21 September 2021 21 September 2021 Date e )L��77 s3 f•, 4t • J 4�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Edward Byrne Justice Assistance Grant Funds for Law Enforcement Purposes MEETING DATE: November 9, 2021 • Background: The Edward Byrne Justice Assistance Grant Local Solicitation is a grant from the United States Department of Justice that is used to assist with law enforcement and criminal justice programs. This grant supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for a Community Criminal Justice Board, comprised of representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services, to agree upon the best use of these funds prior to the City's application to the DOJ. On July 21, 2021, this board considered spending proposals and determine distribution of funds anticipated to be received from the federal fiscal year 2021 grant. • Considerations: The total award for the grant is $78,004. No local match is required. The Virginia Beach Community Criminal Justice Board recommends that the funds be used as follows: • $22,123 to the Police Department to purchase bike crowd control gear to be used by the 2nd Precinct Bike Patrol; • $45,481 to the Police Department, Forensics Unit, to purchase Alternate Light Source equipment to be used for enhanced trace and biological evidence capabilities; and • $10,400 to the Community Corrections to purchase saliva drug testing kit to be used for individuals placed on court supervision and ordered for drug screening. As with previous grants, there will be a certification requirement, and the attached ordinance authorizes the Mayor, in his capacity as chief elected official, to make such certifications. • Public Information: Normal Council Agenda process. This grant requires a public comment opportunity, which will occur at the November 9, 2021 meeting. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 EDWARD BYRNE JUSTICE ASSISTANCE GRANT FUNDS 3 FOR LAW ENFORCEMENT PURPOSES 4 5 WHEREAS, the City Council provided a public comment opportunity at is Formal 6 Session of November 9, 2021, to allow residents to comment on the proposed allocation 7 of Edward Byrne Justice Assistance Grant; 8 9 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $78,004 from the U.S. Department of Justice via the Edward Byrne Justice 13 Assistance Grant Local Solicitation is hereby accepted and appropriated, with federal 14 revenue increased accordingly, to the following departments in the following amounts in 15 their FY2021-22 Operating Budget. 16 17 a) $22,123 to the Police Department to purchase bike crowd control gear for the 18 2nd Precinct; 19 b) $45,481 to the Police Department to Purchase alternate light source equipment 20 for enhanced trace and biological evidence capabilities; and 21 c) $10,400 to Community Corrections to purchase drug testing kits. 22 23 2. The Mayor. in his capacity as chief elected official, is hereby authorized to 24 execute, on behalf of the City of Virginia Beach, all necessary agreements, certifications, 25 and assurances as instructed and required by the US Department of Justice. 26 27 3 The replacement of the above items purchased with these grant funds is 28 conditioned upon receipt of future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services City- or y's ice CA15566 R-1 October 21, 2021 u e 'i , �y) 4(= j=l 77 18:J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $220,000 from the Eastern Virginia Medical School for Early Childhood Programming MEETING DATE: November 9, 2021 • Background: Parks and Recreation's Out of School Time Programs Unit (OST) is the largest childcare organization in Virginia Beach and serves approximately 10°/0 of the Virginia Beach City Public Schools (VBCPS) elementary school population of 30,394 students. The early childhood programs are licensed and serving 2.5 to 5-year- olds. Eastern Virginia Medical School (EVMS) has a regional early-childhood collaborative, called Minus 9 to 5, which has been awarded Mixed Delivery program funding to support quality preschool experiences and expand access to early childhood development services for young children in South Hampton Roads. The Virginia Early Childhood Foundation awarded the funding to EVMS Minus 9 to 5 through the Virginia Department of Education. Minus 9 to 5 brings together partners to align and coordinate the early childhood system, ensuring that all families in Hampton Roads are equipped with the resources to raise children who are healthy, thriving, and ready to learn. The OST Unit has been chosen as a program partner. OST will receive funding from EVMS for participation in this program, which will provide 20 financially challenged families with childcare services for 3- and 4-year-old children. • Considerations: EVMS provides $11,000 per slot for the project period, which began on July 1, 2021, and ends on June 30, 2022. As of September 30, 2021, all 20 slots in the program have been filled, meaning the total award in FY 2021-22 will be $220,000. This funding is reimbursable on a monthly basis. Although attendance data will be maintained and reported, OST will receive the same rate regardless of attendance status. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: #72 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $220,000 FROM THE EASTERN VIRGINIA MEDICAL 3 SCHOOL FOR EARLY CHILDHOOD PROGRAMMING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $220,000 is hereby accepted and appropriated from Eastern Virginia Medical 9 School to the FY 2021-22 Operating Budget of The Department of Parks and Recreation 10 to provide childcare for financially challenged families in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. 1--k-AA/N aktadyll, ,tom i Budget & Management Services ii��Q'i ice CA15572 R-1 October 27, 2021 1•1 ( .\ ,,.�,;.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Accept and Appropriate a Flood Mitigation Assistance Grant Award of $1,882,004 from the Virginia Department of Emergency Management to the Office of Emergency Management MEETING DATE: November 9, 2021 • Background: The Virginia Department of Emergency Management (VDEM) has awarded the City $1 ,882,004 for the FY 2019 Federal Emergency Management Agency Flood Mitigation Assistance (FMA) Grant Program. The objective of this grant program is to reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. These funds will enable the elevation of six residential properties that have sustained repetitive damage due to severe flooding. The individual property owners are required to meet all FMA requirements. The City evaluated all structures on the severe repetitive loss list for elevation possibilities. Voluntary interest letters were sent to the owner of record for properties identified as potentially eligible. After a competitive application process, properties were selected for participation in the program based on prior flood losses, depth in the floodplain, cost benefit analysis (using data provided by FEMA), and resident voluntary participation. The following properties were included in the approved grant application: • 2008 Canal Road • 2929 Lynnhaven Drive • 2100 Dawn Avenue • 2916 Breezy Road • 2912 Lynnhaven Drive • 525 Hannibal Street • Considerations: The total grant amount is $1,882,004, with the program period end date on September 23, 2023. The grant will be established as the "Flood Mitigation Assistance Grant V." As with previous FMA grants, the City coordinates with the relevant homeowner and various contractors. The FMA grant can pay for elevation of the home, but other betterments are not reimbursable expenditures. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management City Manager: (Iji7 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 FLOOD MITIGATION ASSISTANCE GRANT AWARD OF 3 $1,882,004 FROM THE VIRGINIA DEPARTMENT OF 4 EMERGENCY MANAGEMENT TO THE OFFICE OF 5 EMERGENCY MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,882,004 from the Virginia Department of Emergency Management is hereby 11 accepted and appropriated, with federal pass-through revenue increased accordingly, to 12 the FY 2021-22 Operating Budget of the Office of Emergency Management for the 13 elevation of six residential properties that have sustained repetitive damage due to severe 14 flooding subject to all requirements of the Flood Mitigation Assistance Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY udget and Management Services o s Office CA15565 R-1 October 21 2021 [ 0 I i r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $250,000 to Capital Project # 100574, "Courts Technology System Sustainment" to Replace the Courts Paging System MEETING DATE: November 9, 2021 • Background: Building 10, 10A, and 10B on the Municipal Center Campus is home to the Virginia Beach court system and is collectively known as the "Courts Building." The Courts Building was originally constructed in 1994. Much of the technology is original, including the paging system. The paging system allows for participants in upcoming cases to wait outside of the physical courtroom and be called when it is their turn to appear. This system lessens the amount of people in a courtroom, eliminates distractions, and provides for additional flexibility and efficiency. The paging system serves courtrooms of both the General District as well as the Juvenile and Domestic Relations courts. The paging system operates from a central hub and works in a linear fashion, meaning if one court is inoperable, courts farther away from the central system will also no longer function. Due to age and the lack of available parts, multiple components of the system only work intermittently. • Considerations: The City established CIP Project# 100574, "Courts Technology System Sustainment," in the FY 2021-22 CIP. However, due to several needs for court technology replacements and refurbishments, funds appropriated to the project in the FY 2021-22 CIP already have been programmed. The need to upgrade the paging system was assessed after funds from the CIP project were assigned. Therefore, additional funds are needed to fund this replacement. Through this action, $250,000 will be transferred from the General Fund Regular Reserve for Contingencies to CIP # 100574. The current balance of the Reserve is $1,237,600; therefore, if approved, the reserve will still have $987,600 available. • Public Information: Normal City Council agenda process. A request to schedule this item was included in the October 22, 2021 , Friday packet. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: The Department of Information Technology and the Virginia Beach General District Court and Juvenile and Domestic Relations Court City Manager: gv 1 AN ORDINANCE TO TRANSFER $250,000 TO CAPITAL 2 PROJECT # 100574, "COURTS TECHNOLOGY SYSTEM 3 SUSTAINMENT" TO REPLACE THE COURTS PAGING 4 SYSTEM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $250,000 is hereby transferred from the FY 2021-22 General Fund Regular Reserve 10 for Contingencies to Capital Project# 100574, "Courts Technology System Sustainment," 11 to replace the paging system in the Courts Building. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2021 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: 1:Uttba ----- Budget and Management Services ity s ffice CA15569 R-1 October 26, 2021 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100574 !Title:Courts Technology System Sustainment !Status:Approved Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 1,150,000 - 1,150,000 - - - - Description and Scope This project will fund critical objectives of the Public Safety and Criminal Justice agencies,as well as keep the appropriate technologies in place and viable to support the current and future needs of courtroom and court case operations.The sustainment will allow IT to respond in a more agile manner to requests instead of having to address each separate funding request,find a funding source and risk missing the windows for funding opportunities.The project will also enable IT to look at work being requested,consider their integration and impact on other solutions,conduct resource planning,ensure proper vendor management,and mitigate City risk associated early in the process. Purpose and Need The goal of this project is to address the immediate and future technology needs of the Courts as a comprehensive program instead of uncoordinated, separate business requests.This funding will also be available to support changes that require additional technology solutions resulting from any State or Federal mandated legislation that could have an impact on Court environment.The Courts have a legacy technology infrastructure,some of which has not been upgraded since the building was built in 1994. History and Current Status This project first appeared in the FY 2021-22 CIP. Operating Budget Impact Comments FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - 14,410 14,781 15,171 15,580 16,009 Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/21-06/27 1,150,000 Total Budgetary Cost Estimate: 1,150,000 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 1,150,000 Total Funding: 1,150,000 Fiscal Year 2021-2022 146 Capital Projects rrS�i►Tti,''C. � tsl CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer $150,000 to Capital Project # 100076, "Accela Sustainment," to Enhance the Accela System MEETING DATE: November 9, 2021 • Background: The Accela Platform is a software system sold by Accela and used by the City for land management activities by the Planning and Community Development and Housing and Neighborhood Preservation departments. Management of the system requires regular upgrades and includes the addition of new features. A backlog of work estimated at over 700 hours could update and improve how the system is used by the public and by City staff. Accela reviewed a list of prioritized system change requests made by those City departments, the Department of Information Technology, and the Real Estate Assessor's Office, and it provided an estimate and statement of work to complete the updates within six months. This work will also support the new VBStat initiative, allow the City to be more responsive to residents, and improve monitoring of right-of-way work. In additional to general process improvements, specific changes include: • Utility permit process update; • Automated City agency routing for plan review submittals and resubmittals; • Adding the requirement for additional contact information from applicants, including when a licensed professional is added; • Auto scheduling of inspections 30 days from Temporary Certificate of Occupancy issuance and 6 months for utility permits; • Auto inspection tasks for utility permits due to expire; • Adding zoning workflow to electrical and gas permits; • Auto generation of annual stormwater maintenance fee letters for open construction general permits; and • Automated batch job emails for the Real Estate Assessor. • Considerations: The existing capital project # 100076, "Accela Sustainment" does not have funding available to cover enhancement costs. The project was established to pay for a portion of the Cloud license and system maintenance that was not otherwise provided for within departmental operating budgets. In order to complete the proposed work, the capital project requires an additional $150,000. Funds can be provided from vacancy savings that have accrued since the start of the year in the budgets of Department of Planning and Community Development and Information Technology Department, with an equal portion provided by each. • Public Information: Normal City Council agenda process • Attachments: Ordinance, CIP Detail Page Recommended Action: Approval Submitting Departments/Agency: Information Technology and Planning and Community Development City Manager:MO 1 AN ORDINANCE TO TRANSFER $150,000 TO CAPITAL 2 PROJECT # 100076, "ACCELA SUSTAINMENT," TO 3 ENHANCE THE ACCELA SYSTEM 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1) $75,000 is hereby transferred from the FY 2021-22 Department of Planning 8 and Community Development Operating Budget to Capital Project # 100076, "Accela 9 Sustainment," for Accela upgrades. 10 11 2) $75,000 is hereby transferred from the FY 2021-22 Department of Information 12 Technology Operating Budget to Capital Project # 100076, "Accela Sustainment," for 13 Accela upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services s Office CA 15567 R-1 October 25, 2021 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100076 f Title:Accela Sustainment 'Status:Approved Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology .istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 3,846,532 846,532 450,000 525,000 525,000 500,000 500,000 500,000 Description and Scope City Planning,Permits and Inspections,and Housing and Neighborhood Preservation use Accela Land Management as their primary system to complete daily activities that involve the acceptance and processing of plans,permits,and code enforcement cases.The purpose of this project is to build and maintain a sustainment model while incorporating Accela as an enterprise application with a sustainable funding source;this will require additional support from Accela and third-party resources for assistance with upgrades and migrations.The second part of this request is to acquire additional Accela modules and services.Through the application performance management(APM)modernization initiative,departments can capitalize on the opportunity to streamline existing City services through newly acquired Accela modules and services such as legislative management,citizen relationship management,asset management,and cloud. Purpose and Need This project is intended to assist the organization with migrating Accela services to the cloud and to assist with Cloud service and licensing payments moving forward. The City negotiated a multi-year contract which was executed with Accela in December of 2019.Legislative Management would enable City Planning to document and record 5 meetings(City Council,Planning Commission,Board of Zoning Appeals,Chesapeake Bay Preservation Area Board,and Wetlands Board).Additional modules and cloud features would allow this enterprise application to be fully utilized throughout the entire City. History and Current Status This project first appeared in the FY 2018-19 CIP.In FY 2020-21,this project was transferring$200,000 in appropriations to date to CIP 100105 Maintain and Secure Corporate Data. Operating Budget Impact Comments FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/18-06/27 3,846,532 Total Budgetary Cost Estimate: 3,846,532 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 3,846,532 Total Funding: 3,846,532 Fiscal Year 2021-2022 141 Capital Projects L. PLANNING 1. VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB,LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE (Deferred from October 19, 2021) RECOMMENDATION: APPROVAL 2. SCHAFFER CONSTRUCTION/JOE P. COVINGTON, JR.,JANET R. COVINGTON, B HARRISON JAMES, III, KAREN BONNEY FLEMING & JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newton Road& 5790 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH DISTILLING LLC/OCEANA CROSSINGS,LLC for a Conditional Use Permit re craft distillery at 1375 Oceana Boulevard, Unit 142 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. SUE W. KENT for Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit D DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 5. PETER YORDANOV POPOV for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL ,Sas'bD �. � S . DpsoF�e`r NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,November 9,2021 at 6:00 p.m.hi the Council Chamber at City Hall,Building 1,2^d 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: L Register for the WebEx at Mtn,'llvhPnv wPh*Y Mini/vhPllvl oust a&if iY t ?MTlfl=Par7f'7Q>;454aRhS4P t t:gr1,146 v la'" 2. Register with the City Clerk's Office by calling 757- 3854303 prior to 5:00 p.m. on November 9, 2021. The following requests are scheduled to be heard: Schaffer Construction(Applicant)Joe P.Covington,Jr., Janet R.Covington and B.Harrison James,Ill&Karen Bonney Fleming & Julie Bonney Crockett (Property Owners) Conditional Use Permit (Automobile Service Station)Addresses:152 Newtown Road,5790 Prinrwcs Anne Road GPIN(s): 1457948279 & 1457947361 Council District Kempsvllie Virginia Beach Distilling, LLC (Applicant) Oceans Crossings,LLC(Property Owner)Conditional Use Permit (Craft Distillery)Address:1375 Oceans Boulevard,Unit 142 GPIN(s):2415489273 Council District Beach Sue W.Kent(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:901 Pacific Avenue, Unit D GPIN(s): 24272444110955 Council Disbk.L Beach Peter Yordanov Popov (Applicant & Property Owner) Conditional Use Permit(Short Term Rental)Address: 927 Pacific Avenue,Unit A GPIN(s):24272444111150 Council District Beach 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 757-3854303.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/depa rtments/city- clerk/citycouncil for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-OCTOBER 24&31,2021-1 TIME EACH 089`Z 0S 6`Z 0ZL`l- 06Z`6 098 0£tS I.Z 0 took=111111= IIIIIIIII =MUM — 6umun8 6uiuo7 S lied ssauisn8 6uipuel aleaodaoo to uoilaod Suo6A,od Apodoid 1�. m Apioyunv 4uewdoIanaa yaea8 eiui6ain u 4 0 - :' f, '% 0 � l ' 'JL�y� � � T�^`� .'tG�•. v.:T.��0 O `ia• �i \��y, . \a . _ p 61 _ • � 1.1 :��j`r . 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'-* 0 +. . , (nu/ ,,, / , . eL, ha ,,,,, .ty oN°4051116°'. ;._ •y 1 .. z;I v fi, Zr 3 /�-I © .. , .../ ---aga 4 ' "1:-.77' : i i f---_.Q) 4.1 -4'.41.• . VI Z./..r341(1..1 . 4 O. . < a :H• d 1t : .cp•No SA` �Z8 Z8�� � :7: i.--• , , / 1 0� ••� y ;y' ! • , O ` a C � ,•• �• 5t21 bJti u s 1.Had / \A\k,,,,,et\i„,,_,4 .,cisii'-2,zei -0- .;:,..,.:4.i71...t14.14- i° : ,.'::/ \ ' 4 1.0 4 1::1 'N'\\ °411i , ,i,,0 Or.,Eig ,,:l. P b • C 4.+ '��.j Z8 Z f- °•� 8 �4 ; i / (J _ p�j ���� 1 rocrAttz,, cUr ii c E. t=z ,�1' r �-L CITY OF VIRGINIA BEACH AGENDA ITEM J 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: November 9, 2021 • Background: This request was deferred by the City Council on October 19 in order for the setbacks adjacent to residential neighborhoods and General Booth Boulevard to be revised back to 75 feet in the Proffers and Design Criteria. Prior, this item was deferred on September 21, 2021 and September 7, 2021 in order for the applicant to provide additional notification and information to the adjacent property owners regarding the details of 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. The applicant sent letters to 167 neighboring properties within 500 feet from the parcels associated with this request. 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 provide guidance on, 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 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 Virginia Beach Development Authority Page 2 of 3 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. • 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 If the design criteria update is not adopted, opportunities to grow and diversify the local economy could be missed by the current 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. Opposition was present at the October 19, 2021 public hearing. Two speakers voiced concerns related to increased traffic in the area, the potential for additional disruptive noise, and removal of existing trees within Corporate Landing Business Park. Along with the Adjacent Property Owner notifications required by law, Staff mailed 167 letters to individual property owners that according to City records own property within 500 feet of the areas of the park where updates to the Design Guidelines are proposed. • 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 — October 2021 Detailed List of Changes Location Map Proffer Agreement Virginia Beach Development Authority Page 3 of 3 Minutes of Planning Commission Hearing Existing Corporate Landing Design Criteria — 1998 Notice Letter from VBDA to Adjacent Residences of the Park Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department p City Manager: w Applicant Virginia Beach Development Authority Agenda Item Property owners Virginia Beach Development Authority & "Il FROB, LLC city oj Planning Commission Public Hearing August 11, 2021 8 Virginia Beach city Council Election District Princess Anne Request Modification of Proffers (Update to the Design Criteria) t. tW" ' Road Staff Recommendation �4116.IF Approval - Staff Planner Hoa N. Dao ©Darn Neck Road Location n Portion of Corporate Landing Business Park (-, a.7.1 GPINs L, e 2415122650, 2415040770, 2415146859, c Q .c °�J 2415259170, 2415227788 '°'cone y ' ,° 0°�� Site Size s.4, `4,,, y as k Approximately 189 acres /, `4; AICUZ J "'e 4x 4.1. S�� 70-75 dB DNL, Greater than 75 dB DNL .� �� Y4°4, p��"e Watershed 1, i _v- `r\1 I)V/ */, rf—' '�' Southern Rivers Existing Land Use and Zoning District Office-warehouse,vacant parcels in Corporate Landing Business Park/ B-2 Community - , m- Business, I-1 Light Industrial lit?I Surrounding Land Uses and Zoning Districts — '-' 0, ' ,: ", , . - North ti Dam Neck Road _ '- ,�`_ �, • Public schools /AG-1 Agricultural ,., , '' ;� - `x :...---1„ *' South <> f a i :P General Booth Boulevard ► W 4r .'t }ti / 'q • ,,- Single-family dwellings, offices, mixed retail / R- Ma9-R ' , - i 7.5 & R-10 Residential, 0-2 Office, B-2 • " � >�'''. l `. - o i. C i �e i Community Business 4. , C, <` F �, -� yam° East � 'a_° ` � ��e Single-family dwellings, cultivated field/R-5D • k ,; ;; % a f, ° , Residential, AG-1 Agricultural West ,. i,M_ :4,' _,, ° `,. ' ti" ., ._ 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. - 'Sri , . f, :cr J Zoning History 7;f ` „ "C # Request .� ; ^• 1 CRZ(Conditional B-2 to Conditional I-1)Approved " ® . s'e ,—'. <, ' ,? 03/19/2019 �` �•�j/�}Gs, MOD(Proffers)Approved 06/25/1996 '/ (°% Lo; ,t MOD(Proffers)Approved 11/09/1993 40to � ,,,,,!/404. ,I; , i i. .;•:, MOD(Proffers)Approved 08/14/1989 74ilt j ',b�%i�/",` r yi ``� CRZ AG-1&AG-2 to Conditional 1-1 Approved *.4 �� i 44,, E': , 06/13/1988 %�/�;`r•, :` ,� `-c 2 CUP(Fiber Optics Transmission Facility)Approved * /�� 'i-- P Y PP S - 'g • �/ ' / �e~ !; 3 MOD(Proffers)Approved 03/17/2015 i •: .. p 4 MOD(Proffers)Approved 09/14/2004 •-a, CRZ(AG-2 to Conditional B-2)Approved 01/25/1994 -_ e 5 CRZ(I-1 to Conditional B-2)Approved 11/09/1993 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The request to 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 1-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 75 ft. c) Adjacent to General Booth Blvd. 75 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 October 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA,grading,drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments:The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Virginia Beach Development Authority Agenda Item 8 Page 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers,within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein,the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical,financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers,freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling,warehousing,storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. Virginia Beach Development Authority Agenda Item 8 Page 6 MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical,financial, nonprofit, professional,and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses(no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools,colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries,confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios,offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii)a minimum of three(3)off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists,gift shops and stationery stores. 10. Service and repair services for business machines,sign shops and other small service businesses. 11. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000)square feet. Virginia Beach Development Authority Agenda Item 8 Page 7 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances,except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments,other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed,air- conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area,width,yard spacing,floor area ration,and coverage: R& D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage(excluding outside plaza and gathering 75% 60% 75% areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets(excluding access drives& parking 25' 25' 25' lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Virginia Beach Development Authority Agenda Item 8 Page 8 Minimum Yard Setback Adjacent to Side Property Lines (excluding common drive 15' 15' 15' aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots& Buildings (excluding sidewalks) 20' 20' 0' 4.The maximum building height for the various use classifications located within the property are as follows. A. R&D:35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300'of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2:35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements:The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift,whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however,such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum) Virginia Beach Development Authority Agenda Item 8 Page 9 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6.The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones,accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021 and August 1, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 26,2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 5,2021. Virginia Beach Development Authority Agenda Item 8 Page 10 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 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 October 25,2021. • 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 November 5, 2021. Virginia Beach Development Authority Agenda Item 8 Page 11 Site Photos ; . • - �,:�. Y • • - p l` hJ� iwr•+�� - 4 .1i.�N •{, _ NY' �F-..fig ~ •, ._ "•�} i.f- • a� +... - ' .� � tip : �� .'f': wL t'Z. r -7k T ta'S� a.�n� '•ram ��'VK{.� '!{v5 . } , _sic � ac — r x-` -'4.f• , t rl �'?'lk• 1 ww.yt`�} -T�j`s.. .- v^', • • 1. SIY . i' --:'iYA. 3rS J� i 3ex;.A!k.[ {}a�3'il .vItl. .+wIR'13.c .t34 .. • Virginia Beach Development Authority Agenda Item 8 Page 12 Updated Design Criteria ry •i ' . kkl CORPORATE LANDING - BUSINESS S ll y I-( ,z i 1 PARK , . l ''• t 4 . • . 1- _ • _`�6 `may i,+: %41 ( y 1IL CORPORATE LANDING BUSINESS PARK ....„ DESIGN CRITERIA ..„.. OCTOBER 2021 � VIRGINIA BEACH ' Virginia Beach Development Authority Agenda Item 8 Page 13 Updated Design Criteria l 4 t styes • ,I -Oa ._ . V .0r4pf di , if F 1.1(1110 411P!"1"141.' . 1k- r I' �-" On April 24, 1990, City of Virginia Beach Economic Development Director Andy Burke, Mayor Meyera Oberndorf and Virginia Beach Development Authority Chairman Van Cunningham turned the first shovels of dirt,officially signaling the beginning of the development at Corporate Landing. T- 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 ARTIC LEV:REVIEW BY THE VBDA 19 1.5 IMPROVEMENTS PROVIDED BY THE VBDA 5.1 INIRODUCIION 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 REQUIREMEN1S 5.6 BASIS OF APPROVAL 2.6 LOADING AND REFUSE 5.7 REVIEW COMMITTEE 2.7 EXTERIOR STORAGE 5.8 REVIEW TIME 2.8 FENCING 5.9 PUBLIC APPROVALS 2.9 UTILITIES 2.10 NON-MOTORIZED CIRCULATION 2.11 PLANTING 2.12 LIGHTING ARTICLE III:BUILDING CRITERIA 15 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS Virginia Beach Development Authority Agenda Item 8 Page 15 Updated Design Criteria Figure 1.1-Corporate Landing Business Park 799, ya Z y tsea '` ye.. r r r_= Y ['/ 1 ,. t �y y- J. '''N. /. r ' ', fir` e •. 'e.I f _f. / �' s t 4-'I'''. ,,eetta�,, • �3 .✓� Z. 4' A. 1 s* :II ., t z `"' ; .A. , - te• a 4. A— Of � ".': '' 7' ` '4 Figure 12-Corporate Landing Business Pork 2008 rtp _.:$., r - -1 , . -- �„J"i , � ,��", ,tom w 1 ! „, '4'r , ' '0.., ''- ''', ",,„.. ., „,... . ,, •, ,,,,,, ..\\•tft p�, i v r 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 Authority (VBDA) to continue to encourage the Corporate Landing Business Park (the Park) was construction of attractive quality environs through the established in 1990 as a planned multi-faceted business 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 `�j'�; _` established to support ultra-high speed transatlantic - - '` t _ .ate , - fiber optic telecommunication cables.The cable landing -- -- station in Corporate Landing provides high capacity, reliable connectivity options to carriers, data centers _ and collocation 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" setting. Minor modifications have been made to the design criteria on several occasions over the past thirty - years but have never been substantially updated. This Figure 1.4-GEICO Regional Headquarters update is needed to: A. Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities B. Reduce redundancy and better align the document - with current codes and requirements u-.X C. Consolidate multiple subsequent amendments into rt tt.:ilfi :c 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 Virginia Beach Development Authority Agenda Item 8 Page 17 Updated Design Criteria 1.3 BUSINESS PARK MAP Available property in the Park is rated Tier VI shovel ready by the Virginia Economic Development Partnership. Dam Neck Road _. r , - c s _.. Ptr i et`er .rrwa t,�` ° •�� P 7t Legend o Business Park Limits ti `-'f VBDA Owned Property ‘, Croft Lone Lake/Stormwater Pond +," , Wetlands / E Future Stormwater Pond 7� R} �° Cb/veitn k\c l ,�P/ Opt os`r ego 3 a 4 °�aO'7B. A4°c �sr ° 'P oe s �OOv �Di r e Source Nearmap. ` .....et 0—._. 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 a 75-foot stripof Business Park is zoned 1-1 Light Industrial District and land for a future landscape screen.Property owners one property is zoned B-2 Community Business District within the park shall be responsible for maintaining per the Virginia Beach Zoning Ordinance as amended. the landscape screen entire length of property. Maintenance shall consist of mowing, weeding, The allowable uses in I-1 and B-2 zoning are permitted fertilizing and watering of all trees, shrubs and in the Park. Uses requiring a Conditional Use Permit lawn area to maintain healthy plant life. shall seek approval from City Council. The Virginia Beach Development Authority (VBDA), maintains the right to approve the property's use. 1.5 IMPROVEMENTS PROVIDED BY THE VBDA The Corporate Landing Business Park offers the following site improvements provided by Virginia Beach " `4 Development Authority: `,. t� , f j'• -• _� A. Shovel Ready: Available Park properties are rated 1 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 ,' Lit PARK (16)4"conduits which include(3) 1.25"innerducts I located in each conduit. — — ' C. Data Center Certified:The Park is Dominion Energy- certified for data centers. "� D. Roadways: Perimeter Parkway, Craft Lane and Corporate Landing Parkway. Figure 1.6-Corporate Landing Park Entrance Sign E. Utilities: Water, electricity, sanitary sewer and conduit shall be provided to within the right-of- way or within an easement adjacent to the right of way.Connections to these major lines will be the responsibility of the site purchaser. .' " F. Signs:The VBDA provides entry signs for the Park • and all signage within the public rights-of-ways. G. Landscaping:Landscaping of the common areas at the park's entrances with irrigation are provided. / brats > - 't H. Residential Screening: The Development Authority will provide appropriate plantings in the 75-foot setbacks required adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7-Existing Laroscape.xrcen or:Darr 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 • • +r • _itt,,,tt ''.:''.- . Z� Ae. j; a •8� ii* ft AN O V . _ ! , )` _ / 3 o/% t Figure 1.8-Existing Conauit Route in the Park The Park offers 2.1 miles of conduit system consisting of 2 x 8(16) 4" conduits which include(3) 1.25" innerducts located in each conduit. —II— Virginia Beach Development Authority Agenda Item 8 Page 20 Updated Design Criteria ARTICLE II: SITE CRITERIA 2.1 APPLICABLE CODES B. The utilization of best land management and A. Development of VBDA owned property within the stormwater management practices shall Corporate Landing is governed by the following be incorporated into the master drainage plan requirements and restrictions of but not limited to: for Corporate Landing and each individual site drainage plans per the applicable codes. 1. The recorded Zoning Proffers of the VBDA 2. The City of Virginia Beach Public Works Design 2.4 PARKING SETBACKS Standards Manual, as amended The following chart lists the minimum parking lot 3. The Cityof Virginia Beach Zoning and Subdivision setback requirements in the Corporate Landing ordinances, as amended Business Park. Minimum Parking Lot Setback Requirements B. It is the responsibility of the individual site Adjacent to Residential developer to verify and conform with all Neighborhoods 75 Feet requirements of governing agencies and obtain General Booth Boulevard 75 Feet and maintain all necessary permits during the development of the property. Dam Neck Road 50 Feet Corporate Landing Parkway 25 Feet Other Public Streets 20 Feet 2.2 SETBACKS AND COVERAGE Side&Rear Property Line 15 Feet The following chart lists the site requirements,beyond Between Parking Lots and those required for 11 and B2 zoning,for minimum lot Buildings(excluding sidewalks) to Feet area,building setbacks,and coverage for the Corporate Landing Business Park. 2.5 PARKING REQUIREMENTS Site Requirements A. Off-street parking requirements must conform to Minimum Lot Area 1.0 Acre Section 203 of the Zoning Ordinance as amended. Minimum Building Setback Adjacent to Residential 75 Feet B. The City's parking requirements shall not relieve Neighborhoods the site owner or lessor of the responsibility of Minimum Building Setback providing ample on-site parking for actual user General Booth Boulevard 75 Feet demands. Parking on access roads and dedicated Minimum Building Setback streets shall be prohibited. Dam Neck Road 50 Feet C. Parking lot landscape standards shall conform Maximum Building and Paved 65% to the City of Virginia Beach Landscape Guide as Area Coverage amended. 2.3 GRADING AND DRAINAGE 2.6 LOADING AND REFUSE A. The site grading of each individual building site All loading docks and dumpster areas that are visible shall be done in a manner complimentary and from the lake area or street right-of-ways shall be compatible with the adjacent sites. screened with a wall a minimum of 8'tall that matches the materials used on the building. Dumpsters shall Virginia Beach Development Authority Agenda Item 8 Page 21 Updated Design Criteria also be gated. The appearance of the screen wall shall also be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval,see figures 2.2 and 2.3. fis 2.7 EXTERIOR STORAGE Except for permanent facility construction, exterior storage is not permitted in the Corporate Landing 'ram Business Park. Construction facilities and materials , shall not be permitted within the front yards and when 9 j.-' located in rear yards, shall be removed immediately upon completion of the permanent facility. Figure 2.1-Ex:>r ng building and parking in the Pork 2.8 FENCING A. Fencing beyond screening is not permitted in the Park except for where it is necessary to the physical security of certain facilities or necessary to funnel visitors to designated entry points. B. Fencing should be limited to side and rear yards ,', and coupled with planting.When fencing fronts any A 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. Durable,high quality materials are required for the Figure 2.2-Existing loading area screen in the Park fencing that compliment the building materials. C. VBDA shall approve all proposed fences for material, color,location,coupled plantings and overall impact. .'� �.' 'k• r 2.9 UTILITIES = ' A. All utility connections, including all electrical and fiber connections and installations of wires to buildings shall be made underground from the nearest available power source. During installation there shall be no open cuts in any street at any time.No electric meter,gas meter or other meters of any type or other apparatus shall be located on any power pole nor hung on the outside of any building, but shall be placed at grade or within the building served. If placed at grade outside Figure 2.3-Existing dumpster screen in the Park the building such devices shall be screened with evergreen plants. Virginia Beach Development Authority Agenda Item 8 Page 22 Updated Design Criteria B. All site utilities such as transformers, meters, cooling towers and heat pumps shall be screened in their entirety with evergreen shrubs. Minimum � ' height of shrubs at installation shall be 3'to 4'with ' • :i IDG. • + spacing not to exceed 3'on center,see figures 2.4 r ; and 2.5. i • • ir:in i►a , .•o-..��►._= it ,�► ►� . ��D�11�1T1,Q1 ; . . 2.10 NON-MOTORIZED CIRCULATION " '.�� '' ' '1iPhrai��i=r4 -• Each developer or owner of a site shall construct public t.>� IllI .I �!�r• " i �►,:'..:, , AF sidewalks and trails that pass through their property TR ��•• . l� II��i►; 3•MrSUtp IORMER wlrH or properties per Figure 2.6 the Non-Motorized • � :• .•. '•: •'•- > 501L SEPARATOR Circulation Master Plan. • • • ' " •• " f' EVERGREEN SHRUB MASS AS REOURED BY THE UTILITY CO. Figure 24-Example transformer screening plan FTRANSFORMER 10'MIN. / &Rnn, .v tiN,r. EVERGREEN SHRUB MASSING 3'TO 4'HEIGHT AT INSTALLATION Figure 2.5-Example transformer screening elevation Virginia Beach Development Authority Agenda Item 8 Page 23 Updated Design Criteria Figure 2.6 Non-Motorized Circulation Master Plon Dorn Neck Rood 1, i L tr A. ` 5 _ , '''''':--Ne_ /' it'K' ' ' 4 - . ' t , . ;� o Ion - ..,<„�<.,.�, Each developer or owner o1 a site o shall construct public sidewalks p and trails that pass through thee property or properties per thei`f • ' Non-Motorized Circulation Master 4111/ Plan and in accordance with City of Craft La. Virginia Beach Standards. '' 0 Centro(Plow Dnm t 4 (Future) O ao ep 41 9P"P "'boo, =wr a Nearrnap TLegend IMIEN 0 800 Feet V I� ——— Existing Multi-Use Paths -V I10 - Future Multi-Use Paths �r VBDA Owned Property Virginia Beach Development Authority Agenda Item 8 Page 24 Updated Design Criteria 2.11 PLANTING SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped t r ►` � Ir..environment. This emphasis will provide an 4j ' �..� ye ti overall visual continuitythrow hout the and A '� Tr �F �q� g park "AM* I%A. �A*�- -z. will serve as a backdrop for the development of lir 'r4, ., each individual site. During the individual site � �► ,. . t t.development stage, the landscape architect : 4 *Me �4 shall give careful consideration and analysis to art I; MI ���� ,.� respond to surroundingsite components such t I`\'' ( } �► I as psite context,open space,landmarks,views and �C� �� \'��/ 9P.; vistas, streetscapes and the protection of existing I �j�� topv 41•vegetation. `� �r)` __ 11ilk B. In addition to adherence to the City of Virginia ie ��� ����' �2�� a Beach Landscape Ordinance for plant species, t ���s Erb► �i�)l }parking lot and foundation landscaping, screening '4.r. %,♦ i:�w� / VI!� •.• 1....:eirli 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 SHRUD walls and 5' outside of all paved areas. The MASSING TO CURD building developer shall identify, "flag", and �..;� .�0%.•.. barricade up to the tree dripline such stands - l;` ��� �.',�� a\ prior to site clearing or grading operations. 'I s i•..rri 4t) G��i Storage of materials or equipment shall —Iu__4rnv i;1k71—� .r_ not be allowed within these barriers during g�„�•'ficonstruction and barriers shall not be removed 1111411 �.irE .if��� until finish grading of sites has been completed. ��L,,�'�P .its All City of Virginia Beach and State of Virginia �� � ��P;� Tree Protection Notes are applicable and shall AP v.i''`to � be enforced. \ +�►I �!1 k •iqr. 2. Sod rather than seeding is required within 50' �`�;�• , �sei,` „ of all buildings; all adjoining roads shall have 1�S'� +�fir ,r1 ►.- sod along the entire property line from the road Or' +i' i,►E._� edge to the parking lot edge. The minimum elliN-4,PIA: 1:►,'��r,'44 f,',d width of sod along road edges where there is .w: . �1D•.4 pi,• no parking lot shall be 30'.All other lawn areas -CONTINUOUS EVERGREEN HEDGE 30"HT not receiving sod may be seeded. SPACED 3'ON CENTER AT INSTALLATION Figure 2.8-Example Entry Dave Planting Plan Note: The landscape architect shall respond to all visibility triangle requirements for intersections. —II— 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 S. All plant material,topsoil,mulch,fertilizers,etc. in parking lots shall be a minimum 0.5 foot shall be subject to VBDA approval. Rejected candles. Light spillage onto adjacent properties materials shall be removed from the site. and the right of way shall be minimized. 6. Street trees shall be placed along all roadways, E. Accent lighting of buildings, landscaping and within the right of way,which properties abut signage is encouraged. or adjoin.One tree shall be provided for every F. All lighting adjacent to residential areas will 35' of property line that adjoins or abuts the be placed in such a way to prevent glare or roadway. If applicable, existing street trees on overflow lighting into these areas. adjoining properties shall be located and shown G. Point-by-point photometric calculations with a on all landscape planting plans.The spacing of summary statistics table shall be submitted for all new required street trees shall tie into all project sites.Calculations shall include fixture existing trees, maintaining a maximum spacing schedules or details indicating all aesthetic, of 35' on center. electrical, and luminous characteristics of the 7. Shade trees and/or flowering trees shall be proposed lighting systems. provided in front of the buildings as approved by VBDA. 8. Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which - they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. 2.12 LIGHTING • Corporate Landing Business Park has a uniform lighting system for exterior lighting. Fixtures and poles shall be approved by the VBDA. The following lighting 42, 17. " _ requirements apply: A. Parking light fixtures shall be a maximum height ' of 30'. B. Low bollard fixtures or landscape lighting is I t-7 - recommended for walks and building entries. a � . C. The use of full cut-off fixtures for general , — IA �t illumination is required. Designs to meet Dark Sky compliance are encouraged. Building - - "� -, mounted floods will not be permitted, except Figure 2.9 Standard Pork Licht in completely internalized service courts. In 1111 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 structural or architectural bays, recessed A. Buildings within Corporate Landing are governed by windows or doors,material or material module the following requirements and restrictions but not 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 COLORS 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 Landingoffersthe highest qualityof design little or no maintenance. Colors, materials, and and creativity in the Park's building construction. finishes areto 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. "x 1■ ' _ Figure 3.1-Light Industrial Building in Loveland CO Figure 33-Existing Corporate Landing business with accent Large building with varying horizontal and vertical elements, colors and enhanced main entry unifying materials and enhanced facade articulation at the main entry. Image Source:Danny Dodge ..011114111101.0r- - mink 11111E 'i ' , Figure 3.2-Warehouse/Assembly Building in Toccoa,GA Figure 3.4-Side and rear face continuity of existing multistory Multiple complimentary materials and architectural accents are Corporate Landing office building required for the front face(s)and main entry of large facilities Image Source Kirby Building Systems,LLC 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 1. Sign elevation, shall be obtained from the VBDA. 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. St- Virginia Beach Development Authority Agenda Item 8 Page 29 Updated Design Criteria ---___ r r 1 , I 1 j;..1.1.1.67-----/ ' r ---- --- -1-'�'--25X, CLEAR MN. v I I-I —501, COPY AREA MAX. L- --- ---- --- J-4+f25% CLEAR N. . , . T T -1-u--- 17- --- - T I i- I T—� i I II - - _.. - _ Figure 4.1-Single Tenant Sign On A Building The above drawing is an example illustration of the placement of a single tenant name. NOTES: r.p L 1)Front and back of plywood sign face and wood to be painted. 2►Signs can be rotated as desired. rBUIDNG NAME .4.ro - . __ --- 3/4"T PLaTAOD �---- LOGO,ETC. UDE O! COPY ARFA\y r•v MAX. I. 'c-1-11 ? DEVELOPERS ce NAME,LOGO,ETC. O 9 ccARCNTECT b REALTORS NAME LL LANDSCAPE ARCHTECT LOGO,ETC = CONSULTING ENGINEER y a GENERAL CONTRACTOR .4 MAJOR TENANTS t FNANCIAL INSTITUTION L. J t_ -jCrrTn. o }-L f� b ,�LT-I L4"X 4"'MUTED MOOD POST. L _ —4"TREATED MOOD SLATS PCOTLC AS MEM=-TYPICAL B JALU SPA®To Gno1lD TEMPORARY SIGN REALTOR SIGN Figure 4.2-Temporary and Reaitor Signage m 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 or with color samples of buildings,enclosures, paving,grading, drainage, or any other permanent improvements on any L. Perspective rendering site,the owner, lessee 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 5.3 SUBMITTAL REQUIREMENTS the roof. O. Preliminary review shall be concerned with A. Three (3) complete sets of plans shall be building materials, colors and finishes, submitted for each review. Three (3) sets shall architectural treatment and rooflines. be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: Virginia Beach Development Authority Agenda Item 8 Page 31 Updated Design Criteria 5.5 CONSTRUCTION DOCUMENTS FOR FINAL D. After approval of the contract documents by the REVIEW VBDA, any change in exterior materials or exterior colors during construction, shall be approved A. The following completed construction document by the VBDA prior to ordering of materials. material shall be submitted for final review: 1. Building construction drawings indicating 5.7 REVIEW COMMITTEE all exterior finishes, colors and proposed screening of roof-top equipment. Actual size The Review Committee shall be composed of the of equipment shall be indicated behind screen. VBDA's Department of Economic Development arm; The previously submitted colored elevations the VBDA's architectural, engineering, and landscape and the exterior building material sample board architectural consultants,which herein afterward shall which were submitted for preliminary review be referred to as"the Staff." shall be resubmitted again with the construction A. Staff shall be entitledto approve minor variations drawings. to those portions of the Design Criteria not 2. Full civil site plan and utility packages, at a encompassed by the zoning proffers of record minimum scale of 1"=25'-0". affecting the property. 3. Full landscape design package, at a minimum B. The VBDA shall receive comments and scale of 1"-25'-0". recommendations from the Staff as to whether 4. Full site lighting, signage and any loading area the plans submitted should be approved or and trash collection area construction details. rejected. B. Approval of plans must be given by the VBDA prior C. When questions of judgment or interpretation arise, the decision of the VBDA is final and to commencement of any construction. binding on all parties. D. Any revisions, additions, or alterations to any 5.6 BASIS OF APPROVAL portion of approved plans shall be subject to A. Review and approval will be based on standards set review and approval. forth in the Declaration and the Design Criteria. E. Neither Corporate Landing or the VBDA or Plans will be reviewed not only for the quality its successors or assigns shall be liable in of the specific proposal, but also the project's damages to anyone submitting plans to them effect and impact on its neighbors and on the for approval, or to any owner or occupant general park character. Evaluation will be made of of land affected by this Declaration, by spatial relationships among and between buildings reason of mistaken judgment negligence or and other surrounding elements.Careful concern misfeasance arising out of or in connection will be given to location and treatment of utility with the approval or disapproval or failure and service facilities with the intent of minimizing to approve any such plans. Every person, detrimental visual and environmental impact. corporation, partnership,or organization who B. Site ingress and egress shall be reviewed for efficient submits plans to the VBDA or Declarator for flow of traffic within the site and on abutting streets. approval agrees, by the submission of such C. If plans and specifications are not sufficiently plans, and every owner or occupant of any of 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 design will begood for a one(1) it will not bring any action, proceeding or suit g year period,after against the VBDA or Declarator to recover any which time, if construction has not started the such damages. building developer will be required to resubmit. Virginia Beach Development Authority Agenda Item 8 Page 32 Updated Design Criteria 5.8 REVIEW TIME The VBDA shall receive proposals for review, a minimum of fourteen (14) days prior to the second Tuesday of each month.The review comments shall be available from the VBDA office within two weeks of that second Tuesday. 5.9 PUBLIC APPROVALS A. The Applicant is responsible for complying with all applicable requirements of public agencies in the development of site(s) within Corporate Landing and shall make separate submittals to City of Virginia Beach review agencies.The Applicant may make concurrent submittals to both the VBDA and the City. B. Although based on local zoning and subdivision regulations, the Corporate Landing Design Criteria may be more restrictive in land use,site development standards, landscape requirements, or in other matters. In every case in which these criteria are at variance with public agency requirements,the more restrictive regulations shall govern. In the event of any inconsistency between the Deed and the Design Criteria, the provisions of the Deed shall control. C. The property owner is solely responsible for complying with all aspects of the Design Criteria, as well as all applicable codes and regulations. No variance from any aspect of the Design Criteria will be permitted unless approved in writing by the VBDA. If non-compliance to the Design Criteria is discovered during or after construction, it shall be the sole responsibility of the property owner to rectify all non-complying conditions at his or her expense to the satisfaction of the VBDA. Virginia Beach Development Authority Agenda Item 8 Page 33 Disclosure Statement Disclosure Statement Cuy of Virymou Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Beach Development Authority Does the applicant have a representative? I Yes 0 No • If yes,list the name of the representative. VHB,John D.Hines Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes IC No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary=or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) ="Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Virginia Beach Development Authority Agenda Item 8 Page 34 Disclosure Statement Disclosure Statement city of t uguw Bail Planning&Community Development _o • 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?E Yes It 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 I 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 In 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 IN 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?E Yes It No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes III NO • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 I Virginia Beach Development Authority Agenda Item 8 Page 35 Disclosure Statement Disclosure Statement Cry eJ4'Rw Dewy. 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 lrn No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. VHB,John. D. Hines 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑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. �(j �A Applicant Signature I_J sct u r ok Click if V;t C(V eect(Ar\ W kl i. .i.4eitif c if Print Name an TNIe t\�7lrt I aC-a ) Date Is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No dim noes es of Date 2021.10.27 signature Print dams Hoa N.Dao Wage Virginia Beach Development Authority Agenda Item 8 Page 36 Disclosure Statement Disclosure Statement s'r,,d i'"pix Day, -111111111111 - - . Iiii3 Planning&Community Deg elopmtxtt Filill Owner Disclosure f� Owner Name V 1;cn r11 CI l-R CT. ( J 4\1 O t)*I1/ke tt 1 1 P*)J J Lt a( r i 1 Applicant Name 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-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?0 Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? "'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business 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 Mii i Xr 01 v.vo ,N..d. 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 p No • I`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 IB.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 QI 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?t Yes ©No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes titNo • 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 ['li 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 0 No • If yes,identify the firm and individual providing the service. V k-A (: John D. Hines 61 f,t Virginia Beach Development Authority Agenda Item 8 Page 38 Disclosure Statement Disclosure StatementNi113 �. �■■ Planning&Community ��'�-� Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,Identify the firm and Individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ?Lcd --L Owner 1 PrintNisa 0,{U(t ii 1 CLilair} IW"qtvuftadI\ teJdco 1.4 Titlef-y -till t\?(i Date Revised 11.09.2020 7 I P a g c Virginia Beach Development Authority Agenda Item 8 Page 39 Disclosure Statement - • r DJ14 L 3 rva raL . = —K K = J a: • Owner Disclosure Owner Named J 4.L ApplicaratName 4013ilt 41011df01/ ,q,.10 FR,Nel) ce Is the Owner a corporation,partnership,line,business,trust or an unincorporated business?( 0 NO • If yes.list the names of at officers,di rectors,members,trustees,etc.below.(Attach a list if necessary) rildhcr! ZA, LLd AvfLe IrOrt,go iv • 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 Emploweq Does ar offidel or employee of the City of Virginia geash have an interest ht the subject lender any proposed devebprnent contingent on the subject public action?❑Yes Of No • if yes,what Ls the name of the offklal or employee and what Is the nature of the interest? a"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing mare 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 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 coralderec In determining the edstence of an affglated 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 Of assets;the business entities share the,ire or the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a dose working relationship between the entitles.'See State and Local Government Conlhtt of Interests Act,Va. Code S 2.2-3101. Re used 11.09.2O20 5 j P a g e Virginia Beach Development Authority Agenda Item 8 Page 40 Disclosure Statement • • Owner Services Disclosure 1. Does the Owner have any existing finandng(mortgage,deeds of trust,cross-collatesafiuHon,etc)or are they considering any finandne Inc nnectlon with the subject of the application or any business operating or to be operated on the property? ❑Yes H51 No • If yes,identify the fnandal institutions providing the service. 2. Does the Own r have a real estate broker/agent/reeltor for current and anticipated future sales of the subject 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 tax returns provide In connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If pas,identify the firm aid individual providing the service. 4. Does the Owner have services from an archhtect/landscape arddtert/land planner provided connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the form and individual providing the service. 5. Is there any other pending or proposed purchaser of the wbect property?❑Yes E No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a conftruttton contrac10 !n connection with the subject of the application or any business operating or to be operated on the property?❑Yes Hal No • If yes,Identify the company end Individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the appication or any business operating or to be operated CO the property?❑Yes N No • tf yes,Identify the firm and individual providing the service. Revised 21.09.1010 6IPage Virginia Beach Development Authority Agenda Item 8 Page 41 Disclosure Statement } pia ,i { 8. Is the Owner receiving legal services in connection with the subiect of the application or any business operating or to be operated on the property?❑Yes L1 No K yes,Identify the firm and individual providing legal the service. Owner Signature certify that all of the information contained ir,this Disclosure Statement Form is complete,true,and actuate.I understand that, upon receipt of notification that the application has been scheduled for pttlic hearing,I sun responsible for updating the Information provided herein two weeto prior to the meeting of Planning Commission,City Conndt,VBDA,CIPA,Wetlands board or any public body or committee to connection with this application. Owner Signature Xos tt R;cis O.cr~ /74P&A f,C, AY/S L.a v Print Name and Title Bete Revised 11.09 2020 7 I P a g e Virginia Beach Development Authority Agenda Item 8 Page 42 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Virginia Beach Development Authority Agenda Item 8 Page 43 Corporate Landing Business Park Design Criteria Update Detailed List of Changes 110.26.2021 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 VBDA to include 9-10 7-8 shovel ready designation,conduit systems, data center certification and new roadways. Eliminated rolling earthen berms from residential landscape setbacks. 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 Elimination of separate land use designations for the Park, 14-15 9 reduced building setback along Damn Neck Road from 100' to 50'.A landscape screen is still required within the setback areas. _ 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', 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 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. 1 Key exhibit and table comparisons. Corporate Landing 1990 Master Plan Corporate Landing 2021 Business Park Map . A o _�: >i" _ 1 pa` ,� nay rr.-.ear+ 9d '- . 7,,,,,rd:ddr""iiii 7 ,i?r,..:`,/ - -4::*/) ' ) I -`s r.';', 4,, .t 1= uD 4,,, yr' ti •, Legend j._..� AAr J Bwmu Van limits f\ 'i rLC+ ,..�\ VBON Owned Vta«'nv -0,Wt y,r\ worst«mwmot rona '� .4, h aLt1 Snore s wmwxot rdw C \� y f' / � , Get l,� .) i -_,. .., z.... „.„„,„..,„, ,,,,,,, .... ..„ 41:.7.f.e N.. ,,,, 11 / 7 y ii CURRENT DESIGN UPDATED CURRENT I1 ZONING CRITERIA DESIGN CRITERIA REQUIREMENTS SETBACKS: Min. building setback Dam Neck 100 ft. 50 ft. 30 ft. Rd. Min. building setback adjacent to 75 ft. 75 ft. 25 ft. Residential Neighborhoods Min. building and parking lot 75 ft. 75 ft. 30 ft. for I1/35 ft. setback General Booth Blvd. 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 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) 2 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 -- .fin VYV VVN/ ______.„ CORPORATE N., k I ,N.. , LANDING - , , rijt i BUSINESSI /` '► � �E -i�•j-1� I PARK h rt s 1 '. a ,t /' 11 ( ' ' 1 , ,. {: L. < . t• • 1 1\jf ri----11""-.. -.-A16411 . .gift if,I., ri t if; fIT.ram 4111 , CORPORATE LANDING BUSINESS PARK DESIGN CRITERIA OCTOBER 2021 VIRGINIA BEACH I s .1 4*/itta - ;7',-...,.' 1 _ -- - - irjr, p jjj///jjj 1 .011 spior _ , ,..„ . , _ -am On April 24, 1990, City of Virginia Beach Economic Development Director Andy Burke, Mayor Meyera Oberndorf and Virginia Beach Development Authority Chairman Van Cunningham turned the first shovels of dirt, officially signaling the beginning of the development at Corporate Landing. CONTENTS ARTICLE I:BACKGROUND AND PURPOSE 5 ARTICLE IV:SIGNAGE CRITERIA 17 1.1 CORPORATE LANDING BACKGROUND 4.1 SIGNAGE REQUIREMENTS 1.2 DESIGN CRITERIA PURPOSE 4.2 SIGNAGE APPROVAL BY VBDA 1.3 BUSINESS PARK MAP 4.3 TEMPORARY SIGNAGE 1.4 LAND USES 1.5 IMPROVEMENTS PROVIDED BY THE VBDA ARTICLEV:REVIEW BY THE VBDA 19 5.1 INTRODUCTION ARTICLE II:SITE CRITERIA 9 5.2 DEVELOPMENT PROCEDURES 2.1 APPLICABLE CODES - 5.3 SUBMITTAL REQUIREMENTS 2.2 SETBACKS AND COVERAGE 5.4 SCHEMATIC DESIGNS 2.3 GRADING AND DRAINAGE 5.5 CONSTRUCTION DOCUMENTS FOR 2.4 PARKING SETBACKS FINAL REVIEW 2.5 PARKING REQUIREMENTS 5.6 BASIS OF APPROVAL 2.6 LOADING AND REFUSE 5.7 REVIEW COMMITTEE 2.7 EXTERIOR STORAGE 5.8 REVIEW TIME 2.8 FENCING 5.9 PUBLIC APPROVALS 2.9 UTILITIES 2.10 NON-MOTORIZED CIRCULATION 2.11 PLANTING 2.12 LIGHTING ARTICLE III:BUILDING CRITERIA 15 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS Figure 1.1 - Corporate Landing Business Park 1994 + t ,,` iy�+t i.,.. • .. t. • 'A!+t' nayc 1954 �'' s . `3 - _ w _ _ t.,:141..':�` G' `e- $-'per "�• ' • • t' • �--a` . �' .�.� ,. ----ANs.. ::• „K.- S,1" , /*. , .',.„.:'. ,1 ... te,,, : C ',,':- 4 -7'1' . ,'-7'- '-'- ' - •••'. r`� , k` .4 ,, ' f.._ .ram' Y.,,, }w. • 1*; ` °S * + �' :\,/,ye Figure 1.2- Corporate Landing Business Park 2008 _ !- 4 ill - _ s1cliktiittit 4 • ' .. ' , ' : G co 12 ARTICLE I: BACKGROUND AND PURPOSE 1.1 CORPORATE LANDING BACKGROUND It is the intent of the Virginia Beach Development Corporate Landing Business Park (the Park) was Authority (VBDA) to continue to encourage the established in 1990 as a planned multi-faceted business construction of attractive quality environs through the park encompassing approximately 325 acres of land. updated design criteria herein. The Park is strategically located five miles from 1-264 on the southwestern side of Naval Air Station Oceana, between General Booth Boulevard and Dam Neck Road. It has a campus-like setting with high quality buildings integrated into a naturally landscaped environment. Corporate Landing Business Park has become the home to a variety of major regional corporate headquarters, including GEICO, Groundworks, and Lockheed Martin. Additionally, in 2018, a cable landing station was established to support ultra-high speed transatlantic - -- fiber optic telecommunication cables.The cable landing - station in Corporate Landing provides high capacity, reliable connectivity options to carriers, data centers and collocation facility operators. Figure 1.3- Corporate Landing Business Park Fountain 1.2 DESIGN CRITERIA PURPOSE The purpose of the design criteria is to provide guidance on land use, site design, building design, landscaping, }, and signage to ensure a unified, qualitative park 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 - �— years but have never been substantially updated. This Figure 1.4- GEICO Regional Headquarters update is needed to: A. Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities B. Reduce redundancy and better align the document with current codes and requirements -�� C. Consolidate multiple subsequent amendments into -' if t, 11 II c fi tI 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 1.3 BUSINESS PARK MAP Available property in the Park is rated Tier VI shovel ready by the Virginia Economic Development Partnership. Dam Neck Rood 4 '`\ ,t ,,,\ _ 1 k kr .mime 4 r, . ,}d, tN a � -"�• ` .tw 1' ,r. ... 0. . .. : , .. , ...„-• , ... 4 ,,„, . r...e, J ... .• . _ ,,b, , , ,,, _ ....... q, \<o \� �'. :-. <,,,N,s). Legend o Business Park Limits \� VBDA Owned Property cra/rLane AY mil Lake/Stormwater Pond - . . . Y' . his Wetlands Future Stormwater PondA �•` P> �� \\...‹, Cu/ver In -C \ %,-ec oic ° �c o O<•r /60 �5 iGe o/2oo� oci] \ to, e Wage Qooa, G�P.r. , re Source: Nearmap. 0 800 Feet 1.4 LAND USES The majority of the property in Corporate Landing Development Authority will reserve a75-foot strip of Business Park is zoned I-1 Light Industrial District and land for a future landscape screen. Property owners one property is zoned B-2 Community Business District within the park shall be responsible for maintaining per the Virginia Beach Zoning Ordinance as amended. the landscape screen entire length of property. Maintenance shall consist of mowing, weeding, The allowable uses in I-1 and B-2 zoning are permitted fertilizing and watering of all trees, shrubs and in the Park. Uses requiring a Conditional Use Permit lawn area to maintain healthy plant life. shall seek approval from City Council. The Virginia Beach Development Authority (VBDA), maintains the right to approve the property's use. 1.5 IMPROVEMENTS PROVIDED BY THE VBDA The Corporate Landing Business Park offers the following site improvements provided by Virginia Beach . Development Authority: -, ;`' :�F-: A. Shovel Ready: Available Park properties are rated .40 Tier VI shovel ready by the Virginia Economic CORPORATE Development Partnership. B. Conduit:The Park offers 2.1 miles of conduit system on Corporate Landing Parkway. It consists of 2 x 8 PARK (16) 4" conduits which include (3) 1.25" innerducts located in each conduit. C. Data Center Certified:The Park is Dominion Energy- certified for data centers. • D. Roadways: Perimeter Parkway, Craft Lane and Corporate Landing Parkway. Figure 1.6- Corporate Landing Park Entrance Sign E. Utilities: Water, electricity, sanitary sewer and conduit shall be provided to within the right-of- way or within an easement adjacent to the right of way. Connections to these major lines will be the responsibility of the site purchaser. • F. Signs: The VBDA provides entry signs for the Park and all signage within the public rights-of-ways. G. Landscaping: Landscaping of the common areas at ''= the park's entrances with irrigation are provided. -- - H. Residential Screening: The Development Authority will provide appropriate plantings in the 75-foot setbacks required adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7- Existing Landscape Screen on Dam Neck Road neighborhoods. Where the park abuts property not currently developed for residential use, the U Dam Neck Rd • VI- tko e r f . �' CO ,T :/ A. jr , t;f'�a`22f 4.'• t z w2 *,. r . R: O . -$.a - `. �- F ' oa, °S.---' r tQ Figure 1.8-Existing Conduit Route in the Park The Park offers 2.1 miles of conduit system consisting of 2 x 8(16) 4" conduits which include (3) 1.25" innerducts located in each conduit. 0 ARTICLE II: SITE CRITERIA 2.1 APPLICABLE CODES B. The utilization of best land management and A. Development of VBDA owned property within the stormwater management practices shall Corporate Landing is governed by the following be incorporated into the master drainage plan requirements and restrictions of but not limited to: for Corporate Landing and each individual site drainage plans per the applicable codes. 1. The recorded Zoning Proffers of the VBDA 2. The City of Virginia Beach Public Works Design 2.4 PARKING SETBACKS Standards Manual, as amended The following chart lists the minimum parking lot 3. The City of Virginia Beach Zoning and Subdivision setback requirements in the Corporate Landing Business Park. ordinances, as amended Minimum Parking Lot Setback Requirements B. It is the responsibility of the individual site Adjacent to Residential 75 Feet developer to verify and conform with all Neighborhoods requirements of governing agencies and obtain General Booth Boulevard 75 Feet and maintain all necessary permits during the development of the property. Dam Neck Road 50 Feet Corporate Landing Parkway 25 Feet Other Public Streets 20 Feet 2.2 SETBACKS AND COVERAGE Side & Rear Property Line 15 Feet The following chart lists the site requirements, beyond Between Parking Lots and those required for 11 and B2 zoning, for minimum lot Buildings(excluding sidewalks) 10 Feet area, building setbacks, and coverage for the Corporate Landing Business Park. 2.5 PARKING REQUIREMENTS Site Requirements A. Off-street parking requirements must conform to Minimum Lot Area 1.0 Acre Section 203 of the Zoning Ordinance as amended. Minimum Building Setback Adjacent to Residential 75 Feet B. The City's parking requirements shall not relieve Neighborhoods the site owner or lessor of the responsibility of Minimum Building Setback providing ample on-site parking for actual user General Booth Boulevard 75 Feet demands. Parking on access roads and dedicated Minimum Building Setback streets shall be prohibited. 50 Feet Dam Neck Road C. Parking lot landscape standards shall conform Maximum Building and Paved 65% to the City of Virginia Beach Landscape Guide as Area Coverage amended. 2.3 GRADING AND DRAINAGE 2.6 LOADING AND REFUSE A. The site grading of each individual building site All loading docks and dumpster areas that are visible shall be done in a manner complimentary and from the lake area or street right-of-ways shall be compatible with the adjacent sites. screened with a wall a minimum of 8' tall that matches the materials used on the building. Dumpsters shall also be gated. The appearance of the screen wall shall also be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval, see figures 2.2 and 2.3. 2.7 EXTERIOR STORAGE Except for permanent facility construction, exterior storage is not permitted in the Corporate Landing lip Business Park. Construction facilities and materials shall not be permitted within the front yards and when -j located in rear yards, shall be removed immediately upon completion of the permanent facility. Figure 2.1 - Existing building and parking in the Park 2.8 FENCING A. Fencing beyond screening is not permitted in the Park except for where it is necessary to the physical security of certain facilities or necessary to funnel pi visitors to designated entry points. B. Fencing should be limited to side and rear yards �__ and coupled with planting. When fencing fronts any _ 7 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. Durable, high quality materials are required for the Figure 2.2- Existing loading area screen in the Park fencing that compliment the building materials. C. VBDA shall approve all proposed fences for material, color,location,coupled plantings and overall impact. 2.9 UTILITIES A. All utility connections, including all electrical and fiber connections and installations of wires to buildings shall be made underground from the nearest available power source. During installation ffir -4 there shall be no open cuts in any street at any time. No electric meter, gas meter or other meters r 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. If placed at grade outside Figure 2.3-Existing dumpster screen in the Park the building such devices shall be screened with evergreen plants. B. All site utilities such as transformers, meters, cooling towers and heat pumps shall be screened ". in their entirety with evergreen shrubs. Minimum height of shrubs at installation shall be 3' to 4' with " • • ] BlDG. spacing not to exceed 3' on center, see figures 2.4 •• '• • • ' • and 2.5. �► ai:i ��.. `., ▪ lbw .►.1 bA , • 2.10 NON-MOTORIZED CIRCULATION '• '��. '• rIlli111111z-4.�k, i .�4� • • Each developer or owner of a site shall construct public •,.1 Ij111111�'I`� ; •: dppl A' • ` ' , TRANSFORMER sidewalks and trails that pass through their property • 4 k.• v it.4 41'' 4i • 3^MUICH WITH or properties per Figure 2.6 the Non-Motorized '•• - . . SOL SEPARATOR Circulation Master Plan. " EVERGREEN SHRUB MASS AS REQUIRED BY THE UTRJTY CO. Figure 2.4 -Example transformer screening plan TRANSFORMER • 10'MIN. r �;� � Ito.,,.. MIK EVERGREEN SHRUB MASSING 3'TO 4' HEIGHT AT INSTALLATION Figure 2.5- Example transformer screening elevation Figure 2.6 - Non-Motorized Circulation Master Plan , Dam Neck Road - ' t 1 7 f ) C i)01 If \ <\\\.„.. / •pio p'3 Each developer or owner of a site G„ shall construct public sidewalks `Lo and trails that pass through their ,411101,. property or properties per the j' Non-Motorized Circulation Master Plan and in accordance with City of 11.5 ' Croft Lane Virginia Beach Standards. ,_ '' t . %. \\4), �0� o0e ;oc Central Plaza Drive Oe�o `� _ (Future) rx 4 0 ao aP"r000, Source Nearmap. t Legend 11.1011111111111111 �. 0 800 Feet ——— Existing Multi-Use Paths `f Y i IRA Future Multi-Use Paths VBDA Owned Property 2.11 PLANTING SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped r- :�►4 lj environment. This emphasis will provide an ('E vj)‘` die , : overall visual continuity throughout the park and \\„j /i�A 4,V40 Or i��� /��, i will serve as a backdrop for the development of qir �rl►, \each individual site. During the individual site I j : ����! 1development stage, the landscape architect ( ' �1�.` `... shall give careful consideration and analysis to ��1/,�� \ .:�� respond to surrounding site components such !) ,i��• 1► as site context, open space, landmarks, views and �!��� `�t/ ���� / vistas, streetscapes and the protection of existing II llr4. e, ( 1I,'vegetation. i10 \�0 �f�;� 1 B. In addition to adherence to the City of Virginia 0% -\—`,Ai I�/ "iiri Beach Landscape Ordinance for plant species, 1 Fi r� !Z �� Nkrjparking lot and foundation landscaping, screening �!� �!• yr ,v♦ ,i77.611(�` and tree planting specification and standards, the �' .:�� following additional requirements shall apply to the MEDIAN EVERGREEN Corporate Landing Business Park: SHRUB MASSING Figure 2.7- Example Divided Entry Drive Planting Plan 1. Protection of Existing Vegetation: Site 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 SHRUB walls and 5' outside of all paved areas. The MASS NGEN TO CURB • building developer shall identify, "flag", and o �.:;' � ��. barricade up to the tree dripline such stands 4j, . vprior to site clearing or grading operations. �� y�'� ,� Plik\ jr Storage of materials or equipment shall �� �;,� not be allowed within these barriers during tI� flier construction and barriers shall not be removed Viliq until finish grading of sites has been completed. ��`�ie: tl►'`�' All City of Virginia Beach and State of Virginia '`It.E ���!,' Tree Protection Notes are applicable and shall • �, ♦ili"1 be enforced. ,,e•Mi •11,ta� _ 2. Sod rather than seeding is required within 50' �\���� �IlW ;����.�� of all buildings; all adjoining roads shall have ! �, .� •� �� • h_ sod along the entire property line from the road �4,� !�+�(edge to the parking lot edge. The minimum filkir. •.,-:� V:►, ,,width of sod along road edges where there is �-4.� f� � no parking lot shall be 30'. All other lawn areas CONTINUOUS EVERGREEN HEDGE 30"HT not receiving sod may be seeded. SPACED 3'ON CENTER AT INSTALLATION Figure 2.8 - Example Entry Drive Planting Plan Note: The landscape architect shall respond to all visibility triangle requirements for intersections. w 3. All site entry drives shall be well landscaped each case where this is applicable, the user with a combination of shade trees, flowering shall obtain approval from the VBDA at the trees, and flower beds, see figures 2.7 and 2.8. construction document approval stage. 4. All planting bed areas shall be covered with a D. Lighting in all parking lots, walkways, and 3" layer of shredded hardwood mulch. signage on buildings shall be LED. Lighting levels 5. All plant material, topsoil, mulch, fertilizers, etc. in parking lots shall be a minimum 0.5 foot shall be subject to VBDA approval. Rejected candles. Light spillage onto adjacent properties materials shall be removed from the site. and the right of way shall be minimized. 6. Street trees shall be placed along all roadways, E. Accent lighting of buildings, landscaping and within the right of way, which properties abut signage is encouraged. or adjoin. One tree shall be provided for every F. All lighting adjacent to residential areas will 35' of property line that adjoins or abuts the be placed in such a way to prevent glare or roadway. If applicable, existing street trees on overflow lighting into these areas. adjoining properties shall be located and shown G. Point-by-point photometric calculations with a on all landscape planting plans. The spacing of summary statistics table shall be submitted for all new required street trees shall tie into all project sites. Calculations shall include fixture existing trees, maintaining a maximum spacing schedules or details indicating all aesthetic, of 35' on center. electrical, and luminous characteristics of the 7. Shade trees and/or flowering trees shall be proposed lighting systems. provided in front of the buildings as approved by VBDA. 8. Each site developed shall have an automatic , _ - irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water • requirements to maintain healthy plant life. 2.12 LIGHTING Corporate Landing Business Park has a uniform lighting system for exterior lighting. Fixtures and poles shall g rt be approved by the VBDA. The following lighting � � '" r_ requirements apply: ` =' y - A. Parking light fixtures shall be a maximum height '�- -I of 30'. B. Low bollard fixtures or landscape lighting is ., � "A' recommended for walks and building entries. - a 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 ARTICLE III: BUILDING CRITERIA 3.1 APPLICABLE CODES articulation such as cornices, expression of A. Buildings within Corporate Landing are governed by structural or architectural bays, recessed the following requirements and restrictions but not windows or doors, material or material module changes, color and/or texture differences. limited to: Continuity of design is encouraged on the side 1. The Virginia Uniform Statewide Building Code and rear faces. Flat, monolithic or unarticulated (USBC), facades are discouraged. 2. The recorded Zoning Proffers of the VBDA, 3. For large buildings, varying horizontal and 3. The City of Virginia Beach Zoning and Subdivision vertical elements should be employed to help ordinances, as amended, and organize the building mass. In addition to 4. The City of Virginia Beach Public Works Design material changes, breaking the footprint of a Standards Manual, as amended. large building into smaller parts and varying a B. It is the responsibility of the individual site building's height and facade design can reduce developer to verify and conform with all the appearance of blank walls. requirements of governing agencies and obtain and maintain all necessary permits during the 3.3 BUILDING MATERIALS AND COLORS development of the property. A. Exterior building materials shall be of types 3.2 BUILDING DESIGN AND ORIENTATION that are durable and permanent in quality and appearance. Exterior finishes should require A. Corporate Landingoffersthehighestqualityofdesign little or no maintenance. Colors, materials, and and creativity in the Park's building construction. finishes are to be coordinated in a consistent manner In order to ensure the development of a harmonious on all elevations. Recommended architectural corporate environment, the following design materials include glass, granite, concrete, brick parameters have been established: and metal. Additional building facade requirements include: 1. The building concept for the Park is to set buildings in a landscaped environment that 1. The use of metal panels for light industrial maintains an aesthetic continuity throughout. facilities is acceptable as long as the front face(s) Each designer is encouraged to express and main entry of the building includes at least individuality and creativity while blending his one additional complimentary material and the or her design into the site's surrounding metal on the side and rear is layered and varied. context. The general design context should 2. Glazing shall be reflective enough to prevent reflect a high quality, modern, corporate vision from the exterior to the inside during image. Colonial or historical designs shall not daylight hours. Reflective glazing shall have a be permitted. All designs are subject to the shading coefficient of .20 to .30. VBDA's approval. It is intended that the basic harmony of the Park's architecture shall prevail 3. All roof top mechanical equipment, shall be so that no building shall detract from the enclosed or screened by opaque glass, metal attractiveness of the overall environment. or masonry, so as to be an integral part of the architectural design and not visible from 2. Buildings should be oriented toward the public adjacent public streets. street and the front face(s), at a minimum, should incorporate higher levels of architectural 4. Exposed louvers, similar metal panel inserts, or penthouse enclosures are to be painted to match the predominant color on the building. 5. In order to maintain aesthetic continuity within the Park, bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents, such as main entrances and shall be as approved by the VBDA. , I I i a N: ■ i 1 ii { - giqui. --v, 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 "441.<r :41'.i'°° 6>� ' _ ,� �1-; r '.. _ I- r-- -IC— — '^e ' ' J -" .- '''': if ' V kRlw ie.. ' u. , _ i ,: .- 7IWD ' - -- - -.,-,'NO-,---:-.:":t':-.' ii, ti 1,,,,i.r, ., . . __ Figure 3.2- Warehouse/Assembly Building in Toccoa, GA Figure 3.4 -`Side and rear face continuity of existing multistory Multiple complimentary materials and architectural accents are Corporate Landing office building required for the front face(s) and main entry of large facilities Image Source:Kirby Building Systems,LLC ARTICLE IV: SIGNAGE CRITERIA 4.1 SIGNAGE REQUIREMENTS C. Maintenance of all signs shall be required by all All signage in the Corporate Landing Business Park tenant/owners. Signs shall be kept cleaned and must comply with the Sign Regulations of City of painted as required to maintain the state of quality Virginia Beach Zoning Ordinance as amended. that existed at the time of installation In addition, the following sign regulations apply: 4.3 TEMPORARY SIGNAGE A. Menu board type signs shall not be permitted. A. No temporary signs will be permitted except as B. Plastic letters shall not be permitted for building described below (see figure 4.2). mounted signs. 1. Temporary construction signs shall be permitted C. The size, location on the facade, color and finish during the construction of the permanent of the letters or logo shall be compatible with facility and shall be removed upon issuance the building architecture. of the Certificate of Occupancy by the City of D. Care shall be taken to conceal all conduits, Virginia Beach. raceways and transformers from all signage 2. All temporary signs shall be ground mounted. so that they are not be visible under any circumstances. 3. One project construction sign shall be permitted and shall be located parallel to the E. Street names on the building are not permitted. street and shall include only:the Building Name; Numbered addresses shall not be backlit. Developer; Architect; Landscape Architect; F. In multi-tenant buildings where storefront Consulting Engineers; General Contractor; entrances are used, sign information shall be Major Tenants; and Lending Institution limited to company name, company logo, and 4. No subcontractor signs shall be permitted. suite number (see figure 4.1). The temporary construction sign outlined above shall be a maximum of ten (10) feet high and 4.2 SIGNAGE APPROVAL BY VBDA located within the property line and adjacent A. Final design of all building signage shall be as to the construction trailer. approved by the VBDA. Proposed signage shall be S. 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 1. Sign elevation, shall be obtained from the VBDA. 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. 1 ----).;I-71--;--7- , r -, TT- -r ---- 1 -- -1 25% CLEAR MIN. 4- . I l 1 50% COPY AREA MAx. L—r r J 25% CLEAR MIN. i -L-LL----I_L__- I !-- ---- --- ' - --- -- --- - i %\I/ r r � III 1 Figure 4.1 -Single Tenant Sign On A Building The above drawing is an example illustration of the placement of a single tenant name. NOTES: r-o 1) Front and back of plywood sign face and wood to be painted. -�-�— 2)Signs can be rotated as desired. !- r TIP. BUILDING NAME -- 3/4" TREATED PLYWOOD --- LOGO, ETC. ✓ EDOE OF /COPY AREA\ r-Cr MAX. 1 6-EVELOPERS 0 o ✓NAME, LOGO, ETC. / 2 r O ARCHITECT 1 g REALTORS NAME cc LANDSCAPE ARCHITECT b LOGO, ETC z CONSULTING ENGINEER Q GENERAL CONTRACTOR 2 MAJOR TENANTS , FINANCIAL INSTITUTION , L Q r rrr. O }—� T ze b =—Tt ,, a X r L. _.,� ---r-=-1 ��._ 1...... 1--.. I. I I . . 11,41 r / 4" X 4" TREATED WOCD POST. -- 4" TREATED WOOD SLATS FOOTING AS SIRED - TYPICAL BOUALLY SPACED TO GROUND TEMPORARY SIGN REALTOR SIGN Figure 4.2-Temporary and Realtor Signage e ARTICLE V: REVIEW BY THE VBDA 5.1 INTRODUCTION 1. Schematic Design and A. Corporate Landing is governed by a series of 2. Construction Documents recorded covenants which are available upon B. Final approved City of Virginia Beach site plan request by any developer or owner interested documents shall be submitted to the VBDA before in Corporate Landing. These covenants and construction begins. restrictions are in place to ensure the proper and most appropriate development of the Park through the implementation of uniform standards. 5.4 SCHEMATIC DESIGNS Furthermore, all pertinent requirements of public At schematic/preliminary review,the following material agencies shall be followed in the development shall be submitted: of this property and all plans for development of a specific site shall be approved by the VBDA and A. Site Plan at a minimum scale of 1" = 40'-0" approved by the City of Virginia Beach and public B. Site coverage ratio: building and paving agencies having jurisdiction. C. Building location, overall dimensions, height, B. The requirements contained in this criteria do finish floor elevations setback lines not preclude the potential of later modifications. Each buyer shall be responsible for verification of D. Site circulation all code requirements at the time of purchase and E. Site signage location development. F. Anticipated stormwater management practices G. Amount and location of employee and guest 5.2 DEVELOPMENT PROCEDURES parking A. Prior to commencement of the development of any H. Location of any loading and trash collection project design, the project owner and the design areas professionals are required to participate in an I. Location of walks and driveways introduction to Corporate Landing Design Criteria with VBDA's design representative. J. Building floor plans at a minimum scale of 1/8" = 1'-0" B. Prior to the commencement of any site — improvements such as construction or alteration K. Elevations (1/8 = 1 0 or 1/16 — 1 0 ) in color of buildings, enclosures, paving, grading, drainage, or with color samples or any other permanent improvements on any L. Perspective rendering site, the owner, lessee or occupant of any site M. Building materials specification list shall first submit Plans and Specifications for such N. Location and size of all exterior mechanical and improvements to the VBDA for its written approval. electrical equipment both at grade and/or on the roof. 5.3 SUBMITTAL REQUIREMENTS O. Preliminary review shall be concerned with A. Three (3) complete sets of plans shall be building materials, colors and finishes, submitted for each review. Three (3) sets shall architectural treatment and rooflines. be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: 5.5 CONSTRUCTION DOCUMENTS FOR FINAL D. After approval of the contract documents by the REVIEW VBDA, any change in exterior materials or exterior colors during construction, shall be approved A. The following completed construction document by the VBDA prior to ordering of materials. material shall be submitted for final review: 1. Building construction drawings indicating 5.7 REVIEW COMMITTEE all exterior finishes, colors and proposed screening of roof top equipment. Actual size The Review Committee shall be composed of the of equipment shall be indicated behind screen. VBDA's Department of Economic Development arm; The previously submitted colored elevations the VBDA's architectural, engineering, and landscape and the exterior building material sample board architectural consultants, which herein afterward shall which were submitted for preliminary review be referred to as "the Staff" shall be resubmitted again with the construction A. Staff shall be entitled to approve minor variations drawings. to those portions of the Design Criteria not 2. Full civil site plan and utility packages, at a encompassed by the zoning proffers of record minimum scale of 1"=25'-0". affecting the property. 3. Full landscape design package, at a minimum B. The VBDA shall receive comments and scale of 1"-25'-0". recommendations from the Staff as to whether 4. Full site lighting, signage and any loading area the plans submitted should be approved or and trash collection area construction details. rejected. B. Approval of plans must be given by the VBDA prior C. When questions of judgment or interpretation to commencement of any construction. arise, the decision of the VBDA is final and binding on all parties. D. Any revisions, additions, or alterations to any 5.6 BASIS OF APPROVAL portion of approved plans shall be subject to A. Review and approval will be based on standards set review and approval. forth in the Declaration and the Design Criteria. E. Neither Corporate Landing or the VBDA or Plans will be reviewed not only for the quality its successors or assigns shall be liable in of the specific proposal, but also the project's damages to anyone submitting plans to them effect and impact on its neighbors and on the for approval, or to any owner or occupant general park character. Evaluation will be made of of land affected by this Declaration, by spatial relationships among and between buildings reason of mistaken judgment negligence or and other surrounding elements. Careful concern misfeasance arising out of or in connection will be given to location and treatment of utility with the approval or disapproval or failure and service facilities with the intent of minimizing to approve any such plans. Every person, detrimental visual and environmental impact. corporation, partnership, or organization who B. Site ingress and egress shall be reviewed for efficient submits plans to the VBDA or Declarator for flow of traffic within the site and on abutting streets. approval agrees, by the submission of such plans, and every owner or occupant of any of C. If plans and specifications are not sufficiently the property agrees by acquiring title thereto complete or are otherwise inadequate, the VBDA or an interest therein, that he, she or shall reject them as being inadequate. Approval of it will not bring any action, proceeding or suit design will be good for a one (1) year period, after against the VBDA or Declarator to recover any which time, if construction has not started the such damages. building developer will be required to resubmit. 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. 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 J_? rd day of i libtt 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 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 GPINs: 2415-12-2650, 2415-04-0770, 2415-14-6859, 2415-25-9170 &2415-22-7788 1 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. 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 2 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 75 ft. c) Adjacent to General Booth Blvd. 75 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. 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 October 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. 3 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; (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] 4 WITNESS the following signature and seal: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: (SEAL) Name: Title: Chair/Vice-Chair Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this or day of ate5 —�, 20J1 by )1AAr y, as Chair / Vice-Chair of City of Virginia Beach Development Authority, on its behalf. NOTARY PUBLIC My Commission Expires: ao a-�— My Registration Number: of I z, ROBIN KAY WAGONER 4 Notary Public i`. o" Commonwealth of Virginia Reg.#217224 ,�, My Commission Exps.February 28,E Approved to Content: Approved as to L iciency: /Ijj Economic Development City Attorney 5 FROB, LLC, a Virginia limited liability company By: c (SEAL) Name: lR 44 $ 11, Ca('Jk Title: ( /417 + -� /"}-.tpr Commonwealth of Virginia City of Virginia Beach, to-wit: lid ,,�+ The forr oing instrument was acknowledged before me this ,..5 day of /1' Atovier, 20�) , by a/'l Ca I 1( �_ , as /1�ct19, �CiWAf FROB, LLC, a Virginia J limited liability company, on its behalf. n N ARY PUBLI My Commission Expires: of "aq`all9� 9 My Registration Number: 717 0,0t!tilll1l1IFi,, A\.. ;MONWW�Cc�j :REGISTRATION NO.' 7702945 MYCOMM.EXPIRES '�•�� _:4O'OF VI RG‘NP G /,i/ i�� /'q R'y I`Pv��,\\�`� 6 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. 7 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. 8 EXHIBIT B (CORPORATE LANDING BUSINESS PARK DESIGN CRITERIA-OCTOBER 2021) 9 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 L ##%/V CORPORATE \FNINI 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. c 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 V REDWING CP o_ -.._ ---'... //. (// 4t .••�••O❖•�.•.`. �'� �•i�iiii�ii�i�i�ii�ii�iiii ...................... ...................... . ................... O�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i ..................... ....................... ♦••••.....•.•11.11 .•• .• +3I• s ip.- ,.�.�..-.4t i!i❖:.....•.' � ' .. A••":: i •w w WW❖•❖••i• •. :•.•.•0•,•.••i••0.••,i1•••••,•••••••1•/•••••0•O•40 �•••,•,••�•••❖•••••••••••••••••••�•j•••••••••••••••••••••❖, Q.M NECK ESTATES 4.41414,1140**4041141414.11,04,114.40,414.*****11., 1 A.••••••••••.•••••+►••••••• �4. ••❖.••••••❖i❖•❖i❖.❖•••••❖ •••••••••••••••♦ •••••••••••••••• WAAAAAAAAAIMAAAMOW •�••.�.•1�.•.�❖••••••••••••••�• C. ,,•p❖.••❖•• STRMeuoa .❖ - .' \NN\ • 44, — *Ol LOCATION MAP '� A hloon' soon 0 VOd0' — 11 N ,.. • L'''. 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UN1 DENSITY O '4'' ' ■amrrr ina •si#.......a :a'iiii' MOO DI DEVELOPMENT ••...f ■■rrrtr/a/artr RESEARCH :ATM 6 ...: R&D :sassitisiaellasiasif.r 'ar!'srtaaaaaUM :r !!aa r■;::i• tiNT !*::a■rllf:l► �. af/r■;:: f ^.�EDl1SE DEVELOPME =r;:r::: tars;::::i• �: M t7 MIX 1:1r r! =err:r■1wr1f■t• +a::: fti�;::.: 4111.1. i:::�=: i`tit/f.etr rtrewerrrr. .■t/trtl r� MIXED USE DEVELOPMENT t../u■ iul/ .....1.pla•;ul .uruu MX D 2 41/.■/■r► a ufl/urarart■rasa r/■► ..::::::► 'a :o 11 ■raw :f:a t/■rrrlrf■/r11w1rt/ ra/a!tt 14'ma".. ice "'wan ■■.. ..artfar7 _ fat tawa alfafl ■.....■f/atrr/al lea■af.lfr/ j/rrttafr/■rifler/g _.■iffy'' i ::ar:aaai �f ==:: ::=��aE■+ 1.^+ ram.► = • tlfr■::aii site Mir 1+ ::::HU Ife saw//■ltv , ._� • ;% �` .?::z ►1 + i::a:art:' —es••►:'.`1-,-�e�.iiL:f%-'"'yi1Ai :IA"' AMUi■/tr/nr n',1��yl:i•_:',:��•: .r N+1`1''�: r r. l:1r:z" �` AMU ..KU i ram' ,. i /1 i1.1. 1„ .= y. i.t titre ' falft/t i■■t■tits /■ Vi\-i /■11■f■rf dr■wrrrrf fa /ttuwlf a.1rt ■1r■, at as gaill MAUS I i ..rfrr• ':rauf:: +' a ■aff.e/■� edardi .. ■ufl ' 7 50 50d 2 wran.uo 1000 5 13 0 MASTER PLAN LAND USE 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 Ratiol .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 15i2 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. 21 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 26 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 D 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. 1 LANDSCAPE PLANTING LIST 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. Kalmia 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 6 7r. ray.;: �, � �>=9.�;y,f tei. PLANTING TO BE PROVIDED IN FRONT iyswi � arl••lrrrgift4 <tr• :!:• OF BUILDING AT LAKE EDGE ite•Wdll... 110Sg AlltftliFi . . . . , , is* iwIgf 1 , to rp. , ... ,.......,, 'Hy STONE EDGE AS APPROVED BY THE VBDA MAINTAIN GRASS SLOPE �.. TO STONE AT WATERS EDGE �,1I • 0 TYPICAL LAKE EDGE 36 • \ / ` . ` ' , Isofilir .. isi AB -W* 1,, 4. 11:40Ari :1.111,..114"- \. . ,,. . 41111). • .� • • • • . s- .-.1 '.* 4,141111F1* ., Akh 41h. ..".• • • -' •'. . ATE ROAD CROSSING ROADWAY j111.1.1... :::: : itak.. . .. - , - . - -- . - - - • -- ::-. - .W./A. - -::::: .:. rA •• :f ,4jW 1 1.4, l .1.-.:-., • -1 x 6 CEDAR EDGING VP • lie .• • ', ter �\ p ASPHALT (1-1/2' OF S-5) • CRUSHED STONE (6' OF 21A OR B) . 401. w A .: ..* r • 0 PAIN I I;:Ii II All ' 1• -/..�•.: .=• -t ri - mil-1= `I IIII- Ali, 25 xAK 4 ING SALT- TREATED ='Il Illl ST . I II OSECTION OTYPICAL JOGGING TRAIL NOTE: CROWN JOGGING TRAIL AS REQUIRED TO PROVIDE POSITIVE DRAINAGE 37 PARKING LOT. SHADE TREES AND FLOWERING TREES ROADWAY 11 4111111001 birsto _ .0,4,.,:,,ter. „2at--_-, t4.., 3/1-4111.1IL , n I A. .,,llillllllllfilll(fliflllilun •. 3' BERMING WITH 3 : 1 •SLOPE OR 24' - 30' IN HEIGHT EVERGREEN PLANTING 22' / 15' f .4-1116,fr.lin SATO ....---IMPOUNDMENT EASEMENT 1 LANDSCAPE BUFFER 4' TO 5' IN HEIGHT LAKE OR CANAL _ —y I ID TXPICAL SCREENING AlPM 'KING LOTS _ 381 at 1 cl 1111 1111 III I ..i,.;:,. .. ,. ........ .:;......-.. ..........-.-r::!,,..3...;-!:_t-f-4,-,y:;:ii,,.;ifb.p.:„•.:.....;:::;I.!.',,,lr.:-','.::.::...„,,..:::•:,;;:.7.1•!:;:: , 1i. ..'. .. 2:...'• 1....: ": Et...... .'....:::.,..):,z1;."-.;,f. .f.t.-"I-•::!.: .i...!7:71-4.,,-, C.--:•-:'i,•-•:..!:.,• ._.. .., .. IA i . .... '..rit‘ ,...,-0 ra:- -...-.....,•-,-•..-.".7":if 911 % '-..'•".,', •':" •..-it,' •.., .• . :.',%":•'-,:,..- . .. .. - , - ,-.. ...' 1. • _,.::, ''-i-..-:, . • • ' , • • "'...-2..•• •1:,•. I i', .. 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I fi J11,11,111 . jI��Ir �r►1 rn �' ►p r ,0' MIN. n 1� TRANSFORMER till„r� N � + �. s::::v"v'r v{r ti tiff•:::::. ntr► : - irnn -, f. _ _ 11,V4i TM l' ''11 IIIIIIIIIrA A.'... 1111111-_..ii 4. .."7f) M1`'�iln\;ii� nril�� EVERGREEN SHRUB _ ���n��r, II 11 i,i`'ii P�'.` MASSING 3' TO 4' HEIGHT '' iv 1 I 1 p►,',,I r�ji TRANSFORMER "us\'` , 3' MULCH WITH 01,- ,/� , 74i ' %p1\``,;,i1'. irk SOIL SEPERATOR 1 :,�(��1" �rr r� P► EVERGREEN SHRUB MASS 3' TO 4' HEIGHT I iil ,II/ 1.i111.6 il, III. I r) I,,A1111L.L. 11111 40 VARIOUSSCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS 40 BRICK ROWLOCK 8' 11 8'del AS REQ'D. 8' %% �� u /'�� BRICK = gm % d IN f II r ultra. 1/2' E.J. O W to �� > FINISHED GRADE /�wmai CONC. SLAB m IN PSIW/ W.W.F. Q NM se 8' CMU 'AM '� ►���gII HIGHEST POINT N r CONC. FOOTING ��►�� :" 0 0 BLACK VINYL COATED ►w�� CHAIN LINK FENCE GATE WI REINFORCING :��: f W/BLACK VINYL SLATS / weilisiS.4.a TO MATCH WALL H.T. f \=K?1....//ji . DUMPSTER ENCLOSURE PLAN WALL SECTION O DUMPSTER ENCLOSURE NO SCALE 41 DECIDUOUS TREE, MINIMUM SIZE AT INSTALLATION 2 1/2' - 3' CALIPER, 12' - 14' HEIGHT �r � EVERGREEN SFRUBS MINIMUM HEIGHT �� EVERGREEN TREE MINIMUM HEIGHT AT INSTALLATION 2'-3',WFFH �, i AT INSTALLATION 4'- 5' WITH ULTIMATE HEIGHT OF 10'AT MATURITY i�1� / ULTIMATE Ella-IT OF 30'AT MATURITY 1 01 VIP. Pr._ Wi... tip i, 4101.0*-..,-,1 I i'i 40;1141P‘W I i li'4 1111 I PROPERTY LINE OF 31 MAX.S SLOPE RESIDENTIAL ZONE if 10'MIN. if I' 10'MIN. /- 75'SET BACK ZONE NOTE:PLANTING SHALL PROVIDE A CONTINUOUS VISUAL BUFFER IN A SERPEMTE PATTERN 0 SCREENING ADJACENT TO RESIDENTIAL ZONES 42 SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) EVERGREEN SHRUB 4►41 MASSING TO CURB I ifi.177.. . ._ 1,/11"74) a. •;aiVas.c.i 1 PA e t 4r- 7v die .07 0 4 ,_ lio . ...PA�_. ....� �� � fib' �� ,1rt. Jr „ow, /i , ► I r�� irivo. —4- �i - t4 4� * ji,mbr /14041 lig&i / irliAti'l 1,4i 'l gl ��� �1,►�4p kl ab;l," !I►��� 11 6 ! kIllek SO ifii voq,... _4 . ,,, ...., 11.,,,,t.s .,.. , Toii,l., 110 Ite Ivo: S1; 1►. �; liP .Sri►�I�1� ►,%► 11 ��I#' IlifillOp"-,Z4 ,�l1�� I�1` 4._ itily.:4tiall (tplit-''\\ IP y,. VI i ri irdill1/4 •• .-,f..... _ 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. OTYPICAL BUILDING ENTRY DRIVES 43 a gt ■ ■• ■ • rA J • � • t '- i.' r y ,1 .•f•1, •'lt' , ry ' ��ji�'f 7, � .r •a I1•syJt+Ft» T7Ti { 'Ka ,�_. p��rl•i:d ;...�+ -g"' -s • ▪ °• il , , . `� . , ;? ice'. ,.,. • s. %_.. `' Sr , .t - r • ", w.,4.••. CM Iice` .(;;� j ,r ,�I .+1 1. ' I ... !_'R y^'--•1 a...Irk[' r 1! • ,,4� ■ ■ ■ , • _:.„‘„ 44, _..,:r* , 46 • _.-1";- - ..6!?' 4.4 - Lti 5..f?:;l Jy • 0.+ cc 4• Z VI . .. .3t. y :1 11. v � � - H ■ a 111 J 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. 1, 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 ALUMINUM POLISHED ALUMINUM SIDE VIEW PRIMED AND PAINTED LETTERS MCUNI'ED TO AS SPECIiw L). i SIGN FACE — BOIH SIDES. 1" - 0' 1-1/2" X 1/4" SOLID Q_. Q 7 6', 10' - 6' J� POLISHED AIIA�QN[JM \ T I BAND I4XJNTED SIGN - —,t—'t- FACE. TYPICAL .4— BOTH SiurS. —4 — -r-1 E 1 CORPORATE LANDING le 1/4' a+ •-k— T Y P. ► c— A PLANNED, CORPORATE COMMUNITY. 1 7-4 in _: i 1/4" X 5"H. POLISHED ALUMINUM 'r N TARS M UNI'ED 10 FACE OF BASE. _ CJC81C PE'I'E BASE 3 POSITIC II AS SHCFAIN BOTH SIDES. i FINISHED GRADE 4 5° r— t - \ \ FOOTINGS AS REQUIRED 16' - 0' COPARK ENTRY SIGN 49 NOTE: CENTER PIECE SHALL BE PAINTED AN INDIVIDUAL FRONT VIEW COLOR TO CENTER COORDINATE PIECE SIDE VIEW WITH MO, NIDO, 3' - 6' BE 1/2" R&D, AND NED / AREAS OF THE LOGOAREA FOR �._ 2' - 6' 6' PLATE i E�,, PARK. STEEL sal b' PRIMED ;S _-Mete AND ! 1/4" X 5-1/2" — _ PAD. - TOP VIEW POLISHED ‘1 b r ALUMINUM 1" X r *r G _ 1/4" I _� MOUNTED _ COR 11 L / POLISHED . SISIGNFACEE.. LANDING CORPORATE "H LEI'TERS G+ ALUMINUM GRAPHIC CUT 2411-2578 ' b BAND MOUNTED 1r, AND SPRAYED OR PERIMETER Nzo TO SIGN M SILKSCREENED GHGIDES PARKWAY _ r N h FACE. IMRON PAINT �� .125 POSITIONED AS GAUGE SHOWN. b ALUMINUM r- PRIMED —'� FINISHED GRADE AND _ Z � 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 LOGO FOR SIDE VIEW DUAL 4' - e' INDIVIOOLDR TO / 1' - o' COORDINATE • • r 1/4" X 7"H 3tr\f T P/ M O ILO POLISHED �,� ! ANDrNXD ' ALUMINUM 135 ao /C:E3N'I'ER PIECE AREAS OF THE —'t TO HE 1/2" -----1 PARK. MOUNTED TO STEEL PLATE SIGN FACE. Pip AND TOP VIEW J - PAINTED. 4"H LETTERS CORPORATE - - 1" X 1/4"GRAPHIC Y SOLID _ AND SPRAYEDED LANDING POLISHED OR ALUMINUM HIGH (2411-4829 .� SICREENED • 0 BAND MOUNTED IMRON PAINT DAM NECK �' io TO SIGN FACE. •_ a POSITIONED AS ROAD —.125 GAUGE f AIIJMIN[R�I 1 / 4,:tiv. PRIMED AND PAINTED. /// a. o - N FINISHED GRADE— it 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 IAGO IF DESIRED, WHITE VINYL CUT LEITERS PREFERABLE - MAX SIZE l'-0" X 1'-0". COPY AREA FOR TENANT NAME SIGNAGE PANEL, AREA, MATERIAL AND COIDR TO MATCH sIUREFRONT. r � U lL r The above drawings is to serve as an example to illustrate how tenant names on the buildings for the MXD and R&D areas shall be an integral part of the architectural facade of each building. The tenant signage system shall accompany the submittal of the construction documents to the VBDA for approval. This will be required for each and every building. Q TENANT SIGNS ON BUILDINGS EXAMPLE OF. SIGN TO IDENTIFY NAME OF TENANT 52 FRONT VIEW SIDE VIEW AREA FOR --� LOGO I 4' - B' 1' - 0' NOTE: CENTER PIECE SHALL f g- 3' - 4' B' j BE PAINTED AN INDIVILUAL TYP. . COLOR TO COORDINATE WITH ,� ' IDO, MIX), R&D, AND MXD COPY AREA 13 5 m } + -- AREAS OF THE PARK. FOR MIXED • F- USE ''r CENTER PIECE '�`^' DEVELOPMENT CENTER NAME �` Zr) TO BE 1/2" TOP VIEW AND IDGO. - -J STEEL PLATEr PRIMED AND 1/4" X 7"H -i —t- PAINTED.-- * - - - \ POLISHED ALUMINUM LEITERS s 1" X 1/4" MOUNZED TO L_ --1 SOLID SIGN FACE. coo b POLISHED /io 10-3645ALUMINUM - M 4"H LETTERSDAM NECK IBAND FACE GRAPHIC air � P 7 A 0/ ROAD - .125 GAUGE /1 SI1FSC ED p IN HIGHGIDSS I "'� ALUMINUMPRIMED AND L IMRON PAINT I3/ PAINTED. POSITIONED AS SHOWN. - ti N FINISHED GRADE 7 // \ 't FOOTINGS AS REQUIRED MIXED USE DEVELOPMENT SIGN R EXAMPLE OF FREESTANDING SIGN TO IDENTIFY BUILDINGS WITHIN MDX AREA 53 TOP VIEW TOP VIEW REFLECIORIZED t I l 1 24" STOP SIGN NOTE: PAINT ALL SIGN POSTS AND BACKS OF SIGNS FLAT BLACK. STYLE PER VIRGINIA CODE FRONT VIEW SIDE VIEW FRONT VIEW SIDE VIEW USE IN OPAQUE DECAL FORM — --- — --Nc- AND APPLY v DIRECTLY TO /h x } z NO PARKING, ® TOP VIEW TM FIRE LANE SIGN FACE. 1 [ .. ';�; �:� SIGN, NO NO F U�IURN AND PARKING0 ANY OTHER ', REGULATORY SIGN(S) USE THIS FORMAT. 2" BORDER AROUND SIGNS _3" x 3" FRONT SIDE TO BE PAINTEDDED VIEW VIEW THE SAME ALUMINUM b COLOR AS SIGN o �,S WITH 3" ^.. POST' 0 WIDE EXTRUDED AILJMITIUM SIGN c < FRAME .090", BAKED ENAMEL o - W FINISH. FIBERGLASS FINISHED BOLLARD WITH m GRADE POLYURETHANE ENAMEL FINISH. frki -P.'' `P4----V 9' CONCRETE FOOTING X 12' DEEP AND TAMP FILL 0 REGULATORY SIGNAGE 54 NOTE: FRONT AND BACK OF PLYWOOD SIGN FACE AND WOOD 4'-o- SLATS TO BE PAINTED, AS APPROVED. ALL GRAPHICS AND LETTERS TO BE WHITE. 1- 4'TYP. BUILDING NAME i - 3/4" TREATED PLYWOOD LOGO, ETC. rg i;r: OF / COPY AREA 4'-0'MAX. Nit t DEVELOPERS T 2 b NAME, LOGO, ETC. f 8 ARCHITECT REACTORS NAME EE LANDSCAPE ARCHITECT 5 b LOGO, ETC. CONSULTING ENGINEER 8 zt 1 GENERAL CONTRACTOR MAJOR TENANTS EE b FINANCIAL INSTITUTION fi,L a'TYP _ -"ice 1-T b -\--LT-1 zo L--r-, ,--- __ LT-1 _-_--_ T L-i I 1 L.. . _....K.- [ I �.�y L - t... (., I I ._- t... I 1 t...l -`___ / 4" X 4" TREATED WOOD POST. — 4" TREATED WOOD SLATS FOOTING AS REWIRED - TYPICAL WALLY 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 1111 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 CMSSArchiiecis.P.C. Page 1 of 12 F:193-JOIiS193000193000.461Addendw,(2)6-17-98.doc 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 V2'-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). Prepared by CUSS Architects,P.C. Page 2 of 12 F:193-JOBS193000193000.46 Addendum(2)6-17-98.doc 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. Prepared by CMSSArchitects.P.C. Pane 3 01'12 F:193-JOBS193000193000.464Addendrrrn(2)6-17-93.Joc 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 V2" 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 CUSS Architects,P.C. Page 4 of 12 F:193-JOBS193000193000.4614ddenduw(2)6-17-98.duc • 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 'V2 '— 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: Prepared by CMSSArchitects,P.0 Page 5 of 12 F-:193-JO13S193000193000.46W4ddendum(2)6-17-98.doc • Building Building Ground Maximum Maximum Height For Height Mounted Mounted Letter/Logo Height l; Sign SignFor 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 1 @ 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. Prepared by CMSS Architects,P.C. Page 6 of 12 F:193-JOBS193000193000.46Uddendu,n(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" = 1'-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" = l'-0" or 1/16" = l'-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." Prepared by CMSSArchiieci.e,P.C. Page 7 of 12 F:193-JOBS193000193000.46Wddrnd"n►(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 IB lc shall then be changed to read 6.03 lB 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 CUSSArcbi/ecis.P.C. Page 8 of I F:191-JOUS193000193000.46Wddendu,n(2)6-17-98.doc • EXHIBIT C MASTER LAND-USE PLAN Prepared by CMSSArchilecis,P.C. Page 9 of 12 F:193-JOBS193000193000.461Addendum(2)6-17-98.doc ♦•. ♦•♦4.•. ♦ `•:MXD ': AG- 1 LA\; USE ♦`'''`''''` . . . . . . . . 4 . 4 . . .. 4 . 4 . . . . . MEDIUM DENSITY OFFICE •••• ••••••4• 4•• 4 r ` V�DO ZONED I- 1 4` •4• �y• ���♦j♦♦♦♦♦♦♦♦�� `4*•`•`♦`•`♦♦•`•`•`4 ♦ ♦♦♦♦♦♦�� 4 . 4 . ♦ ♦ ♦ . ♦ ♦ .♦\ ,� ♦♦♦�♦' -j� RESEARCH 4. DEVELOPMENT *`•`• ♦•`•!♦♦♦♦�� ��♦♦♦♦j♦j♦j♦♦�4 - } R D ZONED I- 1 .+•+•♦•+*♦ ` P1�♦�♦�♦�♦• ��♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦ +4+., X MIXED USE DEVELOPMENT I AG- 1 • M D. . ZONED I- 1mii MIXED USE DEVELOPMENT ♦♦♦♦♦♦♦♦♦♦♦♦ 4��♦♦♦♦♦♦♦' ♦♦♦♦♦♦e`�c'�. . ❖.•.� M X D 2 ZONED D-2 ♦♦♦♦♦♦♦♦♦♦1� �4♦♦♦♦♦A ♦♦♦j♦♦♦♦♦♦♦♦ �o FOUNTAIN PARK ♦♦♦♦♦♦♦♦♦�• i�♦♦♦�♦♦� ‘ AL. 'it ►♦♦♦�♦♦♦♦♦♦♦� ���'�♦�♦�♦♦♦�♦��♦A• F M rK A Y _ ' lid Cs. ♦��♦♦�♦�♦♦�' ♦♦♦♦♦♦♦♦♦♦♦�♦♦�, '••4•••••.••0.w.' -•1• \• linsionimir-1,_ oril • AG- 1 t1 �♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦i/�iiiii iiiii• ,� 600'400' 200' 0' 400' Boo' 1600' ►� '►♦♦♦1 ♦♦♦♦���•�•�•�•�• R D •i•i•i•i•i i i` ►. ♦♦♦♦ o♦♦♦♦� • • • • • • • • • • • • • • • • • • ►♦♦♦♦•♦♦♦♦1,••••••••••••••�••••••••••••• __I i60 . ♦♦• •♦♦♦ 1000e • • • • • • 0 ,P•••.•0 . 4 ♦j�j M DO ♦�♦♦♦4 i •••••• .� •••••••••• •• • ♦♦♦• ♦♦♦ P•• • • •41 ••••••••••••••P� ♦♦♦♦4 ♦♦♦♦1 ••••••40 • • • • ••••• �I♦♦ .� ���♦� ��•.•••�•1 •1111.400.11.1• • • 1♦♦♦•♦ ♦♦♦♦♦� • ••••••••4 P P- H2 •�•�••••••• °�♦♦�� ♦♦♦♦♦♦�♦♦♦� ►�•�•�•�•�•�� WOW ► ♦♦ MDO ♦♦♦♦♦ • • • • • • • • .•...❖.❖.•.... ,/.1.1.=••••••............... -•❖. . .VmNz ❖i .•••••V•V ►.•.••••••••.•. . . • • . . . .1. .l ./.1./. .1.1././. MX D 2 T .❖.•.. MXD2 •...•... !1'i'JIiiik • .❖.•. ••••.•i' • 1 •£❖.•••••••i•.•.' pO.Q❖.•.❖.❖.❖.•.V ,•••••.•.••••••.•.❖.•i 7•❖.••YAVAVAV.❖AV.'.•i 0•••••AG- 2 i•V•W�i••�•�••�'" ...0 .TAVAVAiiii AVi ��::s� GENERAL BOOTH & A•A•�' AG-2 BOULEVARD • • Ors MASTER ELAN LAN) USE/ ZONING EXHIBIT F 1 JOGGING TRIAL MASTER PLAN Prepared by CMSSArchilects,P.C. Page 10 of 12 F:193-JOBS193000193000.46Uddendum(2)6-l7-98.doc 1 '^ PA HI(TYP}PHALT .\ -- '� ���� \ %~°� 5' WIDE CONCRETE _. . i \ , PATH (TYP) .41 11% ; % 1 ; : b , -1----L__I it \ , i i -., ' ; ; 1 110 c"----- rMM-y Y•111.• A. - 1 ' I 'GENERAL If BOOTH --- ---------j BOULEVARD 0' 250'500' 1000' 2000' 3000' ME MM. INEMEIMMEN 2) MIN 0 JOGGING TRAIL MASTER PLAN • EXHIBIT I SCREENING FOR SITE UTILITIES AND LOADING AREAS • • Prepared by CMSSArchilecis,P.C. Page 11 of 12 F:193-JOBS193000193000.461Addendum(2)6-17-98.dac .} r , EVERGREEN TREES/ 'fin( i SHRUBS AS REQUIRED - d _ _ -:_ - 10' MIN. _ "" 1 il ,cif NM A - WALL � ,.T,. _ EVERGREEN SHRUB MASSING 4' TO 5' IN HEIGHT LOADING • AT INSTALLATION • • _ -• ' . TRANSFORMER • t• • • • • ••. " • BLDG... • . .I . ••• t•. ark; �' v! •Yv; ,l(r�:r .Y.�, K„•; f I. • . '. S. 1• .•. S .' _ . ri.�`L:nt A'if �<) l . . f' 10' MIN. ,i . . - : •• ••, • - • .. ; . _� • • iirI v/ �IIAM '` V�11A 1 1YY \ . - , '•..•• 1II(11I19 Ait . • \ SyJ - :.. ' ; TRANSFORMER EVERGREEN SHRUB • : % cAilAl '0�►' : : 3" MULCH WITH MASSING 3' TO 4' HEIGHT •. . . ; .•••• • . • •• • . SOIL SEPARATOR AT INSTALLATION ' ` ••' • - • : • • ' • • r ♦ ':•- ..-1 — EVERGREEN SHRUB MASS. 3' TO 4' HEIGHT AT INSTALLATION AS REQUIRED BY THE UTILITY CO. . 1 l SCREENING FOR SITE UTILITIES AND LOADING AREAS Mnrr• �r.izt=Etv WAI I ARE REQUIRED FOR CERTAIN SITE ELEMENTS. SEE 5.01 I W1A c. J EXHIBIT Q 1 SINGLE TENANT SIGN ON BUILDING • • Prepared by CMSSArthiiecis,P.C. Page 12 of 12 F:193-JOBS1930001930OO.4644ddLndaw(2)6-17-98.doc LA../1 I I-1NET\ 7f t\LL NOT EXCEED 105 SQ.FT. INCLUDING LOGO -----,----'-----7,7,-----,,,NN , ,` 77,..\\ ,...„....„ / \ 11 1 J i. • X i 1�~�-25% CLEAR MIN. �� �- - - i -- I _ __ I - I - '-50% COPY AREA MAX. �- T - 1- - T ti�----25% CLEAR MIN. _ i IVIINZiN.1>il w 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. Q; SINGLE TENANT ON BUILDING SCALE: 1 /8" - 1 -0 �`4ol�u+•sE40 - City of Virginia B each c C ow 4s OF OUR NATpN VBgov.com DEPARTMENT OF ECONOMIC DEVELOPMENT 4525 MAIN STREET (757)385-6464 SUITE 700 TTY: 711 VIRGINIA BEACH,VA 23462 September 28, 2021 RE: Corporate Landing Business Park Design Criteria Update Dear Neighbor of Corporate Landing Business Park, The City of Virginia Beach Development Authority(the"VBDA") is requesting to update the Design Criteria that were established for the Corporate Landing Business Park in 1990. A public hearing before Virginia Beach City Council is scheduled for this item on October 19, 2021 at 6pm inside the Council Chamber at City Hall. As a neighbor of Corporate Landing Business Park, we want to make you aware of this initiative and provide you with the opportunity to ask questions and provide comment. Please see more information about this below and contact information for comments and questions. What are the Corporate Landing Business Park Design Criteria? Dating back to the 1990 legal establishment of Corporate Landing Business Park (the "Park"), additional development restrictions were placed on properties within the Park to ensure a unified, qualitative park environment was developed. The Design Criteria document provides guidance on site design, setbacks, building design, landscaping and signage. Why is the VBDA requesting to update the Design Criteria? The current Design Criteria are over 30 years old and a modification is needed to remain relevant for market opportunities. Some key changes to the Design Criteria are: • Reduced redundancy with the Zoning Ordinance and current code requirements; • Updated residential neighborhood setbacks, building setbacks and parking lot setbacks; • Consolidated amendments into one user-friendly and attractive document; • More permitted flexibility with new and innovative materials and construction methods; and • Increased guidance on light industrial and advanced manufacturing building types. The existing and updated design criteria as well as a detailed list of changes can be viewed at www.yesvirginiabeach.com/vbda How does this affect my property? The modification request does not apply to your property, only to the neighboring VBDA-owned property and one property owned by FROB, LLC, see the map on the back of this page. This letter serves as a courtesy to keep you informed of what is occurring in your neighboring area. Corporate Landing Business Park Design Criteria Update September 28, 2021 Page 2 Corporate Landing Business Park Map Dam Neck Road FROB, LLC /1S , \ \ ', , ' nm e wd r e H -31,',,, -4, V ', .;.1 'r---''''' .1' - 1 'r\-- 't ,..---.:ry -.e&a. .h Legend 4 Business Park Limits \ VBDA Owned Property \ Craft Lane Lake/Stormwater Pond / ,417 Wetlands @ / .", Future Stormwater Pond �c 01 Cu/vertn z` Ve 84.. - ¢ c 'a9P Pooy G es0 o' boa "�:' C0 ��5 ot, f� �e Source:Nearmap. 0 BOO Feet If you have any questions or comments, please do not hesitate to contact Emily Archer by phone at (757) 385-2912 or by email at earcher@vbgov.com. Respectfully, Emily Archer, PLA Senior Planner/Urban Designer Department of Economic Development 1,4/ ' / / O a� -4 o�' // _atto /1 11 36.; . ' " , ' zi‘,� ..B2 B2 b� 4 'N,, ,s,s" ,, ci I/ 9* 4iB2 o . h..B.2 Southern Boulevard__ ______ ,/ /-7 / 11-7 12 11 / 2 7- �N VA Site Schaffer Construction W., `W ' Property Polygons 152 Newtown Road, 5790 Princess Anne Road s Zoning Building I .• =Nom =Elm Feet 0 40 80 160 240 320 400 480 � I ,.,,,,. , I S CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: SCHAFFER CONSTRUCTION [Applicant] JOE P. COVINGTON, JR., JANET R. COVINGTON, B. HARRISON JAMES, Ill, KAREN BONNEY FLEMING & JULIE BONNEY CROCKETT [Property Owners] Conditional Use Permit (Automobile Service Station) for the property located at 152 Newtown Road & 5790 Princess Anne Road (GPINs 1457948279, 1457947361). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: November 9, 2021 • Background: This is a request for a Conditional Use Permit to construct an automobile service station at the corner of Newtown Road and Princess Anne Road. The site is also located within the Newtown Strategic Growth Area (SGA). The applicant proposes to redevelop the site with a new 4,650 square foot convenience store and five fueling stations with 10 fueling pumps. The proposed building features an urban-style architecture with traditional materials of fiber cement panels and a vintage brick finish. The fuel canopy and the dumpster enclosure are designed to be complementary with the proposed materials on the building's exterior. To provide an attractive sense of place, the applicant is proposing an outdoor patio for customers and pedestrians to utilize. Landscaping features include two-foot high berms with evergreen and ornamental plantings at the intersection and along Newtown Road. An eight-foot tall monument-style freestanding sign with a brick base is also proposed at the intersection. • Considerations: In Staff's opinion and the Planning Commission concurred, the proposal is acceptable. The proposal reflects the recommendations for the Newtown SGA and the Special Area Development Guidelines for the Urban Area. This property is regarded as one of the gateways into the City of Virginia Beach and provides elements of the building design, site layout, pedestrian orientation and landscaping that meets these guidelines. The applicant worked with Staff to meet the guidelines for the Newtown SGA and the Special Area Development Guidelines for the Urban Area by relocating the building closer to the corner of the site to ensure the visibility of the fuel stations and parking areas are not prominent and elimination of unnecessary curb cuts reducing the existing five vehicular access points down to two. Schaffer Construction Page 2 of 3 The parking on site is sufficient and meets the off-street parking requirements for this use. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. While there is no known opposition to the application for the auto service station use, there were two speakers at the Planning Commission public hearing who noted concerns, rather than opposition, to the request. These concerns were related to the building's design, effective screening and buffering for the employees and patrons of the adjacent office building, and vehicular access to Newtown Road. To aid in alleviating these issues, the Planning Commission added Condition 4 that would require the installation of a privacy six-foot tall privacy fence with a row of evergreen trees that will be installed and maintained at a height of no less than 10 feet along the shared eastern property line. This additional condition is indicated below with underlined text. • Recommendation: On October 13, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1 . When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled "CONCEPTUAL SITE PLAN, 7-ELEVEN PRINCESS ANNE ROAD & NEWTOWN ROAD (VIRGINIA BEACH, VA)", prepared by Kimley-Horn, dated September 09/08/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building and the fuel canopy which shall remain free of a logo and stripping shall substantially adhere in appearance, size and materials to the elevations entitled "7-ELEVEN STORE, 5790 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA, prepared by buf STUDIO, dated 09/15/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscape Plan shall be reflective of the plant material depicted on the submitted Landscape Plan entitled "CONCEPTUAL LANDSCAPE EXHIBIT, 7- ELEVEN PRINCESS ANNE ROAD & NEWTOWN ROAD (VIRGINIA BEACH, VA)", prepared by Kimley-Horn, dated 09/08/2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. As depicted on the Landscape Plan, a six-foot tall white vinyl privacy fence shall be installed along the eastern property line with a row of evergreen trees installed and maintained at a height of no less than 10 feet. Schaffer Construction Page 3 of 3 5. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign", prepared by Everbrite, LLC, dated 09/03/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 6. All signage on the site shall meet the requirements of the Zoning Ordinance unless otherwise approved by the Board of Zoning Appeals (BZA). A separate sign permit shall be obtained from the Department of Planning & Community Development for installation of any signage. 7. Outdoor display of merchandise shall be permitted and screened from view from the public right-of-way, as depicted on the conceptual site plan referenced in Condition 1. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 9. Lighting for pedestrians shall be provided from storefronts using either indirect illumination from the building or direction illumination under canopies or awnings. 10.The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 11 .The applicant/owner shall submit a subdivision plat with the City of Virginia Department of Planning & Community Development to vacate the interior property lines. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. • 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 �i City Manager: 0)9 Applicant Schaffer Construction Agenda Item Property Owner Joe P. Covington Jr.,Janet R. Covington, B. Harrison James, Ill, Karen Bonney Fleming&Julie Bonney Crockett Cirynf Planning Commission Public Hearing October 13, 2021 Virginia Beach City Council Election District Kempsville Request Conditional Use Permit (Automobile Service Station) L'„ Y A rc"„e Staff Recommendation , ��4 S Approval Staff Planner AI _ Marchelle Coleman Location / 152 Newtown Road, 5790 Princess Anne Road -emir em Boulevard GPINs - I / 1457948279, 1457947361 o 4 4 Site Size /` m - e as s s r P 1.39 acres --E m s « e AICUZ •,Ni: o ? r° Less than65dBDNL fl) % 'tom ,` Watershed Chesapeake Bay Existing Land Use and Zoning District ` ' } w Vacant lot, office/ B-2 Community Business ''',F` t \. r Surrounding Land Uses and Zoning Districts �- - '` ` & ` North t`:, i/ Newtown Road ` a " , 1 City of Norfolk, office, restaurant L �. ,,, .,"4-fri t! - . ,. : , South `_, E 1i7 .rr`°-ro f r .r r- e}_. Princess Anne Road . - R t Pharmacy, shopping center/ B-2 Community • _ ., " .4, "; q SOU! _:u rd Business, I-1 Light Industrial , '��.., "c-"s'A" 2 ,,_ East . . , : 717 . 'a -- Office, commercial use/ B-2 Community - Business -- ;�4frow h�adQ i West :� �� '` _ 4. Newtown Road City of Norfolk, bank Schaffer Construction Agenda Item 1 Page 1 Background & Summary of Proposal • The 1.39-acre site at the corner of Newtown Road and Princess Anne Road is located within the Newtown Strategic Growth Area and is zoned B-2 Community Business District. • A portion of the property is currently developed with a row of office buildings while the remainder of the site was previously occupied by an automobile service station that has since been demolished. • The site is proposed to be redeveloped with a new 4,650 square foot convenience store and 5 fueling stations with 10 fueling pumps.The fuel sales require a Conditional Use Permit for an Automobile Service Station. • As depicted on the Conceptual Layout Plan,three of the existing five vehicular access points along the rights-of-way will be removed resulting in one remaining on Newtown Road where a new right-turn lane will be installed,and a second vehicular access point along Princess Anne Road. • The proposed convenience store features an urban-style architecture using traditional materials that features fiber cement panels with a vintage brick finish.The columns of the fuel canopy and dumpster enclosure will be built using the same architectural materials as the main building.An outdoor patio with decorative fencing is proposed for use by customers and as a feature to engage pedestrians in the surrounding area. • The landscaping features include two-foot high berms with evergreen and ornamental plantings at the intersection and along Newtown Road. If required for stormwater management purposes, a pond will be constructed behind the berm.A 10-foot wide landscape buffer is proposed along the streetscape frontage as well as building foundation plantings and interior parking lot plantings,as depicted on the plan. • An eight-foot tall, monument-style,freestanding sign with a brick base is proposed on the corner of Newtown Road and Princess Anne Road,as depicted on page 11 of this report. Building signage is also proposed on the site. According to the Zoning Ordinance,only one freestanding sign, no more than eight feet in height,and two building and/or canopy signs are allowed on this site. Due to the unique orientation of the building,the applicant is proposing an additional fourth sign at the rear of the building facing the corner of Newtown Road and Princess Anne Road.According to the applicant, it is the intent to pursue a variance from the Board of Zoning Appeals for the additional sign at the rear of the building. • The 31 parking spaces,depicted on the Concept Layout Plan, are sufficient to satisfy the off-street parking requirements for this use,as identified in the Zoning Ordinance. Schaffer Construction Agenda Item 1 Page 2 ij, Zoning History # Request 1 1 CRZ(I-1 to Conditional B-2)Approved 10/28/1997 '��� ' '' 2 CUP(Cosmetology School)Approved 02/24/2009 lr f,2 ° /t 3 CUP(Automobile Repair Garage)Approved 06/09/1998 � ` 4 CUP(Private Club, Lodge,Social Center,Eleemosynary .(', ill. (i('� Establishment,Athletic Club)Approved 11/08/1995 - 4fr?11.- ^pfr '"a nBiiuMYid 5 CUP(Automobile Repair Garage)Approved 07/13/2021 - '''"4•4 CUP(Automobile Repair Garage)Approved 10/18/2016 ET�- 17Li / u1fl ,l /j 6 CUP(Automobile Repair Garage)Approved 08/16/2017 4 i I r 82 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for an Automobile Service Station, in Staff's opinion, is acceptable. The proposal will contribute to the quality of the surrounding area by replacing aging office buildings and a vacant site with a new building that reflects the recommendations for the Newtown Strategic Growth Area (SGA) and the Special Area Development Guidelines for Urban Areas.The overall vision for this area is to establish a pedestrian friendly, walkable district that provides easy access to businesses from streets, bus stops,sidewalks, and adjacent structures. Given that the property is located at a highly visible intersection and is regarded as one of the gateways into the City of Virginia Beach,the elements of building design,site layout, pedestrian orientation,and landscaping were discussed at great length with the applicant.The applicant worked with Staff to provide an architectural design that is consistent with the Newtown SGA and with the Special Area Development Guidelines for the Urban Area,adopted by reference,as part of the Comprehensive Plan's Reference Handbook. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location,access and circulation, parking areas, landscaping, natural features,stormwater management as landscaping features, lighting,signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings at a street intersection be placed at the corner and parking and loading and services areas are sufficiently screened from view of the intersection. Consistent with the Guidelines,the building is placed at the corner of the site and plantings will be installed to provide an attractive screening along the rights-of-way. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced.The site layout for this project is designed to allow pedestrians to easily enter and exit the site and the building using the sidewalks.The Guidelines also recommends that bike racks are close to the main building entrances,so they are visible and convenient to use.The bike racks depicted on the concept plan are consistent with this Guideline. Schaffer Construction Agenda Item 1 Page 3 Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off- street parking areas should be located behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts.To address this Guideline,the parking lot,as depicted on the Conceptual Layout Plan, is located behind and on the side of the building. Also,three existing curb cuts will be eliminated reducing ingress/egress access points from five down to two,one entrance on each roadway. Landscaping—This Guideline emphasizes that the need for quality landscaping is essential to the built urban environment.The corners of significant street intersections,gateways or site entries should be enhanced by special landscape treatments.The Conceptual Landscape Plan for this site depicts landscaping beyond the minimum standards which includes two-foot berms at the intersection and along Newtown Road,a potential pond, as well as evergreen and deciduous trees,shrubs,and plantings at the intersection.The Guidelines indicates that fences should be complementary to the building design and the open space should be visible from the sidewalk allowing passersby to see directly into the space.The site proposes an outdoor area that is visible and accessible from the rights-of-way.A decorative fence is planned that will complement the building's design and provide definition to the space with transparency for visibility. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since the site is entirely impervious,there are no known natural features on this site that are proposed to be protected. Stormwater Management as Landscaping Features—This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities.To address this, if a stormwater pond is deemed necessary,a potential pond is depicted on the Conceptual Layout Plan at the intersection of Newtown Road and Princess Anne Road as part of the open space and landscaping features. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided from storefronts using either indirect illumination from the building or direction illumination under canopies or awnings,which is noted in Condition 8.The proposed site is deemed to be consistent with the lighting Guideline,as lighting is proposed to reduce glare and trespass under the canopies, internal parking lot areas,and under the awning on the building. Signs—As indicated in this Guideline,signs should primarily serve to identify the name,street number and nature of a business.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance.All signage as proposed appears to meet the intent of this Guideline with regard to color,theme and identification content; however,an additional (third) building sign is proposed on the rear of the building facing the intersection of Newtown Road. Based on this,a Board of Zoning Appeals variance will be requested to address the additional signage. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. Despite this, at this time,the proposed Conceptual Layout Plan does not indicate any outdoor art for this site. In synopsis,the applicant revised the plan to relocate the building closer to the corner of the site so that the fuel stations and parking areas are not prominent. In addition,the applicant submitted a quality landscaping plan; minimized unnecessary curb cuts;and eliminated parking between the building and the street, ultimately enhancing the views from the rights-of-way. As the proposed use is not specifically recommended in the Newtown SGA Plan for this site, design and land use compatibility were considered paramount in Staff's review.As presented,Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress, interesting and quality architecture, and landscaping beyond minimum standards. Schaffer Construction Agenda Item 1 Page 4 Historically,Conditional Use Permits for Automobile Service Stations have been conditioned to exclude vending machine and outdoor merchandising outside of the building associated with fuel sales in an effort to maintain orderly and attractive sites.Additionally,the Retail Design Guidelines found in Section 245(e)(2)of the Zoning Ordinance state that vending machines shall not be visible from a public street,and that if vending machines are present, building facades should include an area screened from public streets but visible to security personnel.As depicted on the Conceptual Layout Plan,a screen wall with landscaping is proposed to screen the outdoor merchandising visible along Newtown Road.Staff is supportive of the extra measures to increase screening, in this instance,and recommends a condition that the outdoor display of merchandise may be permitted if screened from view from the public rights-of-way. As mentioned previously,one of the existing entrances along Newtown Road and two of the entrances along Princess Anne will be removed, leaving one entrance into the site on each of these roads. In addition,the existing access connection to the office space east of the site will be preserved.A right-turn lane has been proposed along Newtown Road to ease access into the site with entrance being directly next to an intersection.Traffic Engineering will evaluate the turn lane further during final site plan review and the site plan will be reviewed by the City of Norfolk, as this portion of Newtown Road is located in Norfolk. Based on these considerations,Staff recommends approval of this request with conditions noted below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled "CONCEPTUAL SITE PLAN, 7-ELEVEN PRINCESS ANNE ROAD&NEWTOWN ROAD (VIRGINIA BEACH,VA)", prepared by Kimley-Horn, dated September 09/08/2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The exterior of the proposed building and the fuel canopy which shall remain free of a logo and stripping shall substantially adhere in appearance,size and materials to the elevations entitled "7-ELEVEN STORE, 5790 PRINCESS ANNE ROAD,VIRGINIA BEACH,VA, prepared by buf STUDIO, dated 09/15/2021,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy.The Landscape Plan shall be reflective of the plant material depicted on the submitted Landscape Plan entitled "CONCEPTUAL LANDSCAPE EXHIBIT, 7-ELEVEN PRINCESS ANNE ROAD& NEWTOWN ROAD (VIRGINIA BEACH,VA)", prepared by Kimley-Horn,dated 09/08/2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. As depicted on the Landscape Plan,a 6-foot tall white vinyl privacy fence shall be installed along the eastern property line with a row of evergreen trees installed and maintained at a height of no less than 10 feet. 5. The freestanding sign shall be monument style, be no taller than eight (8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance,size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign", prepared by Everbrite, LLC,dated 09/03/2021,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 6. All signage on the site shall meet the requirements of the Zoning Ordinance unless otherwise approved by the Board of Zoning Appeals (BZA).A separate sign permit shall be obtained from the Department of Planning&Community Development for installation of any signage. 7. Outdoor display of merchandise shall be permitted and screened from view from the public right-of-way,as depicted on the conceptual site plan referenced in Condition 1. Schaffer Construction Agenda Item 1 Page 5 8. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded, and focused away from all adjoining properties. 9. Lighting for pedestrians shall be provided from storefronts using either indirect illumination from the building or direction illumination under canopies or awnings. 10. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance. 11. The applicant/owner shall submit a subdivision plat with the City of Virginia Department of Planning&Community Development to vacate the interior property lines. Said plat shall be subject to review and approval of the Department of Planning&Community Development,and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Newtown Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities,and a variety of civic,commercial,artistic,and ethnically diverse areas. Transformation of underutilized commercial properties into a series of mixed-use development opportunities and public infrastructure improvements are key initiatives in the Newtown SGA Master Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the property is almost entirely impervious,there do not appear to be any significant nature or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 27,400 ADT1 32,700 ADT 1(LOS°"D") Existing Land Use 2-1,643 ADT No Data Available Proposed Land Use 3—2,305 ADT Newtown Road (City of Norfolk roadway) 32,700 ADT'(LOS°"D") 'Average Daily Trips 2as defined by an automotive 3 as defined by an automotive 4 LOS=Level of Service service station with convenience service station with convenience store with 8 fueling stations store with 10 fueling stations Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Schaffer Construction Agenda Item 1 Page 6 Princess Anne Road, in the vicinity of this site, is a four lane minor arterial roadway. Princess Anne Road has a variable width right-of-way and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no roadway CIP projects scheduled for this segment of Princess Anne Road. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,September 26, 2021 and October 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 27, 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 October 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31, 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 October 25, 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 November 5, 2021. Schaffer Construction Agenda Item 1 Page 7 Proposed Conceptual Layout Plan Vr . 1L7 . -— - '''.' -''' -- . .' ' - 4- s _♦4 e s gI.., CD / �i t ., / i 60/ / ••.s,` ..''Sor,a uomu t "// :-' ' • . . t 1 l I)kir 7, I r ...,.... ... , .1.1."' a r,_,,,...„ , I., d ,N i i ' ' ' L 1NZacr<mn 14%:\,,,,,4:::,44\'‘.`< :,14rAiiiii ."7":::14," .,66. i'77. - - " ...--r:'-* ,._ ,. Schaffer Construction Agenda Item 1 Page 8 Proposed Conceptual Landscape Plan Iv .: : �o \ ` ,� t 44 0 / 7- i � �\ \ \a -1_'\� ' ` Ot [7 )m INIM f 0 FF / er l. ,► •_ T:/" io y .ac ►o • irtr prom, At . ,- . �,F�% \ .:''' /7.1 • o� ......�/ i .ire . . a ` 4.ix. . _ Schaffer Construction Agenda Item 1 Page 9 Proposed Building Elevations t iii, 4, fit Ai —FT ma [ T } I - t 7 J -- .0...`. I- I I I I I CIeampati-mow FAST ,4417'' lair- t. ,.. — :r MEM NI, ( I I ia •............,.... .. a -_ Schaffer Construction Agenda Item 1 Page 10 Proposed Monument Signage G.1316'C6bn61 .. 6 1 d16'Cabinet"baron Cabinet to be sheet justified- iliri , jEIf(on 1 ELEVEII Regular I m III a a t„st W1 Diesel Roo T ;; : • • I.* Schaffer Construction Agenda Item 1 Page 11 Site Photos 3 t .1 I _e .,�-ter 1 s wa*--,.-j.i,',,,7,'",-:',,.",';:;.::'r--'—'1;-"'',-':.:::::'4';'::':'t',:-:':.:„':*-s'!'-.;-''-.II',''.','::.-.':'-.:':'i'-'f--*:;-t.- --:...;'---t--''':=T''',- :.:C",,':';',-.-:.'.,;''''..,."-7,-'-:'''',.../.-,-..,.;-'' w o- f s .sue- ...-" P ,*xis; t, Y++' £ t v+ z q '' '.nC' -1 Y ltn. Schaffer Construction Agenda Item 1 Page 12 Disclosure Statement Disclosure Statement Vri3 Coy of Vi imo&vc} 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 Schaffer Construction,LLC Does the applicant have a representative? .Yes ❑ No • If yes,list the name of the representative. Kim ley-Horn Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?•Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Thomas Schaffer,Managing Member Michael Schaffer,Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Virginia Beach SEI,LLC;Northgate Real Estate,LLC 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Schaffer Construction Agenda Item 1 Page 13 Disclosure Statement Disclosure Statement 'NB City of Virgin Bede Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? •Yes ❑ No • If yes,identify the company and individual providing the service. SL Nusbaum 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 D No • If yes,identify the firm and individual providing the service. Buf Studio/Ryan Faust 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 I Schaffer Construction Agenda Item 1 Page 14 Disclosure Statement Disclosure StatementVi3 City at tlevtale&IA Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn/Jeremy Yee 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Troutman Pepper Hamilton Sanders LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Tom Schaffer,Managing Member Print Name and Title 5/24/21 Date Is the applicant also the owner of the subject property? ❑Yes IN No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No changes as of Date 10/19/2021 Sign•tu, Print Name Marchelle L. Coleman Revised I1.09.2020 3 I Schaffer Construction Agenda Item 1 Page 15 Disclosure Statement Disclosure Statement City Planning&Community Development Owner Disclosure Owner Name Joe P.Covington,Jr.,Janet R.Covington and B.Harrison James,Ill Applicant Name Schaffer Construction Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.be'ow, (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?❑Yes I.No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Pareet-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessng 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 lid)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. 1109 2020 5 I ' Schaffer Construction Agenda Item 1 Page 16 Disclosure Statement Disclosure StatementVB cHV^/1'•ynw duff 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 Si No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No • If yes identify the firm and individual providing the service /.�/x'v /11(117e4 4. Does the Owner have services from an architect/landscape architect/land planner proviced in connection with the subject of the application or any business operating or to be operated on the property?❑Yes in No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IR No • If yes,identify the purchaser and pur Lhaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I•No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes III No • If yes,identify the firm and individual providing the service. Revised II 09.2020 6 Schaffer Construction Agenda Item 1 Page 17 Disclosure Statement Disclosure Statement VB Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ill 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 hearirg,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. ,494( (\ravAii:W 606. 6- Owner nature (�(/�' (.- Xr1Z CDd/r �j n lkiv`t CovAy#a fhb s- ��iri7 J ,TA-,..,£s, Zrr Print Name and itle �-- A6101/ Date Revised 11 09?020 7 1 Schaffer Construction Agenda Item 1 Page 18 Disclosure Statement Disclosure Statement ‘43 .04 W Planning&Community Development —"*"....,,s\ Owner Disclosure Owner Name Karen Bonney Fleming )t11t£ 1t7��� �G.Cc k12- Applicant Name Schaffer Construction Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ISINo • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 51 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 Schaffer Construction Agenda Item 1 Page 19 Disclosure Statement Disclosure Statement ;'au q;4`y��ltwafi 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 J 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? IV Yes ❑No • If yes,identify the company and individual providing the service. ) tt C ;, ! .��,shzu,�, �e , 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IR No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?0 Yes E 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 14 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 a No • If yes,identify the firm and individual providing the service. Revised 11.0970.,u 6 Schaffer Construction Agenda Item 1 Page 20 Disclosure Statement Disclosure Statement cdo uJ rhvaal/rtaA ,., 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'2+Yes ❑No • if yes,identify the firm and individual providing legal the service. .)31n N ,a,Z., L. \)Fii, C . ON m'0�� Pt, Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing;I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature `_Stsl\t 0n 1f1/4-) V_tLet-V E4. 1.WiI�Q� Print Name and Title NA-t1 , 2ua1 Date Revised 11.09.2020 7 I P a r.; Schaffer Construction Agenda Item 1 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Schaffer Construction Agenda Item 1 Page 22 Virginia Beach Planning Commission October 13, 2021 Public Meeting Agenda Item # 1 Schaffer Construction [Applicant] Joe P. Covington, Jr., Janet R. Covington and B. Harrison James, III & Karen Bonney Fleming & Julie Bonney Crockett [Property Owners] Conditional Use Permit (Automobile Service Station) 152 Newtown Road, 5790 Princess Anne Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our only agenda item today is agenda item number one, Schaffer Construction. It's an application for a Conditional Use Permit Automobile Service Station on property located at 152 Newtown Road, 5790 Princess Anne Road, located in the Kempsville District. David Weiner: Welcome, sir. Rob Beaman: Thank you, Mr. Chairman, Mr. Vice Chair, Members of the Commission. For the record my name is Rob Beaman, I'm a local land use attorney with the Troutman Pepper Law Firm. Here today on behalf of the applicant, Schaffer Construction. This application involves the redevelopment of the commercial site located on Newtown Road and Princess Anne Road in the Kempsville District. This was formally the site of a BP gasoline station and a small commercial strip center, which is actually still on the property. As this site is located in the Newtown SGA, we've worked hard with staff over the past several months to make sure that this is an attractive addition to this corridor. To that end, the applicant has flipped the orientation of the building from what you typically see with a gas station. Here, the building would be up against the corner on the right of way, and the gas pumps would be in the rear. Additionally, we've added some articulation to the rear elevation with some glazing and an entryway feature that you can see on the elevation to dress up the back to make it more look like a front elevation. And then finally we've added additional landscaping and berm at the corner and along both rights of way to really accentuate this property as a gateway to the city. The other thing I wanted to mention is that we will be closing three of the existing five access points on the property to consolidate access and make for a safer, more efficient, traffic path. We are leaving open two access points, one on each right of way. For all these reasons, we 1 believe that this use will be an attractive addition to this corridor and is in keeping with the Newtown SGA plan. I did speak with Ms. Turner, Donna Turner, who's a representative of the Commercial Condo Association located to the east of the property, and as a result of that conversation, I wanted to put a couple of things on the record for you today. First, my client is willing to add a fence. Right now we're showing a landscape buffer between the two uses. We're also agreeable to add a fence and we will be modifying the site plan between Planning Commission and Council to reflect that fence. And then additionally, there was a question for Ms. Turner regarding the access from the egress from the commercial condo up to Newtown Road, through the 7-Eleven site. We are not intending to block that off and we'll make that clear on the site plan if we need to between Planning Commission and City Council. I do understand that Ms. Turner is here to express some questions and concerns from the Association, and we look forward to continuing the conversation with her and the Association even after today. So, with that, appreciate y'all's time and consideration and we'll stand by for any questions. David Weiner: Any questions?All right, we'll talk with you later. Rob Beaman: Thank you. Madam Clerk: Mr. Chair. We have two speakers. Calling Donna Turner. David Weiner: Welcome, ma'am. Donna Turner: Hello. Is it okay to take my mask off? David Weiner: Sure is. Donna Turner: Okay. I am vaccinated. David Weiner: 2 In part so we can hear you. Donna Turner: Okay. David Weiner: Thank you. Donna Turner: Good afternoon Commission and everyone who is here. I do have handouts that will describe what I am going to be talking about. I am representing the Newtown Professional Park Owners Association. We are a Virginia- David Weiner: Ma'am, if you wanted to hand them over there, then she could send them around to us, if you'd like to do that. Thank you. Donna Turner: As I said, I am representing the Newtown Professional Park Owners Association. We are a Virginia condominium, and we are governed by the laws of Virginia. We have a Board of Directors consisting of a President, a Treasurer, Secretary, as well as one additional Director. That additional Director is me, the lucky duckey. As you get the handout, I would like to take a second or two to introduce myself the same as you did. I am a 49 and a half year retired veteran of NASA Langley Research Center, and a couple of other federal installations. I am also not an engineer, and so I hope you will have some level of tolerance for whatever it is that our owners have asked me to report to you. The Newtown Professional Park is consisting of 14 individual, individually owned office condos. Each office condo is governed by the Virginia Condominium Laws and all of us have come together to express some concerns as well as questions. We neither oppose or approve or support this project. And we do not- Donald Horsley: Can I ask something? Sorry. Can I just ask,just for clarification, are you next door to this? Where are you? Donna Turner: We're east, so behind the new site. We are the two U-shaped buildings. 3 Donald Horsley: Thank you. I just didn't know where you were. Thank you. Sorry to interrupt. Donna Turner: All right. So let me just jump into this. And again, I have a list of concerns and questions, and they are an amalgamation from all of the owners. Donna Turner: The first thing that is on page two, the concern is that the placement of the underground gasoline tanks along the north slide of the property,we feel like that is problematic in that it inhibits access by fire protection officials and fire vehicles. Also, placing the underground gasoline tanks so close to our property line may lower our property values due to the hazardous materials, i.e.. gas, stored in these underground tanks, and the potential emission of biohazardous vapors. This is well known in gas stations and service stations, and it is benzene, and so we are very concerned about that. For each of the concerns or questions we have, we have a recommended solution and, where necessary, I have put a footnote in to describe where I am getting this information from about benzene releases and fire concerns and so forth. So that is our first concern about the placement of the gas tanks. Now, I will tell you that our owners had some aesthetic input in terms of we want, blue and not red, or we want trees and not bushes, or whatever. Those are in here. It is up to you to take into consideration these aesthetic recommendations, but where there is a safety or any kind of proposal that may inhibit our ability to continue to conduct business in a productive way, that will make our clients feel comfortable, that is in here also. Concern number two has to do with the proposed location of the three dumpsters. Those three dumpsters are sitting right directly in front of the entrance to building A, which is at 156 Newtown Road. And on this diagram, the words dumpster enclosure is written right on top of building 156, and that building has all of the A units, from Al to A7. And what we would like to ask is that those dumpsters be relocated. I don't think any of you would want to willingly have dumpsters sitting at the front entrance of your building or place of employment. We are very concerned about the ongoing problem with rodents, particularly Norway rats, in the Kempsville area, and so we know that, because we have a dumpster, we know that mitigation of pests, rodents, flies, smells, and picking up trash, making sure that things look attractive, is an ongoing concern with convenience stores. We know that. We have a dumpster and we know what that can be like. Again, we have a recommended solution to perhaps move the dumpsters either to the Princess Anne Road side or closer to the new proposed 7-Eleven building. Concern number three we think may have been addressed. The entrance to our Professional Park from Newtown Road is a one way entrance in, and it is sitting right next to the entrance 4 into the newly refurbished old Chartway Federal Credit Union building. I think that's what everybody refers to it. Where the DroneUp offices are now. So our entrance on Newtown is a one way entrance in, and we were very concerned about the appearance there would be no exit onto Newtown Road. But as Mr. Beaman has explained, the exit will be through the 7-Eleven parking lot and back out onto Newtown. We do not prefer that, we prefer that our exit remain where it is, but we believe that if that is not possible, we can probably live with it. We will be unhappy, but we can probably live with that. Concern number four has to do with building line and setback regulations. Now, Mr. Beaman shared that the city planners worked very closely with the applicant to come up with this particular site plan and that the recommendation is that the rear of the building be on a slant and that it face the entrance, or gateway, into the city of Virginia Beach. That appears to be a little bit odd to us. First of all, because it is not following what we understood to be setback rules or any other current building line regulations as established by the City Planning Department. So we're a little bit confused about that. Aesthetically, we have ideas about how that could be better, but, again, it is aesthetics. And we believe that perhaps if the entire thing was flipped where the building back faced our building and the pumps faced the intersection of Newtown and Princess Anne might look a little better. Again, I will say aesthetics. Number five, we believe that we may have gotten an answer about that. We know now that there will be fencing and there will be softscape plantings, as well as some type of short or low brick wall. We are concerned about trash mitigation. We are concerned about whatever it is that we need to do to keep our area clean and neat. Number six is access and circulation. Again, there is a strong recommendation from the staff that this be a walkable area and that there be bike racks and that there is an outdoors seating area for eating outside and lots of pedestrian walking traffic. We are, and will continue to be, alert to whether or not pedestrians or people who are driving may find not a parking space on the site, and then come around and park into one of our parking spaces and walk over to the convenience store. Number seven, parking areas. Same thing. Number eight, landscaping. We may have a answer to that. Number nine is access to the site. We've talked about that, and we believe we would in fact prefer to have the current access out onto Newtown Road. David Weiner: I don't mean to cut you off. Go ahead and take your time,just start wrapping up since you're almost out of time. Donna Turner: Number 10 on here is that we have no comments about natural features, storm water management, lighting, or signs. 5 David Weiner: That was quick. Thank you. Seemed very thorough here. Any questions? Dee Oliver: I do. Mrs. Turner, I have a question for you. I'm on Google Maps and currently there's a strip, or there was, a strip mall between you all and, I guess, the BP gas station that was there at one point. I'm getting a nod yes. It looks like you're parking lot just sort of... You all parked against that back. Donna Turner: Yes. And that is partly why we are concerned about a couple of things. At one time just until the recent past, there was the Virginia Winery located in that strip building. And while it was nice to have a winery close by, it was difficult for winery patrons to find it or access it or figure out how to get in there, and so we would often have numerous cars parked in our parking lot, and people would walk around onto Newtown, onto Princess Anne, and walk around and find the winery entrance there. Dee Oliver: Can you tell me about where, because I know you are concerned about the location of dumpsters, and I don't see them on Google maps, where you all have your dumpsters. Donna Turner: Can I walk over and show you? Dee Oliver: There's a pointer right there on the podium. David Weiner: It should work. Dee Oliver: It's on the ceiling. There you go. Donna Turner: So, this is our building, this is the B building, and our dumpster is right here, all the way in the back. And there is a driveway back here, even though you see a lot of tree overhanging, there is a single lane driveway back here, and that empties out onto Princess Anne. 6 Dee Oliver: Okay. Thank you. David Weiner: Jack. Jack Wall: You talked about your ingress and egress from the site and I think I followed it somewhat, but can you describe that a little bit more, the existing pattern and what you're trying to achieve or what you would like to see? Donna Turner: Yes. So right now, when you come off of Newtown you come in right here and you are able to turn in right here. And this is a one way in. If you want to go to the old Chartway building, you take the same entrance and go this way. So when you want to egress out onto Newtown, you come back through the parking lot and the exit onto Newtown is right here. Because this is a one way one lane in, and this is a two lane out or in, to get back onto Newtown. Donna Turner: We're really concerned about, first of all, having to go onto the property of the 7-Eleven to exit, and our clients are probably going to be concerned about that because the only other exit out is here onto Princess Anne, and this would necessitate, because there is a median, it would necessitate a right turn to go to the light, to turn right, to go wherever they're going. Jack Wall: But I think that it's proposed that there's still going to be access now, to that entrance off of Newtown. Donna Turner: This entrance will be here, but it's a one way in, it is not out. It's a one way in. And what we're being told is that to get out onto Newtown, we have to drive onto the 7-Eleven property and go out right here. Now our current exit is right here where this little symbol is. Jack Wall: All right, thank you. Dave Redmond: So, where the current exit is, is that on the property of the little retail strip center? 7 Donna Turner: It is an easement that is shared by both and it has been in place for just about 50 years. Dave Redmond: Okay, so you have an easement there. Donna Turner: Yes. And the easement is shared. Dave Redmond: Gotcha. Jack Wall: So they're going to maintain that easement,just shift it down to that one that's a little bit further south. Dave Redmond: So you have an easement, you'll still have an easement. Is that correct? Donna Turner: My understanding is that if one of the people, businesses, whatever,who shares the easement has to get permission from the other easement owner. So the easement, in my understanding is that it is co-owned by the Covington Building people, the people who own that, and the Newtown Professional Park. Dave Redmond: Gotcha. Donna Turner: And so we have not gotten, and maybe that's something that's coming, but we have not received any kind of request to modify the easement or change it in any way. Whitney Graham: I'm assuming that where you have an exit now and where you have an entrance from off Newtown, it seems like they're very close together. Donna Turner: 8 Yes, they are. Whitney Graham: I would assume traffic probably didn't want them that close together, is my guess. Donna Turner: That could very well be. Whitney Graham: It's a safety thing. Donna Turner: It could very well be. But the point is, we are being asked to drive onto someone else's property to exit rather than use our portion of the easement. Whitney Graham: Gotcha. Donna Turner: And again, it could be that the easement request, or whatever has to happen, will happen. It has not happened yet. David Weiner: I've got a question for staff real quick. Mr. Tajan, that existing easement, the shared easement, is that recorded somewhere or is the owner just being kind enough to let them use that exit? Robert Tajan: I think it may be best to ask Mr. Beaman to see what legal easements exist. David Weiner: No problem. I understand. Robert Tajan: I will confirm for Mr. Graham that they are currently driving over the existing property of the Covington property to that exit. As typical, as Mr. Graham noted, the location and proximity of that one entrance to the other existing entrance, which services multiple properties, is of concern, which is why traffic engineering has that one closed during this redevelopment and requires the shifting away to have the proper distance. 9 David Weiner: I noticed when we were onsite actually discussing this, that was my main concern, I said, "Wow, you're going to still keep that opening, and they're very close to each other."And traffic engineering is still allowing since they're still very close. Robert Tajan: Well not the closest one, but the further one- David Weiner: The further one is, yes. Any other questions? Donna Turner: I want to say about that, we would be okay with some other arrangement, we just want to be able to exit onto Newtown as well as exit onto Princess Anne. So whatever it is, it certainly can work out to be to everyone's advantage, and we're not hard over on keeping what we have, we just need a safe Newtown exit. David Weiner: What kind of businesses are in there? Donna Turner: We have accounting businesses, attorneys. Some of you may have seen the Escape Room facing Princess Anne Road. We have a private ambulance business, another accountant, we have another attorney. So mostly professional services. David Weiner: All right, sounds good. Any other questions? No? Jack Wall: I just have one. David Weiner: Okay. Jack Wall: It just seems also, this is just general statement, it seems like it's going to be more open with the strip mall gone, meaning that it'd be more visible, all those businesses. 10 Donna Turner: Well, what Mr. Beaman just told us is that there will be a six foot fence all the way across the entire perimeter, as well as softscape that will grow to approximately 15 feet and be dense, so it will be more open, but not, and more attractive rather than looking at the rear of a building. David Weiner: I have to say, I live in Carolanne Farms and from what's been there for the last 20 years I've lived in Carolanne Farms, this is going to make it look more attractive. Donna Turner: Well, I think soft scaping and fencing will be a good thing. And some of this is TBD, to be very realistic about it. We hope that people won't park in our parking spots. We hope that the trash will be manageable. But we need to talk about this now. We can't go back in two years and say, "Okay, 7-Eleven, you need to help us pick up trash." David Weiner: Mr. Redmond. Dave Redmond: That's what the dumpster enclosure is for. Donna Turner: Dumpster picker upper trucks do not ensure that tops are back down on dumpsters. And this is a large size 7-Eleven with an emphasis on onsite food preparation, so it's the new style 7- Eleven, so we believe that there will be more Big Gulp cups and wrappers and whatever it is they're cooking. Dave Redmond: Thank you, ma'am. Donna Turner: Thank you very much. David Weiner: Another speaker? Madam Clerk: Yes, one more speaker. Joel Chou. 11 David Weiner: Welcome, sir. Joel Chou: Thank you everyone. May I take this off? David Weiner: Yes, please. Joel Chou: Okay. I do have two shots. And thank you for all the city's leaders and officers and the experts. And allow me to say I'm one of the 14 owners in next door, Newtown Professional Park. I'm there for close to 35 years. I'm living in this region. Actually, I bought my first house near the Newtown Library or gas station there, a townhouse. I live there for six years. But my office there. Before I become self-practicing, I'm an architect. That's my career. And I work for the largest architecture design firm. They're branch office located in [inaudible 00:36:50], now it's the international corporation. So I'm familiar with the area, I'm familiar with the 7-Eleven. They used to have three 7-Elevens on this street. There's another one close to Princess Anne, so I know their business expand. They are nice, nice people, and they run good business. People like them. I welcome they build a new one here. I'm exciting. But now I do have some opinion. Doesn't mean I against. The reason is I want to modify they're drawing design because I use my knowledge, if I can give contribute a little bit and also offer to the city to consider this, I think would be very helpful for this one. The first one was mentioned by Donna for this one. The first four concerns were written by me, so she include. But I just try to add a little bit sense in for this hearing. The first thing is this... Can you put that site plan again? So we have the major, consider this north side, architectural north, on the Newtown Road and the west side is... How do you call this? Princess Anne Road. These two are most congested road here, and if you go there maybe every day in the morning or in the afternoon, always congested. The problem is that people make turns. The car always stuck there. Both side. This is really a good area for business, but it's the worst area for traffic. So for this, since if you see this drawing very clearly,then see the photograph underneath, it's vague. The current our entrance is the easement for both their property, our property, has been there for more than 50 years. And that was good location because- David Weiner: 12 Sir, I need to ask you to start wrapping it up, okay? See the red light is on? Joel Chou: My time is up? David Weiner: Your time is up. Keep going though. Joel Chou: I'm sorry. I'm really sorry. I didn't realize so quick. So first thing I want the easement on this side to entrance and this side to enter into this property, I think the city engineer should pay attention to this one because the first and last thing we should do is a little bit of traffic study. When you add traffic of this gasoline stations, fill stations, that increase lot, and the convenience increase lot of traffic. That really can stop the traffic during the rush hour. And that's first thing. The second things is, their new entrance on the Newtown Road, actually it's a new entrance, it's not a current entrance. So our entrance become, make a u-turn into their property and then out. They also make the entrance narrower, like 20 feet wide, current one is 35 feet wide. It's good one. It's not only for the entrance to this property also from this way, people enter their properties and our properties. Donna didn't mention that. David Weiner: I do appreciate it. Thank you very much. Any questions? Joel Chou: I'm sorry. David Weiner: No problem. No problem. I will say,though, I have talked to traffic engineering because I had a little bit of concerns. What they've come up here with, I think is a very good situation because... Mr. Beaman will explain why the building really needs to be like this. Not only is part of the Newtown Comprehensive Plan, out of our Comprehensive Plan, but we're doing it as an urbanized type of feel, where the back of the building is up against the road and the gas pumps are on the inside. It's something we do in the city. Joel Chou: This is my profession too, I develop architecture site plan for all the developers and the government agencies, include federal agencies. I do have a lot of experience and I'm also familiar with the ordinance and the laws. So when developing [inaudible 00:41:06] not just from 13 this [inaudible 00:41:08]also from an aesthetic point of view, and also for the neighborhood, the concern. There's a lot of change. People don't realize when they build a new facility that will increase a new problem too, and also the good things too. So basically, we try to do a minimum the problems. David Weiner: I understand. Joel Chou: This is the way I want to contribute something. I totally agree if I can just further do this to help the developer, all they need is have a really good, experienced... What do you call this? Architects or engineers make a new architecture site plan. It's more appropriate to follow ordinance. That's my contribution. David Weiner: I appreciate it. Thank you. Any questions? Thank you, sir. Joel Chou: Thank you for everything. For opportunity. David Weiner: Mr. Beaman. Rob Beaman: Thank you, Mr. Chairman. First, I did want to say that we do appreciate all the feedback we've received from the condo association. And I spoke with Mr. Chou before the hearing today as well and gave him my contact information and we certainly look forward to continuing our conversations with them and working through these issues and giving them additional information. Couple things I just wanted to point out. With respect to the trash issue and the buffering and so forth, I did want to add that, I think it has been mentioned, currently there is no buffering between the properties now. We're proposing a double layer across the entire rear of the site and evergreen landscaping, and then also a fence. And then with respect to the dumpster itself, there will be a third layer of buffering with a dumpster enclosure that the city requires as well, which is on the elevations. With respect to parking, we are currently over parked. We're proposing more parking than is required under the code minimum, and all of that of course is pushed up against the building on 14 the opposite side of the site, so I don't think there's much reason or opportunity for folks to park on the condo's property. In addition to that, there will be fence dividing those properties, which will dissuade folks from doing that as well. Then in terms of access and traffic, this use is pretty much a passed by use where most of the traffic that uses this site is already on the corridor and is entering the site. Doesn't create a lot of destination trips and a lot of new users on the corridor. Additionally, from a traffic perspective, we are proposing a new deceleration right lane in on Newtown Road, which will be helpful. And of course, the two entrances instead of five will also make it a safer, more efficient, traffic pattern. So those are the things I wanted to emphasize or add. Thank you. David Weiner: Any questions? Yes? Robyn Klein: The Newtown Road access point that's there now, is that currently on this property? Rob Beaman: Yes, ma'am. There are actually a couple of them on Newtown Road currently. And the access that the condominium uses, which was described a few minutes ago, is currently on the strip center property, I believe, which is part of this larger development. Robyn Klein: So, they're still driving on the property now? Rob Beaman: That's my understanding, yes. Robyn Klein: It's just getting moved a little bit. It's not like they weren't and then now they are. Rob Beaman: That's my understanding. And I'm looking at our engineer to confirm for me, but I believe that's the case. Correct. Rob Beaman: 15 Yes, ma'am. Robyn Klein: Thank you. Rob Beaman: Yes, ma'am. David Weiner: Jack. Jack Wall: So there is an ingress/egress easement currently? Rob Beaman: Yes, sir. Jack Wall: It's going to be replatted to be- Rob Beaman: The intention is to leave their access open, it's not to disturb their entrance. Of course, we have the easement to contend with and the language in the easement, but also city regulation. So, between those two, we're going to arrive at a solution which pleases the city and the condo association, but certainly the intent is not to affect their access at all. Jack Wall: Okay. David Weiner: Any other questions? Yep. Jack. Jack Wall: The dumpster. I kind of feel for them, but at the same time, that just seems like the right spot for the dumpster. I mean, you could put up against the roadways. David Weiner: 16 I think it's a natural fit. Jack Wall: There's the buffering right there. I don't- Rob Beaman: Yeah, no, there are limited opportunities because we're on two rights of way and it's such an important corridor, and so that does seem like the natural fit. And I think we've tried to address that with the three layers of buffering. And, as Ms. Turner mentioned, the evergreens that are intended to be planted along the entirety of that back line will grow to 10 to 15 feet, so it should provide a nice buffer. Hopefully they won't even see the dumpster, not a lot of opportunity for things to blow on the site or anything like that. Jack Wall: What about the fuel? She mentioned about the fuel tanks. Rob Beaman: Yes, so fuel tanks located right adjacent to the canopy. I understand from our engineer those will meet all the current safety regulations, they'll be double walled with a monitoring system and so forth. So it's kind of a new world with gas stations and there's a lot of protections that are built in to the required codes. Jack Wall: So those protections would protect against fumes from the benzene and from potential hazards of risk for fire? David Weiner: Ms. Oliver. Dee Oliver: You mentioned the fence, which is not in the application, but y'all are going to add that in between now and Council. Rob Beaman: Yes, ma'am. Dee Oliver: Can you describe the height of the fence and what kind of fence are you all thinking about? 17 Rob Beaman: We are proposing six feet on the fence, and the reason for that's a good height of a fence, but also, it'll be backed up by the 10 to 15 feet of evergreen landscape. We have not decided on a material yet. David Weiner: Any other questions? No? All right, thank you, sir. Rob Beaman: Thank you very much. David Weiner: All right, we'll close this and open it up for discussion. Who wants to go first? Anybody? Mr. Redmond. Dave Redmond: I move for approval of the application. David Weiner: We have a motion for approval. Do we have a second? George Alcaraz: Second. David Weiner: We have motion by Mr. Redmond, a second by Mr.Alcaraz. Madam Clerk: The vote is open. What's that? Dee Oliver: Hold on for Bobby. David Weiner: I'm sorry, Bobby. Robert Tajan: 18 I think Ms. Oliver was getting to a good point. It was said on the record, but it was probably to assure that we get what is being proposed by the applicant. We should vocalize those conditions. So I think we should probably add that a six foot solid fence shall be added to the southern property line. David Weiner: That's not on the conditions already? Dee Oliver: No. David Weiner: I thought it was. Dee Oliver: Was the landscaping, the double landscaping, in the application? Robert Tajan: It is shown, but not the minimum height. So, I would also suggest that there's another condition that would state that the landscaping along the eastern, I'm sorry, the eastern property line shall be allowed to grow and be maintained at a minimum height of 10 feet. Dee Oliver: Perfect. Thank you. David Weiner: You catch all that? Whitney Graham: Sort of. Did y'all not talk beforehand, though, is what my question is? Robert Tajan: I think that was a quickly changing situation. Rob Beaman: It is evolving. We tried to communicate it to Ms. Turner. I told her I intended to address that. Dave Redmond: 19 Let's see. You might have to give me some crib notes. I move approval of the application with the addition of two conditions. One is that there be a... All right, help me out. Six foot property fence, six foot fence along. David Weiner: Boundary. Eastern. Dave Redmond: Along the Eastern boundary and landscaping on the... Which boundary? Robert Tajan: Eastern. Dave Redmond: Thank you. Eastern boundary, which will grow to a height of no less than 10 feet. Dee Oliver: 10 feet. Dave Redmond: I said 10 feet. Dee Oliver: I didn't hear you. Sorry. Dave Redmond: All right. 10 feet. Thank you. David Weiner: We have a motion by Mr. Redmond. George Alcaraz: Second. David Weiner: Second by Mr. Alcaraz. 20 Madam Clerk: Vote is open. By a recorded vote of 10 in favor, zero against, agenda item number one has been recommended for approval with conditions as amended. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled "CONCEPTUAL SITE PLAN, 7-ELEVEN PRINCESS ANNE ROAD & NEWTOWN ROAD (VIRGINIA BEACH, VA)", prepared by Kimley-Horn, dated September 09/08/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building and the fuel canopy which shall remain free of a logo and stripping shall substantially adhere in appearance, size and materials to the elevations entitled "7-ELEVEN STORE, 5790 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA, prepared by buf STUDIO, dated 09/15/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscape Plan shall be reflective of the plant material depicted on the submitted Landscape Plan entitled "CONCEPTUAL LANDSCAPE EXHIBIT, 7-ELEVEN PRINCESS ANNE ROAD & NEWTOWN ROAD (VIRGINIA BEACH, VA)", prepared by Kimley-Horn, dated 09/08/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. As depicted on the Landscape Plan, a 6-foot tall white vinyl privacy fence shall be installed along the eastern property line with a row of evergreen trees installed and maintained at a height of no less than 10 feet. 5. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign". 21 prepared by Everbrite, LLC, dated 09/03/2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 6. All signage on the site shall meet the requirements of the Zoning Ordinance unless otherwise approved by the Board of Zoning Appeals(BZA). A separate sign permit shall be obtained from the Department of Planning & Community Development for installation of any signage. 7. Outdoor display of merchandise shall be permitted and screened from view from the public right-of-way, as depicted on the conceptual site plan referenced in Condition 1. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 9. Lighting for pedestrians shall be provided from storefronts using either indirect illumination from the building or direction illumination under canopies or awnings. 10. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. 11. The applicant/owner shall submit a subdivision plat with the City of Virginia Department of Planning & Community Development to vacate the interior property lines. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 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. 22 0/ O\\, d0 B2 Oc AJR CAA 4* # ') A2_� 0 � �f�`D \�g2 � °Rice5D 1o� \ son /,:<;9.2 01;e:_________ -62 Cc--ean ,�B2 tilt4- � __ aBo urn yard Al2 p . ,B-2 B2 / �'., ° R Its B2g 0 . ;)4. A G 2 �. -g '4 S. - 1)\ ► Q i � - \moo ,�� TO ilit i► � �0 AG R�5D �' r B2 PI R5tt#.; ' �it,RSD �064.41._ ,itoi 'R5 c ��70 �B2 1 Illr N 'VA Site Virginia Beach Distilling, LLC W 'Aft 1375 Oceana Boulevard, Unit 142 � Property Polygons s Zoning Building M 1 Feet 0 50100 200 300 400 500 600 ^' 1 cyr-r �J i .�`� ��J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH DISTILLING, LLC [Applicant] OCEANA CROSSINGS, LLC [Property Owner] Conditional Use Permit (Craft Distillery) for the property located at 1375 Oceana Boulevard, Unit 142 (GPIN 2415489273). COUNCIL DISTRICT — BEACH MEETING DATE: November 9, 2021 • Background: This is a request for a Conditional Use Permit to operate a Craft Distillery to produce and sell vodka within 7,000 square foot unit in the Oceana Crossing Shopping Center. No changes to the exterior of the building or signage are proposed. The operation will contain a production area, a tasting room, office space, and an outdoor patio. • Considerations: In Staff's view and the Planning Commission concurred, the proposal to operate a Craft Distillery at this location is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban area, as it is compatible with the other commercial businesses located in the vicinity and within the shopping center. Previously, their label, "Beach Vodka" was marketed and sold in the area but was produced in other states. Approval of this request will bring their production into Virginia Beach. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received from a nearby resident who noted concerns with traffic and overall opposition to distilleries. There were no speakers in attendance at the hearing, other than the applicant. • Recommendation: On October 13, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 10-0. 1 . An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of Craft Distillery. Virginia Beach Distilling, LLC Page 2 of 2 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 6. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on any outdoor patio area. 7. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G -7 ' City Manager: 019 Applicant Virginia Beach Distilling, LLC Agenda Item Property Owner Oceana Crossings, LLC Planning Commission Public Hearing October 13, 2021 2 City of i City Council Election District Beach Virginia Beach Request Conditional Use Permit (Craft Distillery) Staff Recommendation Approval Staff Planner Hoa N. Dao III Location 1375 Oceana Boulevard, Unit 142 f GPIN r ac, 2415489273 11110 16,1106Li tiiik ` ! '° Site Size 4.10 acresilw CUZ \ --1. 4.449"--f--- -4.4.7*---; Greater than 75 dB DNL / Gr Watershed Southern Rivers Existing Land Use and Zoning District - Retail/ B-2 Community Business . -', a �' #A.. Surrounding Land Uses and Zoning Districts North ,'. i i -\1% - t Mini-warehouse / B-2 Community Business ,11.. :' South 4, xr Duplexes, church,woods/AG-2 Agricultural r East • '" � Oceana Boulevard, Eaglewood Drive ', 1 ' Vacant lot, woods/ B-2 Community Business West Flicker Way Duplexes, woods/AG-2 Agricultural Al • Virginia Beach Distilling, LLC Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to open a Craft Distillery in Unit 142 of a shopping center along Oceana Boulevard zoned Conditional B-2 Community Business District. This property contains a Craft Brewery as well,that was originally granted by City Council in 2018 and recently approved this summer for an expansion.An Open-Air Market for a food truck was also part of that request. • The 6,933 square foot Craft Distillery proposes to produce and sell vodka. The unit will be divided into a 2,282 square foot production area and a 4,651 square foot tasting room, patio,and office space. Previously,their label, "Beach Vodka"was marketed and sold in the area, but was produced in other states. • No changes to the exterior of the building or signage is proposed. The hours of operations will be 12:00 p.m.to 10:00 p.m.,Wednesday through Saturday and 12:00 p.m.to 6 p.m.,on Sundays. • It is the applicant's goal to hire up to seven employees within the first year of operation. Zoning History # Request 1 MODC Approved 07/13/2021 "" CUP(Craft Brewery&Open Air-Market)Approved 12/12/2018 < f c MODP Approved 01/12/2010 MODC Approved 04/08/2008 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 CUP(Gasoline Sales in Conjunction with a Convenience Store)Approved 05/09/2006 o AG 2 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 �� .«�� CUP(Gasoline Sales in Conjunction with a Convenience Store)Approved 05/09/2006 3 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 "°' 4 CRZ(AG-2 Conditional B-2)Approved 07/06/2004 rrt • CUP(Motor Vehicles Sales&Rentals)Approved 07/06/2004 • 5 CRZ(R-5D to Conditional B-2)Approved 08/26/2003 CUP(Mini-Warehouse)Approved 08/26/2003 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions or Proffers STC—StreetClosure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposed application for a Conditional Use Permit for a Craft Distillery, in Staffs opinion, is acceptable.The business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining"Great Neighborhoods"with complementary non-residential uses. Consistent with the existing approved Conditional Use Permit on this same site for a Craft Brewery, conditions are recommended that prohibit live outdoor music to ensure no disruption to the nearby residential uses.The existing brewery and food truck have operated without incident since 2019 and the proposed distillery is expected the yield the same result.The small distillery is compatible with other commercial businesses located in the vicinity and within the shopping center. It is anticipated that the proposal will not have any negative impacts on the adjacent properties. Virginia Beach Distilling, LLC Agenda Item 2 Page 2 Traffic Engineering reviewed and commented that the proposed Craft Distillery will not generate significant traffic beyond that of a traditional use within a shopping center. Based on these considerations,Staff recommends approval of the application,subject to the conditions below. Recommended Conditions 1. An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of Craft Distillery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. All signage onsite shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs,or accents installed on any wall area of the exterior of the building, in, or on the windows,or on the doors.A separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 6. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on any outdoor patio area. 7. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The 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. Virginia Beach Distilling, LLC Agenda Item 2 Page 3 Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Eaglewood Drive No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2—0 ADT Oceana Boulevard 28,700 ADT' 35,700 ADT1(LOS°"D") Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a vacant 5,253 3 No information available in the 4 LOS=Level of Service square foot unit and 1,680 patio ITE Trip Generation Manual for on a commercial B-2 property event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Eaglewood Drive, in the vicinity of this application, is considered a two-lane undivided urban collector. The existing infrastructure currently resides in a 60-foot variable width right-of-way and it is not designated on the MTP. There are presently no roadway CIP projects slated for this segment of Eaglewood Drive. Oceana Boulevard, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides within a variable width right-of-way. The MTP proposes a four-lane facility within a 145 foot right-of-way. There are presently no roadway CIP projects funded for this segment of Oceana Boulevard. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. Public Utility Impacts Water &Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on September 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 26, 2021 and October 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 27, 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 October 7, 2021. Virginia Beach Distilling, LLC Agenda Item 2 Page 4 City Council • One letter of opposition has been received by Staff noting concerns related to traffic and general use of the distillery at this location. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31,2021. • 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 October 25,2021 • 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 November 5,2021. Virginia Beach Distilling, LLC Agenda Item 2 Page 5 Proposed Site Layout • i r �C /� `4 R ' 0 / ..1- `'V °406, 4 o �� •0441i , ', - / „, „,,,"" illk, 4,1k 4. ti : V. a cam, " • `, ,' • S ` ` �� 1 - • ~1 A ]h s .; r Virginia Beach Distilling, LLC Agenda Item 2 Page 6 • SERVICE OFFICE ° COUNTER 4s, ....,.... ..Mr% Q • N _ 0 11 OFFICE - cu Il ,e,,, TASTING ROOM (1,890 SF) DISTILLING AREA (2,282 SF) SMINIKUM NOM a, 101 y. • .ate..». PATIO (1,680 SF) co D S 0o m N• a = NEW WORK FLOOR PLAN - -o r- V N n Site Photos • K., _ ___.__ • . �i r _ _,_ _ ._ • • u} u ,.. ________ ____ _.,.......__ _...... . . . .... _ . _ • . _ _ -,--f'f',. .. 7 $' r x - _.. .�<i._� .�"�3kt�--psi. �i�s„tk�..,.s�.:y1.',:rr,'�x..�'�.�,: � � e�F .. .vim h� 1 _ ' 4-, At. ., . . t • r 11" -5. �.-r.v. -. • . ..........„„ . ; . . . . - II ,. . ._ .e; _.... _to__ _„.:., ..:, • .. , . ........,... . 1, .. , 2101 .... ..... TA. . . . P., :-• .- re 2- ' 'AI i v.. 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' - .l, • . .--... , . _ . •,. - ' - '-'. ...-.- ' ' ' . . • .,. .....''..,.'... '' . '.' - - Virginia Beach Distilling,Item linpga,gLe 9LC Agenda 2 Disclosure Statement ursciusure 3- aremeni V� City of Virginia Beath 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 Distilling,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Stephanie Somers Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephanie Somers,Anthony Gower Jr and Beach Spirits LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) t"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. Virginia Beach Distilling, LLC Agenda Item 2 Page 10 Disclosure Statement Disclosure Statement �, • Planning&Community Development -- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the appliption or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and individual providing the service. Colby and Company Go Roger Porter 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Covington Hendrix Anderson Architects do Jonathan Covington 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. 2I Virginia Beach Distilling, LLC Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement .vg3 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?g Yes ❑No • If yes,identify the company and individual providing the service. Ocean Construction Services cJo Anthony Gower Jr. 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 g No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?IR Yes ❑No • If yes,identify the firm and Individual providing the service. Reaves&Coley do Aaron Ambrose Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Print Name and Title Stephanie Somers,Owner and Managing Member Date 1I.2(pi c20.2I Is the applicant also the owner of the subject property? ❑Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of D•te 2021.10.25 Ma Ns Hoe N.Dao 11 09 2020 _ Wage Virginia Beach Distilling, LLC Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development Owner Disclosure Owner Name Oceans Crossings.LLC Applicant Name Virginia Beach Distilling,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Tim Costen and Jeal,LLC Go Elza Mitchum • 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?❑Yes ® No • If yes,what is the name of the official or employee and what Is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(Ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business 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 Virginia Beach Distilling, LLC Agenda Item 2 Page 13 Disclosure Statement Disclosure Statement (Sty or Vbgb;r s.,a, Planning&Community Development -- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and Individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I F a c.r Virginia Beach Distilling, LLC Agenda Item 2 Page 14 Disclosure Statement Uisuosure azatement VD <5tu nil'�yuo Bt�d+ Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,!am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Owner Signature tMRM 4%t i' PAdtr (sL f OCIAtyptca,65imas ��t Print Name and Title J Date r Virginia Beach Distilling, LLC Agenda Item 2 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Virginia Beach Distilling, LLC Agenda Item 2 Page 16 Virginia Beach Planning Commission October 13, 2021 Public Meeting Agenda Item # 2 Virginia Beach Distilling, LLC [Applicant] Oceana Crossings, LLC [Property Owner] Conditional Use Permit (Craft Distillery) 1375 Oceana Boulevard, Unit 142 RECOMMENDED FOR APPROVAL—CONSENT David Weiner: Thank you, ma'am. Next we will go to the consent agenda. Vice Chair Wall will take over. Jack Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by staff. The Planning Commission concurred and there are no speakers signed up in opposition. We have one item on the regular consent agenda today. That item is Virginia Beach Distilling LLC, which is the applicant, and the owner is Oceana Crossing LLC, for a Conditional Use Permit for Craft Distillery at 1375 Oceania Boulevard, Unit 142. Is there a representative for this item? Is there any opposition for this item being placed on the consent agenda? Hearing none. The Planning Commission has asked Mr. Alcaraz to read this into the record. George Alcaraz: Sure. Thank you. You don't want to wait? You want to keep going? Jack Wall: Yeah. George Alcaraz: Okay. Just making sure. Jack Wall: You're good. George Alcaraz: Agenda number two, Conditional Use Permit for a Craft Distillery. The applicant is requesting Conditional Use Permit to open a Craft Distillery in Unit 142 at the shopping center along Oceana Boulevard, zoned B, Conditional B2, Community Business District. The property 1 contains a Craft Brewery as well that was originally granted by City Council in 2018 and recently improved this summer for an expansion. An open air market for a food truck was also part of that request. George Alcaraz: The 6,933 square foot Craft Distillery proposes to produce and sell vodka. The unit will be divided in 2,282 square foot for the production area and 4,651 square feet for the tasting room, patio, and office space. No changes to the existing building will be proposed or are proposed. The hours will be from 12:00 PM to 10:00 PM, Wednesday through Saturday, and 12:00 PM to 6:00 PM on Sundays. George Alcaraz: The proposed application for a Conditional Use Permit for the Craft Distillery in staffs opinion is acceptable. The business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining great neighborhoods with complementary non-residential uses. Consistent with the existing approved Conditional Use Permit on this same site for the Craft Brewery, conditions are recommended that prohibit live outdoor music to ensure no disruption to the nearby residences. George Alcaraz: With that being said, and the conditions stated in the report, we put it on the consent agenda. Jack Wall: Thank you. The Planning Commission also placed the following applications for Conditional Use Permit for Short Term Rental on the consent agenda. As they meet the actable requirements for section 241.2 of the zoning ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up in opposition. These include agenda item or application number four, Sue Kent, and number five, Peter Yordanov Popov. Jack Wall: Mr. Chair, that was the last item on the consent agenda, and these were the last items. I move for approval on the regular consent agenda, agenda item number two, and on the short term rental agenda, number four and number five. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I have a disclosure to make. I will be voting in support of the consent agenda. However, I will be specifically abstaining from agenda items number four and five, dealing with 2 short term rentals. I have a letter on file with the City Attorney's Office. As a matter of policy I abstain from all short term rental applications individually and also from any ordinances that might apply. Short story is I have a small client in the travel industry. Thank you. David Weiner: All right, we have a motion by Mr. Wall. Do I have a second? Donald Horsley: Second. David Weiner: Second by Mr. Horsley for the consent agenda. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against, agenda item number two has been recommended for approval by consent. By recorded vote of nine in favor, zero against with one abstention, agenda items number four and five have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of Craft Distillery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 3 4. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 6. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on any outdoor patio area. 7. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 Oct. 13, 2021 Robert J.Tajan, Planning Director Mayor Dyer, Councilwoman Henley all Council c/o City Clerks Carolyn K. Smith, Planning and all related City Staff related to these Projects. Dear Mr.Tajan, Mayor Dyer, Ms. Henley and City Legal Staff, All of my opposition and others in my neighborhood on the Breweries and Bars are Public Record.Your workshop Shows you do NOT have staff for Planning, zoning, Police,Sheriff, Public Works etc.(yesterday) The owner of Vodka Bar(Tim Costin) is also a managing partner and he hires Venture Realty to manager the entire Shopping Center. The notices were NOT in the Beacon since Oct. 3rd. 2021. Total FALSE information on Traffic,environmental impact,etc. Defer Planning's vote for at least 30 days. Give all residents time to contact staff and their Councilmembers. This is Reckless Endangerment to have 10 hours of Vodka served in a row,w/o Food sales requirement for each patron. I have more to say, but not enough time.Too many rotten deals thrown at citizens. Regards, Barbara Messner Redwing resident cc: legal cc: & bcc:select OR /' O R et R5S OR ‘ h stye 10. treat _--- ii, R5S PPP vO R "43 , \ \'44° R5S . A , 0 -6 V I \ OR v al Al-8 1 '' / iz c. cts, / OR //,,,, co co - � OR ___ treat . Norfolk Ave gth S l r p nue _ RT3 _-- �_ 111 ` a1 RT3 va S. \ a woo .� \734 OR c �RSS co \ c. _ • °' co 0 1co 1 N Site Sue W. Kent W:' �J E Property Polygons 901 Pacific Avenue, Unit D s Zoning Building omiscommpFeet 0 25 50 100 150 200 250 300 r S; N'T\y�g7 O `'' 11 i. LLS SI. 1 l.-a -�VL..W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUE W. KENT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901 Pacific Avenue, Unit D (GPIN 24272444110955). COUNCIL DISTRICT — BEACH MEETING DATE: November 9, 2021 • Background: The applicant is requesting to operate a two-bedroom Short Term Rental unit within the Retreat by the Sea condominium development located at 901 Pacific Avenue. The 35,000 square foot site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort Form Based Code. The property contains two multi-family dwelling condominium buildings, one on the north side of the property and one on the south side of the property. The applicant's two-bedroom unit is located within the building situated on the south side of the lot. The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two- bedroom Short Term Rental located within the OR STR Overlay District is four. • Considerations: The City Council has approved six other requests for Conditional Use Permits for Short Term Rentals within this condominium development. No complaints have been registered with the Zoning Office for any of these uses. Two off-street parking spaces are required. One space can be provided within the confines of the condominium parking lot, while the second required space will be leased within the City's 9th Street Parking Garage. The request is in line with the goals for the oceanfront area, and no negative impacts are expected with this application. Additional details pertaining to the application are provided in the attached Staff Report, which was revised after the Planning Commission hearing with strikethrough text to remove inapplicable conditions (conditions 4, 5 and 6 below) that were included in error. There is no known opposition to this request. • Recommendation: On October 13, 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, with 1 abstention, to recommend approval of this request. Sue W. Kent Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. /1. The garage space within the unit must remain a minimum of 18 feet by 18 feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials 5. A second (2nd) parking space, at a location subject to approval by the Zoning times. 6. For properties located within the boundaries of the Residential Parking Permit passes only. Guest and temporary pa es through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 . 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information Sue W. Kent Page 3 of 4 must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors Sue W. Kent Page 4 of 4 are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 '0 Ay6City Manager: Applicant & Property Owner: Sue W. Kent Agenda Item Planning Commission Public Hearing: October 13, 2021 City Council Election District: Beach 4 1,/B Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation s• clo s"— �� Approval Omar tit„Stet Staff Planner i Summer Peebles WIIP *.• s; Location t _`i---$ `a`eo ; 901 Pacific Avenue Unit D ��44 dk Avenue Iszi .—.4 80 „'feet G P I N 9t�Sticel Adel Ma,o'and p+.00 24272444110955 petawa`epen ? 8t„Street n'a p"enue e n Site Size A V'9 mhna pv°'tu PD,l`t Avenue ➢ sl„sheet 34i Q 996 square feet "s„ p"enue .l„S t1eel ., je'tacc n Y 1 - ,d Stec' i >_ Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North , In ,` it dwellings, commercial parking lot/OR t Oceanfront Resort M t South , - 9th Street Municipal parking garage/OR Oceanfront �i ` Resort i t East % �' _ � • Retail shops/OR Oceanfront Resort 1„ West 4` ' . �-'t,, Pacific Avenue - t;��" 'f.,r,Norfolk Ave nug,., Off-site parking lot/OR Oceanfront Resort itiliti . . Sue W. Kent Agenda Item 4 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel is zoned OR Oceanfront Resort District. • According to City records,this multi-family condominium was constructed in 1969. • Staff inspected the site on May 18, 2021 to observe site conditions and take photographs for this report. • There is no on-street parking on this portion of Pacific Avenue. • Six Short Term Rental application requests have been approved within the condominium complex, Retreat by the Sea,thus far. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018, therefore a Conditional Use Permit is required for the Short Term Rental use. • Known Short Term Rental activity as of 09-22-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 1 `r i c -1gip° , � 1,1 �. 4,3 Mlti. 'IP. _tF i": ; ,. ,,... %, , or xL•i , ,,, ,,,,.. ir lis.i1. 11,,E isittr t' -1 Short Term Rentals 7 g t� S�t \ CUP statue c _ ,--,-,------- 6c--1-1 may,•,»,»i.tTt A,\ `t1 -rl T� , � Sue W. Kent Agenda Item 4 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 16 4-9 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 1* *Second required parking space within 9th Street Municipal Parking Garage tot"street ` 7 Zoning History OR ` / # Request OR 1 STR Approved 02/04/2020 STR Approved 06/09/2020 STR Approved 08/25/2020 9,0 st'e' STR Approved 08/25/2020 NorfOth gwenue STR Approved 10/20/2020 STR Approved 04/06/2020 71, OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development located at 901 Pacific Avenue. This site is located one block from the public beaches of the Atlantic Ocean in the resort area of the city; an area where Short Term Rental use is common. The two-bedroom unit is required to have two off- street parking spaces. One space is accommodated on-site in a designated space.To satisfy the second parking space requirement, the applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage,which is located directly across the street. As recommended below in Condition 3, the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator as long as the Conditional Use Permit is active.The Zoning Administrator has reviewed this alternative parking plan and has deemed it acceptable. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Based on the factors listed above, Staff recommends approval of this request with the conditions listed below. Sue W. Kent Agenda Item 4 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The pragc space within the unit must remain a minimum of 18 feet by 18 feet, contain a minimum 16 foot wide ^hi e entryway^ nd shall r n fYee ^f materials to ensure vehicular accessibility to the Short Term Rental tenants. use by the Short Term Rental occupants at all times. 6. For properties located within th Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two {2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Sue W. Kent Agenda Item 4 Page 4 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways,decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. 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. Sue W. Kent Agenda Item 4 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 26, 2021,and October 3,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 27, 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 October 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 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 October 25,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 4,2021. Sue W. Kent Agenda Item 4 Page 6 Site Layout & Parking Plan Atlanti Avenue 'p c d _ NI a. H t 1 C C Ol h0 A ' ' (LsL L Y m Li" cif 2.9:, 'r i tertt ' ,..,.. ' ' '''',, ' --- 7.1' '''''' :16 ' . - - t V.' (1)itco y 0- ' 00) *- f� .� 1 ,'4 k - tr1 +' O� 0 C r � r‘slir._ N � fl t "-- t v erne `" } "r Sue W. Kent Agenda Item 4 Page 7 Site Photos 111,111 1 yT . li b' C Sue W. Kent Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement City of Vityiio Booth Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name ��,� �l� lam( \{ Does the applicant have a representative? 0 Yes �No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes LT 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. 11 Sue W. Kent Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement NIB City of Vueinio Bench Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach/have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I�'NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes (No • If yes,identify the financial institutions. / 2. Does the appli t have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • f yes,identify the firm or individual providing the service. t hiyA ( )41q\tt. + 1,, J 4. Does the applicant have services from an architect/landscape architect/land planner providy,d in connection with the subject of the application or any business operating or to be operated on the property?0 Yes fir-No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes air No • If yes,identify the purchaser and purchaser's service providers. 21 Sue W. Kent Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement City of Virginia Bann Planning&Community Development 6. Does the applicant have a construction contr_ac/tyf in connection with the subject of the application or any business operating or to be operated on the property?0 Yes L✓J No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in coonnn,etion with the subject of the application or any business operating or to be operated on the property?0 Yes M No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services inn cq�nnection with the subject of the application or any business operating or to be operated on the property?0 Yes 0"No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or cpmmittee in connection with t ' lication. I 1 'V� Applicant Signature Print Name and Title � Zvi W Date Is the applicant also the owner of the subject property? aYes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as °aLe 10-28-2021 signature }f ouva Morn 40-w Print Name Hank Morrison 31 Sue W. Kent Agenda Item 4 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Sue W. Kent Agenda Item 4 Page 12 STR VICINITY MAP SUE W. KENT — 901 PACIFIC AVENUE, UNIT D --Og - N.....) ' ) \ ,__\ '.___\-A\\\\-- j - ___Ilix \ ii .1------ ,N.,1, --'1 )'* SI fat - r----____.' ---- _6ii--:'-"- \\SO 1' \ , 1.FIO- --- r \\ ___4. ' TII ILL \ S I • s. • N. 1 � • • � .w orf ._�� o t-7-7-11kri Io ��-.0y , . �4 \k---Stii \ -.. \ 11101011100 rt. * I II_ 11_111 _ \ \. liVerVI ..Vi,-:\ Short Term Rentals . _—" I - ST0 Fs•-nt5 '` '1,.. CUP Status \'. Arcr:v ea ___i, ` xS - 1 . Ccriea ^ 1 1171\—..-.‘ _..,---1 l i l t __A—rr t l Virginia Beach Planning Commission October 13, 2021 Public Meeting Agenda Item # 4 Sue W. Kent [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) 901 Pacific Avenue, Unit D RECOMMENDED FOR APPROVAL - CONSENT David Weiner: Thank you, ma'am. Next we will go to the consent agenda. Vice Chair Wall will take over. Jack Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by staff. The Planning Commission concurred and there are no speakers signed up in opposition. We have one item on the regular consent agenda today. That item is Virginia Beach Distilling LLC, which is the applicant, and the owner is Oceana Crossing LLC, for a Conditional Use Permit for Craft Distillery at 1375 Oceania Boulevard, Unit 142. Is there a representative for this item? Is there any opposition for this item being placed on the consent agenda? Hearing none. The Planning Commission has asked Mr. Alcaraz to read this into the record. George Alcaraz: Sure. Thank you. You don't want to wait? You want to keep going? Jack Wall: Yeah. George Alcaraz: Okay. Just making sure. Jack Wall: You're good. George Alcaraz: Agenda number two, Conditional Use Permit for a Craft Distillery. The applicant is requesting Conditional Use Permit to open a Craft Distillery in Unit 142 at the shopping center along Oceana Boulevard, zoned B, Conditional B2, Community Business District. The property contains a Craft Brewery as well that was originally granted by City Council in 2018 and recently 1 improved this summer for an expansion. An open air market for a food truck was also part of that request. George Alcaraz: The 6,933 square foot Craft Distillery proposes to produce and sell vodka. The unit will be divided in 2,282 square foot for the production area and 4,651 square feet for the tasting room, patio, and office space. No changes to the existing building will be proposed or are proposed. The hours will be from 12:00 PM to 10:00 PM, Wednesday through Saturday, and 12:00 PM to 6:00 PM on Sundays. George Alcaraz: The proposed application for a Conditional Use Permit for the Craft Distillery in staffs opinion is acceptable. The business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining great neighborhoods with complementary non-residential uses. Consistent with the existing approved Conditional Use Permit on this same site for the Craft Brewery, conditions are recommended that prohibit live outdoor music to ensure no disruption to the nearby residences. George Alcaraz: With that being said, and the conditions stated in the report, we put it on the consent agenda. Jack Wall: Thank you. The Planning Commission also placed the following applications for Conditional Use Permit for Short Term Rental on the consent agenda. As they meet the actable requirements for section 241.2 of the zoning ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up in opposition. These include agenda item or application number four, Sue Kent, and number five, Peter Yordanov Popov. Jack Wall: Mr. Chair, that was the last item on the consent agenda, and these were the last items. I move for approval on the regular consent agenda, agenda item number two, and on the short term rental agenda, number four and number five. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I have a disclosure to make. I will be voting in support of the consent agenda. However, I will be specifically abstaining from agenda items number four and five, dealing with short term rentals. I have a letter on file with the City Attorney's Office. As a matter of policy I 2 abstain from all short term rental applications individually and also from any ordinances that might apply. Short story is I have a small client in the travel industry. Thank you. David Weiner: All right, we have a motion by Mr. Wall. Do I have a second? Donald Horsley: Second. David Weiner: Second by Mr. Horsley for the consent agenda. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against, agenda item number two has been recommended for approval by consent. By recorded vote of nine in favor, zero against with one abstention, agenda items number four and five have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. minimum 16 foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. shall be available for use by the Short Term Rental occupants at all times. aid tom passes- hrrn'ough t e-rR'PPP shall not be permitted . 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 4 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and 5 are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 oR \_- e_RSS OR \' ,01 t 110 stye 1 --0Au t h street _ 1 5 R5S .,p `� \tt OR R5S \ c *.. ' \\, �` QO:R co A1-8 1, I ` i co /* co OR OR /t" eet N0 0ikA _ gthSr ___ enue 7 jiZT3 _RT3 n 1 ei \ II; OR \\,pi �R5S 0es 0 N Petar Yordanov Popov W ' ��j Site \ ` Property Polygons 927 Pacific Avenue, Unit A Zoning Building Feet 0 25 50 100 150 200 250 300 / it .,rt,l, ji _ ks, ,..: ..._ ., Fi. ,,,,..,, _1„.. k.„..............;.::, ,z:.,.,.:: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PETAR YORDANOV POPOV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 927 Pacific Avenue, Unit A (GPIN 24272444111150). COUNCIL DISTRICT — BEACH MEETING DATE: November 9, 2021 • Background: The applicant is requesting to operate a one-bedroom Short Term Rental unit within the Retreat by the Sea condominium development located at 901 Pacific Avenue. The 35,000 square foot site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort Form Based Code. The property contains two multi-family dwelling condominium buildings, one on the north side of the property and one on the south side of the property. The applicant's one bedroom unit is located within the building situated on the north side of the lot. The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or one space in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental located within the OR STR Overlay District is two. • Considerations: The City Council has approved six other requests for Conditional Use Permits for Short Term Rentals within this condominium development. No complaints have been registered with the Zoning Office for any of these units. One off-street parking space is required and one space is provided within the confines of the condominium parking lot. Accordingly, the off-street parking requirements found in Section 241.2(1) of the City Zoning Ordinance are met. The request is in line with the goals for the oceanfront area and no negative impacts are expected with this application. Additional details pertaining to the application are provided in the attached Staff Report, which was revised after the Planning Commission hearing with strikethrough text to remove inapplicable conditions (conditions 4, 5 and 6 below) that were included in error. There is no known opposition to this request. • Recommendation: On October 13, 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, with 1 abstention, to recommend approval of this request. Petar Yordanov Popov Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 927 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. try en i ire vehicular accessibility to the Shortt Term Rental tenants times. pa-ses only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information Petar Yordanov Popov Page 3of4 must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.AIl refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors Petar Yordanov Popov Page 4 of 4 are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Petar Yordanov Popov Agenda Item Planning Commission Public Hearing: October 13, 2021 City Council Election District: Beach 5 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ii ''tt,sve4 Approval — 1 141h s,�t � Staff Planner \, Summer Peebles ,* k, _ I Location t 927 Pacific Avenue Unit A ���' NoAdk Avenue it:: \ .sr._ i 8lh street G P I N co,street "v PC,/ Marand e^ye 24272444111150 pc\awa'e" ue �t et,'S IfM na"yen nSite Size �Lewna" en ,ornt"enue ` 5nsMt \ Hh n34,996 square feet im..."v m 4t„street Existing Land Use and Zoning District `r �T r/., .._ Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �E Duplex dwellings, commercial parking lot/OR • 1 I Oceanfront Resort '- South t, - 9th Street �; `y Municipal parking garage/OR Oceanfront Resort East t 4 Retail shops/OR Oceanfront Resort ria� I, ,� West \ `,;a..,.- 7 W --,.ram'.. elr Street —A.. �_I Pacific Avenue Norfolk AvenugA '° - Off-street parking lot/OR Oceanfront Resort `li ll c 1 Petar Yordanov Popov Agenda Item 5 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel is zoned OR Oceanfront Resort District • According to City records,this multi-family condominium was constructed in 1969. • Staff inspected the site on May 18, 2021 to observe site conditions and take photographs for this report. • There is no on-street parking on Pacific Avenue • Six Short Term Rental application requests have been approved within the condominium complex, Retreat by the Sea,thus far • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of 09-22-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity 114-01111!!4' -1*/- \SV__ A---\• \y\ ...,__-. - 11 \ F r 1 [td _ I-� ri qr 1111011 Short Term Rentals 1 CUPsum. C 1 • '''''" Or Petar Yordanov Popov Agenda Item 5 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 -As recommended in condition 16 43 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 1005"' _ Zoning History OR ' ice' # Request f�, 1 STR Approved 02/4/2020 OR STR Approved 06/9/2020 .j / -ASTR Approved 08/25/2020 ��/ STR Approved 08/25/2020 N STR Approved 10/20/2020 °noM Avenue STR Approved 04/06/2020 • OR 2 3 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a one-bedroom Short Term Rental unit within the Retreat by the Sea condominium development located at 927 Pacific Avenue, Unit A. Short Term Rentals are prevalent on this property with six conditional use permits for Short Term Rentals granted. One parking space is required and one parking space is provided on-site.Thus,the requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short- Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Petar Yordanov Popov Agenda Item 5 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 927 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 18 feet by 18 feet, contain a minimum 16 foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular acce:fibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term dental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Petar Yordanov Popov Agenda Item 5 Page 4 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. 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. Petar Yordanov Popov Agenda Item 5 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,September 26, 2021,and October 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 27, 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 October 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 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 October 25,2021 • 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 November 4, 2021. Petar Yordanov Popov Agenda Item 5 Page 6 Site Layout & Parking Plan . ptlant'tc Avenue -k ..., t Y. ' Or ." • ,_- -, .- ,,. .-_, ;2;1.: '-it ii,,,,, ii*. e , 4 d lit � � t a cuo N '°� v al one `- o 'N ® 1 cad rt c s. 4 y• 7 Q a1 f T J4 '1' •! - NO+O Q 1' 1 . . • Avenue _ _.... Pact�t II Petar Yordanov Popov Agenda Item 5 Page 7 Site Photos —: . amer.7 — - ______ ______ ______ ___ i .. t...„,1 ______ ,. ______. H ,,, \\ NM„ , t , _ MI 1, ___ _ ____ _ III . t _---- 7 i� s, il -€ nal I _________. -- ____,_ • .1t' 1 Man VA7-0,11 PetarYordanov Popov Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement �dY•wp•eat Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure \J Applicant Name --FEN 1 ' � "►� Does the applicant have a representative? ❑Yes 4914 • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship wan the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be cons dered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Petar Yordanov Popov Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement Ctu NO,sod, Planning&Community Development sv 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 !n 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. C A? ce,,, 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes VkNo • 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 o the application or any business operating or to be operated on the property?❑Yes `{ No • If yes,identify the firm and individual providing the service. ^^ s. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes "No ., • If yes,identify the firm and individual providing the service. - S. Is there any other pending or proposed purchaser of the subject property?0 Yes kNo • if yes,identify the purchaser and purchaser's service providers. 2I P,i,a e nevicrd t t no lnln Petar Yordanov Popov Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement Vtryimn awn . >.... Planning&Community Developre. 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ^ NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that a I of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature N. , Print Name and Title bt, i<7_ f ea7_ Date Is the applicant also the owner of the subject property? .Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Date 10-28-2021 Signature iL— 7_ Morri4ovt, Nochangesasof Tt.(�t4'1.1C/ Print Name Hank Morrison Revised 11.09.2020 3 I P a p e Petar Yordanov Popov Agenda Item 5 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Petar Yordanov Popov Agenda Item 5 Page 12 STR VICI = ITY L-AP PETAR YORDANOV POPOV — 927 PACIFIC AVENUE, UNIT A A-----„. s< /' 1 \\ ',..,,\___\, --- \ A , \/ '°. V \ D/T-- ' ' .. : * 5 " :_k, \ AktgPc"i - ''' ,Ina .\ .. \ \ \ __ ___ . ,, _1 - .. . 11 / t .r{' ,,` r_' /J -- I. 5 1. -4.---,i- 1i1CC IllIL , s ''s t orf� l, n --��'� • ft • -xi- -k-64 111..e ri IP !I\ 9\ :A iirL. tsrl re ' ---stfit -.Y\ \ ' ''_ASA. ' li,______ \. wev\\----\\ Short Term Rentals A7\clf- . -- STR Pr�^its ' \I\ '.. CJP Status �` ti — r11S' 1 t 1_ken 1 \-\\ d kr": _\� \,-.: 4 Virginia Beach Planning Commission October 13, 2021 Public Meeting Agenda Item # 5 Petar Yordanov Popov [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 927 Pacific Avenue, Unit A RECOMMENDED FOR APPROVAL - CONSENT David Weiner: Thank you, ma'am. Next we will go to the consent agenda. Vice Chair Wall will take over. Jack Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by staff. The Planning Commission concurred and there are no speakers signed up in opposition. We have one item on the regular consent agenda today. That item is Virginia Beach Distilling LLC, which is the applicant, and the owner is Oceana Crossing LLC, for a Conditional Use Permit for Craft Distillery at 1375 Oceania Boulevard, Unit 142. Is there a representative for this item? Is there any opposition for this item being placed on the consent agenda? Hearing none. The Planning Commission has asked Mr. Alcaraz to read this into the record. George Alcaraz: Sure. Thank you. You don't want to wait? You want to keep going? Jack Wall: Yeah. George Alcaraz: Okay. Just making sure. Jack Wall: You're good. George Alcaraz: Agenda number two, Conditional Use Permit for a Craft Distillery. The applicant is requesting Conditional Use Permit to open a Craft Distillery in Unit 142 at the shopping center along Oceana Boulevard, zoned B, Conditional B2, Community Business District. The property contains a Craft Brewery as well that was originally granted by City Council in 2018 and recently 1 improved this summer for an expansion. An open air market for a food truck was also part of that request. George Alcaraz: The 6,933 square foot Craft Distillery proposes to produce and sell vodka. The unit will be divided in 2,282 square foot for the production area and 4,651 square feet for the tasting room, patio, and office space. No changes to the existing building will be proposed or are proposed. The hours will be from 12:00 PM to 10:00 PM, Wednesday through Saturday, and 12:00 PM to 6:00 PM on Sundays. George Alcaraz: The proposed application for a Conditional Use Permit for the Craft Distillery in staffs opinion is acceptable. The business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining great neighborhoods with complementary non-residential uses. Consistent with the existing approved Conditional Use Permit on this same site for the Craft Brewery, conditions are recommended that prohibit live outdoor music to ensure no disruption to the nearby residences. George Alcaraz: With that being said, and the conditions stated in the report, we put it on the consent agenda. Jack Wall: Thank you. The Planning Commission also placed the following applications for Conditional Use Permit for Short Term Rental on the consent agenda. As they meet the actable requirements for section 241.2 of the zoning ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up in opposition. These include agenda item or application number four, Sue Kent, and number five, Peter Yordanov Popov. Jack Wall: Mr. Chair, that was the last item on the consent agenda, and these were the last items. I move for approval on the regular consent agenda, agenda item number two, and on the short term rental agenda, number four and number five. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I have a disclosure to make. I will be voting in support of the consent agenda. However, I will be specifically abstaining from agenda items number four and five, dealing with short term rentals. I have a letter on file with the City Attorney's Office. As a matter of policy I 2 abstain from all short term rental applications individually and also from any ordinances that might apply. Short story is I have a small client in the travel industry. Thank you. David Weiner: All right, we have a motion by Mr. Wall. Do I have a second? Donald Horsley: Second. David Weiner: Second by Mr. Horsley for the consent agenda. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against, agenda item number two has been recommended for approval by consent. By recorded vote of nine in favor, zero against with one abstention, agenda items number four and five have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 927 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 3 4 The garage •thin the nit m ,st remain a minimum of 18 foot by 18 foot ontain ensure vehicular accessibility to the Short Term Rental tenants. shall be available for use by the Short Term Rental occupants at all times. /DODO\ ,.,kilo +he short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and } osses-t hzthe DDDD shall not be permitted 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of 5 all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 M. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to 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/gphp?MTID=eac2f7288454a8be481 e30df6ce0a42e5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 09, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/19/21 PAGE: 1 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C OMO 0 L O C N Y L ON OUW S T H C E E ME S S E 0 E 1 FIR YES S E R N N CITY MANAGER'S BRIEFING A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. STORMWATER MASTER PLAN UPDATE Toni Utterback, Stormwater Engineering Center Administrator II-VI. A-E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y AY SESSION F. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y 1. SPECIAL SESSION September 28,2021 2. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y October 5,2021 G. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Reba McClanan c. The Kirit Shah Temple Premier League I. RESOLUTION IN RECOGNITION b. Dale Snodgrass RESCHEDULED H. PUBLIC COMMENT 1. 2022 PROPOSED LEGISLATIVE 4 SPEAKERS AGENDA PUBLIC HEARINGS ACQUISITION OF AGRICULTURAL 2 SPEAKERS LAND PRESERVATION(ARP) EASEMENT Installment Purchase Agreement for 50.15+/- acres at 1808 Nanneys Creek Road K.l. Ordinance to AUTHORIZE: ADOPTED,BY 9-1 Y Y Y Y Y Y N Y Y A Y a. Acquisition of an Agricultural Land CONSENT Preservation(ARP)easement from Bonnie Woodhouse Crane(50.15+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$561,680 c. TRANSFER fund to purchase U.S.Treasury Strips K.2. Resolution to RATIFY Amendments to the ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y Bylaws re Community Services Board (CSB) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/19/21 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNC O M O O L O C N Y L ONOUW S T HCEEME S S E OE I H R Y B S S ER N N K.3. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y property in fee simple and acquisition of CONSENT temporary/permanent easements, either by agreement or condemnation re Sandbridge Road — Nimmo Parkway Phase VII-A Project,CIP 100356 K.4. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY temporary/permanent easements, either by CONSENT agreement or condemnation re Thalia Creek Greenway Phase 3 Project,CIP 100415 K.S. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY encroachments into a portion of City-Owned CONSENT Property known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and maintain rip rap, boat lift, aluminum ramp, two wood piers and a floating wood dock K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED 9-0 Y Y Y Y A Y Y Y Y AY $1,256,276 from the State Compensation Board B to the Sheriffs FY 2021-22 Operating budget re S $3,000 bonuses to Deputies T A N E D K.7. Ordinance to ACCEPT$136,429,703 from the ADOPTED 9-0 Y A Y Y Y Y Y Y Y AY American Rescue Plan Act (ARPA) B Coronavirus State and Local Fiscal Recovery S Funds / APPROPRIATE $82,063,098 re T Stormwater, Parks and Recreation A Infrastructure,and Facilities Capital Projects I N E D L.l. MURPHY'S OF VIRGINIA BEACH / DEFERRED TO 6-4 NYN YNYN Y Y AY STEPHEN YUEN YEE FAMILY,LLC for DECEMBER 7, a Special Exception for Alternative 2021 Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—BEACH L.2. VIRGINIA BEACH DEVELOPMENT DEFERRED TO 10-0 Y Y Y YYY Y Y Y AY AUTHORITY/ VIRGINIA BEACH NOVEMBER 9, DEVELOPMENT AUTHORITY&FROB, 2021 LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7 — PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/19/21 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A D N C O M O O L O C N Y L ON OUW S T HCEEME S S E OE I H R I Y B S SERNN L.3. JTR, LLC / JTR, LLC / BAYLINER WITHDRAWN 10-0 Y Y Y Y Y Y Y Y Y A Y BUILDING,LLC&SHORE DRIVE AREA PROPERTIES for Street Closures of partially improved/unimproved portions of right-of-way known as Clipper Bay Drive (approximately 26,414 square feet) and Ocean Tides Drive (approximately 12,252 square feet)DISTRICT 4 —BAYSIDE L.4. MP SHORE DRIVE, LLC / JTR, LLC, WITHDRAWN 10-0 Y Y Y YYY Y Y Y AY BAYLINER BUILDING, LLC, SHORE DRIVE AREA PROPERTIES,LLC,&CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from PD-H 1 and B-2 Districts to Conditional B-4 Mixed Use/CUP re multi- family dwellings at 3829&3785 Shore Drive and adjacent parcels between Marlin Bay Drive and 3829 Shore Drive DISTRICT 4—BAYSIDE M. APPOINTMENTS RESCHEDULED BYC ON S ENSUS 5/31 MEMORIAL COMMITTEE 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 GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N/)/P ADJOURNMENT 8:12 PM