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6-7-2022 FORMAL SESSION AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERTM. "BOBBY" DYER, As Large VICE AIAYOR ROSEMARY W11SON A Large AWCHAEL F BERLUCCHI, Rore Hall - Dfsrrrct 3 LINWOOD O. 8R4NC'H. Lvnohaven - Dsareic9 5 BARBARA AL HENLEY. Princess Anne - Dia►eiet 7 N: A "ROCKY" HOLCOMB. Kernpsville - Dlarrmi 2 L0UISI2 JONU &tw de - DRerlcr 4 JOHNI), MOSC, As Large AAR0,V k ROUSE, A$ Large GUYK 70WER, Beach - Dra►ercr 6 SABRINA D. WOOTEN, Cenrervllle - ❑►srr►er I CITY COUNCIL APPOINTEES C77Y MANAGER - PATRKW A• DUHANEY 07YAT7VRNEY-MARICD S77LLJ CITY COUNCIL AGENDA (. lTYA&NEMOR - RONALD D- AGNOR CTTYAUDI7M)P-LYADON5 REWIAS JUNE 7. 2022 t 77Y CLFJi!<- AMANDA &MMES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber - A. PLASTIC BAG FEE Karen Forget and ,lien Deppe, Lynnhaven River Now (Requested by Council Member Tower) II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL ❑ISCUSSIONIINIT IATIVESICOMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A- CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION - City- Council Chamber - C177 MALL BUILDING BUILDING 3 (FORMERLY BUILDING 1) 2403 COURTHOUSE DRIVE bVGI1VM BEACH, VIRGINIA 23456 PHONE: (757) 3854303 FAX (757) 385-5669 E- MAIL; C17TCOUNCIL@vbgov.com 3:OOPM 3:30PM 4:OOPM 4:30PN-1 V1. FORMAL SESSION - City Council Chamber - 6:00 PNI 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 2. FORMAL SESSION G. MAYOR'S PRESENTATION 1. PROCLAMATION LGBTQ Pride Month Stacie Walls, LGBT Life Center Shay 011ie, Transgender Assistance Program of Virginia H. PUBLIC COMMENT 1. RESORT AREA MOBILITY PLAN (RAMP) PARKING FEES I. BID OPENING May 17, 2022 May 24, 2022 1. NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS -OF -WAY Telecommunications Services J. PUBLIC HEARING 1. NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS -OF -WAY Telecommunications Services-Southside Network Authority (SNA) K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1, Ordinance to GRANT a Nonexclusive Master Lease for Telecommunication Services to Southside Network Authority (SNA) re use of the City's public streets and rights -of -way to install, operate, and maintain network facilities 2. Ordinance to AMEND City Code Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) 3. Resolution to NAME an inlet near Sandbridge (Requested by Council Member Henley) 4. Ordinance to AWARD a $5,000 Community Services Micro -Grant to Men of Faith for Youth Development Camps and Academies re support various youth development camps and academies from June 2022, through December 2022 (Requested by Council Member Branch) 5. Resolution to ADOPT the updated 2022 Hampton Roads Hazard Mitigation Plan 6. Ordinance to DONATE excess Sage less -lethal deployment devices to two (2) North Carolina and one (1) Alabama Political Subdivisions 7. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid -Atlantic. Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. ISC Medical Transport, LLC f. Lifecare Medical Transports, Inc. g. Midwest Medical Transport, LLC h. Nightingale Regional Air Ambulance i. Reliance Medical Transport j. Robbie's Ambulance Service, Inc. k. Special Event Providers of Emergency Medicine, Inc. 1. Tidewater Medical Transport, Inc, 8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City -owned Property: a. known as Harbor Canal, located at the rear of 2329 Leeward Shore Drive re maintain an existing wood dock, ten (10) wood piles, wood and steel boat lift, wood ramp, wood floating dock, vinyl bulkhead, and river rock DISTRICT 8 (formerly District 6- Beach) b. known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive re maintain existing vinyl bulkhead, boat lift, wood dock and lamp post, and to construct and maintain a fixed wood dock, two (2) floating wood docks, vinyl bulkhead, and aluminum ramp DISTRICT 8 (formerly District 6- Beach) c. known as Lake Wesley, located at the rear of 569 Virginia Dare Drive re construct and maintain five (5) wood guide pilings, a floating dock, a kayak launch, and to replace and maintain an existing wood ramp and four (4) wood pilings, and relocate an existing floating wood dock DISTRICT 5 (formerly District 6-Beach) 9. Resolution to RENAME the Bikeways and Trails Advisory Committee to the Active Transportation Advisory Committee and to REVISE the Committee's Composition and Mission 10.Ordinance to APPROPRIATE $1.8-Million of Fund Balance from the General Fund and AUTHORIZE repayment to the Commonwealth of Virginia re a pass -through grant from the Commonwealth's Development Opportunity Fund (COF) i I.Ordinances to ACCEPT and APPROPRIATE: a. $125,000 from the Virginia Aquarium Foundation to the Capital Project 4100463. "Virginia Renewal and Replacement III." re refurbishment of the Seal Tank Exhibit b. $3,000 from the VB Home Now, Inc. to the FY 2021-22 Cultural Affairs Department Operating Budget re assist with expansion of the Brushworks Program M. PLANNING 1. REED ENTERPRISES, INC & LIBERTY TRANSMISSION & AUTO CARE, INC/ REED ENTERPRISES, INC for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re Auto Repair Garage at 3041 Holland Road DISTRICT 2 (formerly District 7- Princess Anne) RECOMMENDATION; APPROVAL 2. BT HOLDINGS III, LLC & PDC TN/FL LPIV, LLC! BT HOLDINGS III, LLC for a Modification of Proffers to a Conditional Rezoning & Rezoning from AG-1 Agricultural District & Conditional I-1 Light Industrial District to I -I Light Industrial District re an industrial building at Dam Neck Road & Harpers Road ❑ISTRICT 5 (formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 3. ASHDON BUILDERS 1, LLC/ DAVID & TAMMY LEE Conditional Change of Zoning from AG -I & AG-2 Agricultural to Conditional R-7.5 Residential re seven -lot subdivision of single- family horses at 2487 North Landing Road DISTRICT 2 (formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 4. MAEGAN CAHOON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue. Unit 108 DISTRICT 6 (formerly District 6-Beach) l7Wel"Vu01112 7IliFIN11 APPROVAL N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORM WATER APPEALS BOARD STOP INC. TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD U. UNFINISHED BUSINESS P. ADJORNMENT OPEN DIALOGUE Non -Agenda Items Each Speaker Kell be allowed 3 minutes aa�ki■;;;;�yiikiiikiii;�.�...��;�a� are physicalty disabled nr visually impaired and need assistance at this meeting, please call the CITY CLERIC'S OFFICE at 3854303 •i�sa;;;sns►ussssuasai The Agenda (including all backup documents) is available at hgps://www.ybgov.com/government/departments/eity-clerk/city-council under the eDoes 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 hqps://vbp-ov.web,ex.com/vbp-ov/onstag�ele.php?MTID=e4fle8b7bea4ebfIed9ae996216935177 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:04 p.m. on June 7. 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber - 3:OOPM A. PLASTIC BAG FEE Karen Forget and Jim Deppe, Lynnhaven River Now (Requested by Council Member Tower) II. CITY COUNCIL LIAISON REPORTS 3:34PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 4:OOPNI V. INFORMAL. SESSION - City Council Chamber - 4:30PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. 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 2. FORMAL SESSION May 17, 2022 May 24, 2022 G. MAYOR'S PRESENTATION I. PROCLAMATION LGBTQ Pride Month Stacie Walls, LGBT Life Center Shay 011ie, Transgender Assistance Program of Virginia �rar�a�»tation The City of'Virginia Beach remains committed to fostering as inclusive community that uve(ccmes and empowen a(( In an effort towards continuedimpnrt-ment of the &vrs of our worffarce andcitmens, an L9WQLratson has been identifud in each of our public safety departments: "five, Fete and EWS, and Emergency Communicatruns and Citizen Smnces, the Shenffs Offer, and the City %tanager's Dffrce. 4he Liaisons examine the city's policies and services through an LGWQ Lens and provide a friendly ear to constituents or staff wishing to bring LGBTQ rL4wd issues to the attentiort city government which has led to the City of 'Virginia Beach receiving a perfect score on the 7fuman fthts Campaign's Wunw"fEquaGty Index and u4ierrac 7kis City's LGQrIQ Community 'Mem6ers, thraugh tire&ss whenteerism and aduxag, bur(d strong community partnerships connecting L9B712youtf4 teens, adults, aadfamiCrrs to supportive resources that enhance the physical, mental and social we( &m8 of our entire community white demonstrating the capacity of the creative, social ecntromic, and iTTuentiafforrr of the LGB'IQCommunity and its antes to effect positive change when we Ceve, where we uork, andwhere we pray; and uxemas: In the mommunt toward equaf rights for resbw , gay, bisexual and transgender (LGIQ] people, a historic turning point occurred on June 28, 1969, in New York City, with the onset of the Stonewaff Pjots, curing these oats, LGVq citizens rase up and fought against the discnm natory criminal ,faws that have since bun declared unconstitutionaG and 4 4wma. June is ufekatedas L GBTQ Pride ryfonth notra—,& and LgB7Qpride cele6ratwns have takln prate around the country nary June to commemorate the beginning of the Stonewa179Ruts,• and 47'lrstrat' June 2022 unff mark33 years of summertime festmtzfs, now kpown as �PrufiTen hosted by M mptan pads Pride who Usff host a Trick Cere6nation at the Oceanfront in the City of Ilirfflina rgeach on Sunday, June 26, 2022; and 'bt4vmas: Since its inception, Mampton Roads Tride has continued to celebrate unity, embrace diversity, and instiQf pride in our regibn's LG(B7QandaXudcommunities by increasing svib&ty and promoting fullhuman and civil rights of Lyrg 7 people,' and "flirtar The 4rasugendcrAstistance Opgram of ihiginia (ZIP vA� an a(C-volunteer, trans-(ed, non-profit organization in Virginia Beach work, to end homelessness within the transgender community. TAT VR provides educational training to organizatums and agencies w(w want to become more inclusive and krurwredgrable around the issues facing our localiransgett community, and vxunac Vw LQI"Life Center has been serving 7fampton 92gads LgB7 communities and all people affected by 9i7'V though impnning heakh and uellnus, strengthening families and communities, and ping tmnsformitaw education and advocacy for nary 30 years,• and Ve'fiervar `fie LGIRf Life Center has been a valuable resource to our 'Virginia Beach Community 6y providing permanent supporting housing, case management, andcounse&ng to homeless persons frving with?f7'VIAloS,and u4wrav It is imperative that affpeaplr in the community, regardless of se-tudonentation or gender rdeentity, feefvdrue,( safe, empazix ,, andsttpportedhy efi-peers, educators, andcommunity k1ders. Maw 7hrrafore, I 1?p6ert fit. rpyyt Mayor of the City of VVt #.. Beach, Virgi'nti; da herby proclaim; .7um aoaa LC�'87�,�Pnide J�lontk "M "ryenia &WA and l caffon alf our citizens to eGlmWte Prejudice ftrorivhere it e4its andaskyou to join me in celebrating the Feat dmmity of ourcnmraunity as we toorkto buida rufture of inclusiveness andacceptance. In Wtneas $ldF"-f, I have hereunto set my hated and caused the OfftcidSeaf of the City of 'Virginia Brach, Rh'rgini, to be offrxuf this Seventh day of June, 7wo'ffwusandTwenty-Iwo. ;:� 4�1� �RqGert'ii. Bo6Hy-0), 9faybr H. PUBLIC COMMENT 1. RESORT AREA MOBILITY PLAN (RAMP) PARKING FEES 'ice r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Increase and Realign Certain Parking Fees for Implementation of a Resort Area Mobility Plan and to Provide a Revenue Offset PUBLIC COMMENT: June 7, 2022 MEETING DATE: June 21, 2022 ■ Background: The Economic Development Department's Parking Management Office (PMO) is seeking approval to rebalance the current parking rate structure and adjust current parking revenue strategies. The intent is to simplify the City's resort parking rate structure, align strategies with Resort Area Mobility Plan recommendations, and equitably promote and incentivize commerce at the Resort. ■ Considerations: 1. Surface Lot Rate Re -Alignment; a. All City Resort parking locations would charge the same rate of $2lhour. b. PMO suggests altering the surface lot pricing structure to match the pricing structure of the garages and on -street meters for simplicity and consistency. c. Parking rates have not changed, in general, since 2010, but technology has changed, and it allows greater parking flexibility and management than previous system's capabilities. d. This re -alignment does not seek to increase total parking revenues. 2. Dynamic Pricing: a. PMO is requesting to charge a higher rate during peak demand periods in the surface lots and garages. This strategy can be used as a tool to reduce traffic congestion. b. The City Council would approve the maximum rate range. PMO suggests a range starting at the current maximum rate of $10 and a peak rate that does not exceed $22. c. The City Manager would appty this approved range during peak periods. d. The max rate can vary by location to encourage visitors to choose parking locations with Rower demand instead of adding more traffic congestion to busier sections. e. Once the annual dates and rates are set, they will be posted online to aid consumer choice during peak demand periods. 3. Merchant Validation Program: a. The intent of this program is to promote local and regional patronage to Resort Area businesses. b. This program, if approved, will be applied to City garages only. c. Participating businesses can validate up to 2 hours of parking for their customers. d, The City will provide promotional materials and cover the cost of the validation. Additional revenues accrued through peak demand pricing can offset lost revenue. 4_ Residential Parking Permit Program (RPPP) Permit Rate Increase a, PMO suggests a simple one -rate of $5 per resident permit and $5 per annual guest permit, b. The rates have not increased in more than 15 years, and the proposed rates are significantly lower than those of other Virginia cities that operate a residential parking program. c. Only approximately 8% of residences in the Residential Parking Permit Program currently actually gay for residential permits because the first two permits are currently free. d. The costs of fuel, enforcement vehicles and equipment, staff wages, and software licensing are increasing. 5. Sandbridge Rate Change: a. Meters and mobile payment applications operate automatically using a single rate structure. PMO suggests a $4 single flat rate to facilitate automation and the elimination of queuing to enter the lots. b. Using automated payment devices allows beach goers to park before payment. c. Collecting payment at the front gate creates long lines to enter the lot and requires additional staffing to manage the gate activity. d. Charging different rates for separate user groups requires staffing to verify the specific user group. e. The meters and mobile payment options allows greater operational flexibility, lowers the operating costs, and is consistent with the five Resort lot operations, Lynnhaven River Boat Ramp, and the Virginia Aquarium. f, The automated operation allows the customer unlimited daily entries and exits in the lots. g. This suggested rate change will not increase parking revenue and may result in a slight decrease. As a result of these actions the Parking Enterprise Fund parking fee revenue is estimated to decrease by $57,333. To off -set this revenue loss the regular reserve will be reduced by $57,333_ f Alternatives: Keep the current rate structure in place. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency., Economic Development City Manager: 1 AN ORDINANCE TO INCREASE AND REALIGN CERTAIN 2 PARKING FEES FOR IMPLEMENTATION OF A RESORT 3 AREA MOBILITY PLAN AND TO PROVIDE A REVENUE 4 OFFSET 5 6 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all 7 operational costs to provide a comprehensive enforcement program at the Oceanfront; 8 9 WHEREAS, Resort Area civic leagues have requested enhanced parking 10 management initiatives; 11 12 WHEREAS, the implementation of the Resort Area Mobility Plan will require 13 additional resources to meet the goals of the community: 14 15 WHEREAS, the City's comprehensive parking strategy requires additional revenue 16 for operations, infrastructure replacement, and maintenance. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 (1 ) The City Manager is hereby directed to convert Resort Area surface parking lots to 22 an hourly rate at two dollars an hour ($2.00) except when peak demand pricing is in 23 place. 24 25 (2) The City Manager is hereby directed to increase the resident parking permits from 26 the current rate of $0 per permit for the first two residential permits to five dollars 27 ($5.00) and increase annual guest permits from the current rate of two dollars ($2,00) 28 per permit to five dollars ($5.00) per permit. 29 30 (3) The City Manager is hereby directed to implement peak parking demand pricing for 31 all resort area garages and surface lots ranging from a minimum of ten dollars 32 ($10.00) to a maximum of twenty-two dollars ($22.00) during major events and 33 weekends at the resort. The designation of dates for peak parking demand pricing 34 shall be at the discretion of the City Manager, and the City Manager shall provide 35 notice of such dates on vbgov.com and other locations to inform residents and 36 visitors. 37 38 (4) The City Manager is hereby directed to establish a single flat rate structure at the 39 Sandbridge Parking lots of four dollars ($4.00) for daily parking. 40 41 (5) The Parking Enterprise Fund parking fee revenue for FY 2022-23 is estimated to 42 decrease by $57,333 as a result of the above adjustments, and such amounts are to 43 be offset by a decrease in the Parking Enterprise Fund's regular reserve. 44 45 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be 46 July 1, 2022_ Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2022, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA15841 R-1 May 25, 2022 I. BID OPENING 1. NON-EXCLUSIVE MASTER LEASE FOR THE .USE OF CITY RIGHTS -OF -WAY Telecommunications Services REQUEST FOR PROPOSALS NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS -OF -WAY The City of Virg me Beach has reCeiVed a proposal for a non-exclusive master lease to use and occupy the City's streets and public ript5-of-way for the purposes of Constructing installing and maintaining network facilities for telecommunications services within and through the City. A copy of the full text of the proposed ordinance is on file In the office of the City Clerk. Additional beds will be raceived by the City until the date below. Ni bids must be in wrlbre The right to reject arty and all bids is hereby expressly reserved. Further information. Including a copy of the proposed master lease agreement, may be obtained by calling the Department of Information Technology at (757) 385 1381. Bids "I be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, welch will be held In the Council Chambers, old City Hall Building (Building 3) Municipal Center, Virginia Beach, Yrginia on June T. 2002 at 6A0 Pm., and after reading of the bids, bhe Council will either proceed with the Consideration of the ordinance awarding the aforesaid master lease agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER TKAN FRIDAY. JUNE 3, 2022, AT 5W P.W If you wish to make comments virtually during the public hearing please follow the two-Stiap pMCM provided below: 1. Register for the WebE: at htlrx�11Uh9ry wEhPiLC�nU Uhp4rinllsra Ie olio ?M T i HFadf 1 aRh 7 tra4ahf 1 w19ae99621fi935i zz 2. Register with the City Clerk's Office by palling 757385.4303 prior to SW p.m. on June 7, 2022. I Interested parties are Invited to participate. Amanda Barnes City Clerk Beacon: May 22 and 29. 2022 J. PUBLIC HEARING 1. NUN -EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS -OF -WAY Telecommunications Services-Southside Network Authority (SNA) NOTICE OF PURUC HEARING On June 7. 2022, at &,DO pm., in the Council Chambers of the old City Hall Building, auilding3, 2403 Courtnouse Dr.. Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing conoeming the request of the Sotrthside Network Authority, to he granted a nonexclu,Wve master lease to use antl occupy the City's streets and putHic rignts- of-way for the purposes of Constructing, installing, and maintaining network facilities for Communications serv6Ces. Any questions concerning this matter should De directed W the Department of information Twinnology at 385-1381. If you are physically (Jrsal)W Of visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3$5430.3; Hearing impaired, caii TDD 711 (T'DD - Telephone Device for the Deaf). If you wan to make Comments virtually during the oubiic heafmg, please follow the two4w process provloed below; 1. Register for the WebEx at hnosj1yb9py.webe)LoD 1/vU&Qy/o nslae/e.oho?M T1 Dre4f 1e8b7bea 4ebfIcdgae996216935177 2- Register with the City Clerk's Office by calling 757-385-43D3 prior to 5'DO p-m. On June 7. 2022L I interested parties are Invited to participate. Amanda Barnes Crry perk Beaotm: May 29, 2022 K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS I. Ordinance to GRANT a Nonexclusive Master Lease for Telecommunication Services to Southside Network Authority (SNA) re use of the City's public streets and rights -of -way to install, operate, and maintain network facilities 2. Ordinance to AMEND City Code Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) 3. Resolution to NAME an inlet near Sandbridge (Requested by Council Member Henley) 4. Ordinance to AWARD a $5,000 Community Services Micro -Grant to Men of Faith for Youth Development Camps and Academies re support various youth development camps and academies from June 2022, through December 2022 (Requested by Council Member Branch) 5. Resolution to ADOPT the updated 2022 Hampton Roads Hazard Mitigation Plan 6. Ordinance to DONATE excess Sage less -lethal deployment devices to two (2) North Carolina and one (1) Alabama Political Subdivisions 7. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid -Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. ISC Medical Transport, LLC f. Lifecare Medical Transports, Inc. g. Midwest Medical Transport, LLC h. Nightingale Regional Air Ambulance i. Reliance Medical Transport j. Robbie's Ambulance Service, Inc. k. Special Event Providers of Emergency Medicine, Inc. I. Tidewater Medical Transport, Inc. 8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City -owned Property: a. known as Harbor Canal, located at the rear of 2329 Leeward Shore Drive re maintain an existing wood dock, ten (14) wood piles, wood and steel boat lift, wood ramp, wood floating dock, vinyl bulkhead, and river rock DISTRICT 8 (formerly District 6- Beach) b. known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive re maintain existing vinyl bulkhead, boat lift, wood dock and lamp post, and to construct and maintain a fixed wood dock, two (2) floating wood docks, vinyl bulkhead, and aluminum ramp DISTRICT 8 (formerly District 6- Beach) c. known as Lake Wesley, located at the rear of 569 Virginia Dare Drive re construct and maintain fire (5) wood guide pilings, a floating dock, a kayak launch, and to replace and maintain an existing wood ramp and four (4) wood pilings, and relocate an existing floating wood dock DISTRICT 5 (formerly District 6-Beach) 9. Resolution to RENAME the Bikeways and Trails Advisory Committee to the Active Transportation Advisory Committee and to REVISE the Committee's Composition and Mission 10. Ordinance to APPROPRIATE $1.8-Million of Fund Balance from the General Fund and AUTHORIZE repayment to the Commonwealth of Virginia re a pass -through grant from the Commonwealth's Development Opportunity Fund (COF) 11. Ordinances to ACCEPT and APPROPRIATE: a. $125,000 from the Virginia Aquarium Foundation to the Capital Project #100463, "Virginia Renewal and Replacement III," re refurbishment of the Seal Tank Exhibit b. $3,000 from the VB Home Now, Inc. to the FY 2021-22 Cultural Affairs Department Operating Budget re assist with expansion of the Brushworks Program u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Master Lease to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights -of -Way to Southside Network Authority MEETING DATE: June 7, 2022 ■ Background: Southside Network Authority, a political subdivision of the Commonwealth of Virginia ("SNA"), will build and operate the fiber network ring and related communication services. SNA desires to enter into a nonexclusive master lease agreement (the "Master Lease") with the City of Virginia Beach (the "City") for the use of the City's public streets and rights - of -way. SNA is composed of Hampton Roads municipal entities, including the City. The master lease would allow SNA to install, operate and maintain fiber optic cables to create a network ring through the City. ■ Considerations: The term of the Master Lease would be for 15 years, with additional 1-year automatic renewal, and termination by either Party with 90 days notice. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the Ordinance. ■ Public Information: Solicitation for bids was advertised on May 22, 2022 and on May 29, 2022, as required by Virginia Code §15.2-2101. The bid opening is scheduled for June 7, 2022. The public hearing was advertised on May 29, 2022, as required by Virginia Code §15.2-1800, and public notice was via the normal City Council agenda process. The public hearing will be held on June 7, 2022. ■ Alternatives: Council may proceed to consider the award on June 7, 2022 or defer the matter to a subsequent meeting ■ Recommendations: Approval 0 Attachments: Ordinance, Master Lease, Summary of Terms Recommended Action: Adoption of Ordinance Submitting Department: Information Technology }r�. City Manager. 4P 1 2 3 4 5 6 7 8 9 19 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE GRANTING A NONEXCLUSIVE MASTER LEASE TO INSTALL, OPERATE AND MAINTAIN NETWORK FACILITIES FOR TELECOMMUNICATION SERVICES IN THE CITY'S PUBLIC STREETS AND RIGHTS -OF - WAY TO SOUTHSIDE NETWORK AUTHORITY WHEREAS, Southside Network Authority (SNA), a Virginia political subdivision, will build and operate a fiber network and related communication services in the Hampton Roads area, commonly known as the "regional fiber ring"; WHEREAS, the City of Virginia Beach and other Hampton Roads cities are the members of SNA: WHEREAS, SNA desires to enter into a nonexclusive master lease agreement (the "Master Lease") with the City of Virginia Beach (the "City") to use and occupy the City's public streets and rights -of -way: WHEREAS, the Master Lease would allow SNA to install, operate and maintain fiber optic cables and related equipment for the purpose of establishing a communications ring for use by SNA and its member cities; WHEREAS, City staff supports allowing SNA to use the City's public streets and rights -of -way for the aforesaid purposes, subject to the terms and conditions set forth in the summary of terms attached hereto as Exhibit A, and matte a part hereof (the "Summary of Terms"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the City Manager to execute the Master Lease with SNA, in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications, as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2622. APPROVED AS TO CONTENT: INFORMATION TECHNOLOGY CA15723 R-3 May 27, 2022 K APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A SUMMARY OF TERMS Lessor: City of Virginia Beach (the "City") Lessee: Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth of Virginia ("SNA") Term/Termination: 15 years, followed by year-to-year automatic renewals. Termination by either party with ninety (90) days notice. Location: SNA has the nonexclusive right to install its facilities within the City's public streets and rights -of -way, subject to obtaining all required permits from the C4's Planning Department. Relocation/Removal: SNA shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Installation: SNA shall be required to return the public streets and rights -of - way to the same or similar condition existing prior to any work being performed. Minimum Insurance Requirements: Commercial General Liability- $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $25,000 letter of credit and $50,090 surety bond Indemnity: SNA shall indemnify the City, its officers. employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. City, of Virginia Beach, Virginia NONEXCLUSIVE MASTER LEASE AGREEMENT WITH SOUTHSIDE NETWORK AUTHORITY This Nonexclusive Master Lease Agreement (hereinafter "Agreement") is made and entered into as of this day of , 2022, by and between the City of Virginia Beach, Virginia, a Virginia municipal corporation ("City" or "Grantor') and Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth of Virginia under the Wireless Service Authorities Act ( "Authority" or "Grantee"). WHEREAS, the Authority is a body politic and corporate and a political subdivision of the Commonwealth of Virginia, existing under the provisions of the Virginia Wireless Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended, the purposes of which include the ownership of a system to provide qualifying communications services, in accordance with the Act, and WHEREAS, the Authority desires to use and occupy the City's streets and public rights -of - way (as hereinafter defined) for the purposes of constructing, installing, and maintaining network facilities for the provision of qualifying telecommunications services within the City; and WHEREAS, the City is agreeable to allowing the Authority to use the City's streets and public rights -of -way, subject to the terms and conditions hereinafter set forth and subject to any telecommunications regulatory ordinance that may be adopted by the City in the future; NOW, THEREFORE, in consideration of the premises hereof and the mutual promises and covenants set forth herein, the City and the Authority agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City hereby grants to the Authority the non-exclusive right to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace fiber optic or other cable and related facilities for the provision of telecommunications service in the public streets and public rights -of -way of the City of Virginia Beach. The Authority shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly agreed that this Agreement does not give the Authority the right to occupy any public rights -of -way with permanent aboveground cabinets, pads and other similar structures except pursuant to the express approval of the City pursuant to the applicable provisions of Chapter 33 of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for the Authority to provide cable service television service within the City. (b) The Authority acknowledges that this grant of authority is for the benefit of the Authority only, and that the Authority is not authorized to lease, sublease, assign or otherwise Page 1 of 18 allow other providers to use or occupy the public rights -of -way except in accordance with provisions of this Agreement. (e) The Authority acknowledges that, to the extent allowed by State and Federal law, the City has the authority to adopt ordinances regulating the use of the public rights -of -way, so long as such ordinances apply equally to all certificated providers of telecommunications services using the public streets and public rights -of -way of the City. The Authority agrees to be bound by all such future ordinances so long as it operates telecommunication services or has property or equipment within the City's public streets or rights -of -way. (d) This Agreement is not a grant by the City of any fee simple or other property interest except as expressly contemplated by this Agreement and is made subject and subordinate to the prior and continuing right of the City of Virginia Beach to use the public streets and public rights - of -way occupied by the Authority for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment and for other municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights -of -way. (e) This Agreement shall be in full force and effect from and after the date of its approval by the City Council governing body; provided, however, that notwithstanding such approval, this Agreement shall not become effective until all required bonds, letters of credit, certificates of insurance and other instruments required by this Agreement have been filed with, and accepted and approved by the City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 2. Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Afliate" means a person or entity that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person or entity. "Cable service" has the same meaning as in the 47 U.S.C. § 522, and is synonymous with the tern "cable television service." "City " means the City of Virginia Beach, Virginia, and where appropriate to the context, its officers, agents, employees and volunteers, "City Artornev "means the City Attorney or his or her designee. "City Council" means the City Council of the City of Virginia Beach. "City Engineer"' means the City Engineer or his designee. "City Manager" means the City Manager or his designee. Page 2 of 18 "City Property" means and includes all real property owned by the City, including public streets and public rights -of -way, as those terms are defined herein, and all property held in a proprietary capacity by the City. "Conduit" means any materials, such as metal or plastic pipe, that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunications service. "Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable, or other technology for the provision of telecommunications service. "Fiber optic or other cable and related facilities" means fiber optic cables or other cable, facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located or to be located by the Authority in the public streets or rights -of -way of the City used or useful for the transmission of telecommunications services. "Grantee" or "the Authority" means Southside Network Authority. "Grantor" means the City of Virginia Beach. "Public streets and public rights -of -way" or "public ways" include the surface of, and the space above and below, any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer service or other public use, whether present or future, to the extent of the City's right, title, interest or authority to grant a master lease to occupy and use such streets and easements for the purpose of providing telecommunications services. -Public works project" or "`public improvements" include, without limitation, the construction, realignment, paving or repaving, or other work on any public street or public right - of way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water, sanitary sewer, storm sewer, force main, drainage or communications facility of the City, or any other improvement to public property of any kind or nature performed by or on behalf of the City of Virginia Beach or other governmental entity. "Telecommunications facilities" means the plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, and wires, and any other equipment and property used by the Authority to provide telecommunications service. "Telecommunications service- means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of signals, including but not limited to, voice, data, image, graphic or video or other programming information, except cable television service. between or among points by wire, lines, cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other telecommunications facilities, but not including cable television service. Section 3. Term of Agreement. Page 3 of 18 (a) The term of this Agreement shall be for an initial term of fifteen (15) years, commencing on the date of approval of this Agreement by the City Council. Unless either party gives ninety (90) days' written notice of its intention to terminate the Agreement prior to the end of the term, the Agreement shall thereafter automatically renew and continue on an annual basis from year-to-year; provided, however, that either party may, upon giving ninety (90) days' written notice prior to the end of the yearly renewal period, terminate the Agreement. Upon termination of this Agreement as herein provided, the Authority shall be prohibited from further access to the public rights -of -way in the City of Virginia Beach except as necessary to perform its obligations in Section 3(b). (b) Upon the termination or expiration of this Agreement, including any renewal period, or if any portion of the Authority's facilities is abandoned, the Authority shall remove its telecommunications facilities at its own expense; provided, however, that if directed by the City in writing, the Authority may abandon some or a]1 of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event the Authority fails to remove its facilities within ninety (90) days after abandonment or termination, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for removal to the Authority, which shall pay such costs within thirty (30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction. Section 4. Compliance with Applicable Law. The Authority shall at all times during the tern of this Agreement, including any renewal period, comply with all applicable federal, state, and local laws, ordinances, and regulations. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the Public and apply equally to all certificated providers of telecommunications services. Section 5. Construction; Location or Relocation of Facilities. All telecommunications facilities of the Authority shall be constructed., installed and located in accordance with the following terms and conditions, unless otherwise specified by the City. 5.1. The Authority shall install its overhead facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available on such poles. In the event no such space exists on existing or replacement poles, the Authority shall install its facilities underground. 5.2. Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a particular segment of a street or public right-of-way of the City, the Authority shall also install its telecommunications facilities underground. Page 4 of 18 5.3. Whenever existing overhead electric utilities, cable facilities or telecommunications facilities are relocated underground within a particular segment of a street or public right-of-way of the City, the Authority shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights -of -way. 5.4. The Authority shall obtain all required permits for the construction or installation of its facilities as required in this Agreement, provided, however, that nothing in this Agreement shall prohibit the City and the Authority from agreeing to an alternative plan to review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. The City shall ensure that all permit applications and other requests submitted by the Authority pursuant to this Agreement are reviewed and acted upon in a reasonable, non-discriminatory manner consistent with applicable laws and regulations. S.S. In the performance and exercise of its rights and obligations under this Agreement, the Authority shall not interfere in any manner with the existence and operation of any public street and public or private right-of-way, sanitary sewer, water line, storm drain gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City property, without the prior approval of the City. 5.6. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Virginia Beach to perform any public works or public improvements. If any facilities of the Authority interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, within thirty (34) days after written notice by the City of Virginia Beach (or such other period of time set forth in Section 5.7 or as may be agreed upon in writing by the City of Virginia Beach and the Authority), the Authority shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or City Engineer. if the Authority fails to so protect, alter, remove or relocate equipment within such period, the City may break through, remove, alter or relocate the facilities of the Authority without any liability to City, and the Authority shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. The Authority shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of the Authority's failure to comply with the City's request to protect, alter or remove equipment under this Agreement. The City may collect such costs, and any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. The City shall also have a lien on the property of the Authority in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. 5.7. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any life- threatening emergency. The City will endeavor to notify the Authority of such emergencies which may impact its telecommunications Page 5 of 18 facilities. Nothing herein shall create any duties or obligations on the City to so notify the Authority nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify the Authority. 5.8. The facilities of the Authority shall be located so as not to interfere with the public safety or, to the extent possible, with the convenience of persons using the public streets or rights - of -way. The Authority shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 5.9. The City shall have the right to specifically designate the location of the facilities of the Authority with reference to sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of the Authority's facilities shall not relieve the Authority of its responsibilities in matters of public safety, as provided in this Agreement. 5.1 0. Except in the cases of emergencies, the Authority shall not move, alter, change or extend any of its telecommunications system in any public street or public right-of-way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his best efforts to either approve or deny the Authority's request to relocate it facilities within fifteen (15) days of receipt of the Authority's request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public, the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by the Authority shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 5.11. The Authority shall not open, disturb or obstruct, at any time, any more of the public streets or public rights -of -way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications system. The Authority shall not permit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated, disturbed or obstructed by the Authority, the Authority shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 5.12. After the installation, removal, relocation or construction or maintenance of the fiber optic or other cable and related facilities is completed, the Authority shall, at its own cost, repair and return the public streets or public rights -of -way to a minimum of the same or similar condition Page 6 of 18 existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City. The Authority shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to the Authority's installation, construction, maintenance, repair or removal of its telecommunications facilities in the public streets, public rights -of -way, and shall repair, replace and restore in kind, the said damaged property at its sole expense, Upon failure of the Authority to repair, replace and restore said damaged property, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City, after thirty (30) days' notice in writing shall have been given by the City, the City may cause such necessary repairs to be made and may collect the costs incurred from the Authority, including but not limited to, exercising the City's rights to draw. on bonds or letters of credit. The City may collect such costs, and any expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or in any manner allowed by law. The City shall also have a lien on the property of the Authority in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. 5.13. Neither the Authority, nor any person acting on the Authority's behalf, shall take any action or permit any action to be done which may impair or damage any City property, including, but not limited to, any public street, public right -of --way or other property located in, on or adjacent thereto. 5.14. In the event of an unexpected repair or emergency, the Authority may commence such repair and emergency response work as required under the circumstances, provided that the Authority shall notify the City as promptly as possible, before such repair or emergency work is started or as soon thereafter as possible if advance notice is not practicable. 5.15. The Authority shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. 5.16. The Authority shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. 5.17. The Authority shall obtain all required permits from the City and any other governmental entity having jurisdiction prior to commencing work or any nature and shall comply with all terms and conditions of any such permit. The Authority shall furnish detailed plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. The Authority shall comply with all applicable ordinances and permitting requirements. A single permit may be issued for multiple excavations to be made in public streets and rights -of -way; provided, however, any applicable fees established by the City shall apply to each such excavation unless otherwise provided by ordinance. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of Page 7 of 18 service. In the case of emergency excavations made in a public street or public right-of-way without a permit, the Authority shall make a report of each such excavation to the City within two (2) working days and pay the applicable fee. Any permit application and inspection related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay the Authority in efficiently discharging its public service obligation and in any event shall be granted or denied within thirty (30) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. 5.18. (a) Promptly after installation, repair or extension of the telecommunications system or any portion. thereof or any pavement cut by the Authority in any public way of the City, the incidental trenches or excavations shall be refilled by the Authority in a manner acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by the Authority at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, the Authority at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, the Authority shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the City Engineer and the full length of section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the City Engineer. The Authority shall maintain, repair and keep in good condition for a period of one (l) year following such disturbance all portions of public ways disturbed by the Authority, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by the Authority. (b) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City. 5.19. (a) The Authority shall promptly remove or correct any obstruction, damage, or defect in any public street or public right-of-way caused by the Authority in the installation, operation, maintenance or extension of the Authority's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by the Authority after proper notice to do so. given by the City to the Authority, may be removed or corrected by the City, and the cost thereof shall be charged against the Authority and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities or other property resulting from construction or maintenance of the Authority's telecommunications system shall be borne by the Authority and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Authority to the City. (b) If weather or other conditions do not permit the complete restoration required by this Section, the Authority shall temporarily restore the affected property. Page 8 of 18 Such temporary restoration shall be at the Authority's sole expense and the Authority shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (c) The Authority or other person acting in its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including, but not limited to, the flagging requirements of the Virginia Department of Transportation. 5.20. Except in the case of the City's negligence or intentional or willful misconduct, the City, its officers, agents, or employees, shall not be liable for any damage to or loss of any of the Authority's telecommunications services or telecommunications facilities within the public ways or any Other areas of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the City. 5.21. The Authority shall cooperate with the City in coordinating its construction activities as follows: (a) The Authority shall provide the City with a schedule of its proposed construction activities prior to commencing any expansion of its telecommunications facilities in the public streets or public rights -of -way; (b) Upon request, the Authority shall meet with the City and other users of the public ways to coordinate construction in the public ways: and (c) All construction locations, activities and schedules shall be coordinated, as directed by the City Engineer, to minimize public inconvenience, disruption or damages. the Authority shall submit a written construction schedule to the City Engineer at least ten (10) working days before commencing any work in or about the public streets or public rights -of -way. The Authority shall further notify the City Engineer not less than five (5) working days in advance of such excavation or work in or about the public streets or public rights of way. The Authority shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code §§ 56-265.14, et. seq. Section 6. Mapping. The Authority shall maintain an accurate map of its telecommunications facilities. The Authority shall provide the City with "as -built" drawings and an accurate map or maps showing the location of its facilities, including pole lines and conduit lines and any other facilities requested by the City, to include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State PIane Coordinate System and tied to the City's Survey Control monuments and geographic information system certifying the location of all telecommunications facilities within the City. The Authority shall, upon request, provide updated maps Page 9 of 18 annually. The Authority shall supply and specify the location of all of its underground facilities by depth, line, and grade, proximity to other facilities or other standard. The Authority shall cause the location of such facilities to be verified, to the extent required, by a registered state surveyor. The Authority shall relocate, at its expense, any facilities which are not located in compliance with permit requirements. (a) if any of the requested infonnation is considered proprietary, the Authority will notify the City of this opinion and the City will strive to keep it confidential to the extent permitted by the Virginia Freedom of Information Act (Virginia Code §§ 2.2-3700 et seq-) or other any successor statute or law. The Authority will submit an existing Facilities Map as a condition precedent to the City's approval ofthis Agreement. As for new installations, after the effective date of this master lease, the Authority shall submit the proposed Mapping of its plans for new construction to the City prior to any construction. As -built drawings of any new construction of facilities shall be furnished to the City within sixty (60) days of completion of such construction. All as -built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to the Authority's new installation. All mapping shall be provided in a format compatible to the City's present and future mapping systems. Alternatively, the Authority will pay for the cost of making the mapping compatible. (b) Prior to its installation of any facilities in the public streets or public rights -of -way and after the Authority provides the City with its proposed plans for the facilities, the City may in its discretion designate certain locations to be excluded from use by the Authority for its telecommunications facilities, including, but not limited to, ornamental or similar specially designed streets lights or other facilities or locations which, in the reasonable judgment of the City Engineer, do not have electrical service adequate for or appropriate for the Authority's facilities or cannot safely bear the weight or wind Ioading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions conflict with reasonable requirements of the Authority, the City will cooperate in good faith with the Authority to attempt to find suitable altematives, if available, provided that the City shall not be required to incur financial costs nor require the City to acquire new locations for the Authority. The Authority shall, prior to any excavation or installation within the public streets or public rights -of --way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights -of -way as may be provided for by a separate City policy. Such notification and adopted policies shall be designed to maximize co -location of providers to minimize the disturbance to the public streets or public rights -of -way and maximize its useable capacity. The Authority shall not install new conduit or other facilities to the public streets or public rights -of -way where the existing conduit is available to the Authority and would reasonably avoid the need for new excavation or overhead installations. The Authority shall identify by mapping, as required by the City Engineer, the location and specifications of 0 conduits available or dedicated for collection. Section 7. Insurance Requirements. Page 10 of 18 At all times during the term of this agreement and any renewal period, the Authority shall, at its expense, maintain the following insurance policies. Any required insurance shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld, conditioned or delayed. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia and have a rating of no less than A by A.M. Best Co., or a lawful and actuarially sound local government self-insurance pool under the Local Government Group Self -Insurance Pool Act, Virginia Code §§ 15.2-2700, et seq., either or both. (a) Commercial General Liability. Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for such coverage shall be Two Million Dollars ($2,000,000.00) combined single limit for any one occurrence. However, the parties acknowledge that the Authority may meet the policy limit in this section by combination of the Authority's General Commercial Liability Policy and the Authority's Umbrella or Excess Liability Policy. (b) Contractual Liability. Broad form Contractual Liability insurance, including the indemnification obligations of the Authority set forth in this Agreement. (c) Workers' Compensation. Workers' Compensation insurance covering the Authority's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. (d) Automobile Liability. Automobile Liability insurance having minimum limits of liability of One Million Dollars ($1,000,000.00) combined single limit applicable to owned or non - owned vehicles used in the performance of any work under this Agreement. (e) Pollution Liability, Insurance. The Authority shall maintain during the life of this Agreement Pollution Liability Insurance in the amount of One Million Dollars ($1,000,000.00) for each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall also provide coverage for cleanup costs. (f) Umbrella Coverage. The insurance coverages and amounts set forth in this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of Five Million Dollars ($5,000,000.00). Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section. It is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Authority to the City. (g) The Authority shall, prior to commencing construction pursuant to this Agreement or within ninety (90) days after the granting of the master lease contemplated by this Agreement, whichever is sooner, furnish the City a certificate or certificates of insurance showing the type. Page 11 of 18 amount, effective dates and date of expiration of the policies, and thereafter at least thirty (30) days prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates of insurance shall name the City, its officers, agents, and employees as additional insureds and shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days' written notice has been received by the City of Virginia Beach." Section 8. Surety. (a) Within ten (10) days after this Agreement is approved by the City, and prior to the commencement of any construction by the Authority, the Authority shall famish and file with the City an irrevocable letter of credit, in a form and by a surety authorized to do business in the Commonwealth of Virginia and approved by the City Attorney, in the sum of Twenty -Five Thousand Dollars ($25,000.00). The rights reserved to the City with respect to such letter of credit shall be in addition to all other rights Grantor may have under this Agreement or any other law. The Authority shall not use the letter of credit for other purposes and shall not assign, pledge, or otherwise use such letter of credit as security for any purpose. The letter of credit shall contain the following endorsement: It is hereby understood and agreed that this letter of credit may not be canceled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew. The letter of credit shall guarantee the Authority's faithful performance of the terms and conditions of this Agreement, including, but not limited to, (1) the timely completion of construction; (2) compliance with applicable plans, permits, technical codes and standards; (3) proper location of the facilities as specified by the City; (4) restoration of the public ways and other property affected by the construction as required by this Agreements; (5) the submission of "as -built" drawings after completion of the work as required by this Agreement; (b) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work; and (7) the payment by the Authority of all lawful liens, taxes, damages, claims, costs or expenses which the City has been compelled to pay or has incurred by reason of any act or default of the Authority under this Agreement and all other payments due to the City from the Authority pursuant to this Agreement. Provision shall be made to permit the City to make draws against the letter of credit. (b) Whenever the City determines that the Authority has violated one (1) or more terms, conditions or provisions of this Agreement for which relief is available against the letter of credit, a written notice shall be given to the Authority. The written notice shall describe in reasonable detail the violation so as to afford the Authority an opportunity to remedy the violation. The Authority shall have twenty (20) days subsequent to receipt of the notice in which to correct the violation before the City may make demand upon the letter of credit. (c) In addition to the letter of credit required by this section, the Authority shall provide a bond, in a form and by a surety authorized to do business in the Commonwealth of Virginia and Page 12 of 18 approved by the City Attorney, in the amount of Fifty Thousand Dollars ($50,000.00) securing its faithful performance of the terms and conditions of this Agreement. The bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be canceled without the consent ofthe City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of written notice of intent to cancel or not to renew. (d) Such letter of credit and bond shall be in addition to any performance or defect bond or other surety required by the City in connection with the issuance of any construction permit issued pursuant to Chapter 33 of the City Code or any successor ordinance. (e) Upon written request of the Authority, the principal amounts of the bond and letter of credit provided for hereinabove may be reduced to Twenty -Five Thousand Dollars ($25,000.00) and Ten Thousand Dollars ($10,000.00), respectively, at such time as (1) the Authority has completed construction of the network backbone of the telecommunications system and (2) the City has approved such construction, which approval shall not be unreasonably delayed. All other terms and conditions governing such bond and letter of credit shall remain in full force and effect. The Authority shall notify the City of its intention of reducing the principal amounts of such bond and letter of credit no less than twenty (20) days prior to the effective date of such reduction. Section 9. Transfer of Ownership. Notwithstanding any provision of this Agreement, the Authority may not assign. transfer, lease, or sell any of the rights and privileges granted hereunder without the approval of the City. Manager, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that no consent need be obtained to assign, transfer, lease or sell any rights and privileges granted hereunder to any of the Authority's affiliates or any party providing financing to the Authority, provided that no assignment, transfer, lease or sale shall be effective until the assignee, transferee, lessee, or the purchaser, including an affiliate, has filed with the City of Virginia Beach a duly executed instrument reciting the fact of such assignment, transfer, lease or sale and accepting the terms of the Agreement and agreeing to perform all of the conditions thereof. Section 10. Indemnification. To the extent permitted by applicable law, if at all, and without waiving its sovereign immunity or without intent to accept liability for any claim for which it would have sovereign immunity if sued in its own name, the Authority agrees to indemnify, defend, and hold harmless the City, its officers. employees and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the losses), arising out of any breach by the Authority of the terms and conditions of this Agreement, the City's approval of this Agreement and the Authority's activities or sole negligence of the City of Virginia Beach, its officers, employees and agents. In addition, the Authority shall protect, indemnify, and hold hamliess the City, its officers, agents, and employees, from any and all demands for fees, claims, suits, actions, causes of action, or Page 13 of 18 judgements based on the alleged infringement orviolation ofany patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunication service. Section 11. Hazardous Substances. The Authority shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement, and in any event the Authority shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of the City's acquiescence, the Authority shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from all costs, claims, damages, causes of action, liabilities, fines, or penalties, including reasonable attorney's fees, resulting from the Authority's violation of this section and agrees to reimburse the City for all costs and expenses incurred by the City in eliminating or remedying such violations. The Authority also agrees to reimburse the City and hold harmless the City, its officers, agents, employees and volunteers from any and all costs, expenses, attorneyy's fees and all penalties or civil judgments obtained against any of them as a result of the Authority's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near, or upon the City's premises. For purposes of this Section, the following definitions shall apply: "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials, and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act (42 U.S.0 §§ 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. §§ 2601, et seq.), as amended. As used in this Section, "release" includes the placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping of any substance. Section 12. General Provisions. (a) Authority_ The Authority warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City, and upon request by the City will provide evidence of such authority. (b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or the Authority may have, at law or in equity, for enforcement of this Agreement. Page 14 of 18 (c) Selverahility. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (d) No enforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other parry's compliance with any one or more of such terms or conditions of this Agreement. (e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or City, including all future laws and ordinances, the law and conflicting Agreement provision will. to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible, the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, notwithstanding the contract clause of the United States Constitution. (f) Controlling low and venue. By virtue of entering into this Agreement, the Authority agrees and submits itself to a court of competent jurisdiction in the City of Virginia Beach, Virginia or in the United States District Court for the Eastern District of Virginia, Norfolk Division, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction, including the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or Interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, the Authority agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. The Authority agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Authority, in all solicitations or advertisements for employees placed by or on behalf of the Authority, will state that the Authority is an equal opportunity employer, Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein_ The Authority agrees to comply with the good faith minority business efforts required by the Virginia Beach City Code. (i) Notices. (i) Notices given pursuant to this Agreement shall be in writing and addressed as follows: Page 15 of Is To the City: City of Virginia Beach City Manager Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 With a Copy to: City of Virginia Beach City Attorney Municipal Center, Building l 2401 Courthouse Drive Virginia Beach, Virginia 23456 To Grantee: Southside Network Authority Executive Director The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 With a Copy to: Southside Network Authority Authority Counsel Guynn, Waddell, Carroll & Lockaby, P.C. 415 South College Avenue Salem, Virginia 24153 (ii) Either party may change the address at which it will receive notices by providing written notice of the change to the other party. 0) Entire Agreement, Amendments. This Agreement constitutes the entire agreement between parties hereto with respect to the subject matter hereof and supersedes, any and all prior agreements, understandings and negotiations, whether written or oral, regarding the subject matter hereof. This Agreement cannot be amended unless in writing and signed by duly authorized representatives of each party. [Signature Page Follows] Page 16 of IS IN WITNESS WHEREOF, the parties have duly executed this Agreement. SOUTHSIDE NETWORK AUTHORITY 0 Name: Title: COMMONWEALTH OF VIRGINIA CITYICOUNTY OF , to -wit; The foregoing instrument was acknowledged before me this day of , 2022, by , of the Southside Network Authority. My commission expires: My commission number: Approved as to legal form: Authority Counsel Notary Public Page 17 of 18 (SEAL) CITY OF VIRGEWA BEACH A Virginia municipal corporation City Manager/Authorized Designee of the City Manager Date: r740mils City Clerk COMMONWEALTH 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, on its behalf He/She is personally known to me. Notary Public My commission expires: My commission number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2021, by , City Clerk of the City of Virginia Beach, on its behalf. He/She is personally known to me. My commission expires: My commission number: Approved as to Content: Information Technology Department Notary Public Approved as to legal form. City Attorney's Office Page 18 of 18 r -- t- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 23, Article II of the City Code, Pertaining to Noise MEETING DATE: June 7, 2022 ■ Background: In 2009, the City Council adopted the current version of the noise ordinance after the Virginia Supreme Court declared the City's previous noise ordinance unconstitutionally vague. The current noise ordinance system relies on sound pressure levels measured by noise meters. ■ Considerations: The proposed changes to the noise ordinance would streamline enforcement with reduced reliance on specialized sound meter equipment. The ordinance would establish a hybrid penalty structure, imposing civil penalties for some violations while preserving criminal penalties for repeat or severe violations. A key change in the noise ordinance is the addition of a "plainly audible" standard, where certain sounds that are plainly audible inside an individual's home or beyond a specified distance from its source would constitute violations. Sound is plainly audible if it can be heard by the human ear with or without a medically approved hearing aid or device. A violation of the plainly audible standard would result in a civil violation punishable by a fine of $250 for a first offense. Excessive noise as determined by decibel readings will continue to be violations under the proposed ordinance and may result in misdemeanor charges. The proposed ordinance has been updated to address concerns raised by Council during the May 24, 2022, workshop, such as clarifying the procedure to serve process on a business, reconciling the evening enforcement time, and defining "noise" and "noise source." ■ Public Information: The proposed amendments to the noise ordinance were publicly briefed during the City Council Workshop on May 24, 2022. The proposed ordinance was posted on the City website with detailed information on the Public Comment Session and how the public could provide input. Additionally, public information will be provided through normal Council Agenda process. ■ Recommendations: Approve updated ordinance ■ Attachments: Ordinance REQUESTED BY COUNCILMEMBERS TOWER AND MOSS 1 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE If OF 2 THE CITY CODE, PERTAINING TO NOISE 3 4 SECTIONS AMENDED: §§ 23-63, -64, -65, -66, -v7, -68, -69, -70, 5 AND -71 6 7 SECTIONS REPEALED: §§ 23-72, AND -73 8 9 WHEREAS, certain noise is a hazard to public health, welfare, peace and safety 10 and the quality of life of the citizens of Virginia Beach; and 11 12 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled 13 to and should be ensured of an environment free from noise that jeopardizes public 14 health, welfare, peace and safety or degrades the quality of life; and 15 16 WHEREAS, it is the policy of the City of Virginia Beach to protect the health, 17 welfare, peace and safety of its residents and visitors and to promote an environment free 18 from sound and noise disruptive of peace and good order; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That Sections 23-63, -64, -65, -66, -67, -68, -69, -70, and -71 of the Code of the 24 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 25 26 27 Chapter 23. OFFENSES 28 29 ARTICLE I. MISCELLANEOUS OFFENSES 30 31 .... 32 33 ARTICLE 11. NOISE 34 35 36 Sec. 23-63. Declaration of findings and policy. 37 38 The city Egy council hereby finds and declares that certain noise eXGeGriVe GE)URd 39 is a sera hazard to public health, welfare, peace and safety and the quality of life of 40 the citizens of Virginia Beach, a that s bstaRtial belly of scienGe and teGhnaleg - - . I 1 1 that u 41 �. hiGh exGesaiye sE)URd May hn Is, nc�t-Anti. " y abated: -that the people have a right to and 42 should be ensured of an environment free from noise excUes ��r d that n"+ay 43 jeopardizes t#e public health, welfare, peace and safety or degrades the quality of life, 44 and that it is the aqblic policy of the city council to prevent such noise exressiye Is 'rvrl to 45 the extent such action is not inconsistent with state or federal law or Constitutional a 46 Gitozen's r=iFst Amendment rights. 47 48 Sec.23-fi4. Definitions. 49 50 The following words, terms and phrases, when used in this article, shall have the 51 meanings ascribed to them in this section, except where the context clearly indicates a 52 different meaning: 53 54 A -weighted sound level means the sound pressure level in decibels as measured 55 on a sound level meter using the A -weighting network. The level so read is designated 56 dB(A) or dBA. 57 58 59 60 61 BaGkground noise levW shall mean the aggFegate of all sound SGUFGeS impaGting a 62 63 GpeGifC _GO Rd generation itself. 64 65 Decibel (dB) means a unit for measunng the volume of a sound, equal to twenty (20) 66 times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured 67 to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons 68 per square meter). 69 70 Dwellin-q unit means one (11 or more rooms arranged, designed, or intended to be 71 occupied as livin carters having rigid exterior wall structures. 72 73 74 PhYE;iGal injuFy or illness- or propeFty damage that requires Ornmediate aGtion. 75 76 Emergency andpublic safety work means any work performed for the purpose of 77 preventing or alleviating t#e physical injury= of illness, or property damage threatened G+ 78 Gaused by an emergency, or work performed by public and private service companies 79 constructing, inspecting, and repairing utilities, repairing and maintaining roads, bridges, 80 and highways, providing snow removal, and the operation o€public safety and emergency 81 vehicles. 82 83 Enclosed dwelling unit means the dwelling unit has its doors and windows closed_ 84 85 Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and 86 other openings closed. 87 88 89 a6 the reGOmmended maximum leaded weight of a single mGt9F yehiGle. in Gase6 whefe 90 91 92 of the GE)F 1l71RatiOR VehiGle shall h-e 111+4rl 93 94 95 , 96 . 97 98 Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of 99 Virginia, 1950, as amended. 100 101 102 103 104 105 106 wheels in GentaGt with the gFOuRd and any f4aur wheeled vehide welghing less thaR fiv 107horsepoweF 108 exGentiRg form +,-GtOFS , 109 110 Motor vehicle means eve vehicle defined as a motor vehicle by 46.2-100 of Code 111 of Virginia (1950), as amended-aRY Self Pepetled-deViGe Or d8V'Ge designed fQF self 112 113 upon a GtFeet OF hi@hWay, 114 upon station -an. wheels ,-.r tr@Gks 115 116 Noise means the intensity, frequency, duration, or character of sounds from one or 117 more sources any audible sound WhiGh diGtwbs of tends to disturb hwmaAS OF Whi 118 119 120 Noise source means any equipment —facility, motor vehicle conduct activity or 121 operation, whether human, animal, mechanical, electronic or other, and whether 122 continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, 123 which produces or results in an audible sound_ 124 - -- 125 Person means any individual, corporation, cooperative, partnership, firm, 126 association trust estatepublic or private institution, group, agency, ❑litical subdivision 127 of this state or any legal successor, representative, agent or agency of the foregoing. 128 _ .._ --- 129 Plainly audible means any sound or noise that can be heard by the human ear with 130 or without a medically approved hearing aid or device. Specific words or phrases need 131 not be discernible. The detection of bass reverberations is sufficient to constitute a plainl 132 audible sound. The sound must not be so faint that its source cannot be identified. 133 134 PUbfiG area M8aRs any real pFopwty owned by the government, iPG1WE1iRg. bUt ROt 135 136 137 138 persons resides on a permanent or tempoFaFy basic inG' diRg bUt ROt limited tee t,eusec 139 ap a tm�� I+.-ep�d eMmRi� imp- h9tolc and metupcn-rrr[ , 3�a,�rt 140 141 1421 GGRSide�atias far payment. Far 143 , 144 taverns, Ge#ee shops- R-R -t r;;FQs 145 146 _School means a public school subject to Title 22.1 of the Code of Virginia_, 1950, as 147 amended, a private school serving children in one (1 ) or more _grades between 148 kindergarten and grade twelve (12), a school for students with disabilities as that term is 149 defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a chili day-care 150 center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as 151 amended. and any public or private institution_ of higher learning, as those terms are 152 defined in Section 23.1-100 of the Code of Vim inia 1950 as amended. 153 154 Sound amplifying equipment means any machine or device for the amplification of 155 the human voice music or any other sound. This term shall not include waming devices 156 on authorized emergency vehicles. or horns or other warning devices on other vehicles 157 used only for traffic safety purposes. 158 159 Sound means an oscillation in pressure, partic#e displacement, particle velocity or 160 other physical parameter, in a medium with internal forces that causes compression and 161 rarefaction of that medium. The description of sound may include any characteristic of 162 such sound, including duration, intensity and frequency. 163 164 Sound goneratOn means any GendUGL. aGtiVity OF operation, Whethef hUMaR, 165 , 166 wheth6r stationary eFambulaloFy on natufe, 167 168 Sound level means the weighted sound pressure level obtained by the use of a 169 sound level meter and the A -frequency weighting network, as specified in American 170 National Standards Institute specifications for sound level meters. 171 172 Sound level meter means an instrument which includes a microphone, amplifier, 173 RMS detector, integrator or time averager, output meter and weighting networks used to 174 measure sound pressure levels. 175 176 177 Sec. 23-65. Administration and enforcement. 178 179 (a) The department of police shall be charged with administering and enforcing the 180 provisions of this article and may be assisted by other city departments as directed 181 by the city manager. The PG'i a de paFtmrent is c „o 1 r„mmrtnc ff]rPnfr+rr.nFnG R 182 183 184 (b) Any person operating, or controlling a source of noise shall be quilty of 185 any violation caused by that source. If the person operating, permitting, or controlling 186 the noise source cannot be identified, or the noise source is a business entity or 187 premises, any owner, tenant, resident, or manager physically present on the 188 property where the noise source is located may be charged if the circumstances 189 establish their dominion and control over the noise source. Nothii;g iR #4 -%� 190 shall pF-eGIwde a private Gitizen fmFn obtaining a FRagistFate's surnmens based upe 191 a probable GaUJfdeten:niR@6GR by the -magistrate 192 (c) Whenever an authorized enforcement officer has reason to believe that a violation 193 of any provision of this article has occurred and may re -occur, such officer may ive 194 notice of the violation to the person operating, permitting, or controlling a source of 195 noise in violation of this article, ordering the person to take such corrective measures 196 as are necessary to prevent such re -occurrence- If a noise source in violation_ of this 197 chapter is a business entity or premises, any owner, officer, director, or registered 198 agent may be served with the notice and order. The notice and order shall be in 199 writing and shall be served_personallyupon the person to whom directed, or if not 200 found, by mailing a copy thereof by certified mail to his or her usual place of abode 201 and conspicuously posting a copy at the premises affected by notice and order, if 202 any. - - _ 203 (d) Nothing in this article shall prevent an authorized enforcement officer from making 204 efforts to obtain _v_oluntan _c_ompli-a_n_ce through warning, conference or any other 205 appropriate means. 206 207 Sec. 23-66. Specific Prohibitions (Civil Violations). 208 - - 209 (a) ❑nY peFSr+r+ ,i.Fxn trir,later any nrr.■ricion of this artide shall be deemed to be guilty 9 210 a Glass 3 mi 211 212 Glass 2 misdemeanor 213 214 215 manager phy 216 pFesume t IIG hn -1 !Ifinn nr rrtntrnllinn the Rems,e sour 217 21$ 219 pFevismen6 of this artmGle and may seek any etheF Femedy 9F Feli8f autheFized by law. 220 Subiect to the exceptions provided in Section 23-70any of the following acts or the 221 causing or permitting thereof, is declared to be a civil violation of this Article without an 222 requirement of scientific measurement of sound levels by a sound level meter or any 223 similar device. This enumeration shall not be construed to limit, in any way, the general 224 prohibitions_ contained_ in Section 23-67: 225 (a) Radios television? sets musical instruments and similar devices. a eratin la Yin 226 or permitting the operation or playing of any radio, audio system in a motor vehicle, 227 television, record, tape or compact disc player, drum, musical instrument, or any 228 device capable of Producing or re roducin sound or similar device in such a 229 manner or with such volume or duration that it is plainly audible i inside the confines 230 of another erson's enclosed dwelling unit ii at a distance of 100 or more feet in 231 any direction from the operator between the hours of 7:00 a.m. and 10:00 p.m.; or 232 NO at a distance of 50 or more feet in any direction from the operator between the 233 hours of 10:00 p.m. and 7:00 a.m. 234 (b) Loudspeakers, public address systems. amplifiers and _similar devices. Using, 235 operating or permitting the operation of any loudspeaker, public address system, 236 mobile sound vehicle, communication system, amplifier, or similar device capable of 237 pMplifying sound including any such device in a motor vehicle. for any Purpose 238 between the hours of 10.00 p.m. and 7:00 a.m. in such a manner as to permit sound 239 to be Plainly audible i inside the confines of another erson's enclosed dwelling 240 unit or 00 at fifty 50 or more feet from the device. 241 (c) Vehicle horns signalir'�Q devices and similar devices. Sounding or permitting the 242 sound ing of any horn whistle signaling device or similar device on any automobile 243 motorcycle or other vehicle on any right-of-way or in any public space continuously 244 or intermittently for more than ten (10) consecutive seconds, except when the 245 sounding of any such device is intended as a danger waminq. 246 (d) Non -emergency signaling devices. Soundinq or permittinq the soundina of an 247 amplified signal continuously_ or intermittently from any bell chime, siren, whistle or 248 similar device intended Primarily for non-emeMency purposes from any one location 249 for more than ten (10) _consecutive seconds in any hourly period -provided. however, 250 that this subsection shall notapply to the sounding of such devices by religious uses 251 or by public bodies or agencies for testing, traffic control or other public purposes. 252 (e) Emergency signaling devices, security, burqlar and fire alarms, etc. Soundina or 253 permitting the continuous or intermittent sounding outdoors of any emergency 254 signaling device or any security, burglar or fire alarm siren whistle or similar 255 device, including without limitation any motor vehicle security alarm, siren whistle. 256 or similar device fora period in excess of ten 10 minutes in any residential area 257 and fifteen (15) minutes in any other area, except in response to a burglary, 258 attempted burglary, fire, or other emergency after giving notice and a reasonable 259 opportunitv for the owner or person in possession of the premises served by an 260 such alarm to turn off the alarm. 261 (f) Explosive, fireworks and similar devices. Using or firina a n v explosives. fireworks or 262 similar devices which create impulsive sound in such a manner as to be plainly 263 audible 0) inside the confines of another person's enclosed dwelling unit; or (ii) at 264 fifty 50 or more feet from the source. An exception to this subsection may be 265 granted by the City Manager through a fireworks permit. 266 (g) Yelling,shouting,etc. Yefling, shouting,whistling or sin-ging between the hours of 267 10:00 p.m. and 7:00 a.m- in such a manner as to permit sound to Plainl audible i 268 inside the confines of another erson's enclosed dwelling unit; or ii at fifty 50 or 269 more feet from the source of the sound. 270 (h) Social atherin s and arties. Al lowi n-q a ny noise between 10:00 D.m. and 7:00 a.m. 271 generated from a gathering of two (2) or more people that is plainly audible 0) inside 272 the confines of another erson's enclosed dwelling unit, or ii in a residential area 273 at fifty 50 or more feet from the gatherinq. 274 Schoolspublic buildings, laces of worshi , and hospitals. The creation of any noise 275 on the grounds of or on any street adjacent to any school, court, public building, 276 place of worship, hospital, nursing home, or assisted -living facility while the same is 277 in use in a manner that is plainly audible within such building while it is use and 278 interferes with the operation of the institution. 279 (Jl Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city 280 with a gutted muffler, muffler cutout straight exhaust or without an exhaust in good 281 working order, as provided by Code of Virginia § 46.2-1047, 282 (k) Construction equipment, pneumatic hammer, chain saw, etc. The operation of an 283 bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, 284 pneumatic hammer, chain saw, steam shovel derrick steam or electric hoist or 285 other appliance or other construction equipment between the hours of 10:00 p.m. 286 and 7:00 a.m. except as provided in section 23-70 below, or as specifically deemed 287 necessary and authorized by a written document issued by the city manager or his 288 designee.- 289 (1) Animals. Allowing any animal or bird to create sound or noise that is plainly audible 290 at least once a minute for twenty (20) consecutive minutes inside the confines of 291 another person's enclosed dwelling unit; or (ii) at a distance of fifty (50) feet or more 292 from the animal or bird. This subsection shall not apply to any bona fide agricultural 293 activity. 294 (m) Commercial vehicle and trash collection vehicle operation. The operation of a trash, 295 refuse waste, or recycling collection vehicle or other commercial vehicle between 295 the hours of 10:00 p.m. and 7.00 a.m., in such a manner as to be plainly audible 297 inside the confines of another erson's enclosed dwelling unit. 298 (n) Lawn care activities. Creating any sound or noise plainly audible inside the confines 299 of another erson's enclosed dwelling unit between 10:00 p.m. and 7:00 a.m. in 300 connection with lawn care, leaf removal gardening, tree maintenance or removal or 301 other landscaping,lawn or timbering activities. 302 303 Sec. 23-67. Noi5e violations measured by sound level meter; maximum permitted 304 levels Criminal Violations €xreptions. 305 306 307 of persons to the exi-steRGe of an 21 the -d se-und E.R. the 308 peFfqFmar4ge ef ernergenGy weFk-; 309 310 the Fegulatip-n of Poise haS beeR pFeempted by federal law. 311 In addition to thespecific ecific rohibitions of Sections 23-66 above certain other sounds 312 or noises shall be regulated on a decibel basis as measured by a sound level meter. 313 Subject to the exceptions provided in Section 23-70, any of the following acts, or the 314 causing or permitting thereof, is declared to be a criminal violation of this Article: 315 (a) Operating, permitting, or causing any _source of sound or noise to create a sound 316 level inside the confines of another person's enclosed dwelling unit between the 317 hours of 10:00 p.m. and 7:00 a.m. in excess of fifty-five 55 dBAt or between the 318 hours of 7:00 a.m_. and 10:00 p.m, in excess of sixty-five (65) dBA, when measured 319 inside the enclosed dwelling unit at least four 4 feet from the wail nearest the 320 source, with doors and windows to the receiving area closed. 321 (b) Operating, permitting, or causing any source of sound or noise to create a sound 322 level that when measured in any public -area -including but not limited to any public 323 street or sidewalk. or from other private property, between the hours of 7:00 a.m. 324 and 10:00 p.m. exceeds seventy-five (75) dBA, or between the hours of 10.00 p.m. 325 and 7:00 a.m. exceeds sixty-five (65) dBA, provided, however that the provisions of 326 this subsection shall not apply to any outdoor performance, parade, gathering, 327 dance, concert, show, sporting event, or other event sponsored by the city or for 328 which the city has granted a permit. 329 330 Sec. 23-68. Sound level meter measurement procedures (Criminal Violations)u-se _ 331 of sa-un.d 'eve! meters 332 333 (a) The decibel level of any sound or noise regulated on a decibel basis by this article 334 shall be measured by a sound level meter. The text Fe Such measurements 335 shall be accepted as prima facie evidence of the level of sound or noise at issue in 336 any court or legal proceeding to enforce the provisions of this article if admini6t - 337 4 R acGepdaRGe 33$ 339 The 340 accuracy of the sound level meter may be tested by a calibrator.-Any_sworn report 341 of the results of any test of the calibrator for the accuracy of a sound level meter 342 shall be admissible in court in any criminal or civil proceeding. as evidence of the 343 facts therein stated. 344 (b) An individual operating a sound level meter pursuant to the provisions of this article 345 shall issue a certificate to indicate: 346 (1) That the sound level meter used to take the decibel level reading was 347 aerated in accordance with the manufacturer's specifications; 348 (2) That the city has on file a sworn report which states that the sound level meter 349 has been tested within the past twelve_ (12) months and has been found_ to be 350 accurate; 351 (3) The name of the accused; 352 (4) The iocation of the sound or noise: 353 (5) The date and time that the reading was made; and 354 (6) The decibel level readin 355 (c) Such certificate, when attested by the operator takinq the decibel level reading, shall 356 be admissible in court in any proceedingas evidence of the facts therein stated and 357 of the decibel level reading. A copy of the certificate shall be delivered to the accused 358 upon request. T�^ 359 360 Sec. 23-69. Violations and PenaltiesAA-aYim. Wn . sound ►e■ra►cand rcsidenti."I 361 dwelliFigs. 362 363 (a) Civil Violations. Any person who commits, permits, or assists in any violation of 364 Section 23-66 of this article, whether by act or omission, shall be liable for a civil 365 violation as follows: 366 (1) The first violation by such person shall be punished by a civil penalty in the 367 amount of $250. 368 (2) The second violation, and any subsequent violation, committed by such 369 person within one year of any previous violation shall be punished by_a civil 376 penalty in the amount of $564. 371 (b) Procedures for Civil Violations. 372 (1) if an authorized enforcement officer determines that a civil violation of this 373 article has occurred, the officer may cause a notice of the violation to be 374 served on any or ali persons committing, permitting, or assisting in such 375 violation. 376 (2) The notice shall p rovide that the person char ed with a violation may elect to 377 make an appearance in person, or in writing by mail to the treasurer of the 378 city. and admit liability for or plead no contest to the violation, abate the 379 violation, and pay the civil penalty established for the violation, all within the 380 time period fixed in the notice. 381 (3) If a person charged with a civil violation does not elect to admit liabilityoor 382 plead no contest, and abate the violation, the violation shall be tried in the 383 Virginia Beach General District Court upon a warrant in debt or motion for 384 judgment, with the same right of appeal as provided for civil actions at law. 385 (i) In the event the violation exceeds the jurisdictional limits of the General 386 District Court, the violation shall be tried in the Vir inia Beach Circuit 387 Court. 388 (4) A finding or admission of liability or a plea of no contest to a civil violation 389 shall not be deemed evidence of a criminal violation for any pumose. 390 (5) A notice of civil violation as provided in this section may be issued or -had 391 notwithstanding that no prior notice of violation and ordering of corrective 392 measures as provided in Section 23-65 has been given. 393 (c) Criminal Violations 394 S 1 } Any person who commits, permits, or assists in any violation of Section 23- 395 67 of this article, whether by act or omission, shall be guilty of a misdemeanor 396 as follows. 397 (i) The first violation by such person shall constitute a class 2 398 misdemeanor. 399 (it) The second violation and any subsequent violation committed by such 400 person within one ear of any previous_ violation shall constitute a class 401 1 misdemeanor. 402 (2) Rr3y_person who knowingly refuses or neglects to comply with any injunction 403 order issued by a Court of comoetent iurisdiction or any written order to_c_ease 404 or abate any violation of this article, issued by an authorized enforcement 405 officer pursuant to Section 23-65(c), shall be guilty of a misdemeanor as 406 follows: 407 (i) The first violation by such person shall constitute a class 2 408 misdemeanor. 409 (i i) The second violation, and any subsequent violation, committed by such 410 person within one year of any previous vio_Fation shall constitute a_clas_s 411 1 misdemeanor. 412 (d) Injunction. In addition to and not in lieu of the penalties prescribed in this section, 413 the city may apply to the Virginia Beach Circuit Court for an injunction against the 414 continuing,repeated, or intermittent violation of any of the provisions of this article 415 and may seek any other remedy or relief authorized by law. 416 (e) Each hour of a continued repeated, or intermittent violation shall constitute a 417 separate offense, whether civil or criminal, under this article. 418 419 a sound level that GaR hA h.Rprd iR aROth6F PeFSOR'S residential dwelling during 420 421 t-N-a rA_c_;id_t9nr_,L_m -at le-ast fGwF (4) feet from the wall nearest the soume, with dGer's An 422 farinriews to the reGesiyinn aF8a r_lr See 423 424 . 425 426 least fouF (4) feet fmFn the newest the SOUFGe, With dOGFS 2Rd WiRdOWS R"48 427 Pea nlosed 428 429 EaSs E mi ,Itifamily dw g r5r •s rrt. A use e StFUGtUFe the pelire rlepa tmoRtFRay take 430 431 432 433 434 doors and windows to the FeGem .inns_area clan 435 436 .ia.r Fne pFohihitiOn cat Earth in s,,hseGtion (b) of this seGtinn• 437 43$ 439 Gelleges OF wniyeFs4l'-c 440 441 fasil itil-g; 442 (3) AGtivitier, r0ated to the ,.,,ASV . firm rem-r lteRaRGe, ai F-FROdeliAq Of 443 v v... s rvr,inrr r, �ruarr-rg de ,,Iitinn gfadir.n E)F other ir.�eurs�.�monf of runt property, 444 445 446 (6 gFi GUltural nrtireiti s, 447 - 44$ 449 nmterted by the P.mm AmerartmeRt to the 1 IRO'led R-UateS 1 oRstlt, hir r, 450 C3ublir Vansportatinn refUGe GG'Ier•tion and ccin■iroc (8) sanitati. 451 452 Sec. 23-70. Exceptions�@tor ••a- rv>h'rvie maximum sound levee's, u�iifia 453 (FOM yehir lee. 454 455 The prohibitions found in Sections 23-66 and 23-67 shall not apply to: 456 (a) Noise created for purposes of alerting persons to the existence of an emergency, 457 provided such noise ceases once any such threat is no longer imminent. 458 (b) Noise created in the performance of emergency and public safety warm or law 459 enforcement activities, including radios, sirens,_ horns, and bells on police, fire, or 460 other emergency response vehicles. 461 (c) Noise created by and as a result of events or activities sponsored by the City. 462 (d) Activities permitted by law for which a specific license or permit has been granted 463 by the city, state or federal government including, but not limited to, noise generated 464 by and necessary for the conduct of public festiva#s parades, -special events and 465 celebrations of recognized federal, state and local holidays. 466 (e) or sound produced by a horn or warning device of a vehicle when used as a 467 _Noise warning device, including back-up alarms for trucks and cther equipment. 468 (f) Clocks bells and carillons between the hours of 7:00 a.m.-and 10-00 p.m.,provided 469 that any such sounds do not occur for more than five (5) consecutive or non- 470 consecutive minutes in anyone (1)hour. 471 (g) Locomotives and other railroad equipment, and aircraft. 472 (h) Military activities of the Commonwealth of Virginia or of the United States of America. 473 (i) Activities for which the regulation of noise has been preempted by federal law. 474 (j) A ricultural activities conducted between the hours of 7:00 a.m. and 10;00 p.m. in 475 an agricultural area. 476 (k) Band performances or practices, athletic contests or practices and other school- 477 sponsored activities on the grounds of public or private schools, colleges, or 478 universities. 479 480 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 (t) Normal and customary use of outdoor recreational facilities owned or teased by the cif -- - (m) Normal and customary use of open-air venues for which a conditional use permit has been issued pursuant to the city zoning ordinance. - - - - um m I Any mate FGyG e I $2-- I 86— , 03 559 A determination of invalidity or unconstitutionality by a court of competent jurisdiction 560 of any clause, sentence, paragraph, section or part of this article shall not affect the 561 validity of the remaining parts thereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department CA15515 R-1 May 31, 2022 i City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding a Proposed Name for an Inlet Near Sandbridge MEETING DATE: June 7, 2022 ■ Background: The Virginia Board on Geographic Names received a proposal, which was forwarded to the Board by the U.S. Board on Geographic Names, to name an unnamed bay in Virginia Beach "Kona Inlet." The Senior Map Archivist of the Library of Virginia, on behalf of the interim State Archivist at the Library of Virginia, contacted the City to seek the City Council's opinion on the proposed name. The bay is approximately 0.2 miles long and 0.2 miles wide; it is located on the east side of Sandbridge, 1.1 miles east of Porpoise Point between North Bay on the north and Shipps Bay to the south. The proponent noted that the Hawaiian word "kona" is a synonym for leeward; the inlet is located on the leeward side of Sandbridge- 0 Considerations: The Back Bay Restoration Foundation considered the proposed name but instead recommends the name "Shipps Bay Inlet," which is a historically relevant name. The waterway to the south of the inlet is named Shipps Bay, as noted in multiple documents recorded in the Virginia Beach Circuit Court Clerk's Office dating back to 1951. This resolution lists of several of those historical records. The resolution recommends that it be named "Shipps Bay Inlet," because the bay it flows into has been recognized and documented as "Shipps Bay" for more than seven decades. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmember Henley 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 REQUESTED BY COUNCILMEMBER HENLEY A RESOLUTION REGARDING A PROPOSED NAME FOR AN INLET NEAR SANDBRIDGE WHEREAS, the Virginia Board on Geographic Names received a proposal, which was forwarded to the Board by the U.S. Board on Geographic Names, to name an unnamed bay in Virginia Beach "Kona Inlet"; WHEREAS, the bay is approximately 0.2 miles long and 0.2 miles wide; it is located on the east side of Sandbridge (formerly known as Sand Ridge or Sand Bridge), 1.1 miles east of Porpoise Point between North Bay on the north and Shipps Bay to the south; and its coordinates are 36042'16"N, 75c55'54"W: WHEREAS, the name proposed for the inlet is "Kona Inlet," and the proponent noted that the Hawaiian word "kona" is a synonym for leeward; the inlet is located on the leeward side of Sandbridge; WHEREAS, the waterway to the south of the inlet is named Shipps Bay (or, in older records, "Shipp's Bay"), as noted in multiple documents recorded in the Office of the Clerk of the Virginia Beach Circuit Court, including plats from 1951 (Map Book 26. at page 70) and 1977(Map Book 123, at page 29); a 1968 deed (Deed Book 1092, at page 307); a subdivision plat recorded in the 1987 (Deed Book 2610, page 843), and, as a boundary line in a 1958 deed for land adjacent to the bay (Deed Book 603, at page 11), the waters west of the Shipps Bay subdivision in Sandbridge have been known as "Shipps Bay;,, WHEREAS, this area has been known as Shipps Bay for more than 70 years, as memorialized in official records of the City; WHEREAS, the Senior Map Archivist of the Library of Virginia, on behalf of the interim State Archivist at the Library of Virginia, contacted the City to seek the City Council's opinion on the proposed name of "Kona Inlet"; and WHEREAS, feedback from stakeholder groups has made it apparent that a name with historical significance to the area would be preferred; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Council recommends that the inlet be named "Shipps Bay Inlet," because the bay it flows into has been recognized and documented as "Shipps Bay" for more than seven decades; and 43 The City Clerk shall forward a copy of this adopted resolution to the Virginia Board 44 on Geographic Names and also provide a copy to the Senior Map Archivist of the Library 45 of Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attomey's Office CA 15842 R-2 May 26, 2022 2 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Services Micro -Grant to Men of Faith for Youth Development Camps and Academies MEETING DATE: June 7, 2022 ■ Background: Men of Faith, a local non-profit is seeking a Community Services Micro -Grant to help support various youth development camps and academies from June 2022, through December 2022. Men of Faith provides free community programs to both youth and adults that center around education, sports, volunteering, and mentorship. This specific request is to help support Men of Faith's Summer Reading Academy, STEM camps and workshops, and the organizations mentorship program_ The organization supports the New Oak Grove Summer Reading Academy through the purchase of books and supplies. as well as the provision of professional training and background checks. The organization also hosts STEM camps and workshops for middle school and nigh school students to provide them with hands-on experience in fields like drone engineering, computer game design, and cybersecurity_ These camps and workshops include field trips, transportation, and meals, with all supplies being provided by Men of Faith. The Men of Faith also has a mentorship program, which partners mentors with youth in school programs, church programs, and community organizations. These mentors are required to go through background checks, as well as a mentorship training program, all of which is funded by the organization. ■ Considerations: Men of Faith is requesting $5,000 to assist with the cost of various camps and academies for the remainder of the year. Funding will be provided by Non -Departmental opportunity grants. The micro -grant policy allows for a total of $10,000 to be awarded to any one organization. In FY 2020-21, Men of Faith received $5,000 for a youth program. The micro -grant program is funded at $20,000 annually, and grants are awarded on a first - come -first -served basis. If this grant is awarded, the FY 2021-22 balance for the micro - grant program will be $5,000. Previous awards in this fiscal year were given to the Hispanic Resource Center and the Virginia Beach Fire Foundation. ■ Public Information: Normal City Council agenda process ■ Attachments: Ordinance, Application; Disclosure Form Requested by Council Member Branch Submitting Department/Agency. Budget and Management Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AWARD A $5,000 COMMUNITY SERVICES MICRO -GRANT TO MEN OF FAITH FOR YOUTH DEVELOPMENT CAMPS AND ACADEMIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $5,000 Community Services Micro -Grant be awarded to Men of Faith to help support various youth development camps and academies from June 2022 through December 2022. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022, Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L-2�' aadin - 07� - - - Budget and Management Services City Att7birtce CA15843 R-1 May 25, 2022 N)Bay0j Virginia Beach COMMUNITY SERVICES MICRO-GRANTAPPLICATION Organization: _ /RCN o i Address: P.0 Box 56671, Virginia Beach 23456 Phone:757.237.6257 Email:rrtphy@ aol.com office@mofvb.org Amount of funding requested: $ City Council Sponsorship: 5,000 ($250 minimum/$5,000 maximum) As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potentlaI approval by the City Manager. /�rr1 ka"01 � 4g z ?- City Council Member l6rinted Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3) organization: ®Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑Recognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. Page 1 of 4 ❑K-12 public/private school, charter school, community/junior college, state/private college, or university. El Nondenominational organization, if authorized by Virginia State Code, Section 15.2-953, with a proposed project that addresses and benefits the needs of the community at large. ®Non-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below? Yes ❑ /No If yes, please select the organization. ❑ Amer! can Cancer Society❑ American Diabetes Association ❑ United Way ❑American Heart Association❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete, and not considered for approval. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain flow (500 words or less). Men of Faith is a 5016 organization, The organization provides community programs for youth and adults free of charge. Programs for underprivileged youth address education, sports, volunteering, and mentoring. Education programs assist students in the Virginia Beach city schools with discipline, mentoring, and academic achievement. Students have an opportunity to travel to the state capitol and learn firsthand from Virginia Beach elected officials and others about the political process. Sports programs address the health and welfare of students throughout the year With workshops, sports camps, and mentoring. Workshops are offered throughout the year for both youth and adults participating in community programs. Students have an opportunity to volunteer with the summer camps and earn community service hours while learning soft job skills. Youth involved in the Mentor program are trained prior to receiving a mentor who also receives training about the advantages of being a mentor and the challenges. Men of Faith offers a Match Program and Mentor 'Training for community organizations. All programs and training offered by Men of Faith are free and open to residents and their families of the city of Virginia Beach. Page 2 of 4 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation timeline (No more than 1,000 words). Name of i-roject: Youth twichnient and Support Programs 1. Summer Reading Academy for students in grades K-6. Men of Faith supports the New Oak Grove Summer heading Academy. Items that are sponsored: Books. supplies, professional training, background checks. 2. STEM Camps and Mini -Workshops for middle and high school students. Students have an opportunity to experience hands on projects. Students engage with trained engineers to learn about drone engineering, computer game design and cybersecurity. Summer STEM Camps include field trips, transportation, and meals. All supplies and equipment for projects will be provided by Men of Faith (drones, remotes, 3D printer, graph paper, supplies). Students receive Safe Flying certificates at the end of the program, 3. The Mentor Program matches Mentors with students of all ages and participants in all programs provided by Men of Faith. Mentors and training are provided year- round. Men of faith partner with the public school system and churches to provide and train mentors. Mentors are trained and matched with youth in school programs, church sponsored programs, and community organizations. Mentors are required background checks which are paid for by Men of Faith. All mentors are required to go through three hours of pre -mentor training and two hours of training after matching with a mentor. All training is sponsored by Men of faith and its community partners. Ongoing training is provided for the trainer and mentors. Professional training and conferences are supported and funded by Men of Faith for the professional trainer. Mentor Training — training is provided by a professional trainer. Men of Faith provides professional training to community groups, churches, schools, businesses, and organizations. Service: Youth Development Camps and Academies Total Project Cost: $5,000 Other sources of funding: Private donations 5016 Status: Active Program Implementation Timeline: June 2022 — December 2022 Training Programs are repeated throughout the year. Summer camps begin in July STEM Programs begin in the summer and can continue as a Saturday Academy during the school year. 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? if so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnershiphas existed. Page 3 of 4 Men of Faith is not currently receiving funding from the City of Virginia Beach for the Summer Reading Academy, STEM Camp or Mentor Program. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three 3 above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been providedto date, and how long the funding partnership existed. prior funding included: Summer Opportunity grant, two VB Relief C. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City. Organization Name: Men of Faith Authorized Agent: Ron Taylor Authorized Agent: President (Printed Name) (Printed Name) (Printed Title) Authorized Agent: (Signature) Date: r _ Page 4 of 4 DISCLOSURESTATEMENT FORM The corrrpieiiiun and subrrrissiort of this form is required for ail applicaLioni wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the earistence of such reiatiortships in Advance of airy vote upon such tpPiicatium SECTION 1 / APPLICANTDISCLOSURE :Zatlon i1a1li�: RAenOf Faith SECTION 2. SERVICES DISCLOSURE Are any of the following ervices bneinci Providedinconnection with the ar)olicant? If ll1lj►�`j LV �11■ IL`1�11 jr1I�LJ.1`ujL � IU4�ILIIY 1114 1ii111 yr IIIuIYIV yi NI VYIL�1+;je service. L YES NO SERVICE PROViDER(use additional sheets if �----- I i needed) j Accounting and/or preparer of YOW tax return Finand I services Vnclttde - tending/oanking institutions and current mortgage holders as I applicable] Legal Services r igroker/Contractor/Engineer/Other ! I Service Providers Moore & Torrence B 0okkeepiny Chartway Credit union CERTIFICATION: Icertifythat all oftheinformationcontainedin this Disclosure Statement Formis l com ,fete, true,andaccurate. Iunderstandlamresponsibleforupdating the information provided herein if it prior to the Council action upon this Application. I'l ct ' Ronald Taylor APPLICANT'S SIGNATU PRINT NAME 5/ 3 1 /2 z DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: A Resolution Adopting the Updated 2022 Hampton Roads Hazard Mitigation Plan MEETING DATE: June 7, 2022 ■ Background: The Federal Emergency Management Agency (FEMA) requires jurisdictions to have an approved and adopted Hazard Mitigation Plan, updated on a five- year cycle, in order to seek Hazard Mitigation Assistance (HMA) grant opportunities. In 2021, the City of Virginia Beach participated in the fve-year plan update cycle under the management of the Hampton Roads Planning ❑istrict Commission (HRPDC) and in coordination with partner Hampton Roads jurisdictions. The updated 2022 Plan has been approved by the Virginia Department of Emergency Management (VDEM) and FEMA. The final step is for the City Council to formally adopt the Plan. ■ Considerations: The intent of the Hampton Roads Hazard Mitigation Plan is to assist the City in understanding its vulnerability to natural hazards and to outline mitigation strategies that might be used locally and regionally to mitigate the Impacts of natural disasters. HMA grant opportunities require jurisdictions to have a current Hazard Mitigation Plan to apply for funding. ■ Alternatives: Without adoption of the 2022 Hampton Roads Hazard Mitigation Plan, the City loses its eligibility to seek future HMA grant opportunities. ■ Public Information: Several regional public meetings were held as part of the mitigation plan development process and are documented within the Plan in detail. The Plan, if adopted, will be made publicly available and will serve as a resource to provide the public with information on community hazards and vulnerabilities. The plan and appendices can be viewed on the website of the HRPDC at this link: www.hrodcva.aovldeoartmentslerneroencv-manaaement/2022-hami)ton-roads-hazard- mitigation-plan ■ Recommendations: Approval ■ Attachments: Resolution, FEMA Local Mitigation Plan Review Tool Recommended Action: Approval - i ' J"�" Submitting DepartmentlAgency: Office of Emergency Management City Manager: Ap 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION ADOPTING THE UPDATED 2022 HAMPTON ROADS HAZARD MITIGATION PLAN WHEREAS, the City Council of the City of Virginia Beach, Virginia recognizes the threat that natural hazards pose to people and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, an adopted Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post -disaster mitigation grant programs; and WHEREAS, the City of Virginia Beach participated in the FEMA-prescribed mitigation planning process to prepare this Hazard Mitigation Plan; and WHEREAS, the Virginia Department of Emergency Management and Federal Emergency Management Agency, Region III officials have reviewed the "2022 Hampton Roads Hazard Mitigation Plan" and approved it contingent upon this official adoption of the participating governments and entities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach, Virginia adopts the "2022 Hampton Roads Hazard Mitigation Plan" as an official plan; and BE IT FURTHER RESOLVED, the City of Virginia Beach will submit this Adoption Resolution to the Virginia Department of Emergency Management and Federal Emergency Management Agency, Region III officials to enable the Plan's final approval. Adopted by the Council of the City of Virginia Beach, Virginia this day of .2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Offide of Eme ency Management City Attorney's Off CA15846 R-1 May 27, 2022 LOCAL MITIGATION PLAN REVIEW TOOL +HHP❑ The Local Mitigation Plan Review Tool demonstrates how the Local Mitigation Plan meets the regulation in 44 CFR §201.6 and offers States and FEMA Mitigation Planners an opportunity to provide feedback to the community. • The Regulation Checklist provides a summary of FEMA's evaluation of whether the Plan has addressed all requirements. • The Plan Assessment identifies the plan's strengths as well as documents areas for future improvement. ■ The Multi -jurisdiction Summary Sheet is an optional worksheet that can be used to document how each jurisdiction met the requirements of each Element of the Plan (Planning Process; Hazard Identification and Risk Assessment; Mitigation Strategy; Plan Review, Evaluation, and Implementation; and Plan Adoption). The FEMA Mitigation Planner must reference this Local Mitigation Plan Review Guide when completing the Loral Mitigation Plan Review Tool. Jurisdiction: Title of Plan: Date of Plan: HAMPTON ROADS, VIRGINIA HAMPTON ROADS HAZARD APRIL 2022 (EXPECTED) MITIGATION PLAN Local Point of Contact: Address: JOHN SADLER HRPDC THE REGIONAL BUILDING Title: EMERGENCY MANAGEMENT ADMINISTRATOR 723 WOODLAKE DRIVE CHESAPEAKE VA 23320 Agency: HAMPTON ROADS PLANNING DISTRICT COMMISSION Phone Number: 757-420-8300 E-Mail: isadler@hrpdcva.gov State Reviewer: Title: Date: Chris Bruce VDEM Region 5 Planner March 31, 2022 T.J. Rippon VDEM Region 5 — Olson March 25, 2022 Group Consultant FEMA Reviewer: Title: Date: Shannon Burke Community Planner April 18, 2022, May 17, 2022 Joshua Norris Hazard Mitigation Planner, April, 28,2022 (Reviewed based on the FY21 HHPD MD FIT eligibility requirements) Date Received in FEMA Region 4 First Submission: 4/19/2022, Second Submission: 5/17/2022 Plan Not Approved Plan Approvable Pending Adoption May 25, 2022 ?Ian Approved Local Mitigation Plan Review Tool (+HHPD v. 060721) A-1 Ku tv.ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Excess Sage Less Lethal Deployment Devices to Two North Carolina and One Alabama Political Subdivisions MEETING DATE: June 7, 2022 ■ Background: The Virginia Beach Police Department (VBPD) purchased 60 new Sage Ace Less Lethal Deployment Devices in 2022. A sage less lethal deployment device is a single -shot tactical weapon capable of firing less -lethal munitions. The VBPD has older sage less lethal deployment devices, which were purchased in the early 1990s. These devices have been maintained in working order for the past 25 years. While the devices do not expire, the parts do wear down. The VBPD would like to donate fourteen devices to the following police departments: Wrightsville Beach, N.C. (4); New Bern, N.C. (4); and Madison, AL (6). The police departments for theses political subdivisions have indicated that they d❑ not have the budgetary capacity to purchase such devices. ■ Considerations: The VBPD has replaced the old sage Jess lethal deployment devices and is no longer using them. The approximate value of these excess devices is $700. The devices will be provided in "AS IS" and "WITH ALL FAULTS" condition. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: f*) 1 2 3 4 5 5 7 8 9 10 11 12 13 AN ORDINANCE TO DONATE EXCESS SAGE LESS LETHAL DEPLOYMENT DEVICES TO TWO NORTH CAROLINA AND ONE ALABAMA POLITICAL SUBDIVISIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: A donation of excess sage less lethal deployment devices is hereby authorized to the following political subdivisions: Wrightsville Beach, N.C. (4); New Bern, N.C. (4); and Madison, AL (B). These donations are intended for the police departments of the aforementioned political subdivisions. The launchers are to be donated in "AS IS" and "WITH ALL FAULTS" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: budget an anagement Services C' ey s O ice CA15783 R-2 June 1, 2022 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 7, 2022 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 34 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. a Considerations: The following renewal applications have been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies, and EMS recommends renewal of each of them: American Lifeline Medical Transport, Inc.; American Medical Response Mid - Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's Daughters; ISC Medical Transport, LLC; Lifecare Medical Transports, Inc.; Midwest Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. F Public Information: Public information will be handled through the normal Council agenda process.. c Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager: W 1 2 3 4 5 fi 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES TO OPERATE IN THE CITY OF VIRGINIA BEACH WHEREAS, pursuant to City Code Section 10,5-2, any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City must first obtain a permit from City Council, and such permits must be renewed on a biannual basis;. and WHEREAS, applications for permit renewals have been received from the following agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid - Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's Daughters; ISC Medical Transport, LLC; Lifecare Medical Transports, Inc.; Midwest Medical Transport, LLC; Nightingale Regional AirAmbulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc.; and WHEREAS, the above -listed private ambulance agencies perform services not provided by the City's volunteer rescue squads, such as non -emergency inter -facility transports, which include both basic and advance life support calls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH; That the City Council hereby grants renewed permits to the following agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid - Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's Daughters; ISC Medical Transport, LLC; Lifecare Medical Transports, Inc.; Midwest Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine. Inc.; and Tidewater Medical Transport, Inc. 2. That these permits shall be effective from July 1, 2022 to June 30, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of . 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergenc edical Services CAI 5781 R-2 May 26, 2022 City Attfarney's Office VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence checklist Agency:_AMERICAN LIFELINE_ For cycle beginning July 1 of year:_2022_ edam COMpO"M, inftiil�6 Application is filled out completely and legibly Disclosure Statement Form Is filled out completely and Legibly wlservice providers identified Agency's VA DOH GEMS Ilcense is current Check EMS Agency Search on VA DOH GEMS webstte. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH GEMS Check for Agency Enforcement Actions on OEMs website. Princip#e personnel (CEOJCDOJOMD) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Individual Enforcement Aborts on OEMS webstte, VDH OEMS Program Representative endorses that agency is in good standing Provide endorsement statement Agency Is In good standing with the 5CC Provide printout of the appropriate VA SCC CIS Inquiry result. Agency is in good standing with VB Commissioner of the Revenue Agency is in good standing with V8 Treasurer Direct inquiry to Keity Copeland, Deputy Treasurer for Personal Property 11�.00mldrsl�oucertr�e�es1EM�S1fr�G+sdm�,loao-C*rKi�sYC-Pao�ss-�ALsrv!4A+ar+�l�v�+��k��x+��+ec�drstdoo� <--it_r of NTargi� a IE3 DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FDR CYCLE BEGINNING DULY 3 OF YEAR: rrrr COMMONAGENCY _ 2A. •C _ DNS' . �1 --Asala*U 1■�3Lt%20::�:Fl�'i'L:L�4-"f�tl■L'it MAIUNG ADDRESS? Q . sir &-Mrem or Po eaw dtir. St3tP. ZIP EM14IL ADDRESS? rc��fa-�1 Cra-rs PHONE V wflr ►- G L4+6�..ca�+lch1L"7ec�s+era�W755BM5 MhVino�JiF¢4vc t I,kG�9lIPPt16l Acr29Serr- WI..aPm+u�.7-pNrxdm 1';.hew.mmldEf51�+'AIS Adr�ngOd�SYC-�ISlD9[-IPAr#C.�TBr�[��V�u4� �a»-cr3JbW'wlry+�v-+G-9arcR-�G�¢R7 ri FOR OPERATIONS 1N THE VIRGIWA BEACH ARi A... PLACE OF OPERATIONS AD: street aftez. dY, sme, zJR no PO box .24,-,y �IdCi ctc I 1 OMCER IN CHARGE (OIC) NAME: OIC EMAIL ADDRESS' OIC PWWE #: work: ��`7. 4 5 Cell: IT-15-7-Q-a-7 - DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24M YeS: No: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? I Yes: I No: FOR CALLS FOR SERIF IN THE VIRGINIA BEACH AREA WHAT IS THE PHONE * FOR.. Y8 EMS i?EPT 19Ii Clr7YTM USE? HOSPITAL USE? OTHER HEALTH FACILITY/OMCEICLiNiC USE? `-R5.1 q--3 qr7cM MEMBER OF THE PUBLIC USE? -167 7 OE36 Q-7CI-7 WHO IS YOUR OPERKHONAL MEDICAL DIRECTOR? NAME: EMAIL ADDRESS: PHONE #: work: Cali; ` g�- >fi 7 -I 11.69cr.Wrti1Ck11PfDr'um�S34lt.►15 ldnn�0'�57�i-pRO[a;S3 wSFAL'Y.1iVi!OM6RCV'RHI-iWp�d�P�a!'i�7.�ri7�1�t12W��17'�'P�TmL�C1 11�'h➢avcvm1A151�1� �rwdA�O-O'd4rirC'�15UPPLYER-hGRE9�1T nr-or�car}�miVaJael�+lQrO-ve+�Rlr ercKie.pn. 1, the undersigned, am k** authutted to sign this appkzbbn fvr tiers corn p ny. The indormabon corfbined tlert3in Is but and GDn The amp" complies with tfre rntntmum re wrernerft as SEt forth In the cunt Vl onfa Enmgency Medkral SwAaes R+egu , 22 VAC 5-31, as ecnaKk%L The company under diet ft miry not prwtde arty IM semoss within She aty of VlrgMla Beat wWvmR a current, valld City of Virginia &nch Commercial EMS Amity Pernik and Virgirslib OEMS ERRS Agency Lkanse. The company ten $v5tarrds treat d otrld a Virgln[a Dmch Cbrvnerrial EMS Agency PpnYA to operate wlthln the City of Argift Beach be Issued, It does not auftrtze a respor►se am within the City. 9hxk the rnmaW need to cfrange Pts operational or admkhis,trative officers, c rporate or axftet krfOnwion, or level of selvimr, or terminate servloe; or have a change In as state Issued Ilcense(s), the company sttiall notify the VIrglnte Beach EM Department wr &M 18 dro of the evegs). By "Ming this agency permit appllardon, the company agrees Ehat it shag subnwt to the Vlrgirk Beam EM Depart tent any rer*wals, changes, or enforounar t actions associated with the cxxnparrYs GEMS Agency Lkerze within 14 days of said actorr(s). The oornpany unders#srrds that &hurt to comely vAh these terns may m olt in b permit to flperafbe In lhrolnia Beach being suspandsd or revoked. Your signature: VA I C: AM THE: CEO listed alcove: 0 Return aria fnrrn to: Wsion Chief iCravin Li x;o mb, HRP R+AguWion & Support Services NII'Cjlnla Beach EM De parnent 4160 Virginia Beads BW Vlrginla Beach VA 23452 l tiC:Y •EMERISENCY NEW P.RiFWAL REIWTATESENT . r Ll.tg-a-+ WW Wtmvin~,EMStr[5 Wftlek•$.rsZF%WWT AawrfFY-n'�avn�rVacrkt�e+,ar`oem.lw.�rna*rcr-vRerm,4P �1��m`M.�-�T[Cir91Mn6VR�'K5��61A*t�1�-�11KI-i'�C�7�1 R� IE�-:C{�EE�r7fTW7NiD�Y�1�1Fp�'�C�'�'A'K'�`�b�2r DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain set►+foe providers and financial insulations so that It can determine ff any City Council members have conflicts of interest in the application you are bringing before them. Organization Indicate if you receive any of the fallowing services, and if so, from whom: SN1a — SEMCE �- - PROVIDER nit aaddaudomi thcaea a MIN Accounting andlcr preparation of tax j returns { Financial Services (Include bank Institutions, lending Insthutlons, and current mortgage holders as Legal Servic*s rim CERTIFICATIDN: I certify that all of the Infurmation contained in this ❑isdosure Statement Form Is complete. true, and accurate. t understand i am responsible for updating the infoiTativn provided herein if it changes prior to the Council acbm upon this Application. x APPLICAMrS SKWATURE ludp+� 1..svl�51tl6+nweo-ows-scw�►w►nay,a+xw�-+ew�w�wreavr�dati�.-a,r-. ��+��.mRrye9� Yle[+MN��R1a6iV6 �4'�G-Q'�MSv1K��9.sMilRv�7�jLnTihM�'�ET Id,rtQa�r.t.�lafla !-Mi6k-01 VIRGINIA - SCC https:llcis.sec.virginia.gov/EntitySearch/Businesslnfbrmation?b.., Entity Information Entity Information Entity Name: American Lifeline Medical Transport Inc. Entity ID: 06205538 Entity Type: Stack Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: 07/16/2004 Status Date: 12/07/2021 VA Qualification Date: 07/16/2004 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: 07/31/2022 Jurisdiction: VA Charter Fee: $50.00 Registration Fee Due Date: 07/31/2022 Registered Agent information RA Type: Individual Locality: PORTSMOUTH CITY RA Qualification: Director of the Corporation Name; Autumn Manuel Registered Office Address: 4028 Cedar Ln, Portsmouth, VA, 23703, USA Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov ►-11-P..12. ___'A rtira....►I.........i- --- 111[......,.__N of 2 2022-05-26, 11.35 VIRGINIA - SCC https://cis, scc.vlrginia, go►+/EntttySearch/BusinessInformation?b... Principal Office Address Principal Information Address. 4028 CEDAR LANE, P❑RTSM❑UTH, VA, 23703 0000, USA Last Title Director Name Address Updated President Yes ED LIPSCOMB P Q BOX 5S5, WINDSOR, NC, 27983 09/07/2006 - 0000, USA Vice No ANNETTA P P ❑ BOX 5S5, WINDSOR. NC, 27983 09/07/2006 President LIPSC❑MB - 0000, USA Current Shares Total Shares: 100 Filing History RA History Name History Previous Registrations Back: Retum to Search Retum to Result; Garnishment Designees Image Request Back to Login Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.scc.virglnia.gov r_n. ��. _....�..a mow....■ �L.aa...... r►..�..... s-......h...,� �........ nr_...�...rF..a..r..r...�.-.a:.,..r�..,.,........._� 2 of 2 2022-05-26, 11,35 VIRGilVIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence checklist Agency: —AMR — For cycle beginning July 1 of year:_2022_ ' cornplebon { initials o _ Application is filled out completely and legibly Disclosure Statement Form is filled out completely and iegibfy w/service providers identified Agency's VA DOH OEMS license is current Check EM5 Agency Search on VA DOH OEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH OEM5 Check for Agency Enforcement Actions on HEMS website. Principle personnel (CEO/COO/OM D) have no demonstrated pattern of receiving enforcement actions from VA DOH GEMS Check for Indtvidual Enfo cement Actions an GEMS webstte. VDH GEMS Program Representative endorses that agency Is In good standing Provide endorsement statement. Agency Is in good standing with the SCC Provide printout of the appropriate VA 5CC CIS Inquiry resutt Agency is in good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Persona; Property ll+M+9v+.=Wft11)4&t'&*3Lv1t51E745 ►dmhV W-OmM1-SVC-PROC1eZ AREAS SW*pplUWCW-Wm twitemiWue-doWK7L- rddWAOCK 1 Cites c->f Virginia g�a�h vhPwx1M1 DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION } FOR CYCLE BEGINNING JULY I OF YEAR: 2022 I m'Y AGENCY COMMON NAME: American Medical Response as appeaft on 2M wehdm LEGAL NAME: American Medical Response Mid -Atlantic Inc, If dMr rmt _ FED TAX ID#: 23-2195702 WEB ADDRESS: tmffi- Mr1rl VA DOH GEMS AGENCY #: 01257 EXPIRES: 07/3112s322 CLASSIFICATION OF LICENSE: Ground Arnhulanoe — ALS, BLS HAS YOUR AGENCY EVER BEEN PERMr TED TO OPERATE IN VIRGINIA BEACH? E No, never: Yes currents 7( I Yes out not curren r•UK F J:KMI I I INU & Fxr-� :U I Wt LUNLkK1V WHA I i5 TUUK 4 HIU- tXLL:U I IVL UMLUWh... NAME? I Scutt Tenney MAILING ADDRESS? 2277 Dabney Road shw- address ar PO boat, dty, stabs, AP Suite H Rlchmond, VA 23230 EMAIL ADDRESS? 5c TenneyDomr.net Y PHONE #? Work: 18045853642 1 Cell; � 2CR33439894 FOR OPERATIONS IN THE VIRGINIA BEACH AREA... PLACE OF OPERATIONS ADDRESS: SOOO Incubator Road street address, city, sm* zip Hamptan� VA 23661 no PO box OFFICER IN CHARGE [OIC] NAME: i Jason Gravlsy OTC EMAIL ADDRESS: OIC PHONE #. I Work: ,RE AMBULANCES YOU A RADIO ON Cell: 18048016932 Y STAFFED 24J7? Yes: XNo: l RADIO SYSTEM? Yes: No: fOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA WHAT IS THE PHONE * FOR VB EMS DEPT / 911 CENTER USE? 1-888-267-7828 Varies based on contract - May use 1-888-267- 7828 HOSPITAL USE? OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 1-888-267-7828 MEMBER OF THE PUBLIC USE? 1-888-267-7828 wdo•+1�•+e�eh►aoao«caK�mce�.a�win+��e�,wrr yr�e+n,.+.�e�b�awarr.aoa It�r.�wsnos.�e5��►a+�n�a�c��, s•�o�a�pa�a+�..o-�-+pq�� 1, the undersigned, am legally authorized to sign this applicatlon for the company, The Information contained herein is true and oared. The company compiles with t-ie rnlnimum requirements as set forty! In the current Virginia Emergency Medical SWACes Regalat'ons, 12 VAC 5-31, as amended. The company understands that It may not pr vkte any EMS se vices within the City of Vlrglnla Beach wtthout a currerr:, valid City of Virginia Beach Commercial EMS Agency Permit and Vlrgln`a OEKS EM5 Agency Ucense. 'lice company understands that should a Virgin is Bich Comm.wC 1 EMS Agency Permit to operate within the Clty o` Virginia Beach be Issued, It does notauth:ortze a response area wlt:r,n the City. Should the company nead W change Its operational or admintstradve officers, corporate or contact Information, or level of serAce; or terminate service, or have a change In Its state issued Iicensa(s); the comparry shall nndfy the Vhgrila Beach EMS Departnent wihhin 10 days of the events). By submiMng this agency Pitt app'Xatlan, the mmpany agrees that It shall submit to tt'a Virginia Beach EMS Department any Tmewa Is, eharges, ur enfumoement actions assacclahed with the Company's DEMS Agency License within 10 days of said action(s). The company understands that failure to rnmpjr with these terms may result In lies perrNt to operate !n Vkglnla Beach being suspended or revolted_ Your Signature: DATE: 05/10/2022 9 THE: CE-0 listed above: 1 Operations Officer listed above, I X Retum this form to: Division Chief Kevin Lipscomb, NRP k1AiLcpmQvbooKpom Regulation & Support Services Virginia Beach EMS Department 4160 Virglnla Beach Blvd Virginia Beach VA 23452 CM [!5 Va Beach commercial EMS agency 13[5 NEONATAL AIR ation: clasSrfiC' NON -EMERGE EMERGENCY . NEW REJVE AL REINSTATEMENT Ilwra^+idhiSD�.lr'unKiF�SSi AdnnyglCAHI3�C-WIPC<45-uNEu:•Am�N9A{JM1MAsFItlTingQkfyndirP'�iaP•-Wrh9ennk.ecP "tga'.cum�ih�1' �556M9Vi'1R ►c�dDMt'Wtt 9�C?RpCF�SdREA�41 FA,►.UffidB?f KWGp�1F �v 'rp"-hw e*sWpk'.!Iar'Is+C T�*+k-MAW-�l DISCLOSURE STATEMENT FORM The Vlrglnla Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. organization name. --- — --� American Medical Response, Mid -Atlantic iaa. J Indicate if you receive any of the following services, and if so, from whom: SERVICE PROVIDER (use additional sheets If needed} Accounting and/or preparation of tax returns Financial Services (include bank institutions, fending institutions, and current mortgage holders as Legal services Internal- Finance multiple Banks, mending Institutions, and Lienholders Internal Legal CERTIFICATION: certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the Information provided herein if it changes prior to the Council action upon this Application. Yf AP SIGW51RE Z,�chHy Barn D5/2612Q22 PRINT NAME DATE L ��rtvc..m�W'+��Peyw�+n�IFr+slf+i5AOMWAr r413OC4WjX—"w ��agar +a.*ho 40 w SUAGO rrpw►+wwwr0F Ab" n4W1KW"JWWw a4tftW VIRGINIA - SCC https://cis.sac.Virginia.gnv/ErtUtySearrh/BusinessInformation?b.., Entity Infbrmation Entity Information Entity Name: American Medical Response Mid -Atlantic, Inc. Entity ID: F1630518 Entity Type: Stock Corporation Entity Status: Active Series LLC: NIA Reason for Status: Active and In Good Standing Formation Date: NIA Status Date: 07/27/2007 VA Qualification Date: 05/31/2005 Period of Duration: Perpetual Industry Code. 0 - General Annual Report Due Date: 05/3112022 Jurisdiction: PA Charter Fee: $50.00 Registration Fee Due Date: 05/31/2022 Registered Agent Information RA Type: Entity Locality. RICHMON❑ CITY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: CORPORATION SERVICE COMPANY Registered Office Address. 100 Shockoe Slip FI 2, Richmond, VA, 23219 4100, USA Princial Office Address Privacy olicy(https://www.scc.virginia,gov/pdvacy.aspx) Contact Us (https://www.scc.virginia.gov I-fl,/rfl, .-.+..F„-+ _% I},►+„r.. 1I... -, C�..,.i..,.,1..-.,...!►Ifw.t.,r�C+w4„r.,.,..r..-.+�....r'^........i..ri....� 1 of 2 ?D2-11.5-17. 1 1-57 VIRGINIA - SCC https://cis.scc.virginia.gov/FntftySearch/Businesslnformation?b... Address: 6363 S Fiddlers Green Cir Ste 1400, Greenwood Village, CO, 80111 - 5024, USA Principal Info r matio n Last Title Director Name Address Updated President Yes RANDEL G. 6363 S Fiddlers Green Cir, STE 1400, 04/27/2020 ❑WEN Greenwood Village, CO, 80111 - 5024, Secretary No Chief Financial No Officer Current Shares USA THOMAS A A 1001 Boardwalk Springs Place, STE 250, 04/27/2020 COOK ❑ Fallon, Ma, 63368 . 0000, USA MICHAEL 209 State Highway 1211 Bypass, STE 21, 04/27/2020 PREISSLER Lewisville, TX, 75067 - 0000, USA Total Shares 1000 Fling History RA History Name History Previous Reg6trations Back) Return to Search Riftm to Result.{ F Garn#shment Designees Image Request Back to Login Privacy Policy (https://www.scc.virginia.gov/pdvacy.aspx) Contact Us (https://www.scc.virginia.gov rw}LI..IL ...,..F�..► �....,.� rf,µ.,... 1 �........ F-....+h.+,.�. �...., hr......�....�C'hf..r.,......�.Hr.w('.+rww+L....ir..►■ 2 of 2 2022-05-17, 11: 5 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency: —CARDINAL, - For cycle beginning 3uty 1 of year:_2022_ GDmpiebon. f rnitlads Application is filled out completely and legibly A� Disclosure Statement Form Is filled out completely and legibly w/service providers identified Agency's VA DOH GEMS license Is current Check EMS Agency Searrh or VA DOH OEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH GEMS Check for Agency Fnforaernent Actions on GEMS webstte. et — Principle personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Individual Enforcernent Actions on OEMS website. VDH GEMS Program Representative endorses that agency is in goad standing VeWx provide endorsement statement. Agency is in good standing with the SCC !/] Provide printout of the appropriate VA SCC QS INuiry result- Agency is in good standing with VB Commissioner of the Revenue Agency is in good standing with VS Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Personal Property llvhgo..mmWfs]Wcpertna+tslEhl5�EM5►enn�pW-QhtF1I-SYC-MtOCFSSAREAWf7LsWd�lkr�GY��W�+��9�-d�lY-dcbc wit CoF w � 7t�,tiAA.,nT DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING ]ULY 1 OF YEAR: YYYY AGENCY COMMON NAME: as appmring on vwr vd idw CARDINAL AMBULANCE SERVICES LEGAL NAME: Of dfferent F® TAX ID#: 575 PT WEB ADDRESS: WWIN.CARDU4ALAN 9ULANC'ESERVIC ES.COM VA O H GEMS AGENCY #: o i3 2,7 mq"m: 130 5Ep 9P22, CLAMFICATIUN OF LICENSE: 16zowh — AL-S HAS YOUR AGENCY EVER BEEN mmruft TKO OPERATE IN VIRGINIA BEACH? No newer: T T—ye—s,curren Yes but not come FAR PERMITTING & EXECUTIVE CONCERNS WHAT 15 YOUR CHIEF NAME? I VALERIE S DELOACH MAILING ADDRESS? 1717 CASEY MEADOWS TER street address or PO bm dty, stft zip SANDSTONE VA 23150 EMAIL ADDRESS? I DELdACHVS@GARDINALAMBU ANCESERVICES.COM PHONE #? wak; 17579949800 ! Cell: 18045173193 r•.•,,aL: Max 41.A-1r. .-0.-AA,;A-- JIL-/NiI»rv,. •.■....,a., Yn+�. i•c- — .� . t � • � • .p: T . •i .� -.7►+fYCa1. . TF k' �K. • r.� : n?" i:..¢ �aK�-upn.-•]s.i..,J i -. as .r.. PLACE OF OPERATIONS ADDRESS:1 527 OYSTER POINT RD STE 9 ShVK adores. dty, ate, ZIP I NEWPORT NEWS, VA 23602 m PO box OFFICER IN CHARGE (OTC) NAME: I SHAUNYA DELOACH OIC EMAIL ADDRESS: I SDELOACH@CARDINALAMBUiANCESERVIC ES.COM DIC PHONE #: j Work: 17575949800 Cell. T BD42213884 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED HAVE WE ISSUED Y(X! A RADIO ON OUR RADIO) SY! FOR rA !S FOR SFRVTcF IN THE VM(UNIA BEACH AREA. WHAT IS THE PHONE # FOR... - - -VB EMS DEPT { 911 CENTER USE? 757-594-9800 HOSPITAL USE? 757-594-9800 OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 757-S94.9800 MEMBER OF THE PUBLIC USE? 757-594-9800 MFr)Irlll r)YkF( FOR? .m• ' wn W7 ' wHuh l -X+"11 - I"", XV& � — f •_�r-fi. Y+i •'Hf • •. � -Wws� r Li :J •_•14 +n � »,�• r�.. -•h �.lr >'. • 4'..a - Wr[ar. •:y -+�f- , ' : ioa _Va V . w•. ti yy,► :.rWr. .. ry.• r„At-rrw�-f r, c.ra r MFr)Irlll r)YkF( FOR? .m• ' wn W7 ' wHuh l -X+"11 - I"", XV& � — f •_�r-fi. Y+i •'Hf • •. � -Wws� r Li :J •_•14 +n � »,�• r�.. -•h �.lr >'. • 4'..a - Wr[ar. •:y -+�f- , ' : ioa _Va V . w•. ti yy,► :.rWr. .. ry.• r„At-rrw�-f r, c.ra r 1, the undersigned, am iegafly authorized to Sign this appkatw for the corriparry. The Irfomrabon wrrtabhe'd herein is trove and conch. The company complies %& qte minimum requirements as set forth in the current Virginia Emergwy Medical Services ReqiAMWis, 12 VAC 5-31, as anwided. The ccimpany tmdeestanis hat It may not provide any 04S smvices within the Qty of Virgkmia Beadm wtthout a aarrerrt, valid City of Virginia Beads Comnwdal EMS Agency Permit end'Irrguhta GEMS EMS Agency t leave. The camparryr understands that should a Virginia Beach CoTrnerdal EMS Agency PerIt to operate within the City of Virgins Beach be Isaac, ft does not euthonm a regxxwe area wtthln the Cry. Should the company need to dwW its operational or administrative Officers, corporate or mitact hftxrnation, or level of sesvine; or te►mirote service: or have a drange in ifs state mied kense(S), the wffwr►y shall ncr* the Virgirkla Dexh E14S Department within 10 days of the event(s). By gbmI`Wng this agffxy pwmit application, the wrnpwW agrees tha: it 9-wil sIubmit to the Virginia Beach EMS DgArtrrient arty renewals, dtanges, or er*rcernent actions assodaW whir the wmp&ys ODDS Agency tlCerr9e within 10 days of said action(s). The mrnparty undersWds tf,* failure to comply with these terms may result in ifs pam* to operate in Vhylnia beach toeing suspended or invoked. J/ I Your Signature: f MATE: 1 5f17j2022 Return t#fls form to: Va beach c ommerclai EMS agency dasslfi�atlon: above: DWisIon Chief Ke Wn UpwDmb, NRP Regulation & Support Services Virginia Beach EMS Deparbnent 4160 Virginia Beach Blvd Virginia Beach VA 23452 8LS NEONATAL AIR ��tGG EMERGENCY . NEW RENEWAL R MSTATEMENT yl �.. v ':r' -y -'li:• bi, f.I:_- w:M . r .+r 1P 11.. • PI 1 00AW. &:JV* �f.-4 1 I a VMIW f' re : .Ai ��..n � .&4qr n- - fi, �.'�. 'Fw. A . � • �r � nL 1.►d AV 1f'r 6 ww i- DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: C.xtzi) I NAI. AMBULANCE —SERVICES rttC • Indicate if you receive any of the following services, and if so, from whom: iES x x — - — SERVICE PROVIDER (use additional sheets if J needed Accounting and/or preparation of tax returns Financial Services (include bank institutions, lending institutions, and current mortgage holders as Legal Services WELLS FARGO THEODORE GALANIDES CERTIFICATION: 1 certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the Information provided herein if it changes prior to the Council action upon this Application. X SHAUNYA DELOACH PR)NT NAME 5/17/2022 DATE yL' w. �.r �;rR�r '.. V� =-..-. �� V M'�-Tl•MR �L�•«: ■+�.:J � ��-'der :•-+�=, K•••••�a .►r +N-['f -rr, �. Yr.ra'.1r tr .. .-�'Ol 11r '•fl �lS1h'�1[S al..n -'.►- •a, 1.=41W1 - = A' ��*-"�(3fi•1'.�4� �H a e�(�rja I[r•►!t•�L1f-[ • _ , . w 71/�e� :^, xi,� VIRGINIA - SCC https://dS.sac.virginia.gov/EntitySearch/Businesslnfom-ation?b.,, Entity Information Entity Information Entity Name: Cardinal Ambulance Services Inc. Entity ID: 07424864 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date. 10/06/2011 Status Date: 12/03/2020 VA Qualification Date: 10/06/2011 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: $ 50.00 Registration Fee Due Date. Not Required Registered Agent Information RA Type: Individual Locality. HENRICO COUNTY RA Qualification: Member of the Virginia State Bar Name: THEODORE M GALANIDES Registered office Address: THEODORE M GALANIDES PC, 262 E WILLIAMSBURG RD, SANDSTON, VA. 23150 0000, USA Prizy 9wCoMovDiv.scc,virginia.gov/privacy.aspx) Contact Us (https://www.scc.►►irginia,gov 1,-11, 0-9t, ■L.►a..... 11........ c.....,F,,,.,r.--- A/G..+....�Ch��.-.T'......,.--��;,,..r.,...........-..._..� 1 of 2 2022-05-18, 11.55 VI RGI NIA - SCC Principal Information https : //cis. scc.v i rg in la. gov/Entity Sea rch/ Busi n esslnfo rm a tia n? b... Address: 1717 CASEY MEADOWS TERRACE, SAN DSTON, VA, 23150 - 0000, USA Last Title Dlreetor Name Address Updated President Yes ELVIN DELOACH 7717 CASEY MEADOWS TER, 1011712018 SANDSTON, VA, 23150 - 0000. USA Secretary Yes LASHAUNYA 6005 BOOTSIE AVENUE, HENRICO, 10/17/201B DELOACH VA, 23231 - 0000, USA CIO Yes ELVIN DELOACH 3420 EAGLES ROOST RD, RICHMOND, 10/17/2018 II VA, 23223 - 0000, USA Vice Yes VALE RIE 1717 CASEY MEADOWS TER, 10/17/2018 President DELOACH SANDSTON, VA, 23150 - 0000, USA COO Yes JACQUES 1209 W AVE, HAMPTON, VA, 23669 10/17/2018 DELOACH 0000, USA Current Shares Total Shares: 1000 Fling History RA History Name History Previous Registrations Backs Return to Search • Return to Results Garnishment Designees Image Request Back to Login Privacy Policy(https://www.scc.virginia,gov/privacy.aspx) Contact Us (https://www.soc.virginia.gov �rll.l�ll. .--....��...a. _�....� �L.s+...-� ��...�.. c...�..s..,..�......,../ll:�r...�...Cbn�..J^...�..........L:.....!"....�..............• 2 of 2 2022-05-18, 11:55 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency:_CH KD—TRANSPORT— For cycle beginning July i of year:_2022_ vxrn Completion] Application is filled out completely and legibly Disclosure Statement Form is Filled out completely and legibly wjservice providers identified Agency's VA DOH GEMS license is Current Check EMS Agency Searrh on VA DOH QEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH ❑EMS Check for Agency Enrarxement Actions on QEMS webstte, Principle personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions from VA aQH QEMS Check for IndMdual Enforcement Actions on QEMS website. VDH +QEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is In good standing with the SCC Provide printout of the appropriate VA SCC CIS Inquiry result Agency is in good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Personal Property 1Wbgm.mmW's1l*Paran"leMSl m►dmMVX)D-CPft-SVGatOQ35-AREA%SA^rVqWpIlalk)Galh-perrdh2dermWu"gaxr�done .. DEPARTUENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EIS AGENCY PERMIT APPLICATION FOR C (aE BEGDRM4G ALLY 1 OF 2022 YEAR, rrrr FED TAX JD#: Cfdidren's HosplW of The King's G wgtt x5 Servtc��-CarelTmnsport- KAS YOUR AGENCY EVER BEEN PERMMED TO OPERATE IN VIRG GA EACH? � ?+lo never: Yes cu�rerrti : X Yps bUt nat cumentl PDR PERMrMWG & EKECUT VE C CEAJV5 WHAT IS YOUR CHEF NAME? Karen Mlt Wl MAJUNG ADDRESS? 601 ChlkkeMs lane AM Wrela or PO box a4'. stm. AP Noftlk, VA 23507 EMAIL ADDRE55? Wen.Mxhel*CH D.M(; *? W!cik: 7574W7630 CeV. ! 757-8(3-7261 u.aa{�arcww�++� s��sowoon-s�c.�nc.�.wn=+.mac +a•.t-�s�a� ei.rr�.��S ae�►iwws�Ea.�v�s�srr �r p"RFv nol '�1,Li,�YY{►llgo f9['q��j1�lY Si7Gtll�74GtO OCOM��e 9~. [ ip— nOd9•11 r vv-- i 7.1►C4 1'LBK$Yl9M1iC�Rr1 u�'L#97i7k*Ky �1LVF1� -6K1 00091399-LSL : irao TEU-899-ISI [ Y.w L..# 3NO14d 3KL ooc"wL5L i tasty 0008-899-LSL I "Sn ZV1rdEoON L- -- 000"99-LSL + mn 2l3J.Nm Im / 1d3O SW3 9A --dCH 0 3Wol4d 3HJ_ SI JY iM FDV39 VPMHIA 3KL NI 331AN35 WN S'ti►►'J X 1 :ON .sad-1 IWRiS Ls dK]o WO NO OICVd V f]OA n3n55I 3N1JAW �fV X :s4A 1 4� ff W-LS Ai1fii S]MV YWWV 3" bO 3NO d33X rM Oa J fSSMMV-OW3 M i :3WrRi1(7Io) mi1wo NI ?i ujo C/r7 xoq od au jz 'QM'AiP '2sa+PPv PLO _. �� SNOUVYddO :10 3DY6d V38V KDd39 YNMVIA 3w- NI SWrLVH3dO WA 1, the radmWed, am Ampty authwtW to "n this appkWm for the mnwm r* Wwrrrofti txx WhW tare is true" aar oM The aD www aampl a wo the aNnfto rwgwirenrAnbg ar wt fa th in"assent VM" 8,wgm cy M acd SeMom tiagrAattOM u VAC 5-31, as an coded. The mnWq uvderitarub that R may mt taor+de mrW IKS swvtaes wtthk+ the Cky of Woo Beads wtOuA a as wk valid Qty or Vkgnla Needs Ctrrrmdd EMS Aperet PtrmR and VkVA OBAS EM AMM Umrw. The oNrpW ugdeoa ids that t ak a Ylrpfnla Noaeh Cr wmrdd EMS POWEy Pemft to aI w1w the OtV ct V1r" Beach be lamed, t clods not arAitprW a sass whhtn Nn Ctty. Shwid the fitV nw d to dtanye hs speratlarl or admintabwM olfkm cwpotahe or car3pld Hprrrlatlor;, or WM of aer►rlatk or tarmktrte agvice; or here a d�erge h 16 state rasued ucet9e[aY ttyc aomptry when rianry the wrytrra nerd, i� tleprrtrnert wlthkt 3 Q � aP the e►rer�r;], Efy tauhn�htp ties � Pit �vkatlan, the sprees that ! � suibntlt to the Vtr�ria Berdt � Deparimenc eny �wrraic. �r� Dr erfrcoom adionc mwdoW wNh the cornperryr GEMS ApwW lianas wMin l0 dwtw ct paid ady"). Ttta cmpny ur4ff3tw* that 1*n to Cwr49y wM *wR tw,, may rats# in b pwW to operrae h VhQb buck belt sops ded or pumked. Your sag-owte: tL.� - R,d= V* lbrm to: DMslon Chief Khan Ups=. b, NRF Pusgulation & $►tpprirt 5 -"= Vlrrgk* Beach 94S Depwftrwlt 4160 Vinghlo Beach Blvd VkglydB Bead► VA 23452 CrTYA)SE ONLY Ya Head, ordsl WS agmncy gS ALS NEDt+U1' uR d�n: bfOWEMERGRCY E HGY NEW RENEWAL REINSTATEMENT nrgaawKtuWOVW WWA- la16. .•.rpr..aaa 1wa�m.le�a Wn.ns-c wrrreR000cwudrtt�9J14{lplal�,lT DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial Institutions so that it can determine If any City Council members have conflicts of interest In the application you are bringing before them. Organization name: Children's Hospital of The King's Daughters Transport Indicate if you receive any of the fallowing services, and if so, from whom: YES x x x FSERVICE PROVIDER (use additional sheets K _ needed) Accounting and/or preparation of tax returns I Financial Services {include bank Institutions, lending insthutions, and current mortgage holders as Legal Services r *Z!eM* ty Bank of America; PNC; TowneHank; 'us Bank; BB&T; wells Fargo See attached CERP FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i understand I am responsible for updating the Information provided herein If it changes prior to the Council action upon this Application. SICHATURE Jamie Carter MNT NAME 05/23/2022 Fal-M1 lrw�w.mr�►u�n�nerauQulass ,�..Kaaarc svt��uwtasn.arc,rr,uncr�art�,m+�d+.k � �wao•s�s w.rtia�aar+:�+�a.�.s�r ��s�nrr-►un+r�Ksmwx� ��.� LAW FIRMS USED BY CHILDREfWS HEALTH SYSTEM, INC. AND irs SUBSIDIARIES — Coroct Names and Numbers ---- il4W FIRM Arnold & Parter LLP 601 Massachusetts Ave., NW Washington, DC 2D01-3743 "An O'bieil Phone: 202-942-6563 Kevinme& a vrter.com Baker & Hostetler LLP 811 Main Street Suite 1100 Houston, TX 77002-6111 Susan ft In Harts, Partner Phone: 713446-1307 sharfisgpbakeflaW.wM Baker, Donelsorr, Bearrnan, Caldw ll Berkowitz, PC One Eastover Center 100 Vision Drive, Suite 400 (ZJp: 39212) Post Office Box 14167 Jackson, MS 39236 Brad Moody, Esq.; myna Rush, Esq. Phone: 6D1-351-2420 Fax: 601-592-2420 bmoodyfP bba kerdonelson, c orn www, h a ke rdo nelson.corn Butter Snow LLP 1020 Highland Colony Parkway, Suite 1400 Post Office Box 6010 Rldgeland, MS 39158 Kevin White, Esq. Phone: 601-M-5711 Fax: 601-585-4500 Kevin. whqea butfersnow.cvm Cooper, 5pong & Davis, P-C. 200 High Street, Suite 500 Portsmouth, Virginia 23705 Steve Leon, Esq, Phone: 757-397-3482 sAeonepqrtsiaw.com Duane Morns LLP 88 Hammond Street, Suite 5a0 Bangor, ME F4401-49SB GregoryA. Brodek, Esq. Phone: 207 252 SW Fax: 207 433 1164 G 6ro ek duanemill ->s.com Frafm & Floreila, P.C. 150 Boush Street Norfolk, VA 23510 Paul Fraim, Esq. Phone: 757-227.59DO ofralyj�ff-Ig al.tnm Hancock, Daniel &Johnson, P.C. f k.a. Hancock, Daniel, Johnson & Nagle, PC PO Box 72050 Richmond, Virginia 23255 Jim Daniel, Esq., Kim Daniel, Esq., William Kati, Esq., Mary Malone, Esq., Michael Newby, Esq., Careen f Silverman, Esq. nA• wh AYw� Fax: BD4-545.4237 alone h �n.cnm Korty, Springer & Mattern 4514 Fifth Avenue Pittsburgh, Pennsylvania 15213 Lee Ann Mltchefi, Esq. Phone: 912-f87 7677 Fax: 412-687-7692 I itch it hort In ,er.com Hunton Andrews Kurth LLP I'Ju. Hunton & Williams LLP 951 East Byrd Street Richmond, VA 23219 Wyatt A. Deal, Esq,, James Seevers, Jr., Esq, Phone: 804-78"502 Fax: 804-343-4656 w e I untonAiCrpm Jackson LeWs P.C. 701 East llyrd Sheet,17a1 Floor Richmond, VA 23219 Courtney Malveaux, Esc. Phone: 8"9-0404 Fax: SD4-649-0403 Cguaney .MalveauxpJackseniewls.rom 44 South Broadway 14th Floor White Plalrok NY 10601 Eduard V. Jeffrey, Epq. Phone: 914-872-6$$3 EdwardJeffre iacksanlewis.com Kaufman & Canoles PO Box 3037 Norfolk, Virginia 23514 Jason Davis, Esq. Phone: 757-624-3119 Lavin"k Ufgn..M Mary Beth Sherwin, Esq, Phone: 757-624-32" Fax: 757-624.3169 mMherwln icauf Eric Ballou, Esq., Megan Glilliand, Esq. McDermott Will & Emery 444 Weft Lake Street, Suite 4000 Chicago, IL 60606-0029 Ashley M. Fischer. Esq. Phone. 312-984-7766 Fax. 332-994-7700 AMFI%cher mwe.com Mc+GulreWoods ll_P Gateway Plaza 800 East Canal Street Richmond, VA 23219 Phone, 104-775-1000 Fax: 804-775-1061 Mrahek Law Group 221 South Alfred Street First Floor Alexandria, Virglnla 22314 Byron Mitchell, Esq. Karl ladcson, Esq. Phone: 703-782-SM Fax: 703-782-6910 b itched ftcheJHMLv ra.com k ackson mltcheil-law r . Morgan Lewis & Sockius 1000 touislana Street, Suite 4000 Houston, TX 77002-5005 Susan Felgln Harris, Esq, Phone: 713-890-5733 Fax: 713-49114MI susan.harrhs �mvr anlewis.com _ _ _ Ng Law Group, PLLC 999 Waterside Drive, Sulte 2204 Norfolk, VA 23510 (teal P. Brodsky, Esq. Phone: 757-222-0356 Fax: 757-333-4197 nbia rou . Steve fryer law, I t.0 341 Daguilah Way, Unit A Pawleys Island, SC n585 Steve Dyer, Esq. Phone: 843-301-5601 eve sieved[ erlaw.[om Terry Frank Law 1.08 E- Grace Street 5uIte 001 Richmond, VA 23219 Terry C- frank, Esq. 804.477.4955 Fax: 844.906.2455 terDgN2tenWrann law. cam Trautman Pepper Hamilton Sanders LLP (formerly known as Troutman Sanders, UP) 222 Central Park Avenue, Su Re 20W Wonle Beach, Vlronla 23462 Robert Beaman, Esq. Phone: 757-087-7547 Robert.Baama nf2troutmans_a nders.com W Nutter, Esq. Phone: 757-687-7SC2 Fax: 757-U7-7510 Vandeventer Black 500 World Trade Center Norfolk, Virginia 23510 lane Tucker, Esq. Phone: 757A46-86W Fax: 757.44E-8670 Webster, Chamberlain & Bean, tLP 1747 Pennsylvanla Avenue. NW Washington, DC 20026 Charles M. Watkins Phone: 202-785-95D0 Fax: 202-815-0243 Willcox & Savage 440 Ment]cellaAvenue, Stjlle 2200 NoffW k, Vlrginla 23510 Rob Dewey, Esq. Phone: 757-62R-5580 William Fu7, Esq. Phone: 757-62 -S651 Cher Wr*oop, Esq. Phone: 757-62 -5581 CWYrikono@wlIsav_ pro Tim Lockhart, Esq. Steve Brewer, Esq. Phone: 757- i28-5582 Fax: 75 7-628-55" Williams Mullen 200 South 100 Street Suite 1600 Richmond, VA 23219-0800 Jamie Martin, Esq. Phone: 804420-6407 jbmar[i npwiHiamsmulien.cam Jeremy Bail, Esq. Phone_ 804420-6405 Wimblsh Gentile McCray & Roeber, PLLC 8730 Starry Point Parkway Richmond, Virginia 23235 Joel may, Ems. Phone: 80"51-7921 Woods Rogers, PLC Rlverfront Plana, West Tower 901 East Byrd Stmet, Suite 1550 Richmond, Virginia 23219 Donna Foster, Esq. Phone: 904956-7.040 4 VIRGINIA - SCC https://cis.scc.virglnla.gov/EnbitfSearch/BustnesMnformation?h. Entity Information Entity Information Entity Name: CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INCORPORATED Entity ID: 00119511 Entity Type: Nonstock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: 05/05/1914 Status Date. 06/09/2021 VA Qualification Date: 05/05/1914 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: $0.00 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Individual Locality: NORFOLK CITY RA Qualification: Member of the Virginia State Bar Name. KIMBERLY S. DAY Registered Office Address: CHILDREN'S HEALTH SYSTEM, 601 CHILDREN'S LANE, NORFOLK, VA. 23507 - 0000, USA Pri PW'PDaTcgft&00� i� &.scc.virginia.gov/pri►racy.aspx) Contact Us (https://www.scc.virginia.gov ►..IL I..IL ......F.,.� �......1 ►t..1-►.,... 11..,,..,.. F..�..i.....1. ....... 11r,...�.,i�CF�f.,f^.....,....—.a.:..../'...._.....,.........� i of 2 202-2-05-18, 12:01 VIRGINIA - 5CC Principal Information Thle Director Name President No DAMES ❑ DAHLING MEMBER INFORMATION; https://cis.scc.virginia.gov/Ent&(Search/BusinessIntbr nation?b... Address: 601 Childrens Ln, Norfolk, VA, 23507, USA Address 601 CHILDREN'S LANE, NORFOLK, VA, 23507 - 0000, USA Last Updated 04/05/2019 Member Information: No Membership Provisions Provided Fling History RA History Name History Previous Registrations Back Return to Sea rch Return to Resu is s Gamishment Designees Image Request Back to Login Privacy Policy (https://www.sa.vlqnla.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov 2 of 2 2022-05-18, 12:01 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency:_ISC_ For cycle beginning July 1 of yeair:_2022_ Cmipietion VAM inttlpis Application is filled out completely and legibly Disclosure Statement Form is filled out completely and legibly wjservice providers identified Agency's VA DOH DEMS license is current Check EMS Agency Search on VA DOH DEMS website. Agency has no demonstrated pattern of receiving embroement actions from VA DOH DEMS +, Check for Agency Enrarcenwnt Actions on GEMS website. [ [� Principle personnel [CEOICOO/OMD] have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check For Individual Enforcernent Actions on GEMS webs , VDH GEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is in good standing with the SCC Provide printout of the appropriate VA SCC CIS Inquiry rMit. Agency is in good standing with VB Commissioner of the Revenue f Agency is in good standing with VB Treasurer Direr inquiry to Kelly Copeiand, Deputy Treasurer for Personal Property I1Ybov+►dnr,\000-CM►n-svC-PROCES%A*A\SAMsUPPIMNOC ver-fttvl-e�ucw�ga,+�raredasroarx s City of N/irigiriiaOUR m S�act� DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EARS AGENCY PERMIT APPLICATION [7R CYCLE BEGINNING JULY 1 OF YEAR: 2022 ryrY AGENCY COMMON NAME: I ISC MEDICAL TRANSPORT as anDunno on your veNdes LEGAL NAME: It dtrrerenl FED TAX ID#: 83-2555051 WEB ADDRESS: I Iscmedicaltransport.mm VA DOH GEMS AGENCY #: So Li e(o I EXPIRES: CLASSIFICATION OF LICENSE: 6'-p'Wt'j t�` ALS HAS YOUR AGENCY EVER BEEN PERMITTED TO OPERATE IN VIRGINIA BEACW ■ No never: I I Yes current x I Yes but root Curren FOR PER!"IrFUNG NAME? j Deann Holloway MAILING ADDRESS? 764 McGuire Place street address or PO boot, city, state. ziP Newport News, Virginla 23601 EMAIL ADDRESS? I Dean nhVisaroedicaltranspor[.com PHONE #? ! work: 1 757-294-8060 Cell: 1 757-715-3496 �; . ' P=• '.rw..7.P•Y_.t. t7]?i•7::w'+IW'i[ri" !fWYN7 r� .�• .r..rc,.r:rn,-P,..1.w„ .. ►. ..1• '-.r.-j✓... .ay•y-r'A'1'...! Ww 11'1.%K �:,xr• 4441;..i�,sry.. W.?��fe•,.�•� ... �•. .i •ar.�=�w FnR OPERATIONS IN THE VIRGINIA BEACH AREA... PLACE OF OPERATIONS ADDRESS: StTLPi bCkifC55, oty,P'bzp m 73�;4 AAG(�UiF-E pL Qe k"' r "AIc, VA 234,0f OFFICER Ili CHARGE (OIC) NAME: bUA4� Q �AoLLOWA Y OIC EMAIL ADDRESS: Cell: IrJ-3 OIC PHONE #: Work: 294 "0 1 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24177 1 Yes: o K HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: No: FOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA, WHAT IS THE PHONE # FOR.. VS EMS DEPT 1 911 CENTER USE? ! HOSPITAL USE? OTHER HEALTH FACILTTYJOFFICF,JCLINIC USE? MEMBER OF THE PUBLIC USE? NAME: f J-)r. . Chr t g{'OQVver T�G_Y)C_r EMAIL ADDRESS: n t `- o- ` �C r -1 c�il a �)n\gl I c (yn PHONE #: I Work: ••� •��._��:31R+Ylnq.Y+k�'iMS Mi.w+.[M10C'W iYl �i[YPy�MIFI.•5.P0.+Wi1CiEMEIIs,,,1sdt*aul+'R.s.t�nf trn�w x�r.w•arw-�rnl cxs .-C.pv �a �A'+�'fYfylmwNf'KS'!ML �Cr'+n•M?tM1ST.7�S5d41�i�1�M�L.'FRalA1R9�lf•MIIMfi+E+r*•;.i+PW�`r[.pk-Pn•rmlG mina �rlMa�.[wes^n� alaNe.W I• the undersigned, am legally authorized to §W this application far the company. the Information aorrtalned hercln is tMW and Correct. The con pany mmpries vAth the minirrrurn mqulrements as set Forth In the current Virninla Emergency Meddlrat Se MCM Peguiatbn5, 12 VAC 5-31, as amended. The company understands that it may not pr&Ade any EMS services within the City d Virginia Beadi wdU>Ioex a ainvAt valid city of Virginia Beach Carm7erdal EMS Agency Permit and Vlrglnia GEMS EMS Agency t.icarise. The carnpany undo rinds that should a Virginia Beach Oxnmerxid FMS Agency Permit to operate wftn the City of ►ikyinia Beech be issued, It does not audwt e a response area within the City. Shwid the cornpanV need is dwige its operational or admintstrative officers, owporate or contact information, or *M of service; or trtrrrinate service: or haw a Change in its state ka Ikrrue(s); the =TW& y shall notly the Virginia Beads EMS CepaRment within 10 days of the everlt(s). By sLhnWng ttus agency pemnit apptitatbon, the m pa ry ag. that it shall submit to the VSr" Beech EMS DWarmvnt arry renewais, changes, or erftcement acUom aswaamd wft the axnparr(s OEMS Agency Ucuise wfNn 10 days or sale wdon(s). ire company smdtsstand$ Thai taoure to compty wtth these anus may resift In is permit to operate in Wginia Beach tee ng seBpended or revoked Your signature: DATE: � 51 l u l ao a a-, Return this form to: Division Chief Kevin Limb, NRR Regulation & Support Services Virginia Beach EMS Departure; t 4160 Virginia Beach glad Virginia Beach VA 23452 ova r. + 3 W e' JiftI IIS+MUMi 0 0 1 W11W, NEW i iLNEWAL EMERGENC.Y ,.yF,11z;im:d _-inl:•'� . � .. - -� ...!tiw-.!x .'h:/±_ �.�1• aiiS Y'ii�•'��r-.-:[C'ir ,.el y:M - �1.. • .. , .�' •I.V;- DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that It can determine if any City Council members have conflicts of interest in the application you are bringing before them. I Organization name: z s c rED z cAr. TRAN S PORT Indicate if you receive any of the following services, and If so, from whom: YES NO SERVICE PROVIDER (use additional sheets if -"dad) _ x x x j Accounting and/or preparation of I tax returns Financial Services {include bank institutions, lending institutions, and current mortgage holders as Legal Services Ally Tax and I Consultant lss ADVAtdTAGE Credit Union Law Offices of Cook,Heyward,Lee Hopper&Freeman,P.C. ERTlF1CATION; i certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X LU 6,,k� APPLICANT'S SIGNATURE AME DATE »f T yr . r — :7 • t � Ii' a ..: +i ii': — +i .. � .IY. ..wHr'. ..+r. �,..r, :...w- v . _ �.r. �.�.. �M.?•1.... i._ .a+.+JCv��_:. *.:1:�r+,•�rV�: s•',t.:t.:i��x ',�cr��. .. ��. .. VIRGINIA - SCC https://cis.scc.viVnia.govlEntity5earch/BusinessInformation?h... Entity Information Entity Information Entity Name: ISC Medical Transport, LLC Entity ID: S7876594 EntityType: Limited Liability Company Entity Status: Active Series LLC: No Reason for Status: Active Formation Date: 11/14/201B Status Date: 03/08/2022 VA Qualification Date: 11/14/2019 Period of Duration: Perpetual Industry Code: 0 -General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: N/A Registration Fee Due Date: Not Required Registered Agent Information RA Type: Individual Locality HENRICO COUNTY RA Qualification: Member of the Virginia State Bar Name: GARY S. COOK Registered Office Address: 4551 COX ROAD, SUITE 210, GLEN ALLEN, VA, 23060 - 0000, USA Principal Office Address Privy Pali h s://www.scc.vi inia. ov/ iyra U h vi nia. ❑v �+ Policy r9 gd��re �' CG PFjjVU& t `",M � g I..II. r..il� ......►�. �.-....� -...., p_, ..I' - nr.....:.,:..Cr..a..r........--.a:....1�........s....�....'� 1 of 2 2022-05-17, 13:46 VIRGINIA - SCC https:// cis. scr.virg in ia. goy/ E n b'tySea rr-h/Busi nessl nfnn" na do n?b.. . 23601 - 0000, USA Fling History RA History Name History Previous Registrations Garnishment Designees Back-,' Return to Search i _Return to Results? `�.a► �..�. �.-.. J Protected Series Image Request Back to Login Privacy Policy (https://vwvw.soc.virginia.gov/privacy.aspx) Contact Us (https*//www,scc.virginia.gov /-Ib I II. ......+^-+ --A /i.H... ! I.. ...... 2 of 2 2022-05-17, 13:46 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency: _LIFECARE_ For cycle beginning July 1 of year:_2022_ r iC op Oornowlion inniaf5 Application is filled out completely and legibly Disclosure Statement Form Is filled out completely and legibly w/service providers identified Agency's VA DON OEMS license is current Check EM5 Agency Sear& on VA DOH GEMS wetste. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Agency Enforcement Actions on GEMS wehsite. <7fZ- PrJnclple personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions From VA DOH OEMS Check for Individual Enforcement Actions on GEMS weirstte. I VDH GEMS Program Representative endorses that agency Is in good standing V Provide endorsernent statement. Agency is In good standing with the SCC Provide printout of the appropriate VA SCC as Inquiry result. Agency is In good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Persona' Pnuperty Ilrbyor.mmWhllDePWVAentA D1s\8M5 wminm-cmml-SVGP a1,5JLKmopWlioc3mr-permftb%" mlame�-dipdrecexxast.d= 7� City of 1%,irPi YZi a m ea n s • =d �41�J]I1ili DEPARTMENT OF EMERGENCY MEDICAL SERVICES PRIVATE EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING IDLY I OF YEAR., Y12022 AGENCY COMMON NAME: asa earl on yourvehides LifeCare Medical Trans arts Inc. LEGAL NAME: frafterent LifeCare Medical Transports, ITic. FED TAX ID#: 5 4 -16 919 4 4 WEB ADDRESS. 1www.lifecare94.com _ VA DOH OEM S AGENCY #: 100 7 4 9 EXPIRES: 110/31/2023 CLASSIFICATION OF LICENSE: Ground Ambulance - AL 5 HAS YOUR AGENCY EVER BEEN PERMrrMD TO OPERATE IN VIRGINIA REACH7 0 No, never: I I Yes, currently: IVj Yes, but not_curre FOR PERMIFMNG & EXECUTIVE CONCERNS. WHAT IS YOUR CHIEF EXECUTIVE OFFICER'S NAME? KEV IN D I LLARD MAILING ADDRESS? street address or PO box, city, state, zip 1170 INTERNATIOMAL PARKWAY FREDERICKSBURG VA 22406 EMAIL ADDRESS? kdillard@lifecare94.com PHONE #? Work: Cell; N/A �540) 752-Q137 �"Pft arn";"wff a 45 i r+s+kw ow"Aww IL"w•sve Jtkw�Akzt4ml-WbYV.2MLt T uwlww -z %frnmw z 1, 6µ�.l1 W -ha b-ins. emo �WQQ% 4an111%%WW."W)Jw1 VW- 44M NVM U!09- W.PM F-wj ARFS 4SIFI I ArMF'T4 %MJ.-j-WW rylgYMhW1iM M0Yi1�[Nllfk�l�W�'Ia WpamY •71f�.ryk FOR OPERATIONS IN THE VIRGINIA BEACH AREA— ' PLACE OF OPERATIONS ADDRESS: sti•eet address, cttY, mate, zip 933 First Colonial Rd. no PO Ccec Ste lag !Virginia Beach VA, 23454 OFFICER IN CHARGE (OIC) NAME: Ryan Petty OIC EMAIL ADDRESS: rpetty@lifecare94.com OIC PHONE #:. Work: 1 l 1757-450-41-78 : Same DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 244 7? 1 Yes: Np: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? I Yes: No: mp rAi t c. r- 12 ICFRVTCF IN THP ViRC;iNIA RFACH AREA WHAT 1S THE PHONE # FdR___ VB EMS DEFT / 911 CENTER USE? 540.752.7721 HOSPITAL USE? 5 4 0. 7 5 2. 7 7 2 l OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 540.752.7721 MEMBER OF THE PUBLIC USE? 540.752.7721 NAME: DIRECTOR? Dr.Joanne Lapetin,a, MD EMAIL. ADDRESS: bu iemd@aol.com PHONE # . Work: Cell IN/A 804-393-0565 I�rt�•peiRlCRs�enmm�t+tcFnlEwsftff4r•DO0c+umk-mmtSs.FE+tiu» rn- eMtK fvvc'tm=''Awv— Va.Y�s.mnns.nLc air-ir•rc•er�erer �'� /�NIWM1�-'h�pL5�1rNSiE W AREALQ%%PI IFR 0.1Ik YIFw-" WUq*'J7 WpT!rI WK ft w.. MI pq MS.Plowl R• Yb mmp IIVOa M1 1, the undersigned, am legally authorized to sign this application For the company. 1 ne Information oorttained herein is true and correcL The CorrVeny complies with the minimum requirements as set forth in the anent Vlrginia Emergency Medical Services iteeguladons, I VAC 5-31, as amended. The company understands that it may not provide any EM5 services within the Gty of Virginia Beach without a current, valid City of Virginia Beach Private EMS Agency Permit and Virginia OEM$ EMS Agency License. The mmpary understands that should a Virginia Beach Pdvate EMS Agency Permit to operate v*hin the City of Virginia Beach be issued, it does not authorize a response area within the City. Should the company need to dmnge Its cparatlonaI or administrative officers, corporate or contact Information, er level of service; cr terminate service; or have a change In its state issued llrenWs); the company shall notify the Virginia Beach EMS Departnx4A within 10 days of the event(s). N submitting this agency permit application, the company agrees that It shall submit to the Virginia Beach EMS Department any renewals, changes, or enforcement actions associated with the company's QEMS Agency Ucense within 10 days of said adi*s). The company understands that failure to comply with these germs may resutt In Its permit to operate in Virginia Bead being suspended or revolted. Your signature: � • DATE'15/17/2,022 I AM THE: Return this form to: [Division Chief Kevin Lipscomb, NRP . . ... ..i Regulation & Support Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Virginia Beach VA 23452 MY USE ON Va Beata pnvate EMS agency dasVication: B� NEONATAL AIR NON -EMERGENCY EMERGENCY NEW RENEWAL REINSTATEMENT �rrbiw.rbn,erar�C�if,r�rrntj'A15't1iS K7n�,lPrgSwu-SW natis7NlaJn�rr•.0 ,+�RtlJJFM1' W1W��t'Ify, jpte��l4r�r permnac r,myrtrntiorfn .o-p�m:-jot. Nwaw.rornu�ryr4rxxrrt.crnVrts�rrn+wr,.-pu+aw�g swwmris.�wa•,+urwr �l��urrHKr wrvf+rem.anrtirr+hr••,r••.ur...mwr»►o�-r�,po.,,�r•-na,r par DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: IL!feC&xe Medical Transports LLC. Indicate if you receive any of the following services, and if so, from whom: X X x SERVICE Accounting and/or preparation of tax retu m s institutions, lending institutions, and current mortgage holders as aaolicable] Legal Services PROVIDER (use addidonal sheets if needed) Priority Ambulance Corp wacho is —wells Fargo Priority Ambulance Corp CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it Changes prior to the Council action upon this Application. I W. _ APPL! T'S SIGNATURE Ryan Petty 5/17/2022 PRINT NAME DATE '.r„�.A•-cgl'lCla, Vlt94*:t rtj•k 14SVt A� Frm.•VXD CN;L SK MY ±" A#A LL r['IfFF ACiEE rIF ki IMH4 i.6C /�T'xvv y'laxaliy ice•• ��T 5'K i5 d.xk['.� rMwlrr'[+l.�V[k rm.cn hVIkW W, AO" -IRE Cnr r, SK DO.k SAiTA 1V.�I FFn AAWFpt 10 K%,jA<?� F-pt.t Yr"41M, v'gT rvnftda rtj/� -,4 rm—; VIRGINIA - 5CC https:JIcis.soc.virginia.gcrv/En iLySearch/Businesslnfortnation?b.. Entity Information Entity Information Entity Name. LifeCare Medical Transports. LLC Entity ID: 04182804 Entity Type: Limited Liability Company Entity Status: Active Series LLC: No Beason for Status: Active Formation Date: 11/17/1993 Status Date: 10/21/2020 VA Qualification Date: 11/17/1993 Period of Duration. Perpetual Industry Code: 0 -General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: N/A Registration Fee Due Date- Not Required Registered Agent Information RA Type. Entity Locality: HENRICO COUNTY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: C T CORPORATION SYSTEM Registered Office Address: 4701 Cox Rd Ste 285, Glen Allen, VA, 23060 6808, USA Prinlal Office Address Privacy Policy(https://www.scc.virginla.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov 1 of 2 2022-45-17, 14:15 VIRGINIA - SCC https.1/cis.scc.► irginia.gw/EnttySearfiJBusinesslnfbFination?b. -. Filing History Address; 1170INTERNATIONAL PKWY, FREDERICKSBURG, VA, 22406 - 1126, USA RA History Name History Previous Registrations Garnishment Designees Back ° Retum to Search Return to Results Proteded Series Image Request Back to login Privacy Policy (https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov 1..11 1^1L ......cam - . N �s,F+,.�. ►►....,,., �.�,►....r... .. nr_....:.c�.r..r....,..A+:....r........;... � ,.,� 2 of 2 2022-05-17, 14:15 PHILIP J. KELLAM I no �� COMMISSIONER OF THE REVENUE 2.2 2022 �. CITY OF VIRGINIA BEACH I\W CERTIFICATE OF BUSINESS LICENSE NAME AND ADDRESS CERTFICATE NUMBER LOCATION OF BUSINESS LIFECARE MEDICAL TRANSPORTS UC 9501 E PRIWXSS OR 0 L95 SCOTT5DALE AZ 852S5 202.2-8I2303 M RRST COLONIAL RD M IN VIRGINIA SEACH VA 23454-3172 PLEASE RZFER To THts NUMBER IN Au COPMESFONDE [E DATE ISSUED BUSINEM ONGMAMN DATE MONTH DAV YEAR 07j01 MI 2 15 20Z2 I f CERTIFICATE EXPIRES; December 31, 2022 TWS CFRTIHGATE MUST BE AVAILABLE FOR INSPECTION ANO L5 NONTRANSFERABLE Dear Taltpayw.. Thank you for your payment on your Vlrgirda Beach Business License Attached Is your Business License Certificate and the amount shown was applied to this IIcense. ALL CER77EICATES MI„E BE AVAIUU— FOR IjfS?@MH. If you have questions concerning your business license, contact the Business TwMaye► Wslon by telephone at757385.4515; by facsimile at 757—W.41A3; by ektrorlic mall at buslness@VBgov.eom All In -person transactions are conducted by appolrrtmant only; to schedule an appolnlment now, vlslt www.vbgov cofWcor. Please contact me personally If you haver any addrijon►al quesWris or suggestion on how I " Sincerely, License N teat* of Receipt A40&0091— Amount Paid: Philip J. Kellam, Commissioner cu►nul rom Paymert> si: Save time, visit ordine at www.VBgov.com/cor Balance Due: PHILIP J. ICELLAM COMMISSIONER OF THE REVENUE 2401 COURTHOUSE DRIVE BUSINESS TAXPAYERS VIRGINIA BEACH, VA 2345E-9fl02 ADDRESS SERVICE REQUESTED LIFECARE MEDICAL TRANSPORTS LLC 9501 E PRINCESS DR i 195 SCOTTSDALEAZ 85255 2022-812.303 02/15/2022 S 1,529.72 $ 1,529.72 $ 0.00 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence checklist Agency:_MIDWEST For Cycle beginning 3uly 1 of year:_2022_ 1Compietmn Application is filled out completely and legibly Disclosure Statement Form is filled out completely and legibly w/service providers identified Agency's VA DOH OEMS license is current Check EMS Agency Search on VA DOH OEMS webstte. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH GEMS Check for Agency Enforcement Actions on HEMS webs". Principle personnel (CEO/COO/OM€) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for individual Enforcement Actions on GEMS website. VDH GEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is in good standing with the SCC Provide printout of the appropriate VA SCC CI5 Inquiry resift. Agency is in good standing with V8 Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Personal Property Ll�'�Va'.mmLdfs]LDepertrgr�jEMSjETtiS Ads+nLpp]-CMMI-S/C-vRD[E55-ARFAI$Ahljwapi�Vum11�-pem�Csd�msLdue-�Ilg¢r�p�[hedcll5t�ux DocuSign Envelope ID: 7F736792-58BD-4A44.8BBE-94C42E4C4D2E] �OC,7 tz - _r"'i�j 4 DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING JULY 1 OF YEAR: 2022 yrrr AGENCY COMMON NAME; as aDpearinQ on your vehides MKT Ambulance LEGAL NAME: if dift`erert Midwest Medical Transport, LLC FED TAX ID#: 47-0629179 WEB ADDRESS: www-midwest-med,00m VA DOH OEMS AGE!!n 50587 EXPIRES: 31 MAR 2024 CLASSIFICATION OF LICENSE: GROUND AMBULANCE ALS HAS YOUR AGENCY EVER BEEN PERMTiTED TO OPERATE IN VIRGI NIA BEACH? No never: Yes currents ?C I Yes but not currents tAtLU I Wit LVIYLtKMS VVHA f lb TUUK Lr111:F NAME? I Jeff Shullaw MAILING ADDRESS? PO Box 451159 Omaha, NE 68145-6159 streetaddress or Pa hox, dry, state, zio EMAIL ADDRESS? Jeff. Shullaw@mwmtc.com PHONE #? Work: 800-526-3396 1 Cell: 308-379-6184 i 1Wk�'+v•+Ny1Vxy.i4henV �'-�lii�5 �ow��[n6 rvM: ri•C 1•RCCC:S /�REA1,S��V�L1ER+(RCIF[•fi flUlti::•[r7: yr�c iq pr .rewi r Ma�rnYcr'. vF{wn•Kpvc llrlgwurWrfY7euM•urosacW+sd'�� re�wea C4N: svr TRcrFS5 FCFEIS1N1r1[A K1![lJc•T r+HAet+4'1'TwgmrWcap �rmina r �L�pp.nxoe �a•vC pcm•n--N�x�n DoauSlgn Erroelope ID: 7F736782-58BU-4A44-6BBE--W42E4C4D2p FOR OPFRATIONS IN THE VIRGINIA BEACH AREA PLACE OF OPERATIONS ADDRESS: st-eet address, city, state, zip no PO box 5792 Arrowhead prise, Virginia Beach, VA 23464 Chuck Babson OFFICER IN CHARGE (01C) NAME: OIC EMAIL ADDRESS: Chuck. Babson@mwmtc.com OIC PHONE #: Work: Cell: 203-410-0516 00 YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24 7? 1 Yes: x No: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: No: I x FOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA. WHAT IS THE PHONE # FOR.., VB EMS DEPT / 911 CENTER USE? 757-671-8911 HOSPITAL USE? Same OTHER HEALTH FACILITY/OFFICEjCLINIC USE? Same MEMBER OF THE PUBLIC USE? Same NAME: I Steve Skrip EMAIL ADDRESS: I SMS_MD@MSN.00m PHONE # : I Work: Cell: 1 757-651-6808 �klAd.r1n WCM-S Svc PKXW AREA AH f+M1.Y7 KCTPT4V. u'�W. "UV "iO-W ..etR�7M't p^'06-44+ W 4V00 tP "ftJ'A Arlm�rsltMS]kMS Ad bW] WMI Svc -M t%AKbkSU Ef4 r.gHflif•FY4YACaEML1JT�hR'.��lklk%zY Mr11W 'Ab k. �l DocuSign Enveiops ID: 7F736792-WBD-4A44-88BE-$4C42E4C4Q2p I, the undersigned, am legally au&"tzed to sign this application for the company. The ITtormatlon contained herein Is true and cornet. The company oompiies with the minimum requirements as set forth In the c rmt Vlrginla Emergency Medical Services Regulations, 12 VAC 5-31, as amended, The company umkhr nds that It may not provide any EM5 services within the City of Virginia Beach without a current, vaild City of Virg Inla Beach Cow.ma-dral EMS Agency Permit and Virginia OE MS EMS Agency Ucense. The company understands that should a VIrginla Beall Commercial EM5 Agency Permit to operate within the City of Virginia Beach be issued, It does not authorize a response area within the City. Should the company need to change Its operational or administrative officers, corporate or contact Information, or lewd of service; or terminate Service; or have a change in its state issued ficerr9e'(s); the company shall notify the Virginia Beady EMS Department within 10 days of the a ient(s). By submitting this agency permit applicatlon, the mrnpany agrees that It shall subrnit to the Virginia Bed EMS Department any renewals, changes, or enforcement actions assodated wilt} the company's DEMS Agency 1lcense wltNn 10 days of said action(s), The company understands that failure to comply with these terms may result Inks permit to operate in Virginia Beach being suspended or revoked - Your signature: (,GucE b.1sa,. DATE, 15/17/2022 Return this form tD; Division Chief Kevin Lipscomb, NRP Regulation & Support Services Virginia Beach EMS Department 4150 Virginia Beach Blvd Virginia Beach VA 23452 Regional Director C TY USE Uj ff Va Beach commercial EMS agency gS Ai5 NEONATAL AiR . Classification; NON -EMERGENCY EMERG8iLY '., i NE'W RENEWAL REINSTATEMENT 'tl t�r},r.•,pxstw�rm�wbrr lLtinx w..��gn�W9rt•Pet?[[ss N��tft•rn�rF M-:ar+Y�r. +�wrerrurr Rro wily �v-Hlad �arbs,�lrrrr �aytrwr. �.v:n 'grtge. m-+ft'ail:+ronrrm.ns�[n5�� rs 1uIn��lfr1/Mh51AK-0K'][CSS-AtLF]!1H'�517 R +1r=ut �3p' W1+y�fx.t 1rt'wpN.rYw rY4•"'u�1!on �a �b �.-me n.,..� Doeu&gn Enveiope ID: 7F736792-58BD-4A44-SB13E-94C42E4C4D D DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: ' Midwest Medical Transport company, LLC ❑/s/A mKr Ambulance Indicate if you receive any of the following services, and if so, from whom: FYES] NO _ SERVICE PROVIDER fuse additional sheets if needed x x j Accounting and/or preparation of I tax returns I Financial Services (Include bank institutions, lending institutions, and current mortgage holders as adnlicable) Legal Services Great Western Bank Omaha, NE Koley 3essen CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate, I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application_ X Sthff 14W APPLICANT'S SICNATURE Scott Arthur Regional Director 1717120 j! PRINT NAME DATE i1Klw••MN1�1Ws-Tlf'..IrW ��t1K A.%-0W0CW1A-:K4'XCWAri-A1JMt i A4ls:fl i fu.•+�.[r i WV,w'�•% p� •+r+.r 2&4. .,w—Ta.. lv/¢r rw.Ytl•I1C ..r.,-,.1C1+M1�!lS Atr-1= CV05 SIK*WX%% AUAV'1+M RaM ►MI T 4VV+•.V4311 .Pr'�'iloGi p.-as4... Hx.+ 1-4ktmm VIRGINIA - SCC https://cis.scc.virgtnia.gov/EMitySearch/Businesslnforrnation?h... Entity Information Entity Information Entity Name: Midwest Medical Transport Company, LLC Entity ID: 11317807 Entity Type: Limited Liability Company Entity Status: Active Series LLC: No Reason for Status: Active Formation Date: 02/23/2000 Status Date: 12/14/2021 VA Qualification Date: 12/14/2021 Period of Duration: Perpetual Industry Cade: 0 - General Annual Report Due Date: N/A Jurisdiction: NE Charter Fee: N/A Regis ration Fee Due Date: Not Required Registered Agent Information RA Type: Entity Locaiity: ROANOKE CITY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: CAPITOL CORPORATE SERVICES, INC. Registered Office Address; 10 S Jefferson St Ste 1400, Roanoke, VA, 24011 1327, USA Principal Office Address Privacy Policy(https;//www.s=.virginia.gov/privacV.aspx) Contact Us (https://www.scc,virginia.gov I..rk.l..lk. ........f�...i y... ) /l,s+.,...11....... i.,...,1,.,..1..-.....+nl:...[.,.�ca�t._�......... .��....r...,.....r.-........■ of 2 2022-05-18, 11,44 VIRGINIA - SCC Mtps://cis.sm.virginia.gov/EntEtySearth/Businesslnfor nation?b... Address: 2155 33rd Ave, Columbus, NF, 68601, USA Filing History RA History Name History Previous Registrations Protected Series Back Retum to Search Retum to Results, Garnishment Designees Image Request Back to Login Privacy Policy(https://www.sec.virginia.gov/prtvacy.aspx) Contact Us (https://www.scc.virginia.gov r�i� ►..i�. .,.,,.,r�..a ��....► /h►+..�� ► 1..... �.. a.....M....[. �....., n,:....:..:era..��r..._-...�.►:....r........:.-..:.,..� 2 of 2 2022-05-18, 11:44 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Ag a ncy:_N IG HTI NGALE_ For cycle beginning July 1 of year:_2022_ --- Win- — - - conripje� ,application is filled out completely and legibly Disclosure Statement Farm is Filled out completely and legibly wlservice providers identified Agency's VA DOH ❑EMS license is current Check EMS Agency Search on VA DOH OEMS websfte. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH GEMS Check for Agency Enforcement Actfrons on DELIS wetrsite. Principle personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions from VA DOH GEMS ; Ched for Individual Enforcement Actions on GEMS website. VDH GEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is in good standing with U-ie SCC Provide prfnbout cf the appropriate VA SCC CIS Inqusry result. Agency is In good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inculry to Kelly Copeland, Deputy Treasurer far Personal Property IlvoWv.CnmWN1PLWrimrnC�EWL EA5.�bnin�000-CMM4-SYC-Pf1tJCE55^AREAjSAMfuP ��l�'P4rt►lydd�ms�1V�4�1gCnGC-�Dd�[.dux C4 � z� -;R� ■ - {: C-7ity �i�ginia �cach DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING JULY 1 OF YEAR: AGENCY COMMON NAME; Nightingale Regional Air Ambulance as na?wdrN on yout vehicles LEGAL NAME: If dd'fefwt FED TAX ID*: 54-1547408 WEB VA DON GEMS AGENCY #: 5>J9 CLASSIRCATION OF LICENSE: j Air Ambulance E]CIxiRES: I June 30, 2022 HIS YOUR AGENCY EVER SEEN PERMITTED TO OPERATE IN VIRGINIA BEACH? W.Ne, never: Yes. currently x I Yes, but not Currently; PE.RMrMNG & EXECUTIVE CONCERNS WHAT IS YOUR CHIEF D(E0JTIVE OFFICER'S. NAME? Denise Sayiaus MAILING ADDRESS? 6W Gresham Drive Norfolk, VA 23507 street address or PO bax, c1ty, state, np EMAIL ADDRESS? dxtaylou@sentara.corn PHONE #? Work: 1 757-388-= Cell: 757-575-7495 u�m�+d�+�w�v�?as+.a+.kao-o.us��nn�ss ra-�vue+arr�,.n�� eern�aoo� urovw r�whiw.o.a.+�nas+�,�.woo�civc►r+tllss�v�m�-�v�*�uw,[a�om.ca ••�-,•� Fm r PFRA TMq IN THE` VIRGINIA BEACH-{ ARFA.. PLACE OF OPERATIONS ADDRESS: srm address, dtY, 21P no FV box 600 Gresham Drive Norfolk, VA 23507 OFFICER IN CHARGE (OIC) NAME: Denise B80ous OIC EMAIL ADDRESS: DKBAYLOU@sentara.wm DIC PHONE # : Wo�.757-38&2572 Cell: 751-575 7495 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24 77 Yes: x No: HAVE WE LSSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: No: x Ina CALLS MR SERVICE IN THE VIRCdNIA BEACH ARIA. WHAT IS THE PHONE # FOR. - VS EMS DEP'T / 911 CENTER USE? 1-BOO-572-4354 HOSPITAL USE? 1-800-572-4354 OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 1-800-572-4354 Y MEMBER OF THE PUBLIC USE? 1-80a-572-4354 WHO TS YOUR OPERATIONAL MmICAL DIRECTOR? - - NAME: Lorf Glvc netts EMAIL ADDRESS: Lorlandbar@aol.com PHONE #: Work: 388-2500 Cell: 757-593-9007 �v�•v��na+» wwwoo-ose-s�ca.uss.w�.+su++rr�x�ae+r �.a I, the undErWned, am legally authorized to sign th[s appllcOw far the oo Vmy. The Jrdbrrration tontavhed hehrmin is bw and [xxreCt The COn any CWV ies wft the minimum repuranents as wt 57rtth In the curer t Virginia En4rgency Medical Services RiTulaboffi, 12 VAC 5-3I, as amended. The company understands that it may not pmvlde any EMS mrvlces wit hln the Ctty of Virginia Beach wttYhout a wrreM valid City of WOW Beach Cornmerdal US Agency Pern)it and Virglnla OEMS EMS Agency lira - The cvrnparhy undmstaruts tint s#uwid a Virginia Beach Cornmerdal M Aghaxy Permit to operate within the City of Virginia Beath be lma , It does not audw rtme a nmpwm area wetin cite Ctty. Should ttie company need to etonge Its operational or adrninlstrathre dicers, corporate or contact Information, or level of service; or termkk to sarWox, or have a change in Its store lsawd flterm;e(s); the company sthafl roWN the ► iirgiria Beach BOOS Department m thln 10 days of the ewer$(s). By Pubmitting this awry permit applloetfah, #* rnrt WW agrees that it shall subma to the Wglnin Boac h EM Depar rent any nanewafi�, changes, ar enfvrarxnt actions amodathed with the oompanys GEMS Agency Uci%nae wttihln 10 days of said ac ion(s), The company Lmdersthands t wt failure to comply with Umse tem, may result In b permit to operate In Wgirra Beach being swpexled or revoked. Retum this form to: RivLsian Chlef Kevin Upscomb, NRP . ■r ssrr � • • Ragdadw & Support Services VirgfrO Beach EMS DepaMTmt 4166 Virginia Beach BNd Virginia Beach VA 23452 CITY 3NLY Ve Beach aammercia3 EMS agenr y BLS (Ai J NED NOW"FE tGENCY E�MeRGENC!M] NEW MNEWAL RENSTAT ��owm wrn�Ad.*haho-ara�+ax�xr�>nxst�eaee,e+r h�rahww.+vashho�nm.�ners�ehs w.�uaon.c3vc-.�oa+,ams�.�,a+Y fir,-.�ps�r�,c�,. DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that It can determine If arty City Council members have conflicts of interest in the application you are bringing before them. Organization name; L Sentara Healthcare/Nightingale Regional Air Ambulance indicate if you receive any of the following services. and if so, frorn whom. FES NO �x SERVICE PRQVIDER (use additional sheets a needed x x J Accounting and/or preparation of tax returns Financial Services (Include rank Institutions, lending institutions, and current mortgage holders as applicable) Legal Services Tax return is prepared by our internal accounting department. Reimbursement: consulting services are performed by Dixon Hughes Goodman LLC._ Sun Trust Bank, 'T'D Bank, Wells Fargo Bank, Bank of America/Merrill Lynch, JP Morgan Chase, US Bank, Barclays, Citibank, Goldman Sachs, TowneBank, Old Point Bank, First Citizens Sank_ Willcox and Savage PC; William Mullen Clark & Dobbin; Patten Wornum, Hatten and ]Diamonstein; McGuire Woods; Kaufman and Conoles; LeClair Ryan; Poole Mahoney; Wolcott, Rivera, Gates, Serrateli, Mijal q.ttq. crX1E111�■d�.laouirsa-s�C+Sx�,'.51rIY��.K�Ir�NMA6eM9+rrw�4ea e+�}Gn�riC�+*r..em 1ptgw�aro�atl�rp'wy�lS�d ►enr�aavo+a-S�[�a�r�sa+�[%r a�ra5r+aeieor,e-fin �.e+s ems' CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete, true, and accurate. I understand I arm responsible for updating the Information provided herein If it changes prior to the Council action upon this Application. x APPU '*S SICNATU Denise Hayloue 05/18/2022 PRINT NAME DATE IMaowr�as�lo�arrrr�v�+a Il4.m�c.�+err ItrtiRr��11De�trrwir}SI519i5 ►trA.loGo-draAAFA+RwL��+T #tied VIRGINIA - SCC https://ds.scc.vlrglnla.gov/EntitySearch/Businesslnformation?b. Entity Information Entity Information Entity Name- Sentara Hospitals Entity ID: 03597861 Entity Type: Nonstock Corporation Entity Status: Active Series LLC. N/A Reason for Status: Active and In Good Standing Formation Date: 06/04/1990 Status Date: 06/04/1990 VA Qualification: Date: 06/04/1990 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction, VA Charter Fee: $50.00 Registration fee Due Date. Not Required Registered Agent Information RA Type: Entity Locality. HENRICO COUNTY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: C T CORPORATION SYSTEM Registered Office Address: 4701 Cox Rd Ste 285, Glen Allen, VA, 23060 6808, U SA Principal Office Address Privacy Policy (https://www.scc.virginia.gov/privaty.aspx) Contact Us (https://www.scc.virginia.gov 0-ti,/-tt' r..-A f6%*+.. 10.....,... C...,..,.1...-1,-.,...rtr.-. - C4-4-.-- a:.-...r"..........1.-.........1 I of 2 2022-05.18, 12:05 VIRGINIA - SCC https://cis.scc.vfrginia.gav/End4eSearr-h/BusinessInfof-mation?b.. Address: 6015 Poplar Hall Dr Ste 308, Norfolk, VA, 23502 3819, USA Principal Information Last Title Director Name Address Updated Treasurer Yes Robert A 6015 Poplar Hall ©r Ste 308, Norfolk, 06/19/2020 Broermann VA, 23510, USA President Yes Michael V Gentry 6015 Poplar Hall Dr Ste 308, Norfolk, 06/19/2020 VA, 23510, USA Yes Howard P Kern 6015 Poplar Hall Dr Ste 308, Norfolk, 06/19/2020 VA, 23510. USA MEMBER INFORMATION; Member Information: No Membership Provisions Provided Filing History RA History Name History Previous Registrations Back, Retum to Search: Retum to Results Garnishment Designees Image Request Back to Login Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.soc.virginia.gov I..ILI..IL ......r-...a �......► IL.�a...�.11..�.... F��..F,.,,,I. �.+.., I►J:..,�.+.�Gi-�a.,r`...-.-....--.f�....r^...,,...,�r.-......► 2 of 2 2022-�05-18, 12,05 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency:_RELIANCE_ For cycle beginning July 1 of year:-2022_ RIM Complebon nnuep Application is filled out completely and iegiNy Disclosure Statement Form is filled out ❑ompietely and leglbly w/service providers identifled Agency's VA DOH ❑EMS license is current C *ck EMS Agency Search on VA DOH GEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH ❑EMS Check for Agency Enforcement Actions on GEMS website. Principle personnel (CEOICOO/OMD) have na demonstrated pattern of receiving enforcement actions from VA DOH ❑EMS Check for InclMdual Enforcement Actions on GEMS webslte, VDH OEMS Program Representadve endorses that agency is in good standing Provide endorsement statement. Agency is in good standing with the SCC Provide printout of the appropriate VA SCE CIS Inquiry result Agency is In good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct ingiiry to Kelly Copeland, Deputy Treasurer for Personal Property 11+�baw.cap+�Wrst1�*Po1EMsl�+s►�esxn�000�+� SVC vrtoCFSS-►utE��S�W1P.ov�aUaCa�•u��r■sk1��e-a��oc - � amity n� V•xrgi rail a � Bch t -o or OUR Ono DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING JULY 1 OF YEAR: 2022 i AGENCY COMMON NAME: as appearing vn yoor vehides Reliance Medical Transport LEGAL NAME: If different Reliance Medical Transport ELC FED TAX ID#: 463686105 T WEB ADDRESS: RelianceMT365.00m VA DOH OEMS AGENCY #: o t 7 a<) EXPIRES: � � � 2 ,y.�� q CIASSIFICATION OF LICENSE: C--j F r n��'6 r HAS YOUR AGENCY EVER BEEN PERMrrMD TO OPERATE IN VIRGINIA BEAC7-i7 No never: Yes currend X I Yes but not curren FOR PERMTI-f"iNG & EXECUTIVE CONCERNS, WHAT IS YOUR CHIEF EXECUTIVE OFFICER'S. NAME? Jason Grimes MAILING ADDRESS? street address or PO box, dry, state, zip 156 Newtown Rd Suite Al Virginia Beach VA 23462 EMAIL ADDRESS? }grimes@Reliancernt365.com PHONE #? Work: 757-260-9996 1 Cell: 757-362-5829 ti1�SfF�r.cur,lcro _uxa. ��-+enitt•4s,[;+s ►cr n107C-DIY? F 9n`-iPli(�ARt AWiPPLIr % rr�Attrzrr: +uraA[iltrri�s.l We M.uh ytn„[� �e • e1�fN,�nn, Grvm (b*ni awti LlwCv.{e,n1Wh:'Ck^,krl•r�B�Cf/S1(�!S Wr�IVOC?IWi-SYc•I'R0�55-AML��SV1'PL[t�•AW[[llnr�WNC#1!r-u+q�Me�K.a�rPn�it: el-l-suCWratlm �•krR n�•4�irJe.[�:� FOR OPERATIONS IN THE VIRGINIA BEACH AREA... PLACE OF OPERATIONS ADDRESS: 156 Newtown Rd street address, dty, state, z'p Sulte Al no Pa b"" Vlrglnla Beach VA 23462 OFFICER IN CHARGE (OIC) NAME: Elizabeth Nethery OIC EMAIL ADDRESS: ENetJvey@RelianoeMT365.com OIC PHONE #: Work: - -456-5147 Cell: 757-392-9700 L 7 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24 7? Yes: )(I No: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: I No: X FOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA WHAT I5 THE PHONE * FOR... VB EMS DEPT J 911 CENTER USE? 757-456-5147 HOSPITAL USE? 757-456-5147 OTHER HEALTH FACIUTYIOFFICE/CLINIC USE? MEMBER OF THE PUBLIC USE? 757-456-5147 757-456-5147 WHO IS YOUR OPERATIONAL MEDICAL DIRECTOR? NAME: Dr. Rene Mandan EMAIL ADDRESS: 0MD@Rellancemt365.com PHONE #: Work: 757-456-5147 Cell: 757-613-4008 ,Nvw,.mm crm IVlq-uw%q- htW NOmmvm W"j `_VL PROCIN, i.'JA4' PFU°A ALidDENI MA%ftZEfaKI Wq � Vf P, I� [O-eiKYflK�4v. M, rC (vnwCAL: 15r�r<n.Mde�likNfinew+sST'�51f1{S xh�MMo'lokYl•SYCi`Aot�SSAKl41YJPoif!RJ�CR�rfM•uR'rKK,'�1lH�wiPPw�Mr�'R'n*w�e.a e�wL1� �wks•+4(emi�7.�� I, the undersigned, am legally authorized to sign this application for the oompany. I he Irvormaeon cornafned herein Is true and wrrect. Tne wrnpany complies with the minimum requirements as set forth in the current Virginia Emergency Medical Services Regu6ations, 12 VAC 5-31, as amended. The company understands that It may not prwlde any ENlS services wttnln the City of Virginia Beach wRhout a current,, valid City of Virginia Beach Commercial EMS Agency Permit and Virginia oEMS EM5 Agency Lioerrse. The company understands that should a Vlrglnla Beach Commercal EMS Agency Permit to operate within the city of Virginia Beach be Issued, it does not autNrtze a response area within the laty. Should the company reed th change its c7perational or adrrAnistradve officers, corporate or contact Information, or level of service; or terminate service; or have a change in Its state Issued IIcense(s); the earrtparry strati notify the Vlrginla Beach EMS Departrrrent within 10 days of the event{s). By submitting this agency permit application, the company agrees that it small submit to the Virginia Beach EMS Department any renewals, changes, ❑r enforcement actions associated with the camparry`s GEMS Agency License within 10 days of said actton(s). The company understands that failure to comply with these term may result In its permit to operate ;n Virginia Beach being suspended or revoked. Your signature: DATE: / 11 I AM THE: CEO Return this form to: Va Bead cornmetdal EMS agero y dassrftcattort: Officer listed above: Division Chief Kevin Lipscomb, NRP Regulation & Support Services Virginia Beach EMS Deparbnernt 4160 Virginia Beach Blvd Virginia Beach VA 23452 CITY USE ONLY BLS NOWEMERGEN NEW NEONATAL AIR EMERGENCY REINSTATEMENT II N�.r:.nhyer k'Am;r akLWUvS APFjo,#CYlj S11rm7455-AXtAW.,PA ItKofdLMIRI—AWGg1iY{I*-aA-1R-11'7Q'@a Vw'JW:rX.IYfRr1RS'H,-4 Aft yutgerxx.rmm7 Wy.� t WWHS h",WM0Y•n SW i OUN5 ASTAIAlf'vt 7fA AWYWIn T�ps .,0Y0$q* aw fnr wJetpo -A 9Wt.W9 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: lReliance Medical Transport Indicate if you receive any of the following services, and if so, from wham: YES x x X SERVICE Accounting and/or preparation of tax returns Financial Services (Include bank institutions, lending Institutions, and current mortgage holders as applicable) Legal Services PR�YIDER (use additional sheets If needed) Medical management Consulting Group Navy Federal Credit Union Pierce McCoy, PLLC CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the Information provided herein if it changes prior to the Council action upon this Application. APPL T'S SIGNATURE Jason Grimes 5/11/2022 _ PRINT NAME DATE L1Y+pdr.rtrt[yv�7lypr,a•rn..oOM5W% 04"WD'0" ►RA%5XKVN at3ie CNL7 r M mllft re aW'md+m "W „� Ita lwepnr.on�ANt1[�satr�rcrh �EM51EH5 AemrnV+76 p�M!.9YC-090CESfrN1E+Wt"0.I9i �1GRFFH9�T-VAfNY6a+W1Vc�Y Pem.aeS ��k"s�gCL^a.r u,nm.e�e -Rfit (d VIRGINIA . SCC https://dss(x.Virginia.gov/EntitySearch/Buslnesslnformation?b,.. Entity Information Entity Information Entity Name: Reliance Medical Transport, LLC Entity ID: S4718335 Entity Type: Limited Liability Company Entity Status: Active Series LLC: No Reason for Status: Active Formation Date: 09/17/2013 Status Date: 10/27/2020 VA Qualification Date: 09/17/2013 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee. N/A Registration Fee Due Date: Not Required Registered Agent Information RA Type: Entity Locality: NORFOLK CITY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: P/M Client Services, LLC Registered Office Address: 101 W Main St Ste 101, NORFOLK, VA, 23510, USA Principal Office Address Privacy Policy(https://vwvw.scc.virginia.gov/privacy.aspx) Contact Us (https://WWW.Scc,virginia.gov f..IL I..If. �....�.,r► ��.,..� lL.ta..�. 1l........ r�...1,.-...�. ....... n I�....f.,��rF�F.,/"..�........��....r...,".....,.�......'I of 2 7n73-nS-1 7 1 1 •1;1, VIRGINIA - SOC https: //cis.scc.vi rg i n la . gov/Ent itySearch/B usi nesslinform a b on ? b, .. Address: 156 Newtown Rd Ste A-1, Virginia Beach, VA, 23462 - 2410, USA Filing History RA History Name History Previous Registrations Protected Series Gamishment Designees Image Request Back Return to search Retum to Results .� Privacy Policy (https-://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.sec.virginia.gDv L-.....h..r.L —...1%A-r.:..:..C"M►.�1^wra�...�i:w,�r�''. nn nnirv-iwn� 2 of 2 2022-05-17, 11:5 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency:_ROBBIE'S_ For cycle beginning July 1 of year:_2022_ ewrp i ,n�ials Application is filled out completely and legibly Disclosure Statement Form is filled out completely and legibly w/service providers identifled Agency's VA DOH OEMS license is current Check EMS Agency Seat& on VA DOH OEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Agency Enforcement Actions on GEMS webshte. Principle personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Individual Enforcement Actions on GEMS webste. VDH OEMS Program Representative endorses that agency Is In good Standing Provide endorsement Statement_ Agency is in good standing with the 5CC Provide printout of the appropriate VA SCC CIS Inquiry resuit Agency is in good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer for Personal Property Ili-ccmldfsl�0C�ntsI EF1E�BdsRdminWW-C?lW-S%C-akoCFS5-AREA%SWlwap H-MnuUtd-emsW&e4iymcrcredduudoa r DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING 3ULY 1 OF YEAR yyW 1202-2 HAS YOUR AGENCY EVER BEEN PERMITTED TO OPEPATt: IN VIRGINIA BFACN7 never': Yes X I Yes but not current JENNIFER VfLIANUEVA MAILING ADDRESSI PO BOX 8873 a'd"°"°` "d b"-v, "� z'p VIRGINIA BEACH, VA 23450 EMAIL ADDRZ%'7 jsnCrobNesambuian ce. ca m I'I-IONE #? Work: Call:757-765-0400 757$47-6225 u�•aaau+p�onwre�avu�s �►a,.rraw•�►e-yrr+sw4s�w,rv��+rse�arr�w�rr,•n••ra,•,•r,cc�r• �p•�+*a� n�uw+.m.wr+W.:a� M�noaac++r•s�r�aae�.+wb�uurnxmat;�dmn+xiwr�+nrv�rsbvo�rrnn.4+rrc�p��•+o++.er.+n=-++R�e�nr' FOR OPERATIONS 1N THE VIRGINiA BEACH AREA... PLACE OF OPERATIONS ADDRESS: 2984 S LYNNHAVEN RD, STE 105 street add'ew- utr. tee, * ViRGINtA BEACH, VA 23452 no PO hoc OFFICER IN CHARGC (OIC} NAME: Jennifer Villanueva OIC EMAIL ADDRESS: fen@robbiesambulance.com OIC PHONE*: Work: Ceti: 757-785-04C 157$47-M6 DO YOU KEEP ONE OR MORE AMBULANM FULLY STAFFED 24 Yes: -No-.-- X HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? I Yes: No: j X FOR CALLS FM SERVICE IN THE VIRGINIA BEACH AREA. WHAT IS THE PFiOW .2 FrP VB EMS DLW j 911 CENTER - - - - - 757-785-04 QO HOSPITAL USE? 757-785-0400 OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 757-785-0400 MEMBER OF THE PUBLIC USE? 757-785-0400 WHO IS YOUR OPERATIONAL M FDICAL ❑Tel-rTntt? NAME: SCOTT MCCANN, MD EMAIL ADDRESS: SCOTTDMCCAN N@G MAI L.CO M PHONE #: Work: Celt: 919-491-8795 1 1919-491-8795 W*r+ Wh M04Tda"O'S&%f •emteW-C"9- n0eC' %Fgkwwwb-b pi mwduti pYbw• imil` Ac"LIYOOJ �Ni*K-POCCISS silert 1mero l bw+,r 4 the rmderslgned, am lew-dly aAwIzed to Sign b* apppcatW for the mmpany. The tniermatiorr contained herds is true and Own - TN rumPwW c 3cOl85 wtth t10 n* krum ragLkerneft as set forth In the cisno t Wglnts Flnarrgerfcy ► **W Services Regutatiom% 17 VAC 5-31, as oats xW. The Company mierstands that R may not Mwlde any Efi'S ser AM within the oty or VIrOft Beach without a Qrmwt, valid CRY of vlrgirla 89" Ccxrirnm'cW EMS Agency Perfttlt and Vkgtnla GEMS EMS Agency Ucerm. The cnmparry uideritarids dW dwUd a vwgkµs Beach Comma tiel EMS Agency Permit to operate vrtrin iffe City of vlrginla Beach M tetrad, R doer riot &L0o ke a .eq) nse area wlthin rife Oty. ShGiOd Che r r7eed to dv a Its l or administrative ofRaers. carporate or oonmct Milormatsun, or laud of smite, or Umnkm a service; or have a dange in ks state tsa Z hcimse(s); ** camparrf gian notify the VkgWM BM& EMS Dep. heiesr:t wthin 10 days of the events). By subrnMtht'g this agery p wft &Dpia ftn, the company agrees brat it -4-al subritt to the V TOTila Beads EMS Department any rervw►ais, &onges< or am%rcwm t actions assodated vrttti the comp* y's GEMS Agency 1lc t wRW 10 days of sald admn(sa The company urrde� that fgi" to mrrW y ►Mth these tern's may r%wk ki Its PamA to operate in Yrr"Bwch belfg w pad or revoked. Your signature: DATE., Return this form to: Wslon ChW Kevin Upsoomb, N RP Reyuiabon & Support Ser►rtaes lrrginla Beach EMS Depdrtrs*erit 4160 Virginia beach Blvd Vrginla Beach VA 23452 '}YEp+/fi.�wNr.1�hINM}Gpp{ I-ACiiiO(7 YiAMlALk1r711 rRy�C!!@Mr�VJ 7'�If7/'Ni1M�Florf'inMAJ Wl "qqm l my"tb P%'&Ac"�, "IW-A—NO" Mm Ram wrw=9109- !.It -PR top--h•Nil" DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that It can determine if any City Council members have conflicts of Interest in the application you are bringing before them. Organization name: ROBBIPS AMBULANCE SERVICE, INC Indicate if you receive any of the following services, and If so, from whom: YES PROVIDER [use *"tionai sheets if FNO SERVICE Aeeded Accounting and/or preparation of j taut returns institutions, lending institutions, and current mortgage holders as Legal Services ONEAL TAX SERVICE, INC. WELLSFARGO CERTIFIF,4TIQN: I certify that all of the Information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand I am responsible for updating the information provided herein If It changes prior the Councll action upon this Application. x APPLICANT'S S!GNATU Jennifer iilanueva 05/1012022 PRINT NAME DATE MAQW-*roW sw-mxf5►M�AWIPPL I.MC%7�IVlN¢!4�1i1icphypq'pnNR1.Ht+I+Yfs9Fdxkiaro-9.uTapt.,lxY aV.A&"W.Mel SK-PInal.�1�RLf1�5L'P0.lPP..r7FlySttfJMtH[�Mi��MMA+.NIIMF.AYIcf�f-�+Oew�: VIRGINIA - SCC https://cis.scc.virginia.gov/EnMySearch/Businesslnformation?b... Entity Information Entity Information Entity Nance: Robbie's Ambulance Service, Inc Entity ID: 07764293 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date. 04/01 /2014 Status Date: 05/24/2022 VA Qualification Date: 04/01/2014 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: $50.00 Registration Fee Due Date. Not Required Registered Agent Information RA Type: Individual Locality; VIRGINIA BEACH CITY RA Qualification: Officer of the Corporation Name: JENNIFER VILLANUEVA Registered Office Address: 805 BRITTLEBANK DR, VIRGINIA BEACH, VA, 23462 - 0000, USA Principal Office Address Privacy Policy (https://www.scc,virginia o/ x .v g Adp�Sry �4}S I.YfVN HAVEN �IR�N ��I�iV�, gov of 2 2022-05-24, 14.19 VIRGINIA • SCC 23452 0000, USA Principal Information Title Director Name Vice Yes KENNETH President MICHAUD President Yes JENNIFER VILLANUEVA General Yes Scott McCann Counsel Current Shares https, //ds . scr. virg in ia. g ov/E ntitVSea rch/ Busi rmessI nfomia tlon 7h. , , Last Address Updated 2984 S LYNNHAVEN RD, VA BEACH, 02/20/2019 VA, 23452 - 0000, USA 2984 S LYNNHAVEN RD, VIRGINIA 02/20/2019 BEACH, VA, 23452 - 0000, USA 2984 S LYNNHAVEN RD, Virginia 1010212Q20 Beach, VA, 23452 - 0000, USA Total Shares: 100 Filing History RA History Name History Previous Registrations Back s Return to Search Retum to Pesuits Gamishment Designees Image Request Back to Login Privacy Policy (https://www.scc.virg'inia.gov/privacyaspx) Contact Us (https://www.scc.virginia.gov 1..11.I�ll. ......r�.� ��.,..� �i.a-r.....11........ ��..f......i, �.,.....nrs.-.-.:..:.C�--.F..1'.��........c:.....r.........,�....:...,� 202 2022-05-24, 14:19 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence checklist Agency:_SPECIAL_EVENT_PROVIDERS_ For cycle beginning July 1 of year:_2022_ T C,OiY1Ori { 1 init�l5 Application is filled out completely and legibly Disclosure Statement Form Is filled out completely and legibly wjservice providers Identified Agency's VA DOH GEMS license is current Check EMS Agency Search on VA DOH OEMS wehsite. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Agency Enforcement Adions an OEM5 website. Principle personnel (CEO/COOIOMD) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check for Individual Enforcement Actions on OEMS webs.te. I VDH GEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is in good standing with the SCC Provide printout of the appropriate VA SCC CIS Inquiry result. Agency Is in good standing with VB Commissioner of the Revenue Agency is in good standing with VB Treasurer ►%�j U,ect inquiry to Kelly Copeland, Deputy Treasurer for Personal Property (.. k%vbw v.camVft1WWararrn"ftXEK5 rdrhkADOo-UaKu-SVGaRaCE54ARFAlSAFsWyP�erl�pmlry Pm*M#aert�lducdiugc�rd J doo 's .. - DEP�RTMEW OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE t JULY 1 OF YEAR' V'14A'k,xvm AGENCY COMM N NAME: a5 appearhg on ' vuhi ies Special Event Providers of Emergency Medicine, Inc. LE NAME: If dFffererd FED TAX ID*., 1 26-38 4488 WEB A mE55; VA DDIi DEMS AGE #: Q� D(PIRES: -3 f -�J 202-3 CLASSIFICATION OFF LICENSE: BEEN never: IN VIRGINIA BEACH? FOR PERMTMNG & C MVE CONCERNS WHAT IS YOUR O-IIEF IXECLRWE OFFICER$ — NAME? Tom Martin MARIK ADDRESS? P. C. Box 68580 street address or Po box, dLy, staee, ztp Virginia Beach, VA 23471-858() PHONE CO.- 1757-287-7751 I «++_v�su.reMy�rsrr7„R. ti6+c+PKM�.nu'o�rausx-oaxes=��wvrisRK�;p�[�i•M►:.r��,rur+^r�y4r.re�nn-c�:�s��.�•ro�-.t�•.eR, xr lL,t�e' �^*,LNk'1.pe(i�K�lf'.fay}rF+s�Ai'%�P1�C'Ni'J'K'•PNi': SRyIRUi�'nk'L�i �CMENS!YYMffFIQ17 AR'i��1�V-T�,�1�``.T�i1P[1M�oWFW.M;tif,Y�i :MIST. FOR OPERATIONS IN E VIRGINIA BEACH AREA... PLACE OF OPERATIONS ADDRESS: 16Z1 Donna Drive street ad&e-ss, dtY, state, ziP Virginia Beach, VA 23451 i no Po box OFFICER IN CHARPE [OIC} NAME. Tom Martin OIC EMAIL ADDRESS: cougamorHk@�aol.com OIC PHONE #: Work: Ce[1: 757-287-7251 7 DO YQU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24 7? Yes: 1_ HAVE WE ISSUED YOU A RAD10 ON OUR RADIO SYSTEM? Yes: X Nw. I i FOR CALLS FOR SO4CE IN THE VIRGINIA BEACH AREA, WHAT 15 THE PtIONE # FOR... VB ETS DEPT / 911 CENTER USE? 757-287-77-51 HOSPITAL USE? 757-287-7251 OTHER HEALTH FAPUTY/OFFIC E/CLINIC USE? 757-287-7251 MEMBER OF THE PUBLIC USE? 757-287-72511621 WHO IS YOUR OPERATIONAL MEDICAL a NAME: I br, Mlke Sono EMAIL ADDRESS: PHONE #: I !Work: Cell: 1757-•650-5M u :i-"w 1- 1 "4 ,_ L - w o% � "i • .4. rA i'. •7oti 1; St .'.b 'F- a- .f./!A� 1 �...- Y+t�v+• : •:r n ..+uwyn;.r-5•_�sar• ,.r,ai•..�r _r .v �-.n,•.:.� A. ..r- •r•ej%-�, t: I, the: wxkmwwA an IegatlV. autlxwtzed to sign this appbmbm for the Company. 'The information contained herein Is true and carrem The Company wpio with the minlmkm requirements as as set forth In the current Virginia Erne gerxy Niedxal Samms RexgulatJoM 12 VAC 5-31, as . The company understands that it may not provide any DIS sedMcas within the CRY of Virginia Beach without a oureirt, valid CIty of Vinglnia Seeds Cornm>errdal EMS Agency Permit and Vuginia OEMS EM Agency License. The omVany unds that shorid a Virginia Beach Commercial BMS Agency Permit to operate rvlttdn the City of IY grm Beady be mued, it dc6s not auto-ize a response area within the City. STnould the company need W Change ft operaborol or adrnlnishative officers, corporate or coated orifomiatfan, or level of sff Am; ortesminate service; or have a diange in its state issued llorrse(s); the oxnpan( shall rrobN the Virginia Beach EMS Departrnern within 10 days of the event(s). By s bmkbng tfds ermit agency pappli adon, th carnpany agrees that It "I suW* to the Virginia Beach EMS DepadmerTt arry renewals, changes, or elbruarmt actlons amo it,ed %ch the [nrnparry's OTS Agoxy License within 10 days of sold adfon(s). The o npany undarstends that failure to cam ply with two terms may result h Ns permit to operate in Virginia Beach being suspended or revcw. Your signature: _ I Rd= owls fbrm to: Division Chief Kevin Lipscomb, NRP Regulation & Support Services Virginia Beach EMS Deparinwrt 4150'Virgirda Beads Blvd Virginia Beach VA 23452 Va Beach cornrtlerdai EMS age my 6i5 . F NOWEMERGi NCY NEW ?RE NEONATAL AIR EMERGENCY REINSTATEM EN i N p„ru Nnn Fe ermc +r31F3:, Ass runrypnCw+t _NL-P%DiSS wryy srnt4x. 'R+iw N71T 1t?C�MLry+rS1b�'F +AMW1(Y' iy,Flr Sr--frpw, Au" IPmjwwAt:r F�it+1RWCir';"a ho.Ab a• Irk eoppk t:r(ffv�-O�R!•nLh1Y.(H i I The Virginia Beach'City Council requires you to declare your relationships to certain service providers and financial institutions so that It can determine if any City Council members have conplas of interest in the application you are bringing before them. Organization Special Event Providers of Emergency Medicine, Inc. Indicate if you recei a any of the following services, and if so, from whom-, SERVICE PROVIDER (use additional sheets ifi needed) Accounting and/or preparation of returns F ancial Services {include bank titutions, lending institutions, ajWd current mortgage holders as Ligal Services CERWICATIOW. I certify that all of he Information contained In this Disclosure Statement Form is complete, true, an,;accurate. I understand 1 and responsible for updating the information provided herein If it changes prior to the Council action upon this Application. SIGNATURE Diane Martin PRINT NAME 05/19/2022 DATE rpppr.id�h' 1Vft i •ti6{M'�I-SlA'.P4xr_G`S3S P.- M41Jii+6 V<ZM N'rv"Jo VuGplY-;e" tW a Weer d'PcdRwC,p: 7� iyypy.+.QI AG .,}dq Y[=r �1C 5 9�pE F' Y�n:,'OL1Q11Uf VRCC•'. G aeu�,vry�1x[ hG.9�i�_ fr+WrGF%e.' W -Att s& Kevin A. Lipscomb From: Dottie T. Shurtz Sent: Thursday 19 May 2022 10:24 To: Kevin A- Lipscomb Subject RE: Due diligence on commercial ambulance service Good Moming, Spec7al Event Provr'ders of Emergency Median, Inc. is now compliant with our office. Thanks for your assistance. Deputy Commissioner for Business Taxpayers office of Philip ! Kellam Commissioner of the Revenue 2401 Courthouse Drive Virginia Beach VA 23456 Telephone 757.385.5795 Fax: 757.385.4183 Email: dshurtz@vbjzov.com "Save time, RENEW YOUR BUSINESS LICENSE ONLINE" Navigate to: www.vbUv.com/car select the blue tab titled Vl3ePay: Business License Renewal Portal is Now Available Onlinel The Information contained in this electronic message may he iegally phv);eged under Title 58-1-3 of the Code of Virginia and all other applicable law. If you have received this communicatlon in error, please iet me know and purge the communication Immediately without making any copy of distribution. From: Kevin A. Lipscomb rklipscom@vbgov.coma Sent: Wednesday, May 18, ZU22 1037 AM To: Dottie T. Shuru <DSHURTZ@vbgov.com Subject: RE: Due diligence on commercial ambulance service Thanks! Division Chief Kevin Lipscomb, NRP Proactive & Special Services his oW2-(EOV7) r+reFa�r.+ u-r AWGU Al ac of B From. Dottie T. Shurtr <DSHURTZ@vbPov,com Sent: Wednesday IS May 202210:33 VIRGINIA SCC h",,//cis.sec.virglnia.gov/EntittSearch/BusinessInformation?h.. Entity Information Entity Information Entity Name: Special Event Provicsers of Emergency Medicine, Inc. Entity ID: 07030653 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: 12/10/2008 Status Date: 01/19/2011 VA Qualification Date: 12/10/2008 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: $50.00 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Individual Locality: NORFOLK CITY RA Qualification: Member of the Virginia State Bar Name: JON M BABINEAU Registered Office Address: 109 E MAIN ST STE 413, NORFOLK, VA, 23510 0000, USA ArivP-9Fyc�c�C .�f�.scc.virginia.gov/privacy aspx} Contact Us {hops://www.scc.virgin#a.gov Irii.►..II. ......t��f��....� I�.►F..�.►►...... Ile ------ L'.,,..,..n��.,..�..��ri�+.,r-,......._..r;.,..r..........:....:....■ 1 of 2 2022-05-26, 11:42 VIRGINIA - SCC https://us.scc.Arginla.goy/EntitySearch/BusinessInformation7h... Address: 2332 MATHEWS GREEN ROAD, VIRGINIA BEACH, VA, 23456 - 0000, USA Principal Information Last Title Director Name Address Updated President Yes DIANE 2332 MATHEWS GREEN ROAD, VIRGINIA 10/25/2012 MARTIN BEACH, VA, 23456 - 0000, USA Yes GEORGE 2332 MATHEWS GREEN ROAD, VIRGINIA 10/25/2012 MARTIN BEACH, VA, 23456 - 0000, USA Current Shares Total Shares: 1000 Filing History RA History Name History Previous Registrations Backe Return to Search, Return to Results; Garnishment Designees Image Request Back to Login Privacy Policy (https://www.scc.virginia.goov/privacy.aspx) Contact Us (https://www.scc.virgtnla.gov 0-11, loll, .-..,..f....+ .....,..� rMM..... rl�...�., k.�..i.....�, r..... nr.,.........r��a.,r.........r.a:....r..............�......� 2 of 2 2022-05-26, 11:42 VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence checklist Age ncy:_TIDE WAT ER —ME DICAI._TRAN SPORT_ For cycle beginning July 1 of year:_2023_ i nitia Ls filled Application is out completely and legibly r Disclosure Statement Form is filled out completely and legibly w/service providers Identified Agency's VA DOH OEMS license Is current U»eck EMS Agency Search on VA DOti GEMS wehsite. Agency has no demonstrated pattern of recelving enforcement actions from VA DOH GEMS Check for Agency Enforcement Actions on OEMS wehsi:e. Principle personnel (CEO/COO/OMD) have no demonstrated pattern of receiving enforcement actions from VA DOH OEMS Check "or Indlvidual Enforcement Actions on OEMS websrte. VDH OEMS Program Representative endorses that agency is in good standing Provide endorsement statement. Agency is In good standing with the SCC Provide printout of the appropriate VA SCC CIS Inquiry result. Agency is in good standing with VB Commissioner of the Revenue r Agency is in good standing with VS Treasurer Direct inquiry to Kelly Copeland, Deputy Treasurer For Personal Property 11+�-mmlarslloepuvr�c�6ls�Eh7s wrrvn�aoa-c�+wi-s1�C�rrD�55-nRfaWan�,sWpn�h�+�l�a�9M+ee-d+err�staov� 1— - — tl- 111F� of at A t -ph* V#IVr-Mn DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BIEGINNING JULY 1 OF YEAR: AGEN as amearing COMMON NAME: I on your vehides Tidewater Medical Transport, Inc LEGAL NAME; if ditmr FED TAX ID#: 800883883 WEB ADDRESS: www.trntambulance.com VA DOH O M5 AGENCY #: 01333 EXPIRES: 0513012023 C ASSIFI ON OF LICFN§ T X3rourid Ambulance - ALS HAS YOUR A HCY EVER BEEN PERMITTED TO OPERATE IN VIRGINIA BEACH? I No, never: I I I Yes, currently; I -"! Yes, but not currently: FOR PERM rMNG SL EXECUTIVE CONCERNS WHAT IS YOUR CHIEF EXECUTIVE OFFICERS NAME? I Barbara Smith MAILING ADDRESS? 7503 Woodrow Street, Suite 8 5iree, addr OF Po box, dty, state, zip Portsmouth, VA 23707 EMAIL ADDRESS? I barbaraa =mbulance,com PHONE #7 1 Work: 1 757-399-0999 1 Cell: 1 757-535-5885 htnrftj,�-OHil-M-PYpC �NJ�}WrFi1R�lO�19�7+WF:CL•�Tw.q{��jpP'7u+t �{w3�n�Wl{w[rt�hrtriMrrtrtW7 1�1V-NYC a 4',$� .]E14�[V�WJ�1a41rl I+GTrinepla }M+�a'y ta+wCed4�L!rJc!'�FJtM^nsbdxt- *Ago MR OWPATI S IN THE VIRGINIA BEACH AREA... PLACE O OPERATIONS ADDRESS: st"t add vm, aty, state, zip no Po box 2503 Woodrow Street,, Suite 8 Portsmouth, VA 23707 OFFICEP IN CHARGE (OTC) NAME: Christopher Smith OIC EMAIL ADDRESS; Chri_satmtambulanmm OTC PHONE #: Work: 757-399-0999 Cell: 757-582-1272 —L DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24 7? Yes: � No: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: No: � FULL CALLS R SERVICE IN THE VIRGINIA BEACH AREA. WHAT IS THE PHONE # FOR_.. VB EMS DEFT 1911 CENTER USE7 757-399-0999 HOSPITAL USE? 757-399-0999 OTHER HEALTH FACILITY/OFFICEICLINIC USP 757-399-0999 MEMBER OF THE PUBLIC USE? 757-399-0999 I, the undersign , am legally authartzed to sign this applobon for the company. The infanyw can contained herein is MOB and om7ect. The cam wy cnrnplies with the minhnurn requlnemerits as set forth in the Curti}t Virginia ErnenyTlcy Medical Servb!s Regulations, 12 V C 5.31, as mnerded. The comparry understands that ft may not provide any EMS sere within the City of Vl,glnia Beach vA ioLf a current, valid City of Vinglnla Beads Carrrrwdai E M5 Agency Permit and Vlrpinla OEMs EMS Agency License- The ny understands ttW shoWd a Virginia Beach Cornmerdal EMS Agency Permit to DDerate ►vfttdn tha Oty of VI^glnie Beads lee issued, It does nut auttmrize a response area wtthln the City. Should the company aced to change its operational or adm I nistrabve fftcess, corporate or contact inforrratfan, or Ievei of service; or terminate service; or have a change In its state is licerrAs); the company shall wt4fy the Vtglnla Beach EMS department within 10 days of the event(s). By SAXT tting this agency permit ap ilc^atlon, "❑ompany agrees that it shall submit to the Virginia Beach EMS deparGnerrt any renewalls, d-kvxges, or enforcement a Zons as9Ddated with the mmparo} s OEVS Agency License w%n 16 days of said action (s)- The oampany understands that FaiiLim to damply with Nse terms may resutt In its permit W operate In Virginia Beach being suspended or revoked Your signatu DAIE., 05/11/202.2 I AM THE: I CFO lisp above: ❑oeratbis Officer listed above: ✓ Rebum this fc n tn: DMsion Chief Kevin Lipscomb, NRP NOMMO&92y,car Regulation & Support Services Virginia Beads EMS Departrrlent 4160 Virginia Beach Blvd Vlrglnla Beach VA 23452 _QT7 ;SL.S •_ Va Beath codas HMS agency ALS ffEOf#ATAL AIR C� 1on�Y EMERGENCY NEW PMEWAL ,REWS'iATEMENT SElfi �1dnMR7760/U•^X•pr•L[f$41E6►4SsvL1[w.r�AfB�rta4�la�R'a: VcMYye'n .�s.nwv :f '+�tls+tr+e Pcefi.eaa r ,c�5 ■7nW�¢po-dlU JY[�P1Y•Q5i�4�2wPt lFRili��.�wa.J_rlvr,svrp�erpakys.rt7a�M�Ee1C7eb�+oF.oOln*�:—i14iti pS DISCLOSURE STATEMENT FORM The Virgini Beach City Council requires you to declare yourrelationships to certain service pro iders and financial institutions so that it can determine if any City Council members h ve Conflicts of interest in the application you are bringing before them. Organizat n name: Tidewater Medical Transport, Inc Indicate if YES receive any of the following services, and If so, from whom: SERVICE ^� PROVIDER (use additional sheets If needed) Accounting and/or preparation of tax returns Financial Services [include bank Institutions, lending institutions, and current mortgage holders as Legal Services E. C1.ark and Company Towne Bank Donny Lascara certify th t all of the information contained In this Disclosure Statement Form Is complete, rue, and accurate. i understand I am responsible for updating the information provided herein If It changes p for to the Council action upon this Application. APPLICAlirS 05/11/2022 Christaohezr Smith PRINT NAME1 I DATE �4wn'�ppY.tl-RCfVACfg+ILfJiaAp[leYe.iC,1�F!►[1:r-lfiAVv4r�k.wr i+rne�cn.sMaasca.r. wtrmrzem MkuivO07{Y.99H:-Y.7�Y M6Ritif^11FR.L,oEi�iYlf'e�m4�laa�y .. r �r•t ..[co- s-r= VIRGINIA - SGC https:/fds.scc.virgirtia.gov/Entity5earch/Businesslnformation?b... Entity Information Entity Information Entity Name: Tidewater Medical Transport, Inc. Entity ID: 07864259 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: 01/09/2015 Status Date: 12/10/2019 VA Qualification Date: 01/09/2015 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: NIA Jurisdiction: VA Charter Fee: $50.40 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Individual Locality: CHESAPEAKE CITY RA Qualification: Member of the Virginia State Bar Narne: DOMINIC P LASCARA Registered Office Address: 652 INDEPENDENCE PARKWAY, SUITE 120, CHESAPEAKE, VA, 23320 - 0000, USA Principal Office Address Privacy Policy (https://www.sm,virginia.gD nvaey.g� V C�ntact U� Ps.11 5f� iV rtiia.gov Address: Woo raw t t t- 5 UrH, �Tii�l Of 2 207—inS-17 11 •iq VIRGI>~IIA - SCC 23707 - 2124, USA Principal Information Title Director Name PRES/SEC Yes BARBARA D. /fRIAS SMITH Current Shares h ttps:,l/ds. sm. v lrg I n la.g ov/ E ntitySea rch/B usinessl riformation �t... Last Address Updated 133 COOKS LANDING ROAD, Camden, 12/09/2021 NC, 27921 0000, USA Total Shares: 5000 Filing History RA History Name HisbDry Previous Registrations Garnishment Designees Image Request Back} Return to Return to Results Privacy Policy(https://www.scc.virglnia.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov r..i4��i�. r....F_�-..-....� rwu.,r.er,,..�..c.,�..ti.....i. �.......nr...�.,�.,ct..+.,r...........tz....r.,,,,....}....�....� 2 of 2 2022-05-17, 11:1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City - owned -property known as Harbor Canal, located at the rear of 2329 Leeward Shore Drive MEETING DATE: June 7, 2022 ■ Background: Todd Lee Hollowell and Blair Jones Hollowell (the "Hollowells") have requested permission to maintain an existing 8.92' x 23.99' wood dock, ten (10) wood piles, 12' x 12' wood and steel boat lift, 2.94' x 11.19' wood ramp, 13.90' x 6.01' wood floating dock, 99.69' of vinyl bulkhead, and 84.69' of river rock into City -owned property known as Harbor Canal (collectively, the "Temporary Encroachments"). The Temporary Encroachments are located at the rear of the Hollowells property at 2329 Leeward Shore Drive (GPIN: 2409-09- 3968). ■ Considerations: City staff have reviewed the requested Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are currently similar encroachments within Harbor Canal, which is where the Temporary Encroachments are located. ■ Public information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments, or add conditions as desired by Council. ■ Recommendations: Approval ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval kkll Submitting Department/Agency: Public Works/Real Estate City Manager: 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 HARBOR 7 CANAL, LOCATED AT THE REAR OF 8 2329 LEEWARD SHORE DRIVE 9 10 WHEREAS, Todd Lee Hollowell and Blair Jones Hollowell (the "Holloweils") 11 desire to maintain an existing 8.92' x 23.99' wood dock, ten (10) wood piles, 12' x 12' wood 12 and steel boat lift, 2.94' x 11.19' wood ramp, 13.90' x 6 01' wood floating dock, 99.69' of 13 vinyl bulkhead, and 84,69' of river rock within a portion of City -owned property known as 14 Harbor Canal, at the rear of their property located at 2329 Leeward Shore Drive (GPIN: 15 2409-09-3968) (collectively, the "Temporary Encroachments"): and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Holiowells, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachments in 27 the City's property known as Harbor Canal as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT 29 LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE 30 HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GPIN: 2409-09- 31 3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA 32 BEACH, VIRGINIA," Scale: 1" = 30', dated December 10, 2021, prepared by Gallup 33 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A and on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Holiowells (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 w 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Hollowells and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2022. CA15596 R-1 Prepared: 51312022 llvhgov. comWfs1 lapplicationslcitylawlcycom321wpdocskdO031pO41100801577.doc APPROVED AS TO CONTENT: AP EKAO LEGAL SOU FICID FORM: PUBLIC WORKS, REAL ESTATE R ER SENIOR,tITY ATTORNEY PROPERTY OF CITY OF VIRGINIA BEACH HARBOR CANAL M.B. 48. PG, 15 0 EX. WOOD PILES FLOOD (TYPICAL) EX. BOAT LIFT EX. RAMP o FBB IX. FLOATING DOCK N 81'43'31" W 136.34' FRIVER LW=MHW5EE SHEET 2 OCKBULKHEAD FOR DETAIL ALUMINUM FENCE SLATE/CHIPS WALK WOOD RAMP — N a w 1 n� �l �� P�I-TH p�, c �0 Lf Cl 7a D i� DA �. UTLER a `Ic. No. 38B95 NO 2 Ala Is"VION A L E��'1 EX. WOOD DDCK FRAME SHED if � ■ ■ STORY FRAME BLDG 12329 w, �� * ■ ■ 0 30 60 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX ❑ x a � a � 1 � Cn a z 0 Dw LOT 221 DRIVEWAY 00 CV of z O CL L-107.85' R=1000.00' e�e��R=1700.00' L=12.15' LEEWARD SHORE DRIVE (50- R/W) M.B. 48, PG. 15 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N.20150615000550930 GPI N: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH. VIRGINIA Scaie 1"=30' J Date: DEC. 10. 2021 J Sheet: 1 of 3 W:IHollowe11, Todd - 2129 Leeward Share 17rive\Dmmngs121-37 Encr hment.dwg, 3/2/2022 70:50:56 AM M.S. 48, PG. I j 1 1.94' CV r7 tI7 IEX. WOOD DDC 8.92'7.25' 21.49' X. 12'x12' rn BOAT LIFT N 21.41'. 1 7.57' I` 8.87' rn 18.75' c° EX. RAMP 4 4 cn 2.94' EX. FLOATING DOCK 6.01' f " 8.46' 1.44' 1 l � l l 0.55' --- l 1 69' l� 1.20' 01 �l 12.66' t EX. WOOD PILES (TYPICAL) } N f �k -�LRI> /Lmin. nALA EX, VINYL BULKHEAD NLW=MHW h I EXHIBIT A 0 20 40 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX V,NLThr O�,'"r No. 38395 4 ONAt ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TOAD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N.20150615000550930 GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA Scale: 1"=20' 1 Date DEC. 10, 2021 1 Sheet: 2 of 3 WNHoIIcvmK Todd - 2329 Leeward Shore Duve\DrawingsV1.37 Enuoe[htnent.dwg, 3/aZOZ2 10 50 57 AM NOTES: 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDE❑ FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY COMPASS & CHAIN, LLC DATED AUGUST 5, 2021 AND FROM A SITE PLAN PREPARED BY GADDY ENGINEERING SERVICES, LTD. DATED MARCH 22, 2018. 4. THE LOCATION OF BULKHEAD, FLOATING DOCK, FIXED DOCK AN❑ WIDTH OF HARBOUR CANAL WAS FROM AERIAL MAP. NO FIELD WORK WAS PERFORMED. O NOW OR FORMERLY CYNTHIA A. SMITH & DALE T. SMITH I.N. 202103018531 LOT 220, SAY ISLAND, SECTION TWO M.B. 48, PG. 15 GPIN 2409-09-5918 2325 LEEWARD SHORE DR N1,T11 Lr O r v DAB UTLER •l c. No. 38395 ONAL tir'U GALLUP SURVEYORS S ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX 4 NOW OR FORMERLY JOHN A. TREFRY, III & CYNTHIA W. TREFRY I.N.20150315000211700 LOT 222, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 GPIN 2500-00-2040 2333 LEEWARD SHORE DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOO❑ PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N.20150615000550930 GPIN. 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48. PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA Scale: NA I Date: DEC- 10, 2021 1 Sheet: 3 of 3 WAHollowell, Todd - 2329 Leeward Shore Onve\Drawirigs121.37 Encra chrnenl.dwg, 3/2/2022 10750:57 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE tBOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-81'I(C)t4) THIS AGREEMENT, made this 62 + day of r , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TODD LEE HOLLOWELL and BLAIR JONES HOLLOWELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "221" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrail, Jr & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2329 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing 8.92' x 23.99' wood dock, ten (10) wood piles, 12' x 12' wood and steel boat lift, 2.94- x 11.19' wood ramp, 13.90' x 6.01' wood floating dock, 99.69' of vinyl bulkhead, 84.69' of river rock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS HARBOR CANAL (NO GPIN ASSIGNED) 2409-09-3968 (2329 LEEWARD SHORE DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GPIN: 2409-69-3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 30'. dated December 10, 2021 and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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. I 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 fisted 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 ($140.00) 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, TOD❑ LEE HOLLOWELL and BLAIR JONES HOLLOWELL, 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 2022, by , CITY MANAGE RIAUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. 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: (SEAL) The foregoing instrument was acknowledged before me this day of 2022, 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. Notary Registration Number; My Commission Expires: Notary Public (SEAL) 6 4 2�11-1 T06D LEE HOLLOWELL, Owner LAI R JONE01-LbAELL, Owner STATE OF CITY/COUNTY OF ~' -wit: The foregoing instrument was acknowledged before me this '��1+� day of 2022, by TOD❑ LEE HOLLOWELL and GLAIR JONES HOLLOWELL. Notary Public Notary Registration Number: jv �aT AR ;��a5 My Commission Expires: 757o575 '■,�'q, '4�J81 �C'� •''+O�WEA�Tr+ °; APPROVED AS TO CONTENTS S1 N TURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM A EY CITY ATTORNEY PROPERTY OF CITY OF Ex. WOOD PILES VIRGINIA BEACH FLOOD {TYPICAL} EX. BOAT LIFT Ex. RAMP 4 c HARBOR CANAL Ex. WOOD Docx EX. FLOATING DOCK M.B. 48. PG- 15 N 81'43'31 " W 136.34' ° MLW=MHW SEE SHEET 2 RIVER ROCX VIM B"HEAD FOR DETAIL 36e ALUM NUM FENCE FRAME SLATE/CHIPS WALK SHED WOOD RAMP 0 � FLOWER BED � FLOWER BED SLATE ELEC cc GENE. RATOR [rl _ �O r" 3 ' BLOCK RETAINING WALL, POOL f 2 STORY FIRWE BLDG �y❑� 12329 C� i.T� Ox 0 p v DA UTLER a q`l c. No. 39395 K rIONA L E�yG 0 30 60 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)42"132 (757)425-2390 FAX w 4 It 0 co a v � l _ a zbo z p LOT 221 DRN�W_ AY 5 07,85' R=1000.00' 0'`R=1700.00' L=12.15' LEEWARD SHORE DRIVE (50' R/W) M.S. 48, PG- 15 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B- 48, PG, 15 CITY OF VIRGINIA BEACH, VIRGINIA Scale: 1"=307T Date. DEC. 10, 202 FSheet 1 Df 3 WiHollowell. Todd - 2329 Laeward 5hor Inver mngsVI-37 1 ncroac hment dwg, 3/2/2022 1OM55 AM wwop-�- lz ---Ar M B. 48, PG, t¢3 m Q z� Q SQ�� p UC9p m p` ° m w U m m o< �= l Lu tL a O �l } 1.94' - I 1 1 ' I Ex. WOOD DDC7��i L12'}x12' BOAT LIFT N 0 21.41'- ` 7! 8.87' b, 1 B.75' ` `g IX. RAMP I C , 02� rn � Ex. FLOATING DOCK r 6,I f I &46' 1 1.44' l ti l � l�G-15.6 y 0.M 1.69' in in 1 �1 1.26 al �� N 12 4 EX. WOOD PILES [TYPICk] h 0 20 40 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX y�1 0 Ex, VINYL BULKHEAD MLW=MHW I - EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD SL RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JOKES HOLLOWELL I.N. 20150615000550930 G PIN 2409-09-3968 LOT 227, BAY ISLAND, SECTION TWO M.B. 48, PG, 15 CITY OF VIRGINIA BEACH, VIRGINIA Srale� 1"=20' 1 Date: DEC. 10, 2021 ,. 1 Sheet: 2 of 3 *AtltA I owelk. Tood - 23:9 Leeward 5nore Drrvr\j)ra wi ng sl2 1-37 Enc to acnme m.dwg, 3/2/2022 1nOS7 AM NOTES: 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY COMPASS & CHAIN, LLC DATED AUGUST 5, 2021 AND FROM A SITE PLAN PREPARED BY GADDY ENGINEERING SERVICES, LTD. DATED MARCH 22, 2018, 4. THE LOCATION OF BULKHEAD, FLOATING DOCK, FIXED DOCK AND WIDTH OF HARBOUR CANAL WAS FROM AERIAL MAP. NO FIELD WORK WAS PERFORMED. L'J NOW OR FORMERLY CYNTHIA A. SMITH & DALE T. SMITH I. N. 202103018531 LOT 220, BAY ISLAND, SECTION TWO M.B. 48, PG, 15 GPIN 2409-09-5918 2325 LEEWARD SHORE DR �ti�p.LTH OF� Lf O' o u DAP UTLER `c. No. 38395 ��t �`�S'nvAl �-? GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 (757)425-2390 FAY, O NOW OR FORMERLY JOHN A. TREFRY, III & CYNTHIA W. TREFRY I-N.20160315000211700 LOT 222, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 GPIN 2500-0D-2040 2333 LEEWARD SHORE DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TOAD LEE HOLLOWELL & BLAIR JONES HOLLOWELL LN.20150815000550930 GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B.48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA Scale: NA I Date: DEC. 10, 2021 1 Sheet: 3 of 3 W:\Hoilc wek Todd - 2329 Leeward 5Kv a Dri relDm wirys121-37 Er rvachment.dwg, 31 Z120 Z2 1050 57 AM l } 7 ' Y ' J� • ". �.or a - Jjr - iK 06 1 .� . � . ��+..w. � wry -� `� •., • �• Kw* itJisou mk �.�.yrti �- 4p� 3 ►r K ir - - -166 1� sa -MERL N W t SHORE ,y I Legend ------ —� City Properties 2409-09-3968 - ~ LEE W RD SHARE DR i I � ❑■ FL-j7 1� 7 r LOCATION MAP FOR ENCROACHMENT REQUEST TODD LEE & BLAIR JONES HOLLOWELL 2329 LEEWARD SHORE DR GRIN 2409-09-3968 Feet 0 50 100 200 Disclosure Statement ik, I" rig & Cominunitt_- 1 k'N('Ioprnent 1k 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. A licant Qisclysure Applicant Name lr noes the applicant have a representative? ClYes E J NO • If yes, list the name of the representative. Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? ❑ Yes IrJ NQ • 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) r "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 lousiness 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. Rev, WJ 11.091020 11 I Disclosure Statement DevdWmmt Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac ave an interest in the subject land or any proposed development contingent on the subject public action? El Yes Na 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 tmortgage, deeds of trust, cross-coliateralization, 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? Mie's ❑ No • If yes, identify the financial institutions providing the service. 2. Does the apZNO have a real estaftbroker/aSeWmaltor for current and anticipated future sales of the subject property? El Yes • 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 nnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o ■ If yes, identify the firm and individual providing the service. 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 ZNo ■ If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 2r Np If yes, identify the purchaser and purchaser's service providers. Disclosure statement c*Vef1B.=* planning & Community Development 5. Does the applicant have a construc_tiio�n contractor in connection with the subject of the application or any business operating of to be operated on the property? Id Yes ❑ No • If yes, identify the company and individual providing the service n 7. Does the applicant have an englneer/surveyortaZes t in connection with the subject of the application or any business operating or to be operated on the property? l.� ❑ No • If yes, identify the firm and individual providing the service. 8. Is the applicant receiving legal services in ZO ection with the s ject of the application or any business operating or to be operated on the property? El Yes IJ • Ifyes, identify the firm and individual providing the service. Applicant Sisanature I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, l am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 1149004 Appli nt Signature , �C7s" 140 --G--6 _ �a, r A6 OLAJe ll_ Print Name and Title Date ! Is the applicant also the owner of the subject property? ❑ Yes Z No • If yes, you do not need to fill out the owner disclosure statement. Revised 11.09 2020 3 1 P a g c CITY OF VIRGINIA BEACH AGENDA ITEM - J ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City - owned property known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive MEETING DATE: June 7, 2022 ■ Background: Christian C. Cool & Jennifer K. Cool (the "Cools") have requested permission to maintain the existing 1.35' x 82.61' vinyl bulkhead, 12' x 12' boat lift, 15.15' x 7.84' wood dock and lamp post, and to construct and maintain a 5' x 25' fixed wood dock, two floating wood docks (1 a' x 21.5' and 5' x 25'), 13' vinyl bulkhead, and 4' x 12' aluminum ramp (collectively the "Temporary Encroachment') into City -owned property known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive (GPIN: 2409-09-7975). ■ Considerations: City staff has reviewed the Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the Harbor Canal, which is where the Cools have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate, City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY -OWNED 6 PROPERTY KNOWN AS HARBOR 7 CANAL, LOCATED AT THE REAR 8 OF 2317 LEEWARD SHORE DRIVE 9 10 WHEREAS, Christian C. Cool and Jennifer K. Cool (the "Cools") have requested 11 permission to maintain the existing 1.35' x 82.61' vinyl bulkhead, 12' x 12' boat lift, 15.15' x 12 7.84' wood dock and lamp post, and to construct and maintain a 5' x 25' fixed wood dock, 13 two floating wood docks (10' x 21.5' and 5' x 25'), 13' vinyl bulkhead and 4' x 12' aiuminum 14 ramp (collectively, the "Temporary Encroachment'') into a portion of City -owned property 15 known as Harbor Canal, located at the rearof 2317 Leeward Shore Drive (GPIN: 2409-09- 16 7975); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Cools, their heirs, assigns 27 and successors in title are authorized to maintain the Temporary Encroachment in the 28 City's property as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 29 SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST 30 AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL 31 BULKHEAD & ALUMINUM RAMP FOR CHRISTIAN C. COOL & JENNIFER K. COOL 1.N. 32 20160601000460270 GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO M.B. 33 48, PG, 15 CITY OF VIRGINIA BEACH, VIRGINIA," Scale 1 " = 20', dated October 11, 34 2021, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as 35 Exhibit "A" and on file in the Department of Public Works, to which reference is made for a 36 more particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the City 40 of Virginia Beach and the Cools (the "Agreement"), an unexecuted copy of which has been 41 presented to the Council in its agenda, and will be recorded, after execution, among the 42 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 47 48 49 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as the Cools and the City Manager or his authorized designee execute the Agreement. Adapted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. CA15420 PREPARED: 515122 R-1 \Wbgov.comWfs 1 lappiicationslcitylawlcycom321wpdocs1d0031p041 Z0801345,doc APPROVED AS TO CONTENT: P BL C WOR S, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM: DANA ARMEYER SENIOR CITY ATTORNEY 2 LTN O' a [f .' • c y v DA llTLER �R. c. No. 38395IN fiSSIGNAL E C NOW OR FORMERLY DANIEL E. WILLIARD, II & MARY LOLL WILLIARD 1.N.20130329000362090 LOT 217 M.B. 48, PG. 15 GPIN; 2409-09-8991 cfl J 2313 LEEWARD SHORE DR- I Ex COVER Ex SHED HARBOR CANAL ALL CANALS HAVE BFEN DEDICATED TO pFtINCESS ANNE CpDN� VIRjiRGI CH VlRG1N1A] EX EDGE OF WATER UP TO SNOW CIN OF VIRGINIP BEA BULKHEAD AT TIME OF SURVEY EL OOD SEE SHEET 2 FOR DETAIL EBB Ex VfN1'L r-EX BOAT UF7 I--rBULKHEAD N �� 54 946" W Elf VINYL Ex LAMP BULKHEAD Ex WOOD DOCK FLUSH WrM GROUND Ex TOP OF BANK LOT 218 EX NATURAL f2317 GAS 1AEiER EX 2-STORY BRICK do FRAME 'C] cp � IX CON N Via. f [n' L=160' R=600' LEEWARD SHORE DRIVE (50' RIW) M.B. 48. PG. 15 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A SITE PLAN PREPARED BY WPL DATED AUGUST 9, 2011. 0 40 80 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGJNIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX NOW OR FORMERLY !"LENTON W. SHANKS & MARGARET C. SHANKS D,B.1DD6. PG, 399 LOT 219 M.B. 48, PG. 15 GPIN: 2409-09-6947 a 2321 LEEWARD SHORE DR. L1 QQ4 \�4sa-5810 RDAD OF 5Pl4ugi EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP FOR CHRISTIAN C. COOL & JENNIFER K. COOL i-N.20160601000460270 GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO M.B- 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA Scale: 1 "=40' Date: OCT- 11, 2021 Sheet: 1 of 2 WACvd, Chmunn & )e nifer - 1317 leeward Shoe Dnvr\Dr lrgs:2Z-44 Emroachme t-dwg. 12/1/2021 3:23 4Z PM L D,A j*, BUTLER Q`i` c. No. 38395 p_ � N - - 4., a � ��S`�jONAL E�OA HARBOR CANAL ALL CANALS �t \'E BEEN DEVCUNTy RlED 70 PRIG E flITy F VIRGIN�A gEPC�1IV1RGI4�IA� lNQ"N ELpp --E.BB PROPOSED 1O'x21.5' FLOATING WOOD DOCK PROPOSED 4'x12' ALUMINUM RAMP PROPOSED 5'x25' FLOATING WOOD DOCK 1, D( 12'x 12' BOAT LIFT EX EDGE OF WATER UP TO BULKHEAD AT TIME OF SURVEY <<r+ c r o 1 15,15 EX. WDOD DOCK EX. LAMP FLUSH WITH GROUND 7.8615.15' EX- 1-35'r82-61' VINYL BULKHEAD {TOP=3.7'i} NOW OR FORMERLY CAMEL E. WILLIARD, TI & �N77'41")') W PROPOSE❑ 13't VINYL BULKHEAD * REPAIR EX. VINYL BULKHEAD AS NEEDED MART LOU WILLIARD EX. TOP — — I.N.20130329000362090 OF BANK LOT-217 f LOT 218 (M.B. 4 PG. 151 GPIN: 2409-09-8991 2313 LEEWARD SHORE DR. — `- 0 6 C vp PROPOSED 5'x25' WOOD FIXED DOCK ----tom — NOW OR FORMERLY CLENTON W. SHANKS & MARGARET C. SHANKS - D.B.1006, PG. 399 LOT-219 (M,6.48, PG. 15) GPIN: 240M9-6947 2321 LEEWARD SHORE DR, 4 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP 0 20 40 FOR CHRISTIAN C. COOL & JENNIFER K. COOL LN.2D150601000460270 GALLUP GPIN 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO SURVEYORS &ENGINEERS M.B. 48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA 23454 (757)428.8132 (757)425-2390 FAX Scale: 1"=20' Date: OCT. 11, 2021 1 Sheet: 2 of 2 W ACool. Chn5tian h /enWer - 2317 Leeward Shore DnveNDrawing5121 �a Encroachment dwg. 12/1/2021 3:23:A3 PM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31 ) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-81 i(C) (pl) THIS AGREEMENT, made this 291h day of April, 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTIAN C. COOL and JENNIFER K. COOL, 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 Site N Two Hundred Eighteen "218" on that certain plat entitled, "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA., LYNNHAVEN MAGISTERIAL DISTRICT," Scale. 1 = 100', dated October 1958, prepared by Frank D. Tarrall Jr. $ Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated. known, and described as 2317 Leeward Shore Drive, Virginia Beach, Virginia 23455'. WHEREAS, it is proposed by the Grantee to maintain the existing 1.35' x 82.61' vinyl bulkhead, 12' x 12' boat lift, 15.15' x 7.84' wood dock and lamp post, and to construct and maintain a 5' x 25 fixed wood dock, two floating wood docks (1 g' x 21.5' and 5' x 25'), 13' vinyl bulkhead and 4' x 12' aluminum ramp, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NOT ASSIGNED (CITY -OWNED PROPERTY KNOWN AS HARBOR CANAL) 209-09-7975 (2317 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City -owned property known as Harbor 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 ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP FOR CHRISTIAN C. COOL & JENNIFER K. COOL LN, 20160601000460270 GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH. VIRGINIA, " Scale. 1" = 20', dated October 11, 2021, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall hear ail costs and expenses of such removal. It is further express#y understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments- 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee wilf 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 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Christian C. Cool and Jennifer K. Cool, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: City Manager/Authorized Designee of the City Manager (SEAL) The foregoing instrument was acknowledged before me this day of 2Q2, 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. Notary Registration Number- My Commission Expires: _ (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 Notary Public (SEAL) 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. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 6 CHRISTIAN C. COOL, Owner JENNIF K. COOL, Owner STATE OF CiTY/COUNTY OF r- Gt CI, to -wit: The foregoing instrument was acknowledged before me this day ❑f 4*!r i , 202Zby Christian C Notary Registration Number: -1��Acm My Commission Expires: I\N4.v'y,) APPROVED AS TO CONTENTS I, __. ' �_b S N TURE _Pw W -- DEPARTMENT Cool and Jennifer K. Cool. 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM . A MEYER SENIOR CITY ATTORNEY (SEAL) a`�'1F,ALTN D�t Q �DA s+ rTLE Lp 'z o LPr. No. 383. OCn xonal " x q NOW OR FORMERLY DANIEL E. WILLIARD, Tl & MARY LOU WILLiARD I.N.20130329000362090 LOT 217 M.B. 48, PG. 15 GPIN: 240M9-8991 r� J 2313 LEEWARD SHORE DR. J EX COVER EX SHED HARBOR CPINP+L lc COLfN�' V1RGlNIA ALL CANALS VA DEDICATED AVE BNIA) pRIHCFSS pNNE VIRG -EX EDGE OF WATER UP TO `KQW CITY OF VIRG►1SIA BEACH, BULKHEAD AT TIME OF SURVEY FL SEE SHEET 2 FOR DETAIL qsEe_ BOAT UFT ii5.9b " W N 77.41 06 Ex VINYL IX LAMP BULKHEAD EX WOOD HOCK FLUSH WITH GROUND EX TOP OF BANK LOT 218 EX VINYL BULKHEAD NOW OR FORMERLY �LENTON W. SHANKS & MARGARET C. SHANKS D.B-1006, PG. 399 LOT 219 Z M.B. 48, PG- 15 - , GPIN: 2409-09-6947 0 2321 LEEWARD SHORE OR. 1 EX RATURAL 02317 GAS METER EX 2-STORY BRICK do FRAME v EX CAN AL co '0 4,. �..; 9� L=160' R=600r �Q�`,1,46a.`OR� Rai. LEEWARD SHORE DRIVE (50' RM) o> 5p M.B. 48, PG, 15 1, THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2- THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT EXHIBIT SHOWING EXISTING ENCROACHMENT REQUEST ONLY. VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & 3. THE PHYSICAL. FEATURES SHOWN WERE LAMP POST AND PROPOSED FIXED WOOD OBTAINED FROM A SITE PLAN PREPARED DOCK, TWO FLOATING WOOD DOCKS, VINYL BY WPL DATED AUGUST 9, 2011- BULKHEAD & ALUMINUM RAMP 0 40 80 POR 60=tom � CHRISTIAN C. COOL & JENNIFER K. COOL 1.N.20160601000460270 GALLUP GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO SURVEYORS & ENGINEERS M,B_ 48, PG, 15 323 FIRSTBE CH. VIRCOLONfGINIA IA 23 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX Scale: 1 "=40' 1 Date: OCT. 11, 2021 1 Sheet: 1 of 2 W Woo1. Christian &.lennOef - 2317 leeward Shore Onve\Dmw,ngsV1-44 Encroachmens dwg, 121 /Ml 3-2342 PM U ❑A � UTLER a l c. No. 38395 sSfaNAL OG Elf EDGE OF WATER UP TO BULKHEAD AT TIME OF SURVEY HARBaR CANAL ALL CANALS ANt4 BEEN DE,V RG� pR1NCE55 AId�E COLiNNCB• VIRG1t,tiA 1 (NOW Cif OF V1RGi1�iA6FA Fj_ EBB PROPOSED 10'x21.5' FLOATING WOOD DOCK PROPOSED 4'x12' ALUMINUM RAMP PROPOSED 5'x25' FLOATING WOOD DOCK r •• fyrff lIL �r��// 15.15 EX. WOOD DOCK Ex. LAMP FLUSH WITH GROUND 7.84'x 15,15' EX. 1.35'x82.61' VINYL BULKHEAD (TOP=3.7'±) NOW OR FORMERLY DANIEL E. WILLIARD, II & EX. VINYL 1 15 g 6' BULKHEAD 1.35'x 17.61' PROPOSE❑ 13'± PROPOSED VINYL BULKHEAD 5'x25' WOOD FIXED DOCK * REPAIR EX. VINYL BULKHEAD AS NEEDED MARY LOU WILLIARD EX. TOP I.N. 20130329000362090 OF BANK NOW OR FORMERLY LOT-217 LOT 218 CLENTON W, SHANKS & IM,B, 48, PG. 15) • MARGARET C. SHANKS - GPIW 240M9-8991 D,B,1006, PG, 399 2313 LEEWARD LOT-219 SHORE DR. (M.8. 48, PG. 15) r — GPIN:2409-05-6947 2321 LEEWARD SHORE DR. 7 . I EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD S ALUMINUM RAMP 0 20 40 FOR CHRISTIAN C. COOL & JENNIFER K. COOL E.N. 20160601000460270 GALLUP GPIN. 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO SURVEYORS S ENGINEERS M.B. 48, PG, 15 323 FIRST CH, VIRGICOLONIAL IA 23 VIRGINIA BEACH, VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132 (757)425-23W FAX Scale: 1"=20` Date: OCT, 11, 2021 1 Sheet: 2 of 2 W Wool. Christian & )enn"rfer - 2317 Leeward Shore ❑m %Drawmgs121-44 Er roacfiment dwg, 1211/ZC21 3.23.43 PM 2409-09-7975 n LEEWARD SHDRE OR i r Harbor CanalZZ k LOCATION MAP ENCROACHMENT REQUEST FOR CHRISTIAN C. COOL SPINDRIFT RD & JENNIFER K. COOL Legend` 2317 LEEWARD SHORE DRIVE r City Properties GPIN 2409-09-7975 ►R Feet 13 2409-09-7975 ' 0 50 100 200 .-_, __-.___'..-- .. Y %( Ar)rAPrniarlclAR(. FilatlArFrgnA MAPS,041.77R7' . / -� � •fir �� ••� `y[ y 14, 1 T - _ amps e- !. If , Mi IF r AN- 416ftq r FP Ag Idle A. leir tj Ali Nw .ddb mw e 4 . ry OL .19 ma's . •' { tr.. `a iaiil#i -imp a0 F j� + 'Mai ;�,. ;4��:' ,:�•�M - • _- _�� ram; fl.l �: ■ -: ao sG r it i } w r � i .� r�X � �� }ram: - f ��• Disclosure Statement X ID i'L-tn�i� VIP_ Deev�mfmt Owner Disclosure Owner Name Christian and Jennifer Cool Applicant Name Christian and Jennifer Cool Is the Owner a corporation, partnership, firm, business, trust or an urdncorporated business? ❑ Yes IN 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 )lst if necessary] Known Interest by Public Official or Em to ee 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 arsother corporation " See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. ' "Affiliated bu5inass entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a control!ing ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (M) 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. 5If Disclosure Statement r - flli 4 & Comm aity Owner Services Disclosure Z. 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 appiiration or any business operating or to be operated on the property? ■ Yes ❑ No ■ If yes, identify the financial institutions. Suntrust I Truist, TowneBank 2. Does the Owner have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No If yes, identity the real estate broker/reaIto r. 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 he operated on the property? ❑ Yes ■ No ■ if yes, identify the firm or individual providing the service. 4. Does the Owner have serViCes from an a rc hiltect/la n dsca pe 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 firrn or individual providing the service- 5. is there any other pending or proposed purchaser of the subject property? ❑ Yes ■ No ■ If yes, identify the purchaser and purchaser's service providers. 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 construction contractor - Colin Marine Construction LLC 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating at to be operated on the property? 0 Yes ❑ No • If yes, identify the engineer/surveyor/agent. Galup Surveyors & Engineers 61aa E;k)� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City property known as Lake Wesley, located at the rear of 569 Virginia Dare Drive MEETING DATE: June 7, 2022 ■ Background: Marguerite W. Dickerson (the "Applicant") desires to construct and maintain five (5) 12' wood guide pilings, a 6' x 26' floating wood dock, a 58-5" x 168" kayak launch, and to replace and maintain an existing 8' x 25' wood ramp with a 4' x 25' wood ramp and four (4) wood pilings, and relocate an existing 10' x 39.95' floating wood dock (collectively, the "Encroachments") in the City's property known as Lake Wesley (GPIN: 2427-29-6198). The Encroachments are located at rear of her property at 569 Virginia Dare Drive (GPIN: 2426-29-7352). A previous encroachment for the existing ramp, mooring pile and floating dock was approved on January 9, 2001 as Ordinance 2615T. ■ 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 Lake Wesley, which is where the Applicant requested to encroach. ■ Public Information: Public notice information will be provided via the normal Council agenda process. ■ Alternatives: Deny the Encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map R Disclosure Statement Recommended Action: Approval Submitting ❑epartent/Agency: Public Works/Real Estate City Manager: I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 LAKE WESLEY, LOCATED AT THE REAR OF 7 569 VIRGINIA DARE DRIVE 8 9 WHEREAS, Marguerite W. Dickerson (the "Applicant") desires to construct 10 and maintain five (5) 12' wood guide pilings, a 6' x 20' floating wood dock, a 58.5" x 168" 11 kayak launch, and to replace and maintain an existing 8' x 25' wood ramp with a 4' x 25' 12 wood ramp and four (4) wood pilings, and relocate an existing 10' x 39.95' floating wood 13 dock (collectively, the "Encroachments"), located at rear of her property at 569 Virginia 14 Dare Drive (GPIN; 2426-29-7352). The Encroachments would encroach into a portion of 15 City -owned property known as Lake Wesley (GPIN: 2427-20-6108); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns 26 and successors in title are authorized to construct and maintain the Encroachments into the 27 City's property, as shown on the exhibit entitled: "EXH;BiT A ENCROACHMENT EXHIBIT 28 SHOWING EX. FLOATING WOOD DOCK. WOOD PILINGS & WOOD RAMP AND PROP. 29 FLOATING WOOD DOCK, WOOD PILLINGS & KAYAK LAUNCH FOR MARGUERITE W. 30 DICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M.B. 37, PG, 11 31 CITY OF VIRGINIA BEACH, VIRGINIA," Scale of 1" = 20', dated April 19, 2021, and 32 prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit A 33 and on file in the Department of Public Works and to which reference is made for a more 34 particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the agreement between the City of 38 Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Marguerite W. Dickerson and the City Manager or his authorized designee 47 execute the Agreement. 48 49 Adapted by the Council of the City of Virginia Beach, Virginia, on the 50 day of 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BLIC WOFIKS, REAL ESTATEYER 4W~SE It�R CITY ATTORNEY CA15400 R-1 Prepared: 5/15122 llvbgov.comWfs 1 lappiicationslcityIawlcycom321wpdocsld0031p041 \00801291.doc 2 LAKE WRaSrAN Epr ro�, �� vAa BEACH CI PG. 11 M 8 37, 7 20 .6108 GP w❑oo pivNc AL CAR WjM Q a � � Ol° APPROXIMATE a v g MLW LINE co ors REVISED DREAGING UMA1TS (I�.B. 126. PG, 53) NOW OR FORMERLY TIMOTHY D. MOODY I.N. 200408190132192 LOT 16, PART OF CROATAN BEACH M,B. 37, PG, 11 GPIN; 2426-29-7201 R= 938.37%�'� L= 1 D.D0' R=938.37' SEE SHEET 2 FOR DETAIL i O' VIRGINIA DARE DRIVE (50' R/W) FORMERLY SECOTAN ROAD MB 37 PG 11 0 30 60 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)42Ml32 (757)425-2390 FAX — (TIE LINE BASED ON LOW WATER LINE AS SHOWN ON -RESUBDMSION OF PART OF CROATAN BEACH', JUN£, 1954) (LCB. 37, PG. 11) r APPROXIMATE MLw UNE o EDG rn IR RVASED 53) �M8• , s - -'1 -D.H. (F) PIN FOUND 0.4' OUT APPROXIMATE TOP OF BANK NOW OR FORMERLY WALTER C. BARCO, TRUSTEE OF THE WALTE:R C. BARCO LIVING TRUST I.H. 2015012TOO 052880 LOT 18, PART OF CROATAN BEACH M.B. 37, PG, 11 GP& 2426-29-7471 il!� D�,L a " DA $[�. UTLER c. No. 38395 k'4 SIN sue_ NAL r-AME3IT A ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH FOR MARGUERITE W_ ❑ICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M.B. 37, PG- 11 CITY OF VIRGINIA BEACH, VIRGINIA Scale: V=34' 1 Date: APRIL 19, 2021 E Sheet 1 of 2 W-NDn. Margu or, Ie-569 V,,qw a Dare Orme%ncroachm ent Exhibit\20-90 Encrpachment.d wg. 3124120U 1:29735 13M 1- THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 3. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. PROPOSED 6'x20' I5I PROPOSED REPLACE —emu" '' nAX6 VVESLEFY FLOATING DOCK BOLTED 12' WOOD EX. 8'x25' RAMP MERZY CROA9�CH TO EX. FLOATING FILING WITH WITH 4'x25' RAMP FAR GITy OF VA 11 DOCK 15' IIEVEL� 37- PG - RELOCATE M 82A2y 2D-6108 EX.10'x39.95' GPIN: 111 FLOATING DOCK q D o EX. FLOATING - 39. a q �� i 901E WOODEN [HICK IL , IX. WOOD PILING W/METAL CAP (4) TYPICAL LOT 16 u-a. 37, PG. I i (SEE SHEET 1) 0 20 40 GALLUP SURVEYORS S ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 [757j42"132 (757)425-2390 FAX �*1SNLTH Olp'1 � r r— EXHIBITA ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS S KAYAK LAUNCH FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M.B. 37, PG, 11 CITY OF VIRGINIA BEACH. VIRGINIA Scale: 1"=20' 1 Date: APRIL 19, 2021 1 Sheet: 2 of 2 W.1P,ckerson. Marguerite-S69 Virginia Dare Drive\En[roatnment E:AlbitVO-90 Enc+aa[r,mer,l.awg, 3/24/2022 1:29.35 PM 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 2022. by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARGUERITE W. DICKERSON, HER 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 17." as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE CO, VA," Scale- 1" = 100', dated June of 1954, prepared by C.A. Bamforth, CLS, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 569 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain five (5) 12' wood guide pilings, a 6' x 20' floating wood dock, a 58 5" x 168" kayak launch, and to replace and maintain an existing 8' x 25' wood ramp with a 4' x 25' wood ramp and four (4) wood pilings, and relocate an existing 10' x 39.95' Floating wood dock, coliectiveiy, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs. 2427-20-6108 (CITY PROPERTY KNOWN AS LAKE WESLEY) 2426-29-7352 (569 Virginia Dare 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 Lake Wesley. formerly known as Croatan Bay. 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 consisting of two (2) pages entitled "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PiLLINGS & KAYAK LAUNCH FOR MARGUERITE W. ❑ICKERSON LOT 17, PART OF CROATAN BEACH GPiN: 2426-29-7352 M.B. 37, PG. 11 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 30', dated April 19, 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 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 przor 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, andlor 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 4 ($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, Marguerite W. Dickerson, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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 2022, by , CITY MANAGE RIAUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. 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: (SEAL) The foregoing instrument was acknowledged before me this day of 2022, 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. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) MARG ERITE W. ❑ICKERSON STATE OF l CITYIC0UNTY F a R;TCC0 to -wit: The foregoing instrument was acknowledged before me this day of 2022, by Marguerite W. Dickerson. Notary Registration Number' M9eq_�� My Commission Expires: M)a31 APPROVED AS TO CONTENTS I P B IC WO S — REAL ESTATE ASH-4RENEE HARGROVE Notary Public Commonwealth of Virginia Registration # 7770977 My Cnmmess+on Expires May 31.2022 I was commissioned a notary public as Ashley Renee Hargrove. APPROVED AS TO LEGAL SUFFICIENCY AND FORM EVER SEMOR CITY ATTORNEY 5U- IsLEy LAKE ClATAN 1Ar F0RM�F j,4 f3E H cl M. f3" 108 2427-20- G CAP w lµ� C) APPROMMATE a OS MLW UNE c6 w -ig REVISED DREDQNG UMFS (M•B. 126, PG. 53) NOW OR FORMERLY TIMOTHY D. MOODY I.N. 200408190132192 LOT 16, PART OF CROATAN BEACH M.B. 37, PG. 11 GPIN: 2426-29-7201 Q0� L=1 O.00' R=938.37' SEE SHEET 2 FOR DETAIL — (TIE UNE BASED ON LOW WATER UNE AS SHOWN ON 'RESUBDMSION OF PART OF CROATAN BEACH', JUNE, 1954) (M.B. 37, PG. 1 1 ) r APPROXIMATE MLW UNE 0 �I aV'�DG LG 5> �_ R��Cg 1i6 pG• 3) DUA4. 'IN FOUND 0.4' OUT APPROXIMATE TOP OF BANK NOW OR FORMERLY WALTER C. BARCO, TRUSTEE OF THE WALTER C. BARCO LIVING TRUST I.N. 20150121000052880 LOT 18, PART OF CROATAN BEACH M.B. 37, PG. 11 GPIN: 2426-29-7471 VIRGINIA DARE DRIVE (54' R/W) FORMERLY SECOTAN ROAD M.B. 37• PG. 11 EXHIBIT A 0 30 60 GALLUP SURVEYORS &. ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH FOR MARGUERITE W. ❑ICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M. B. 37, PG. 11 CITY OF VIRGINIA BEACH, VIRGINIA Scale: 1"=30' J Dates APRIL 19. 2021 1 Sheet: 1 of 2 W:IOicke mom, Margu er 0-S69 Virginia pare 0bvaVncroachment ExNbit90-90 Encraa[hme nt.dwg. 3R412022 1!29:35 PM 1. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, 3, THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. Y PROPOSED 6'x20' (5) PROPOSED REPLACE ` �`"' , A f{E ��TA�BAY FLOATING DOCK BOLTED 12' WOOD >`}(. 8'x25' RAMP ERL OF � . SFACN TO EX. FLOATING 160PILING VVIT�11� BEVI WITH 4'x25' RAMP FC CITY OF 37. P� 11 DOCK RELOCATE �p1.B 42r.20-s 08 EX. 1 Q'x39.95' rJ� 24 FLOATING DOCK D EX. FLOATING �9. o �—a � S�� o�� A WOODEN DOCK _ J, EX. WOOD PILING W/MFfAL CAP (4) TYPICAL 2 Z a a a a 3 L LOT 16 ALB. 37, PG. 11 (SEE SHEET 1) sr n ND ,rn , x5 �I 0 < s O p Q o� C6 - Q 0 Q �n it c� w �j 43.E O o 1�1 �O. b pRE)?kk� V" LOT 1$ PROPOSED oi. 3 W.$. 37. PG. 11 (SEE SHEET 1) 58.5"x168" col a KAYAK LAUNCH Ln LOT 17 '- I.N.20160623D00537970 z coNCR R.H. (F) Kati a� PIN (F) DECK DECK 0 20 40 GALLUP SURVEYORS S ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX co+s 5c bev�H 1�PV'Ropwt GF B� — RAMP DECK WALL RAMP DECK ,1F,ALT7� U'�,L 38395 2� S�ONA L EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAH BEACH GPIN: 2426-29-7352 M.B. 37, PG, 11 CITY OF VIRGINIA BEACH. VIRGINIA Scale: 1"=20' f Date: APRIL 19, 2021 j Sheet: 2 of 2 WADicke,wn, Marguerite-554 Virgima bare OrivKntroa&r"ent ExNbiNO-90 EncroachmentAwg, 3/24/2022 7:28;$ FM u LLU Psjjmr--'�_W-' .- r T 114�1 il. -tip air lrT7,4" ti,, k . s' ti .. V A .7. fir-Jv low- 4 zool u%ft LL' a Ad I Ilk, m I lit, nice: MA; 7-- kCS r—.,Wow Fs �+ M - •� jw, u iI1 1! . " --�I� '- T 1Ulu I_1 II _-- — {.+'— 1 "V'1. 1".1 17 nil Pk Jr I 6I - r _ i I-car..�.L.�, NORFOLKAV La Disclosure Statement OrY+ij'rvfi—Ame1 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 Marguerite W. Dickerson Does the applicant have a representative? ❑ Yes K No • If yes, list the name of the representative. Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers, directors, members, trustees, etc, below. (Attach a list if necessary) If yes, list the businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant. (Attach a list If necessary) '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 j 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, (H) a controlling owner in one entity is a€so a controlling owner in the other entity, or (iH) 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 ar assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Revised 11.09.2020 11 p a g e IL Disclosure Statement Known Interest by Public Official or Employee W Planning & Community k. Development 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 M 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, crass-collateralixation, 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. Sun7rust Bank 2. Does the applicant have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 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. Baldwin and Associates 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? a Yes ❑ No ■ If yes, identifythe firm and individual providing the service. Gallup Surveyors 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes, identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement Planning & Communih, Development 5. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No ■ If yes, identify the 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? W Yes ❑ No ■ If yes, identify the firm and individual providing the service. Gallup Surveyors 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 Corn mission, City Council, VBDA, CB PA, Wetlands Board or any public body or committee in connection with this application. W.az!� Applicant Signature Jr Marguerite W. Dickerson Print Name and Title May 23, 2D22 Date Is the applicant also the owner of the subject property? H Yes ❑ No • If yes, you do not need to fill out the owner disclosure statement. 3 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Rename the Bikeways and Trails Advisory Committee as the Active Transportation Advisory Committee and to Revise the Committee's Composition and Mission MEETING DATE: June 7, 2022 ■ Background: On February 16, 2021, the City Council adopted the Active Transportation Plan (the "Plan"), updating and replacing the Bikeways and Trails Plan adopted on April 26, 2011, which superseded the Bikeways and Trails Plan adopted on October 12, 2004 (which is also the date on which the Council created the Bikeways and Trails Advisory Committee (the "BTAC")). The Council is committed to effectively implementing the Plan. Input from citizens, the active transportation community and other parties interested in implementation of the Plan will greatly assist the Council in determining the appropriate course of action to take. ■ Considerations: This resolution renames the previously established BTAC as the Active Transportation Advisory Committee (the "ATAC"). The ATAC will be comprised of nine members who are residents of Virginia Beach with diverse geographical representation and active transportation interests as defined in the Plan, and the members shall serve for terms of three years. (The BTAC membership currently consists of four citizen members and four members from the bicycle and trails community). The resolution provides that two high school students be appointed to participate in a non -voting capacity for one-year terms on a fiscal year basis. One member each from the Virginia Beach City Council, Planning Commission, and Parks and Recreation Commission would serve as non -voting members to the ATAC. The resolution also provides that a quorum of the ATAC shall be a majority of then -appointed voting members, but no less than three, and excluding the student members and the other non- voting members. The mission of the ATAC as set forth in the resolution is similar to that of the BTAC, with updated references to the Plan and explicit reference to the need for the ATP to work with non-profit and private sector entities, in addition to civic leagues and interested citizens. The BTAC, by unanimous vote on April 11, 2022, recommends these changes to the City Council. ■ Public Information: These changes were discussed during a public briefing to the City Council on May 10, 2022. Public information will be provided through the normal Council agenda process. ■ Recommendations: Approval ■ Attachments: Resolution Recommended Action: Approval Submitting DepartmentlAgency: ,e1Z City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION TO RENAME THE BIKEWAYS AND TRAILS ADVISORY COMMITTEE AS THE ACTIVE TRANSPORTATION ADVISORY COMMITTEE AND TO REVISE THE COMMITTEE'S COMPOSITION AND MISSION WHEREAS, the City Council on February 16, 2021, adopted the Active Transportation Plan (the "Plan") for the City of Virginia Beach, updating and replacing the 2011 Bikeways and Trails Plan, and the Council is committed to effectively implementing the Plan; and WHEREAS, input from citizens, the active transportation community and other parties interested in implementation of the Plan will greatly assist the Council in determining the appropriate course of action to take with respect to such implementation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby renames the previously established Bikeways and Trails Advisory Committee (the "BTAC") as the Active Transportation Advisory Committee (the "ATAC"). 2. That the ATAC shall be comprised of nine members who are residents of Virginia Beach with diverse geographical representation and active transportation interests as defined in the Plan. 3. That the terms of all such members shall be for three (3) years. 4. That two high school students shall be appointed to participate in a non -voting capacity for one-year terms on a fiscal year basis, beginning July 1st and ending June 30t" of the following year. 5. That one member each from the Virginia Beach City Council, Planning Commission, and Parks and Recreation Commission shall serve as non -voting members of the ATAC. 6. That a quorum of the ATAC shall be defined as a majority of then -appointed voting members, but no less than three, and excluding the student members and the other non -voting members. 7. That the mission of the ATAC shall be to serve in an advisory capacity to City Council with respect to the implementation and coordination of the Active Transportation Plan (ATP) and to coordinate the timely construction of active transportation facilities in accordance with the priorities established by the ATP, to promote a balanced approach between and among various users' interests in the City, and to provide a forum for continued citizen and governmental input in the 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 planning and programming of future active transportation facilities. Specifically, the ATAC shall be charged with the following duties and responsibilities: a. Work with local civic groups, interested citizens, non-profit and private sector entities to develop secondary network priorities, linkages, and potential new corridors, b. Work with City staff to review road construction projects to ensure that all roads and bridges, where part of the primary or secondary networks, are constructed, improved or maintained in a manner consistent with the Active Transportation Plan, c. Work with City staff to review the City's Development Ordinances and recommend revisions in consultation with City staff to encourage active transportation related accommodations; d. Identify potential funding sources for proposed projects through various private, local, state and federal programs; e. Provide a forum for direct citizen input in the planning of future active transportation facilities; and f. Focus efforts on achieving completion of the priority projects as identified in the Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Parks and Recreation CA 15845 R-2 May 27, 2022 I City Attorney's Office s y.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,800,000 of Fund Balance from the General Fund and to Authorize Repayment of such funds to the Commonwealth of Virginia MEETING DATE: June 7, 2022 ■ Background: The City of Virginia Beach was awarded a $1,800,000 pass -through grant from the Commonwealth's Development Opportunity Fund (COF) for the benefit of Global Technical Systems (Management Services Group, Inc./Owl Creek Energy LLC). The COF is a fund that may be used at the Governor's discretion to secure a company location or expansion in Virginia. The COF provides funding to a locality, and the locality provides funds to its development authority. This award was accepted and appropriated by the City Council on January 15, 2019. The COF award was based on the company's desire to locate its North American headquarters and manufacturing operations in Virginia Beach. The company was to make capital investments in the City of at least $54,700,000 and to create and maintain at least 1,100 new jobs in the City at an average annual wage of $73,372 as of the COF's Performance Date of June 30, 2022. The COF Performance Agreement is attached for reference. The company has informed the City and the Virginia Economic Development Partnership that it will be unable to reach its performance metrics and wishes to forfeit the grant. Accordingly, the entire $1,800,000 COF grant must be returned to the Commonwealth. ■ Considerations: Although appropriated in January 2019, the City has held the funds in its restricted fund balance pending notification from the City of Virginia Beach Development Authority that the performance metrics have been met. These metrics will not be met by the COF's Performance Date. Therefore, the attached ordinance re - appropriates the $1.8 million and authorizes repayment to the Commonwealth. This action will not impact the City's calculation of unrestricted fund balance because the amounts were designated as restricted and reported as restricted in the City's Annual Financial Report. ■ Public Information: Normal City Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; COF Performance Agreement; Letter from Virginia Economic Development Partnership to the City of Virginia Beach; Letter from GTS Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager/&� 1 AN ORDINANCE TO APPROPRIATE $1,800,000 OF 2 FUND BALANCE FROM THE GENERAL FUND AND 3 TO AUTHORIZE REPAYMENT OF SUCH FUNDS TO 4 THE COMMONWEALTH OF VIRGINIA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,800,000 of General Fund Fund Balance is hereby appropriated to the FY 2021- 10 22 Operating Budget of the Department of Economic Development and such funds are to 11 be used to repay the Commonwealth of Virginia for a Commonwealth Development 12 Opportunity Fund grant provided in FY 2018-19. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City tta y's Office CAI 5834 R-1 May 25, 2022 COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (this "Agreement") made and entered this day of , 2018, by and among the CITY OF'N'IRGINIA BEACH, VIRGINIA (the "Locality"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), MANAGEMENT SERVICES GROUP, INC., a Virginia corporation, and its affiliated companies, including without limitation, OWL CREEK ENERGY LLC, a Virginia limited liability company (collectively, the "Company"), the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (the "Authority"), a political subdivision of the Commonwealth, and the VrRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY ("VEDP" ], a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $1,800,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant") through VEDP for the purpose of inducing the Company to construct a new building and equip and operate a manufacturing and distribution facility in the Locality (the "Facility"). thereby making, a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority, the Company, and VEDP desire to set forth their understanding and agreement as to the payout of the COF Grant, the use of the COF Grant proceeds, the obligations of the Company regarding Capital Investment and New Jobs, and the repayment by the Company of all or part of the COF Grant under certain circumstances; WHEREAS, the construction, equipping, and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $54,700,000, of which approximately $21,500,000 will be invested in machinery and tools, approximately $6,200,000 will be ingested in furniture, fixtures and equipment, and approximately $27,000,000 will be invested in the construction of a new building; WHEREAS, the Company is purchasing a parcel of real property from the Authority which will result in the return of the property to the tax rolls (the "Land Purchase"); WHEREAS, the construction, equipping, and operation of the Facility will further entail the creation and Maintenance of 1,1 10 New Jobs at the Facility; and GT'S COF Performance Agreement WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the COF Grant; NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section I. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility. The purchase or lease of machinery and tools or furniture, fixtures, and equipment, including under an operating lease, by or on behalf of the Company wi11 qualify as Capital Investment. The Capital Investment must be in addition to the capital improvements at the Facility as of January 1, 2018. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. "New .lob" means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $73,372. Average annual wage means the average annual salary of full-time positions at the Facility determined by dividing total payroll (of a type included in W-2 compensation) provided to full-time positions at the Facility by the number of full-time positions at the Facility. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations. which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth. and positions with construction contractors, vendors, suppliers and similar multiplier or spin--offjobs shall not qualify as New Jobs. Net new jobs in the Commonwealth for contractors or employees of contractors who provide dedicated full-time service to the Company may count as New Jobs, even though the Company is not directly paying the wages or providing the fringe benefits, if the other conditions set forth in this paragraph have been satisfied. The New Jobs must be in addition to the 47 full-time jobs existing elsewhere in the Locality as of January 1, 2018; none of these johs will be impacted or moved as a result of the Facility. 2 GT5 COF Performance Agreement "Performance Date" means June 30, 2022. If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality may request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Board of Directors of VEDP (the "Board"). If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. "Targets" means the Company's obligations to make Capital Investments at the Facility of at least $54,700,000 and to create and Maintain at least 1,100 New Jobs at the Facility, all as of the Performance Date. "Virginia Code" means the Code of Virginia of 1950, as amended. Section 2. Tar ets: Statutory Criteria. (a) Targets: The Company will construct, equip, and operate the Facility in the Locality, make a Capital Investment of at least $54,700,000, and LTeate and Maintain at [east 1,100 New Jobs at the Facility, all as of the Performance Date. (h) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality, the Authority, and VEDP hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. (c) Prevailing Wage,- Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $73,372 is more than the prevailing average annual wage in the Locality of $41,862. The Locality is not a high -unemployment locality, with an unemployment rate for 2017, which is the last year for which such data is available, of 3.69I6 as compared to the 2017 statewide unemployment rate of 3.8%. The Locality is not a high -poverty locality, with a poverty rate for 2016, which is the last year for which such data is available, of 8.3% as compared to the 2016 statewide poverty rate of 11.0%. (d) Disclosure ofPolirical Contributions; The Company acknowledges that the namc of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Performance Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Company's 3 GTS COF Performance Agreement application for the COF Grant through the one-year period immediately after the date of this Agreement. Section 3. Disbursement of COF Grant. (a) Disbursement of the COF Grant: By execution and delivery of this Agreement, the Locality requests that the COF Grant be disbursed to it. VEDP will promptly arrange for the payment of the $1,800,000 COF Grant to the Locality. The disbursement of the COF Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets. Tate COF Grant proceeds shall be retained by the Locality and shall be disbursed in two payments as follows: First Payment: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that the Company has made Capital investments of at least S42,100,000 and created and Maintained at least 309 New Jobs, Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse S900,000 of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company. Second Payment: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that the Company has made additional Capital Investments of at least $12,600,000 (for an aggregate of $54,700,000 of Capital Investments) and created and Maintained at least an additional 801 New Jobs (for an aggregate of 1,100 New Jobs). Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse S900,000 of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company. If any COF Grant proceeds have not been disbursed to the Company within 90 days after the Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the Commonwealth's Development Opportunity Fund. (b) Use of the COF Grant Proceeds: The Company will use the COF Grant proceeds to pay or reimburse the cost of site development and construction of a privately owned building for the Facility, as permitted by Section 2.2-115(D) of the Virginia Code. Section 4. Break -Even Point; State and Local Incentives. 4 GTS COF Performance Agreement (a) state -Level Incentives: VEDP has estimated that the Commonwealth will reach its "break-even point" by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on discretionary incentives, including but not limited to the COF Grant. With regard to the Facility, the Commonwealth expects to provide discretionary incentives in the following amounts: CatMory of Incentive: Total Amount COF Grant S1,800,000 Virginia Jobs Investment Program (` WIP") (Estimated) 777,000 Virginia Investment Performance Grant ("VIP Grant") 3,000,000 The proceeds of the COF Grant shall be used for the purposes described in Section 3(b), The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the VIP Grant may be used by the Company for any lawful purpose. (b) Localio-Level Incentives: The Locality and the Authority expect to provide the following incentives, as matching grants or otherwise, for the Facility by the Performance Date: Categor- of Incentive: Local Grant Land Purchase Credit (Not to Exceed) Total Amount $1,800,000 476,000 If by the Performance Date, the proceeds of the Local Grant and the value of the Land Purchase Credit disbursed or committed to be disbursed by the Locality to the Company total less than the S1,800,000 COF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference at the Performance Date, so long as the Company has met its Targets. The proceeds of the Local Grant shall be used by the Company for Ne,,;, Jobs and Capital Investment. The use of the Local Grant shall be governed by a recapture agreement between the Authority and the Company. The Land Purchase Credit shall reflect cost savings to the Company. The Land Purchase Credit shall be based on actual costs incurred by the Company and related to the Facility for sewer upgrades, water and sewer tap fees, wetlands mitigation, stormwater mitigation, and other permit and inspection fees_ The terms of the Land Purchase Credit are set forth in the purchase agreement between the Authority and the Company documenting the Land Purchase. (c) Other Incentives: This Agreement relates solely to the COF Grant. The qualification for, and payment of all State -Level Incentives and Locality -Level Incentives, except 5 GTS Cat= Performance Agreement for the COF Grant, will be governed by separate arrangements between the Company and the entities offering the other incentives. Section 5. CorrtpanN Reporting. (a) Progress Reporring; The Company shall provide, at the Company's expense, in the form attached hereto as Exhibit A, detailed verification reasonably satisfactory to the Locality; the Authority, and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at September 30, 2019, and covering the period through the prior June 30. Further, the Company shall provide such progress reports at such other times as the Locality, the Authority, or VEDP may reasonably require_ If the Company wishes to count as New .lobs employees of contractors, to the extent permitted in the definition of "New lobs" in Section I, the Company is responsible for assembling and distributing the documentation necessary to verify such New Jobs, including whether such jobs are net New ,Fobs in the Commonwealth. With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax or, as applicable, shall provide to VEDP a copy of its Virginia income tax form filed with respect to its status as a pass - through entity. VEDP hereby represents to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. (b) Final Report: The Company shall provide, at the Company's expense, in the fonn attached hereto as Exhibit B, detailed verification reasonably satisfactory to the Locality, the Authority, and VEDP of the Company's achievement of the Targets. The final report shall be filed within 90 days of the Performance Date. Section 6. Verification of Tamp ets. (a) Y'erification of Capital Investment, The Company hereby authorizes the Locality, including the Locality's Commissioner of the Revenue and Treasurer, to release to VEDP the Company's real estate tag:, business personal property taxi and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality, the Authority, or VEDP may request. In accordance with Virginia Code Section 58.1-3122.3, VEDP is entitled to receive the Company's real estate tax. business personal property tax and machinery and tools tax inibrrnation from the Locality's Commissioner of the Revenue. 6 GTS COF Performance Agmemml In addition to the verification data described above, in the sole discretion of the Locality, the Authority, or VEDP, the Locality, the Authority, or VEDP, may each require such other documentation, including invoices, or audits as may be required to properly verify the Capital Investment. (b) Verification of Nov Jobs and Mages: The Company must submit a copy of its four most recent Employer's Quarterly Tax Report (Form FC-20) with the Virginia Employment Commission with the final report. The forms shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the New Jobs Target. In accordance with Virginia Cade Section 60.2-114, VEDP is entitled to receive the Company's employment level and wage information from the Virginia Employment Commission. The Company agrees that it will report to the Virginia Employment Commission with respect to its employees at a facility -level, rather than at the company -level. In addition to the verification data described above, in the sole discretion of the Locality, the Authority, or VEDP, the Locality, the Authority or VEDP, may each require such other documentation or audits as may be required to properly verify the New Jobs. Section 7. Rei)avment Oblivation. (a) If Statutory Minimum Eligibility Requirements are Not Met: Section 2.2-1 15 of the Virginia Code requires that the Company make a Capital Investment of at least $5,000,000 and create and Maintain at least 50 New Jobs in order to be eligible for the COF Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the Company must repay to the Authority all of the COF Grant proceeds previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. (b) Allocation of COF Proceeds: For purposes of repayment under subsection (c), the COF Grant is to be allocated as 50 /'v ($900,000) for the Company's Capital Investment Target, and 50% ($900,000) for the Company's New Jobs Target. (c) If Statutory Minimum Eligibility Requirements are Met: The provisions of this subsection (c) shall become applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a). If the Company has met at least 90% of both of the Targets at the Performance Date, then and thereafter- the Company is no Ionger obligated to repay any portion the COF Grant_ if the Company has not met at least 90% of either or both of its Targets as of the Performance Date, the Company shall repay to the Authority that part of the COF Grant previously disbursed to the Company that is proportional to the Target or Targets for which there 7 GTS COF Performance Agreement is a shortfall. For example, if as of the Performance Date, the Company has received all $It800,000 of the COF Grant proceeds, but only $41,025,000 of the Capital Investment has been retained (reflecting achievement of 75% of the Capital Investment Target), and only 777 New Jobs have been created and Maintained (reflecting achievement of 701/o of the New Jobs Target), the Company shall repay to the Authority $225,000, reflecting 25% of the COF Grant proceeds that it received allocated to the Capital Investment Target, plus $270,000, reflecting 30% of the COF Grant proceeds that it received allocated to the New Jobs Target. These amounts represent the percentages of the shortfall from the expected amount of Capital Investment and expected number of New Jobs, each multiplied by the portion of the COF Grant proceeds that the Company received allocated to that Target. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. (d) Determination of Inability to Comply: If the Locality or VEDP shall determine at any time prior to the Performance Date (a "Determination Date") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority all of the COF Grant proceeds previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Companv will be unable or is unwilling to satisfy the Targets for the COF Grant. (e) Repayment: The Company shall be liable for any repayment of all or a portion of the COF Grant, as described in this Section 7. Such repayment shall be clue from the Companv to the Authority within nirtetJ+ (90) deWs of the Performance Date or the Determination Date, as applicable. Any moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth's Development Opportunity Fund, The Locality and the Authority shall use their hest efforts to recover such funds, including legal action for breach of this Agreement. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums payable by the Company hereunder unless said sums have been received by the Authority from the Company. (f) Failure to Repay: If any repayment due pursuant to this Section 7 is not made by the Company when due, the Board of Directors of VEDP (the "Board") may determine that further collection action is required. and the Board may refer the matter to the Office of the Attomey General (the "DAG") for collection pursuant to Section 2.2-518 of the Virginia Code. hn such event, by their signatures below, the Locality and the Authority will be deemed to have assigned to the Commonwealth all of their rights, title and interest in and to this Section 7. In any matter referred to the OAG for collection, the Company shall be liable to pay interest, administrative charges, attorney fees and other applicable fees. Interest on any outstanding repayment referred to the DAG shall accrue at the rate set forth in Section 6.2-301 A. of the Virginia Cade (currently 0 GT5 COO Performance Agreement 6.0% per year) for the period from the Performance Date or the Determination Date, as applicable. until paid. Section 8. Notices. Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (ill) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Company, to - Management Services Group, Inc. 784 Lynnhaven Parkway Virginia Beach, Virginia 23452 Email: yusun.spitzer@gts.us.com Attention: Yusun Spitzer, President if to the Locality, to: City of Virginia Beach, Virginia 2401 Courthouse Drive Virginia Beach, Virginia 23456 Facsimile: 757-427-5626 Email: dhansen@vbgov.com Attention: David Hansen, City Manager if to the Authority, to: City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, Virginia 23462 Facsimile: 757-499-9894 Email: wharris@vbgov.com Attention: Warren D, Hams, Director �j GTS COF Performance Agreement with a copy to: Management Services Group, Inc. 784 Lynnhaven Parkway Virginia Beach, Virginia 23452 Email: terry.spitzer@gts.us.com Attention: Terry Spitzer with a copy to: City of Virginia Beach, Virginia 2401 Courthouse Drive Virginia Beach, Virginia 23456 Facsimile: 757-385-1167 Email: mstiles@vbgov.com Attention: Mark Stiles, City Attorney with a copy to: City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, Virginia 23462 Facsimile: 757-499-9894 Email.: lssaid@vbgov.com Attention: Chair if to VEDP, to: Virginia Economic Development Partnership One James Center, Suite 900 901 Fast Cary Street Richmond, Virginia 23219 Facsimile: 804.545.561 1 Email: moret@vedp.org Attention: President and CEO Section S. NUscellaneous. with a copy to: Virginia Economic Development Partnership One James Center, Suite 900 901 East Cary Street Richmond, Virginia 23219 Facsimile: 804-545.5611 Email: smcninch@vedp.org Attention: General Counsel (a) Entire Agreem ent; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b) Governing Law, Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall Iie in the Circuit Court of the City of Richmond, and such Iitigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument, (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney's Fees. Except as provided in Section 7(f), attorney's fees shall be paid by the party incurring such fees. [THE REN AINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI 10 GT5 CCF Performance Agreement IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF VIRGINIA REACH, VIRGINIA Approved as to Content: By ,/ z a- r w. ,� — • Name: K0AQ1 j �A� iG�r` Title: DV. G.t f" Date: Dept. of Eoonomic Development Approved as to Legal Sufficiency: Cityorney_:1 Exhibit A: Annual Progress Report Form Exhibit B: Final Report Form GTS COF Peffomaance Agr=nesnt CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By e: o �f►y L • 00 Title: C h oti Y Date: Cl- lZ.- 10 MANAGEMENT SERVICES GROUP, INC. By Name: Title: Date: VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Title: Date: 11 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF VIRGINIA BEACH, VIRGINIA By Name: Title: Date: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Name: Title: Date: MANAGEMENT SERVICES GROUP, INC. By Na .�.• Title: rez► d Date: I I VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Title: CQ 5 a G a Date: b °� - Z$ - 1$ Exhibit A: Annual Progress Report Form Exhibit B: Final Report Form 11 OT5 COF Performance Agrcement April 7, 2022 Mr, Taylor Adams Director of Economic Development City of Virginia Beach 4525 Main Street, Suite 700 Virginia Beach, Virginia 23452 Dear Taylor; The City of Virginia Beach was awarded a $1,800,000 grant from the Commonwealth's Opportunity Fund (COF) in 2017 for the benefit of Global Technical Systems (Management Services Group, Inc,/Owl Creek Energy LLC) based on the company's promise to make capital investments in the City of at least $54,700,000 and to create and maintain at least 1,100 new jobs in the City at an average annual wage of $73.372 as of the Performance Date of June 30, 2022. The statutory minimum eligibility requirements for this COF grant are a $5,000,000 investment and the creation of 50 new jobs. Failure by the Company to meet either of these statutory minimums by the Performance Date requires that the entire COF grant be returned. The company has informed VEDP that it will be unable to reach its performance metrics and wishes to forfeitthe COF grant; thus, the entire $1,800,000 grant must be returned to the Commonwealth, 4t is our understanding that the City holds the full grant amount. The repayment will be due within 90 days, or July 7, 2022. The check should be made payable to the "Treasurer of Virginia" and returned to the attention of Kim Ellett (Virginia Economic Development Partnership, 901 East Cary Street, Suite 900, Richmond. VA 23219). Attached is a W-9 should it be required for the repayment. Alternately, the funds may be wired to the Commonwealth. Attached are wiring instructions should that be the preferred method. If the latter method is selected, please notify Kim at kellett@vedp,org when the funds are transmitted so we can ensure they are placed in the proper account. Global Technical Systems also received a $3,000,000 grant from the Virginia Investment Partnership, for which a performance agreement was never executed. The company has notified the City of Virginia Beach that it also wishes to forego this grant. We wish Global Technical Systems every continued success with its Virginia Beach facility. if you have any questions regarding this repayment, you can reach me at 804-545-5727 Sincerely, Jordan H. Snelling Vice President, Incentives JHS*.kme Attachments cc Ray White, Business Development Manager, Virginia Beach Economic Development Kim Ellett, Director of Compliance, VEDP 9o1 E. Cary Street -Suite 901) Richmond, Virginia 23219 VEDRorg GTS Corporate HQ Campus 421 S. Birdneck Road Virginia Beach, VA 23451 Tele: (757) 468-8751 hU:J/gts.us.com 26 May 2022 Mr. Ray White VB Economic Development 4525 Main St Virginia Beach, VA 23462 Dear Mr. White, Thank you for reaching out to discuss the Virginia Economic Development Incentive Grant (VEDIG) that was awarded to GTS, in 2017. We are proud to inform you that during our time proceeding the award, we have met and exceeded the capital expenditure requirements in our VEDIG. We have constructed a world class advanced manufacturing facility, which expands Virginia Beach's portfolio of emerging high-tech companies. A once neglected parcel of land, with years of illegal dumping, (previously the Owls Creek Municipal Golf Course) is now home to GTS's new corporate headquarters. The distinguished building located at 421 S. Birdneck Road, is a nationally accredited corporate campus, located less than 1.5 miles from the Oceanfront. GTS has taken several efforts to clean up and preserve the former site, clearing away more than 1,600 cubic yards of debris and waste. This massive undertaking was successfully restored and now recognized as one of the most pristine coastal ecosystems in Virginia Beach. Most importantly, it serves as a model as to how industry and environment can thrive together. The 1 I8-acre campus emanates robust wildlife to include species such as deer, bald eagles, osprey, bobcats and coyotes. In 2017, we had a very ambitious growth goal, regarding the number of employees we planned to hire. Despite our best efforts, we fell short of our employment target. This was mainly due to the unprecedented effects of the pandemic. We like many other businesses across the country, had to pivot our business structure and ultimately adjust to this new normal. Despite these historic headwinds and staff shortage, GTS' perseverance and hard work, ultimately allowed us to continue to be DOD's preferred designer and integrator to some of the most complex weapon's systems on Earth. All things considered, we respectfully request that the funds set aside by the state of Virginia's, Economic Development Partnership for VEDIG Grants, be returned to the state and used in the manner of which it was originally intended. We appreciate your time and look forward to your response on the matter. Please contact us with any questions. Sincere a part, V trategic Development GTS Intel and Sensors Division GTS Munitions Division GTS RCR Center of Excellence 11200 Dr. MLK Jr. St. N., Ste. 100 513 Madison St. SE 784 Lynnhaven Parkway St. Petersburg, Florida 35801 Huntsville, AL 35801 Virginia Beach, VA 2345 �Ku f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $125,000 from the Virginia Aquarium Foundation for the Refurbishment of the Seal Tank Exhibit MEETING DATE: June 7, 2022 ■ Background: The Virginia Aquarium Seal Tank Exhibit is scheduled for repair and refurbishment. The Department of Public Works estimates the cost of this project will be $125,000. The Memorandum of Understanding between City and the Virginia Aquarium Foundation provides the Foundation is responsible for repair, maintenance, or replacement of any single permanent exhibit if the cost exceeds $5,000. Accordingly, the Foundation will provide the $125,000 for the refurbishment of the exhibit. ■ Considerations: The attached ordinance appropriates the $125,000 from the Foundation to Capital Project #100463, "Virginia Aquarium Renewal and Replacement M." This action will allow the Department of Public Works to coordinate the refurbishment project at the Virginia Aquarium. ■ Public Information: Normal City Council agenda process ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of the Virginia Aquarium City Manager: /�� 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE $125,000 FROM THE VIRGINIA AQUARIUM FOUNDATION FOR THE REFURBISHMENT OF THE SEAL TANK EXHIBIT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $125,000 is hereby accepted from the Virginia Aquarium Foundation and appropriated, with miscellaneous revenue increased accordingly, Capital Project #100463, "Virginia Aquarium Renewal and Replacement Ili," to fund the refurbishment of the Seal Tank Exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2022. Requires an affirmative vote by a majority of ail members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Attor ey's Office CA15844 R-1 May 25, 2022 } w- isi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $3,000 from VB Home Now, Inc., to the Department of Cultural Affairs for the Brushworks Program MEETING DATE: June 7, 2022 ■ Background: The Department of Cultural Affairs runs the Brushworks Program. This program provides an opportunity for individuals experiencing homelessness, or those who are formerly homeless, to gain employment and work with professional artists to crease art in public spaces. Through this program, candidates gain valuable experiences and are connected to employment resources to improve job readiness. VB Home Now, Inc., has awarded a grant of $3,000 to the Department of Cultural Affairs to expand the Brushworks Program. This grant will focus on work that supports the homeless service system and the activities of the Housing Resource Center, and it will require coordination with the Department of Housing and Neighborhood Preservation. The funds will provide stipends to mural crew participants. ■ Considerations: There is no local match required for this grant. The funds support the expansion of the Brushworks Program to include the Housing Resource Center. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Award Letter Recommended Action: Approval Submitting Departmen ency: Department of Cultural Affairs City Manager: 1 2 3 4 5 5 7 8 0 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE $3,000 FROM VB HOME NOW, INC., TO THE DEPARTMENT OF CULTURAL AFFAIRS FOR THE BRUSHWORKS PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $3,000 is hereby accepted from VB Home Now, Inc., and appropriated, with miscellaneous revenue increased accordingly, to the FY 2021-22 Operating Budget of the Department of Cultural Affairs to assist with expansion of the Brushworks Program in partnership with the Department of Housing and Neighborhood Preservation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: r + Budget andManagementServices CA15835 R-1 May 25, 2022 APPROVED AS TO LEGAL SUFFICIENCY: Office hb ome now._ December 15, 2021 Board of Directors Ray Bjorkman Chair 0ehorahA. Baisden Dear Nina, Vice -chair Theodore L. Salter Thank you for your recent application to V8 Home Now. Can behalf of the Treasurer board of Directors I am happy to inform you that the evaluation of proposals Joshua Coe submitted in response to VB Home Now's funding opportunity has been Completed. Secretary We are excited to award $3,oao in support of the City of Virginia Beach's Cultural John Edwards Affairs' Brushworks program. Mary Donn an Harrison These funds are intended to provide stipends for the mural crew Pastor Steve Kelly participants. Please note an interim report is due no later than July 31, 7022 and a George MacDonald final report is due no later than January 3-1, 2023. John 01Men VB Home Now is Committed to supporting and enhancing our community's S he" Pitsi I id e s System of services, to help people move from hameiessneS5 to housing stability. lames Walrod We wish you success in your effort to make homelessness rare, brief and non- recurring. Sincerely, Ray Bjorkman Board Chairman VB Home Now, w w w. v b h o m e n a w. o r g M. PLANNING 1. REED ENTERPRISES, INC & LIBERTY TRANSMISSION & AUTO CARE, INC/ REED ENTERPRISES, INC for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re Auto Repair Garage at 3041 Holland Road DISTRICT 2 (formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 2. BT HOLDINGS III, LLC & PDC TNIFL LPIV, LLC/ BT HOLDINGS III, LLC for a Modification of Proffers to a Conditional RcMning & Rezoning from AG-1 Agricultural District & Conditional I -I Light Industrial District to I-1 Light Industrial District re an industrial Building at Dam Neck Road & Harpers Road DISTRICT 5 (formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 3. ASHDON BUILDERS 1, LLC/ DAVID & TAMMY LEE Conditional Change of Zoning from AG -I & AG-2 Agricultural to Conditional R-7.5 Residential re seven -lot subdivision of single- family homes at 2487 North Landing Road DISTRICT 2 (formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 4_ MAEGAN CAHOON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 108 DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL r Y NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, June 7. 2022 at BAD p.m. In the ODunou Chamber at Ctly H814 2- Floor at 2403 Dburittouse Drive (0ja CW Hall). 8ultding 3, Wrglnla Beach. YA 23456. MemoerS of the aubeec will he able to observe the City Cou rol meeting to rough hvestreammg on www.vbgpv.00rn. broadcast on VBTV, and Via WebEx. Chizen8 who wish to Speak Can sign up to speak eerier rn,pel$ort at the Council Chamber or Artualty via WebEx by Completing the two-step process oelow. Ail Interested parties are Invited to observe. If you wish to make comments virtually during the public hearing, please follow the uvb- Step Procian Provided below 1 Register for the WebEx at; 2. Register with the City Clerk's Office by railing 757.3854303 prior to 5:00 p.m. on June T. 2022. The following requests are scheou led to be heard - Reed Enterprises. Inc, a Virginia Corporation (Applicant & Property Owner) Modification of Proffers Address; 3041 Holland Road GPIN(5): 1495138628 COundl DKtrl= DIsM 2 87 Holdings III, LLC a Wrglr" Limited Liability Company (Appiicant & Property Owner) Modification of Proffers Address: Southeast Comer of Dam Neck Road & Harpers Road GPIN(sl: Potion of 2405631630 Council District: District 5 PDC TN/FL LPiV, (.LC, a Delaware limited liaNIity Company (Applicant) HT HOldrmgS III, LLC (Property Owner) Rezoning (AG-1 Agrcunural Dlstnct & Condf ionat t-.1 Light industrial District to I-1 Light. +ndusvtal ❑r5tricty Address; Southeast corner of Darn Nett Road & Harpers Road GPIH(s): 2405631630 Council District: DWrWt 5 AShdon Builders 1. LLC (Applicant) David & Tammy Lee (Property Owners Conaftnai Remning (AG-1 & AG-2 Agricultural Districts to Conditional R-7.5 Residential Cirsthct for development of up to 7 single-family 4weliln! i at a density of 1.64 unrts/acre) Address- 2497 North Landing Road GPI Nis)-14948Cv4893 Qwndl Dt ct: DWM 2 Liberty Transmission & Auto Care, Inc. a Virginia Corporation (Applwant) Reed Enterprises, Inc, a Virginia Corporation (Property Owner; Corditlohal Use Permit tAutommle Repair Garage; Address: 3041 Holland Road GPIN(s), 1495136828 DDundl District: Dlstrkt 2 Maegan Cahoon (Appicant & Property Owner) Conditional use Permit (Short Term Rental) Addre55:4005 Atlantic Avenue. Unit 108 GPM(s); 242805I44M20 Council Dull= D63trict 6 Copies of the propdsad pianS. ordinances, amendments and/or resolutldn5 are on file and may be examlred by appointment in the Planning Department at 2875 Sabre St Suite 500, Virginia Reach, VA 23452 or online at www.vbgoy.com/pc. For lnformauon Call 757- 385.4621. Staff Reports will be available on the webicage 5 days prior to the meelirt& Iryou require a reasonable aoodrlmddatron Tor Ulis meetng due to a Mai Drlrty, ple65e call the Gty Clerk's Office at 7573854303. It you are hearing Impaired, you can contact Virginia Relay at 711 for TOO service. The meeting well be broadcast on Cabie TV, www.vbgdv.Com and FaceDcok Uve- please check our wensite at www.vt)gov.corn/goverFi"niVdepartmeMs/a"erk/crty- cwuncil for the most updated meeting information All interested parties are invited to pamc4pate- Amanda Barnes city Clerk BEACON - MAY 22, 2022 & MAY 29. 2022 - 1 T] M E EACH R5D R7.5 P1 AG1 11 � � 2 AG2 �� 0 11 NO R5 D I�I B ' AG 1 R5D 01 .\ a o M* .\ o ° ,�-, 11 ., 01 O 00 _o • a�� ,y G2 0 000IRS a oD B2/ AG1 4 �•a t;01 R5D� J �� 1R .D 5 RD N ® Site w Property Polygons Reed Enterprises, Inc, a Virginia Corporation; s Zoning Liberty Transmission & Auto Care, Inc a Virginia Corporation 0 Building 3U4'I Holland Road Feet 0 80160 320 480 640 800 960 �1A _SL y � fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC & LIBERTY TRANSMISSION & AUTO CARE, INC [Applicants] REED ENTERPRISES, INC [Property Owner] Modification of Proffers to a Conditional Rezoninq & Conditional Use Permit (Automobile Repair Garage) for the property located at 3041 Holland Road (GPIN 1495138628). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: June 7. 2022 ■ Background: This request is two -fold and includes a Modification of Proffers to amend the proffered site plan, building elevations, and uses on the site, as well as a Conditional Use Permit to develop an Automobile Repair Garage for automotive transmission and small engine repair on the subject property. As part of these dual requests, the applicants are also requesting to rescind a Conditional Use Permit for a Bulk Storage Yard that was previously approved for this site. In 2017, the owner of this parcel was presented with an opportunity to develop a heavy automotive repair business on another parcel that is adjacent to the subject site. While the appropriate approvals were sought for that property (3249 Dam Neck Road), the owner also submitted a request to rescind the previously approved Conditional Use Permit for an Automobile Repair Garage for this property (3041 Holland Road). The previously proffered site plan and elevations from 2015 were unchanged with this revision and remain in effect. With the present requests, changes to the building's elevations, the layout of the site, and permitted uses are proposed as a new lessee - Liberty Transmission & Auto Care Inc - plans to operate an Automobile Repair Garage that will offer typical light automotive repair services such as oil and fluid changes and inspections. No heavy automotive repairs, such as body work, engine replacement, or painting, will be offered ■ Considerations: While in the Suburban Area identified in the Comprehensive Plan, this property is also located in the Accident Potential Zone-2 and the 70-75 dB noise zone. Together, these overlays limit the possibility of residential development and make this site an ideal location for complementary non-residential uses. The thoughtful design and high -quality materials of the proffered site plan and building design relate well to existing, adjacent auto -oriented businesses. The building footprint is being reduced from 12,525 square feet of mixed shop area and office area to a Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Page 2 of 3 total size of 5,920 square feet. The outdoor storage area will be removed, and parking spaces will be added at the rear of the building. The previously proposed stormwater management facility will remain in the same approximate location and with the same approximate dimensions. The proposed site layout includes 39 parking spaces, which exceeds the maximum nine spaces permitted for automotive repair businesses of this square footage per Section 203(a)(16). Excess parking requires approval by the Planning Director per Section 203(b)(9). The proposed plantings along the street frontage and throughout the site will further emphasize the thoughtful design of the building and will provide an attractive visual transition from the Dam Neck Road corridor into the lower intensity corridor along Holland Road. The previously approved development plans that included a 12,525 square -foot building was estimated to generate 200 average daily trips. The current proposal will have a reduced average daily trip count as compared to what otherwise could be developed by right as well as compared to the existing approved use of the site; additionally. Holland Road is currently operating under its maximum traffic volume capacity. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAN❑ ROAD VIRGINIA BEACH, VIRGINIA," prepared by SIA and dated 4/3/2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAN❑ ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6_ All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Page 3 of 3 adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. T. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9, A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the release of the final site plan. 10. A fins# stormwater plan shall be submitted to the Development Services Center (DSC) for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b){9) of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L! / City Manager: . Applicants Reed Enterprises, Inc & Liberty Transmission & Agenda Items Auto Care, Inc r Property Owner Reed Enterprises, Inc 8 & 9 Planning Commission Public Hearing May 11, 2022 City Council District District 2, formerly Princess Anne Requests #8 - Modification of Proffers #9 - Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 3041 Holland Road GPIN 1495138628 Site Size 3.07 acres AICUZ 70-75 dB ❑NL; APZ-2 Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped lot / B-2 Community Business Surrounding Land Uses and Zoning Districts North Holland Road Office warehouse, animal shelter / I-1 Light Industrial South Single-family dwelling/ AG-2 Agricultural East Single-family dwelling / AG-2 Agricultural West Single-family dwelling, automobile repair & sales / B-2 Community Business, AG-2 Agriculture Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 1 Reed Enterprises, Inc. is requesting a Modification of Proffers on this property to amend the proffered site plan, building elevations, and uses on the site. This Modification of Proffers supports a simultaneous request by Liberty Transmission & Auto Care, Inc. for a Conditional Use Permit to develop an Automobile Repair Garage for automotive transmission and small engine repair on the subject property. As part of these dual requests, the applicants are also requesting to rescind a Conditional Use Permit for a Bulk Storage Yard that was previously approved for this site. This 3.07-acre parcel is zoned Conditional B-2 Community Business and is presently an undeveloped lot. The property was conditionally rezoned in 2013 from AG-2 Agriculture District to Conditional B-2 Community Business District. Conditional Use Permits for an Automobile Repair Garage and a Bulk Storage Yard were also sought and approved in conjunction with the 2013 conditional rezoning. The site layout, building elevations, and specific uses were all included with the proffers and conditions associated with the rezoning and Conditional Use Permit applications. in 2015, the proffers were modified to relocate the proposed stormwater retention facility. ■ In 2017, the owner of this parcel was presented with an opportunity to develop a heavy automotive repair business on another parcel that is adjacent to the subject site. While the appropriate approvals were sought for that property (3249 Dam Neck Road), the owner also submitted a request to rescind the previously approved Conditional Use Permit for an Automobile Repair Garage for this property (3041 Holland Road). The previously proffered site plan and elevations from 2015 were unchanged with this revision and remain in effect. ■ With the present requests to modify proffers and to reestablish a Conditional Use Permit for an Automobile Repair Garage, the proposal includes changes to the building's elevations, the layout of the site, and permitted uses. A new lessee —Liberty Transmission & Auto Care inc.— proposes to operate an Automobile Repair Garage that will offer typical tight automotive repair services such as oil and fluid changes and inspections. No heavy automotive repairs, such as body work, engine replacement, or painting, will be offered. Along with the proposed change in uses, the applicants are proposing to modify the size of the building and, by extension, the layout of the site. The building footprint is being reduced from 12,525 square feet of mixed shop area and office area to a total size of 5,920 square feet. The outdoor storage area will be removed, and parking spaces will be added at the rear of the building. The previously proposed stormwater management facility will remain in the same approximate location and with the same approximate dimensions. The proposed site layout includes 39 parking spaces, which exceeds the maximum 9 spaces permitted for automotive repair businesses of this square footage per Section 203(a)(16). Excess parking requires approval by the Planning Director per Section 203(b)(9). ■ The new T-shaped building will have a red brick and buff color stone facade with large single -pane windows in the primary elevation. Overhead garage doors are located along the east and west elevations of the shop area to allow vehicles to enter and exit. The proposed design is very similar to buildings developed on adjacent properties as shown in site context photos on pages 11 and 12 of this report. • Wall signs shown in the provided elevations are for illustration purposes only; a sign package will be submitted for review when the applicant applies for appropriate sign permits. In addition to the proposed building signs, there will be a monument sign with a brick base located on the west side of the driveway. The height of the monument sign will not exceed eight feet, as noted in Proffer 3. The business will employ five to eight people. Typical operating hours will be 8:00 a.m. to 6:00 p.m., Monday through Friday. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 2 Zoning History # I Request 1 MDC (Automobile Repair Garage) Approved 12/06/2017 CUP (Auto Repair Garage) Approved 05/17/2017 CUP (Motor Vehicle Sales & Rentals) Approved 07/05/2016 CUP (Automobile Repair Establishment) Approved 02/22/2005 CRZ (AG-2 to Conditional B-2) Approved 02/22/2005 2 CUP (Auto Service Station) Approved 07/03/2001 CRZ (AG-2 to Conditional B-2) Approved 07/03/2001 3 REZ (0-2 to 1-1) Approved 02/14/1995 1 4 1 CUP (Animal Shelter) Approved 05/28/2002 1 5 MDC & MOP (Auto Repair Garage & Bulk Storage Yard) Approved 12/8/2015 CUP (Auto Repair Garage & Bulk Storage Yard) Approved 10/08/2013 CRZ (AG-2 to Conditional B-2) Approved 10/08/2013 6 CUP (Communication Tower) Approved 06/09/1998 REZ (AG-1 to 1-1) Approved 12/05/1983 CUP {Bulk Storage Yard) Approved 12/05/1983 7 CUP (Communication Tower) Approved 02/23/1999 8 CRZ (AG-2 to 0-1) Approved 03/11/2008 Application Types CUP — Conditional Use Permit MIX — Modification of Conditions STC — Street Closure SVR — Subdivision Variance REZ — Rezoning MOP — Modification of Proffers FVR — Floodplain Varianre LUP— Land Use Plan CRZ — Conditional Rezoning NON — Nonconforming Use ALT — Alternative Compliance STR — Short Term Rental In Staffs opinion, these requests for a Modification of Proffers and for a Conditional Use Permit for an Automobile Repair Garage are acceptable. The site is located in the Suburban Area, as defined by the Comprehensive Plan. One of the major goals for the Suburban Area in the Comprehensive Plan is for the creation of "Great Neighborhoods," which calls for the development and clustering of compatible uses. The properties immediately adjacent to the subject site host compatible auto -service uses with high -quality design of a similar character as the applicant proposes. While in the Suburban Area, this property is also located in the Accident Potential Zone-2 and the 70-75 dB noise area. Together, these overlays limit the possibility of residential development and make this site an ideal location for complementary non-residential uses. The thoughtful design and high -quality materials of the proffered site plan and building design relate well to existing, adjacent auto -oriented businesses. Large windows increase transparency of the building and open into office space rather than the service area. The proposed plantings along the street frontage and throughout the site will further emphasize the thoughtful design of the building and will provide an attractive visual transition from the Dam Neck Road corridor into the lower intensity corridor along Holland Road. The site is located in the Southern Rivers Watershed. A site plan was reviewed and approved by the Development Services Center on January 28, 2022 for the previously proffered site concept, including stormwater impact analysis. The current proposal has less impervious surface than the previous design, is located within the same general footprint as the previous proposal and proposes a similar stormwater management strategy for the site. In 5taff's opinion, this design is likely able to meet stormwater impact regulations without an additional preliminary stormwater analysis. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 3 Recommended Condition 10 below addresses the need for a final stormwater plan to be submitted at the time of site review. Finally, it is Staff's opinion that this project will have no adverse impact on traffic on Holland Road. An analysis by Staff estimates that this development will generate 95 average daily trips. As compared with potential development of the site, it could generate up to 1,700 average daily trips based ❑n the overall size of the site as zoned 13-2 Community Business. The previously approved development plans that included a 12,525 square -foot building was estimated to generate 200 average daily trips. The current proposal will have a reduced average daily trip count; additionally, Holland Road is currently operating under its maximum traffic volume capacity. For these reasons, Staff recommends approval of these requests, subject to the proffers and conditions listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by SIA, dated 04-03-2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance and shall utilize the building materials and colors depicted and described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022, which has been exhibited to the Virginia Beach City Council and is an file with the Virginia Beach Department of Planning & Community Development (hereinafter "Elevation"). Proffer 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8`) in height. Proffer 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Proffer 6: These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 4 Staff Comments; Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 1. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA," prepared by SIA and dated 4/3f2022 and with the elevation plans entitled, "LfBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the release of the final site plan. 10. A final stormwater plan shall be submitted to the Development Services Center (DSC) for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203{b}(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site pion 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 En vironmen tol Design (OPTED) concepts and strategies as they pertain to this site. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items S & 9 Page 5 This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban area is maintained in a sustainable way. A primary criterion of creating Great Neighborhoods is to make sure new uses are compatible with surrounding uses. The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no historical or cultural resources affected by this project. Project Stormwater Design Staff Summary A site plan, along with a stormwater analysis, was approved by the Development Services Center on January 28, 2022 for the 2015 proffered site plan. The proffered modifications to this plan are within the general footprint of what was previously approved for storm water analysis and has less impervious surface. Given this and the recently approved site plan, a new preliminary stormwater analysis was not required at this time. Street Name Present Volume Present Capacity Generated Traffic Holland Road 15,900 ADT' 32,700 ADT I i LOS e "D„ Existing Land Use a —1,700 ADT Proposed Land Use 3-95 ADT ! Average Daily Trips 2 as defined by a 3.1 acre parcel 3 as defined by a 5,920 square foot 4 LOS = Level of Service zoned B-2 Community Business Automobile Repair Garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no current Capital Improvement Projects to improve Holland Road, which is a four -land divided minor suburban arterial roadway. Water There is a 16-inch City water transmission main along Holland Road. The project site must connect to City water. Connection should be made to a one -inch water service line from Holland Road in accordance with an approved site plan (DSC File #H10-002623-SP). Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 6 Sewer There is an 8-inch City sanitary sewer force main along Holland Road. The project site must connect to City sanitary sewer. Connection should be made to a four -inch plugged sanitary sewer force main from Holland Road in accordance with an approved site plan (DSC File #H10-002523-SP). Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 11, 2022. As required by State Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. ■ As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. ■ 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 May 5, 2022, City Council ■ As required by City Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, May 22, 2022 and May 29, 2022. • 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 May 23, 2022. ■ The City Clerk's Office posted the materials associated with the application on the City Council website of htt s: www.vb ov.com overnment de artments cit -clerk cft -council Documents BookmarkedA ends. df on June 3, 2022. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 7 Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 8 Roof: Grey Architectural Shingles Liberty Transmission & Auto Care, Inc. Exterior Material: 3041 Holland Road, Virginia Beach, VA, 23453 Red Brick Veneer April 4, 2022 Windows: White Vinyl Frames Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 9 Proposed Elevation Plan April 4, 2022 -- - -- fls-�IiT.oev. Liberty Transmission & Auto Care, Inc. 3041 Holland Road, Virginia Beach, VA, 23453 Roof. Grey Architectural Shingles Exterior Material: Red Brick Veneer Windows: White Vinyl Frames Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 10 Subject Sile Erisling fuel station and carwash adjacent to the subject site with similar design as proposed elevations Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 11 Context north across Holland Road from subject site. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 12 Disclosure Statement W 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 anion by the City Council or a City board, commission or other body. Applicant disclosure Applicant Name Liberty Transmission & Auto Care, Inc. 1)ces the applicant have a representative? 0 Yes ❑ No . 0 Yes, list the name of the representative R Edward Bourdon, Jr -, Esq-, Sykes, Bourdon, Ahern & Levy, P C Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? ■ Yes ❑ No . If yes, list the names of all officers, directors, membe•s rLlstees etC below (Attach a list 11 necessary) Curtis Lee Price, II, President, Michelle Price, Secretary/Treasurer . If yes, list the businesses that have a parent•subsidiarv� or affiliated business entity relationship with the applicant (Attach a list if necessary) ' 'Parent-suhsidiary relationship" means 'a relationship that exists when one corporation directly or inoirectly 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 rel a(ion shi p' means "a re l a tPons h i p, other than pare nit -sub5rdia ry relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a tontrolling owner in one entity is also a controlling owner in the other entity, or (vil 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 entitles " See State and local Government Conflict of Interests Att, Va Code § 2 2.3101 11 Reed Enterprises, Inc & Liberty Transmission & Auto Care, inc Agenda Items 8 & 9 Page 13 Disclosure Statement VT3 Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of She City of Virginia Beach have an Intefest in the subject land or any proposed development contingent on the subject public action? ❑ Yes M No • U yes, what is the narne of the official or employee and what is the nature of the interest? Applicant Services Disclosure I Does the appl cant have any existing fin anang Imortgage, deeds of trust, cross-collatefaliaation, etc] or are they considefing any financing in connection with the subject of the application or any business operating or to be operated on the property? F Yes M No ■ If yes, identify the financial institutions providing the sefv:ce 2. Does the applicant have a Peal estate brokeyalwVraaltor for currant and "cipated future sales of the subject property" C. Yes FK 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 ;n connection with the subject of the appkat!on or any business operating or to be operated on the proberyi 0 Yes ❑ No if yes, identify the f,rm and individual providing the service. Beverly Jones, CPA 4. does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 10 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 Z NO ■ li yes, identify the purchaser anc purchasers service providers. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 14 Disclosure Statement Disclosure Statement Am LYf n!Nrgom'a VmA Planning & Community Development 1 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, identity the company and individual providing sne service. 7 Reed Enterprises, Inc., ?Veal Reed Does the applicant have an engine er/surveyor/agertt In connection with the subject of the application or any business operating or to be operated On the propertV7'Q Yes ❑ NO a IF yes, identify the firm and individual providing the service. Site Impirovetrerits, Claude Lym 8 Is the applicant receiving legal sen ices .n cor.recti0n with the subject of the appli ration or any business operating or to be operated on the property? 12 Yes ❑ No . If yes, Identify the flrm and individual providing the service. R. Edward Bmzdm, Jr., Sykes, Bourdor, Ahern & icy; scot;` Cn] pman , rnlemao � Cohn 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 nottfcat Ian 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, VBOA, CHPA, Wetlands Board or any public body or committee in connection with this applcation. Liberty Transmission & Auto Care, Inc- 71 Applicant Signature Curtis Lee Pdoe, II, President Print Name and Tile 3/01/2022 om Is the applicant also the owner of the subject property? ❑ Yes bj� No a If yes, you do not need to fill out tie owner d sciosure statement. Q rio�tire�.s.f pan 5/24/2022 ftnaturr d'SI& +n"t awe ElliziWeth Nowak Reused 1109 2O20 3 1 I o L E Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 15 Disclosure Statement t.vrt�� Planning & Community Development Owner Disclosure Owner Name Reed Enterprises, Inc., a Virginia corporation Applicant Name Liberty Transmission & Auto Care, Inc- is the Owner a corporation, partnership, Firm, business, trust or an unincorporated business? M Yes ❑ No a If yes, list the names of all officers, directors, members, trustees, etc- beIow. (Attach a list if necessary) Neal Reed, President; Maurice Reed, Vice President, Manjula P. Reed, Secretary/Treasurer 11, If yes, list the businesses that have a parent -subsidiary' or affiliated business entity` relationship with the Owner (Attaci e list if necessary) Known Interest by public Official or Employee Does an officlal 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 M No . if yes, what is the name or the offidal or employee and what is the nature of the interest? "Parent -subsidiary relationship" means "a relationship that exists when one corporation di•ectly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Art. VA. Code 4 2-2-3101 -AffihaLed business entity relationship' means "a relationship, other than pa rent-wbsidiary reIatronship, 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 (ilt) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationshlp include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entitles share the use of the same offices or employees or otherwise share activlties, resources or personnel on a regular basis; or there is otherwise a close working relationshlp between the entities." See State and Local Government Conflict of Interests Act, Va Code 4 2 2 3101. 51 Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 16 Disclosure Statement Owner Services Disclosure A& Cdr a! "ma aft�h Planning & Community Development Dces :he Owner have any existing finan cing (mongage, deeds of trust, cross•collateralixation, 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 CJ Yes N No ■ If yes, identify the financial institutions providing the service 2. Does the 0wner have a real estate broker/agent/realIor for current and anticipated future sales of the subject property? ::) Yes t No ■ If yes, identify the cornpany and ind vidual providing the service. 3. Does the Owner have services for aoeourrtsng and/or preparation of tax returns provided in connection with the subject of She application or any busin ass operating or to be operated on the property? ! Yes ❑ No ■ IF yes, Identify the firm and individual providing the service. Ramesh Joshl. CPA, PLLC. Ramesh Joahi 4. Does the Owner have services from an a rchitectN n d scape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property� x❑ Yes �] No a If yes, Identify the firm and individual providingthe service. Mark Joseph Poulos. Designs by Mirk, Inc. S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No . If yes, identify the purchaser and purchaser's service providers. 6. does the Owner have a construction contractor in connection with the subject of the applicahonh or any business operating or to be operated on the property? 0 Yes ❑ No ■ Ryes, identify the company and individual providing the service Reed Enterprises, Inc., Neal Reed 7. Does the Owner have an engineer/surveyor/aEent in connection with the subject of the application or any business operating or to be operated on the prrperty� 0 Yes 0 No . If yes, identify the firm ard':r.dividjal providingthe service. Site improvement Assodates, Claude Lym 61 Reed Enterprises, Inc & LilaertyTransmission & Auto Care, Inc Agenda Items 8 & 9 Page 17 Disclosure Statement Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be Operated on the property? 3 Yes 11 No If yes, identify the firm and indrvrdual providing legal the service. R. Edward Bourdon, Jr. , Esq. , 5yiaks , Bourdon. Ahern & Lees Y.C. Owner Signature I certify that all of the information contained in this Disclosun8 Statement Farm rs complete, true, and accurate. I uncerstand tnat, upon receipt of notification that the application has been scheduled for public hearing, I an responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPF, Wetlands Board or any public body or committee in connection with this application. Reed Enterer In? _ owner Si Neal Reed, President Print Name and Title 3/01 /2022 Date Frevr.sed 11.09.2026 7 1 p a g t Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 18 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff wilt 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. In 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, pie ase 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. Reed Enterprises, Inc & Liberty Transmission & Auto Care, Inc Agenda Items 8 & 9 Page 19 SYUS, BOURDON, 111IN AT 1 CIRINI: f 5 ANI C.:01INSEL FRS 47 LAW dA29 BONNEY Raap ,}OIV M AriERfJ Sidra 500 H ft,NVARR SOUSO N, JR VIRGJNIA BEACH. VIRGINIA 23462 JAMES 7 CROMWELL ASHLEY M Etch TELEPHONE: 757.499-8971 L 57EVEN EMMERT FAGsOMILE: 757-456-5445 M April 14, 2022 MOLLY RA KWEA KIRK B LEVY MICHAEL .I. LEVY' HOWARD A SYKES, JR OAVI4 M ZOeEL Vra_Hand Deli vet ,Adw-"� In Y•n.* 0.4 w.Nrok:- rc Elizabeth Nowak, Planner 11 Department of Planning & Community Development 2875 Sabre Street Suite 500 Virginia Beach, Virginia 234S2 Re: Reed Enterprises Applications for Modification of Proffers and Conditional Use Permit; 3041 Holland Road Dear Elizabeth: This shall confirm that the width and depth of the building as depicted on the proffered renderings are 72 feet and 88 feet as both depicted and specified on the proffered Site Layout. This shall also confirm that the height of the building as rendered and depicted on the proffered "Elevations" will be 31 feet. Both proffered exhibits are enclosed. As for the signage, the building mounted signage depicted on the proffered exhibit are merely for illustrative purposes and a future sign package for these sign(s) will be required, which shalt meet all Zoning Code requirements, when a permit For installing the sign(s) is applied for. Finally, I have revised proffer number 3 to include a more detailed description of the freestanding sign. Enclosed you will please Find both a redlined revised proffer #3 on page 3 of the previously delivered Proffer Agreement, along with a clean copy of the Proffer Agreement. Under separate cover, 1 am forwarding the revision to the Proffer Agreement to Deputy City Attorney Kay Wilson, I believe these revisions adequately address your requests. Elizabeth Nowak, Planner II April 14, 2022 Page 2 With kind regards, I am SYKES. BO[IRDON, ARN & IM PC Very truly yours, r"_ f (a-Edwdrd Bourdon, Jr. REBjr/arhm Enclosures cc: B. Kay Wilsan, Deputy City Attorney Neal Reed, Reed Enterprises, loc. H:\AMMod of P roffers\ Reed En te rp ris es \ H oll a n d Road\2022\Nowak Ltr 4-14-2022.docx _nn LAVA �Q Liberty Transmission & Auto Care, Inc. 3041 Holland Road, Virginia Beach, VA, 23453 April 4, 2022 Roof: Grey Architectural Shingles Exterior Material: Red Brick Veneer Windows: White Vinyl Frames -; ep K+" : ft Liberty Transmission & Auto Care, Inc. 3041 Holland Road, Virginia Beach, VA, 23453 April 4, 2022 Roof: Grey Architectural Shingles Exterior Material: Red Brick Veneer Windows: White Vinyl Frames R � 1 VICINITY fLP � 11r • I SETS DATA: 2m my 6[CK R1Y21 - l RE[p[MICRRRISE OR ICW srt[ ,twa: 6owosy+ RI.iiR j e.! .[ YOR{ OR vess ,u a S. oc III sni i06[P W.CI•gN. 6-2 5n[ ue[- 1 iRKTMG. Mhw AOPaS[9FNoto1s5.f1W NIO .IRo C+�[ IXNRR ET.rLV •.IRfw6: 1M..[R TE C...NY. 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R. w Ton MOLLAW MDAD VAM" BE.— V,R76H described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 H0LLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022, which has been exhibited to the Virginia Reach City Council and is on file with the Virginia Reach Department of Planning & Comm uWry Development (hereinafter'•Elevation'). 3. The freestanding sign depicted on the Site Plan shall be,4_mo n u me nt style sign tieteted. brick based with a brick base matching the brick on the building, no greater than eight feet (W) in height, with an internally hLlbted box sien and aVnot exccedin&the dimei)oonaj limitaligns stt forth in the City, code• 4. Ali outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. Further conditions may he required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 6. These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 proffers as modired by the 2015 Amended Proffers. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto referto the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after it public hearing before the Grantee which was advertised pursuant to 3 REED ENTERPRISES, INC., a Virginia corporation SECOND AMEN DMENTTO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 51h day of April, 2022, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 3, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20131015001228540 (hereinafter "2013 Proffers") and the previously proffered Covenants, Restrictions and Conditions dated August 31, 2015 as recorded in the afore referenced Clerk's Office as Instrument Number 20151216001204620 (hereinafter "2015 Amended Proffers") to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Granter to delete the five (5) numbered proffers in the 2013 Profferas amended by the 2015 Amended Proffers and replace them in their entirety ivith those proffers herein set forth; and PREPARED BY: 11 GPlN: 1495-13-8628-0000 SYKES. i OURDON. AHERN& LUV.PC. Prepared by: R. Edward Bourdon, Jr,, Esq. • VSS #22160 Sykes, Bourdon, Ahern & Levy, F.C. i 4429 Bonnev Road Suite 500 Virginia Beach, Virginia 23462 PREFARED BY, Mrs, l OURIMN, A14ERN X Li_w, f,.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, 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 Grantor's modification of condition to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the: Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: ], When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAT. REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by S1A, dated 04-113- 2022, which has been exhibited to the Virginia Beach City Council and is on Mile with the Virginia Beach Department of Plafining (hereinafter "Site Plan"). 1 The exterior of the building depicted on the Site Plan shall be substantially Similar in appearance and shall utilize the building materials and colours dvpictecl and 2 PREPARED BY ®SYKES.1 OURDON, Ai1tRN & LEVY. Rr', described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAN❑ ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development [hereinafter"Elevation"]. 3. The freestanding sign depicted on the Site Plan shall be a monument style sign with a brick base matching the brick on the building, no greater than eight feet (W) in height, with an internally lighted box sign and cap not exceeding the dimensional limitations set forth in the City Code. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property, S. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 5. These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 1-1roperty at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified ropy of an ordinance or a resolution adopted by the governing body of the Grantee, after f public hearing before the Grantee which was advertised pursuant to PREPARED BY: SWES.1 OURDON. ARERN & LEVY, K the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that; (1) The ZoningAdministratorof the Cityof Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body For the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 PREPARED BY: ® J I1U ROURAUN. ® AJ4 MN & LLW. PC WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Virginia corporation By.4R1 (SEAL) e, PrQ. ent t STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 81h day of April, 2022, by Neal Reed, President of Reed Enterprises, Inc., a Virginia corporation, Grantor. Notary Public ...... My Commission Expires: August 31, 2022 Q.•H Notary Registration Number: 192628 �� o��o 5 192628 ti `'�hRa� tiG 4*..qRY �►•+ PREP► RM er: ARM & LEVY. P.C. EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, and being designated and shown as lots 28, 29 and 30 on a plat entitled, "Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near Land Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old Surveyor, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of Holland Road and taken as a whole containing Four (4) acres, more or less; reference to said plat is hereby made for a more particular description of said property fronting on Holland Road. SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing Holland Road. GPI N: 1495-13-8628-0000 H:\AM\ -Mod of Proffers\Reed Enterprises\HoIland Road\2022\2nd Amendment to ProfFers.docx M SUES, ROURDON. AHERN & Lam, PC 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R EDWAR❑ BOURDON. JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE, 757-499-B971 L. STEV EN EMMEAT FACSIMILE- 757-456-5445 MARK R. GARRETT April 14, 2022 MOLLY R. KISER KIRK B.LEVY MICHAEL J. LEVY' HOWARO R. SYKES. JR DAVID M ZODEL Via Hand Delivery •Adn*tpolnW yw, ar4 waOrgi n oe B. Kay Wilson, Deputy City Attorney Office of the City Attorney 2401 Courthouse Drive Room 2098 Municipal Center Virginia Beach, Virginia 23456 Re: Reed Enterprises Applications for Modification of Proffers and Conditional Use Permit; 3041 Holland Road Dear Kay, With respect to the above referenced Modification of Proffers Application, which is accompanied by a Conditional Use Permit Application for a motor vehicle service and maintenance use, please find a redlined, revised page #3 of the originally submitted Second Amendment to (Proffered Covenants, Restrictions and Conditions). The only change is the inclusion of additional descriptive information regarding the type of freestanding sign which will be erected with the development of this site. The Applicant and property owner has approved this addition to proffer #3 and respectfully request that you slip -sheet the enclosed revised pages 3 and 4 for those two (2) pages in the original. Note that I have also included a full copy of the Proffer Agreement as modified for your file. Should you have any questions or concerns, please let me know immediately. With best regards, I am Very truly yours, Pdward Bourdon, Jr. REBjr/arhm Enclosures cc: Elizabeth Nowak, Planner 11 Neal Reed, Reed Enterprises, Inc. H:\AM\—Mod of Proffers\Reed Enterprises\ Holland Road\2022NWilson_Ltr 4-14-2022.docx Virginia Beach Planning Commission May 11, 2022. Public Meeting Agenda Items # 8 & 9 Reed Enterprises. Inc. & Liberty Transmission & Auto Care, Inc. [Applicant] Reed Enterprises, Inc. [Property Owner] #8 Modification of Proffers #9 Conditional Use Permit (Automobile Repair Garagel Address: 3041 Holland Road RECOMMENDED FOR APPROVAL — CONSENT Commissioner Alcaraz: Ali right. The next item on consent is items number eight and nine together. Is there a representative here today to speak on this item? Eddie Bourdon; Thank you. Mr. Vice chair. Again, Eddie Bourdon Virginia Beach attorney representing Reed Enterprises and Liberty Transmission. First of all, I want to thank Elizabeth Nowak for her work on these applications. And I want to indicate that all 11 conditions recommended with the use permit are acceptable to the applicants and we appreciate being on the consent agenda. Thank you. Commissioner Alcaraz: All right. Thank you. Is there any opposition to items eight and nine being placed on the consent agenda? Hearing none, I've asked Commissioner Horsley to speak on this item. Commissioner Horsley; Thank you. The request is for Modification of Proffers, this property, is to amend the proffered site plan, the building elevations and uses on the site. The site was originally, in 2013, approved for automobile repair garage and bulk storage yard. 5o, we're trying to amend the conditions so that we can eliminate the bulk storage yard and have a conditional use permit from Liberty Transmission and Auto Care, in place of the auto repair garage. It's been very attractive renderings put there, it's half the footprint that was originally approved. So, so storm water should be a whole lot easier on the property. We didn't have any objections and staff had put their stamp of approval on it. So, we placed it on a consent agenda. Thank you. Commissioner Alcaraz: Thank you. Madam Clerk: Mr, Alcaraz. I'm sorry, we now have a speaker in relation to application number four. so it needs to come off consent. Commissioner Alcaraz: Thank you. All right, Mr. Chair, that leaves the following on consent agenda, consent agenda number eight, number nine, number 10, number 13, number 14, number 15, and number 17 are all on consent agenda. Chairman Wall: Okay, thank you. ❑o I have a motion to approve by consent agenda items eight, nine, 10, 13, 14, 15. and 17. Commissioner Alcaraz- I'll make a motion to, Chairman Wail: Okay. Oh, we have a motion by Mr. Alcaraz. Do we have a second by Mr. - Commissioner Weiner: Second Chairman Wall: By Mr. Weiner. Commissioner Redmond: Mr. Chairman? Chairman Wall: Yes, Commissioner Redmond: Mr. Chairman. t want to be clear that while I am supporting the items on the consent agenda, I am specifically abstaining with regard to items number 15 and 17 as they are short term rental applications. t have a letter on file with city attomey's office. I have a client in the travel industry and I do not vote on short term rental applications or any of the ordinances that apply there, too_ Thank you. Chairman Wall: Okay, thank you. Madam Clerk: Thank you, Mr. Chairman, the vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against agenda items, 8, 9, 10. 13, and 14 have been recommended for approval by consent. Agenda items, 15 and 17 by a vote of nine in favor, zero against, with one abstention by Commissioner Redmond, have been recommended for approval by consent. AYE 10 1 NAY 0 1 ABS 0 JABSENT1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved. the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by &A, dated 04-03-2022. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Proffer 2 The exterior of the building depicted on the Site Plan shall be substantially similar in appearance and shall utilize the building materials and colors depicted and described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453. dated April 5, 2022, which has been exhibited to the Virginia Beach City Council and is on fife with the Virginia Beach Department of Planning & Community Development (hereinafter "Elevation"). Proffer 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight 'feet (8') in height. Proffer 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicabie City code requirements. Proffer 6: These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. Staff Comments. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attomey's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS i The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAN❑ ROAD VIRGINIA BEACH, VIRGINIA," prepared by SIA and dated 41312022 and with the elevation plans entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2922 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development, 2 All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shalt be shielded to direct light and glare onto the premises; said lighting and glare shalt be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the release of the final site plan- lg. A final stormwater plan shall be submitted to the Development Services Center (DSC) for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203{b)t9] of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. all applicable permits required by the City Code, including those administered by the Department of Planning 1 Development Services Center and Department of Planning I Permits and Inspections ❑ivision, 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. 12 I'I AG2 AGE R20 �d - -�- :ck=R�a -=-=Dam NN fRoad�- AGE i 20 • 1-��1;'I AG 1 R20 AG'I �o r ��. R20 .r .R20, 13 12 JR74..-4 N ® site BT Holdings, III, LLC a Virginia Limited Liability Company w '" Property Polygons Portion of parcel on the Southeast 5 Zoning corner of Dam Neck Road & Harpers Road 0 Building Feet 0 80160 320 480 640 800 960 Or f Q 12 r I'1 R20 R7\ �� •a B 1 R7:5 BA R201100 � Q 9�M�00 �� • spa <RR0 fl 5. R20 Q I,Z a a a.. � °om Q. ff R. `. ,�. IL AG1 11 j N.ecK nv_du� B2 H 1 �a A.G•'i � I � N ®Site PDC TN/FL LPIV, LLC, a Delaware limited liability Company WE- E7 Property Polygons Parcel on the Southeast s Zoning corner of Dam Neck Road & Harpers Road Building Feet 0 220W40 880 1,320 1,760 2,200 2,640 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BT HOLDINGS Ill, LLC & PDC TNIFL LPiV, LLC [Applicants] BT HOLDINGS III, LLC [Property Owner) Modification of Proffers to a Conditional Rezoning & Rezoning (AG-1 Agricultural & Conditional 1-1 Light Industrial Districts to 1-1 Light. Industrial District) for the property located on the southeast corner of Dam Neck Road & Harpers Road (GPIN 2405631630). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: June 7, 2022 ■ Background: This request is two -fold: an application for a Modification of Proffers to remove the previous Conditional Rezoning action on a 28.74-acre portion of the 160,96-acre parcel, as in 2015 City Council approved a rezoning from AG-1 and AG-2 Agricultural Districts to Conditional 1-1 Light Industrial District to construct a Bulk Storage Yard that never came to fruition, and an application that reflects a proposal to rezone the entire 160.96-acre parcel from AG-1 Agricultural District and Conditional 1-1 Light Industrial District to 1-1 Light Industrial District to construct a warehouse and distribution center. The proposed development concept includes the construction of a 650,000 square foot industrial building, primarily used for storage, packaging, and distribution. According to the applicant's representative, the development will include approximately 55 loading docks, 420 tractor trailer parking spaces, and 1,750 parking spaces to accommodate over 1,000 employees. ■ Considerations: The property is located in Special Economic Growth Area (SEGA) 3 — South Oceana. This area includes properties along Dam Neck Road between Holland Road and Corporate Landing Parkway that are impacted by high noise zones, accidental potential zones, and Navy Restrictive Easements. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with military uses. It is recommended that development and redevelopment of properties within SEGA 3 be consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan designates the SEGA as an area where high quality employment, corporate parks and light industrial uses are recommended. The Comprehensive Plan recommends that measures to mitigate negative impacts on adjoining stable residential areas be part of development proposals in this area. Mitigation measures should include adequate screening, and light and noise BT Holdings 111, LLC & PDC TN/FL LPIV, LLC Page 2 of 3 attenuation in building and site design. While not proffered, the submitted conceptuai layout indicates that a large buffer/berm will be installed to provide screening for the surrounding properties. Improvements will be located closer to Dam Neck Road and away from the existing residential communities to the south. The applicant is currently in negotiations with the City on a Development Agreement and cost participation where they will dedicate right-of-way and construct a roadway connection between Dam Neck Road and London Bridge Road within the alignment of the former Southeastern Expressway as identified in the Master Transportation Plan. This agreement will include language that provides landscape buffers and protections for the adjacent neighborhood as well as the conceptual plan that has been shared with the public by the applicant. The site is specifically located in both the 70-75 dB DNL and the greater than 75 dB DNL noise zone and a portion of the site is encumbered by a Navy Restrictive Easement. A distribution center is compatible with the AICUZ provisions set forth in the Zoning Ordinance. As the specific uses are not identified within a proffer agreement, a specific easement compliance review by Navy Staff will not occur until later in the site plan review process when all uses are fully identified. According to City processes and procedures, this compliance review must be completed prior to final site plan approval. As indicated on the proposed conceptual site plan, the applicant, in collaboration with the City of Virginia Beach will construct a new public road that will run along the eastern property line and will connect Dam Neck Road to the north with London Bridge Road to the south. A public road will also be constructed that will provide secondary access to the site. The Traffic Impact Study concludes that while there will be some minor increases in delay at surrounding signalized intersections on Dam Neck Road with the additional traffic, signal timing modifications and the proposed improvements will help to mitigate these minor increase delays. An in-depth review of the stormwater management strategy to ensure it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Staff has received 22 letters of opposition and 2 letters of concern to this request stating concerns regarding the influx of truck traffic, potential flooding, noise/pollution, landscape buffering and screening for the adjacent neighborhood, and impacts to wildlife. There was one speaker in opposition to the Modification of Proffers and seven speakers in opposition to the Rezoning request at the Planning Commission public hearing stating similar concerns, as indicated in the letters of opposition. BT Holdings 111, LLC & PDC TN/FL LPIV, LLC Page 3 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Concern (2) Letter(s) of Opposition (22) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant BT Holdings III, LLC & €'DC TN/FL LPIV, LLC Agenda Items Property Owner BT Holdings III, LLC Planning Commission Public Hearing May 11, 2022 4 & 5 City Council District District 5, formerly Princess Anne Requests #3 - Modification of Proffers #4 - Rezoning (AG-1 Agricultural District & Conditional 1-1 Light Industrial District to 1-1 Light Industrial District) Staff Recommendation Approval Staff Planner Marchelle Coleman Location Parcel on the southeast corner of Dam Neck Road & Harpers Road GPIN 2405631630 Site Size 160.96 acres AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped land / AG-1 Agricultural, 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Dam Neck Road Warehousing / AG-1 Agricultural & 1-1 Light Industrial South Undeveloped lot, hulk storage facility, single- family dwellings / R-20 Residential, 1-1 Light Industrial & 1-2 Heavy Industrial East Undeveloped lot, industrial park / B2 Community Business, 1-1 Light Industrial, AG-1 Agricultural West Harpers Road Undeveloped lot / R-20 Residential, AG-2 Agricultural BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 1 This request is two -fold. The first application is a request by BT holdings III, LLC for a Modification of Proffers to remove the previous Conditional Rezoning action on a 28.74-acre portion of the 160.96-acre parcel. On August 4, 2015, a 28.74-acre portion of this property was rezoned from AG-1 & AG-2 Agricultural to Conditional 1-1 Light Industrial to construct a Bulk Storage Yard. The construction and operation of the Bulk Storage Yard never came to fruition. That approved proffered conceptual site plan is provided, as reference, on page 6 of this report. In addition to the Modification of Proffers, a second application submitted by PDC TN/FL LP IV, LLC reflects a proposal to rezone the entire 160.96-acre parcel from AG-1 Agricultural District and Conditional I-1 Light Industrial District to 1-1 Light Industrial District to construct a warehouse and distribution center. Since this application does not include proffers, a simple straight rezoning (a rezoning without proffers) was not possible as the existing legal agreement noted in bullet one above would not be eliminated; therefore, the request necessitated the submission of two separate applications. • The proposed development includes the construction of a 650,000 square foot industrial building, primarily used for storage, packaging, and distribution. The building will include approximately 55 loading docks, 420 tractor trailer parking spaces, and 1,7SO parking spaces to accommodate over 1,000 employees. ■ Far discussion purposes, the conceptual site plan, landscape plan, and building renderings were provided (pages 7 - 9) to reflect how the site is likely to be developed. The plans are provided for illustration purposes only, as the application is not accompanied by a conditional rezoning agreement (proffers); therefore, all elements of the project will be finalized during the site plan review process. ■ The applicant is currently in negotiations with the City on a Development Agreement and cost participation where they will dedicate right of way and construct a roadway connection between Dam Neck Road and London Bridge Road within the alignment of the former Southeastern Expressway as identified in the Master Transportation Plan. This agreement will include language that provides landscape buffers and protections for the adjacent neighborhood. ■ As indicated on the proposed conceptual site plan, the applicant, in collaboration with the City of Virginia Beach will construct a new public road (Road A) that will run along the eastern property line and will connect Dam Neck Road to the north with London Bridge Road to the south. A public road (Road B) will also be constructed that will provide secondary access to the site. ■ The site is located in both the 70-75 dB DNL and the greater than 75clB ❑NL noise zone and a portion of the site is encumbered by a Navy Restrictive Easement. As the specific uses are not identified within a proffer agreement, a specific easement and AlCUZ compliance review by Navy Staff will not occur until later in the site plan review process when all uses are fully identified. According to City processes and procedures, this compliance review must be completed prior to final site plan approval. BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 2 Zoning History # I Request 1 CRZ (AG-1 & AG-2 to Conditional 1-1) Approved 08/04/2015 CUP (Bulk Storage Yard) Approved 08/04/2015 2 1 CRZ (AG-1 & AG-2 to Conditional 1-1) Approved 09/07/2021 CRZ (AG-1 & AG-2 to Conditional 1-1) Approved 3 CRZ (AG-1 to Conditional B-2) Approved 10/29/1996 CUP (Indoor Recreation Facility) Approved 10/29/1996 4 CUP (Pet Crematory) Approved 04/09/2002 5 CUP (Bulk Storage Yard) Approved 06/22/1987 REZ (AG-2 to 1-1) Approved 06/22/1987 6 CUP (Communication Tower) Approved 08/08/2000 CUP (Communication Tower) Approved 02/11/1997 CUP (Bulk Storage Yard) Approved 06/22/1987 REZ 1AG-2 to 1-1) ADDroved 06/22/1987 7 1 IVIODP Approved 12/11/2007 CRZ (AR-20 to Conditional 1-2 CUP - Conditional Use Permit MAC - Modification of Conditions STC -- Street Closure I SVR - Subdivision Variance REZ - Rezoning MOP - Modification of Proffers FVR - Floodplain Variance LUP - Land Use Plan CRZ-Conditional Rexoning_ NON-NonconformingUse ALT- AlternativeComplianre STR - Short Term Rental These requests to rezone this property from AG-1 Agricuitural District and Conditional 1-1 Light Industrial District to i-1 Light Industrial District, as well as the vacation of the proffer agreement for the previously proposed Bulk Storage Yard, in Staff's opinion, are acceptable. The site is located within the Special Economic Growth Area 3 — South Oceana. The Special Economic Growth Area 3 (SEGA-3) is a tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. Portions of this area are impacted by high noise zones, accidental potential zones, and Navy Restrictive Easements. The proposed distribution center is compatible with the AICLIZ provisions set forth in the zoning Ordinance. As recommended in the Comprehensive Plan, the undeveloped tracts east of the South Oceana Special Economic Growth Area are envisioned to be of high -quality employment, corporate parks, and light industrial uses with attractive building designs. The Comprehensive Plan supports development and redevelopment of this area consistent with the City's AICUZ Ordinance provisions and the City's economic growth strategy. The proposed industrial use of the site as a proposed distribution and warehouse facility is appropriate for the subject property and conforms to the recommended uses within the South Oceana Special Economic Growth Area. Staff has reviewed and approved the major conclusions and recommendations of the Traffic Impact Analysis (TIA) submitted for this proposed rezoning. Additional comments will need to be addressed by the applicant during the final TIA process; however, Staff does not anticipate that the conclusions and recommendations will be affected significantly. The TIA includes an analysis of the three new intersections created with this project and seven existing signalized intersections in the vicinity of this development. The TIA concludes that while there will be some minor increases in delay at surrounding signalized intersections on Dam Neck Road with the additional traffic, signal timing modifications BT Holdings 111, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 3 and the proposed improvements will help to mitigate these minor increase delays. Additional review and details comments wiII be provided during the roadway and final site plan review processes. An in-depth review of the stormwater management strategy to ensure it complies with all storm water regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on the considerations above, Staff recommends approval of these requests. A proffer agreement has been submitted by the applicant to vacate and remove the Proffered Covenants, Restrictions and Conditions dated March 31, 2014, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150806000752550. As requested by the Grantor and as approved by the Grantee, those conditions contained in the proffers shall be repealed and vacated (Instrument Number 20150806000752550). Should this Modification of Proffers application be approved, the amended proffer agreement will be recorded at the Circuit Court and serve as the repeal and vacating of the proffer agreement restricting the physical development and use of the property as proposed with the previous change of zoning on the property. Staff Comments: Staff has reviewed the amended proffer agreement and finds it acceptable. The City Attorney's Office has reviewed the amended proffer agreement and found it to be legally sufficient and in acceptable legal form. 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 tones, accident potential zones and Navy restrictive easements. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with military uses. The City supports development of and redevelopment of the SEGAs consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan designates the SEGA as an area where high quality employment, corporate parks and light industrial uses are recommended. The Comprehensive Plan recommends that measures to mitigate negative impacts on adjoining stable residential areas be part of development proposals in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. 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. BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 4 Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 20,700 ADT' 39,700 ADT' (LOS 5 "D") Existing Land Use 2-0 ADT Harpers Road 7,230 ADTI 8,700 ADT' (LOS 5 "V) Existing Zoning s-1,639 ADT Proposed Land Use °— 4,635 ADT London Bridge Road 16,600 ADT' 32,700 ADT' (LOS 5 "D") 1 Average Daily Trips 2 as defined by vacant land ;as defined by a 139.5 acre AG-1 °as defined by a 650,000 5 L05 = Level of Service zoned parcel and 21.5-acre I-1 square foot distribution zoned parcel center and warehouse facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located at the intersection of Darn Neck Road and Harpers Road. In the vicinity of this site, Dam Neck Road is a four -lane divided, access controlled, major suburban arterial, with 165-foot right-of-way width. It is designated in the MTP as a six -lane roadway. Harpers Road is a two-lane collector with a variable right-of-way width and is designated in the MTP as a four -lane collector with a 100-foot right-of-way width. No roadway CIP projects are planned for this portion of Dam Neck Road, Harpers Road or London Bridge Road. Access to the area to be rezoned is proposed to be from a new two-lane public roadway connecting from Dam Neck Road to London Bridge Road (Road A), with a traffic signal at the intersection of Dam Neck Road and a stop -controlled intersection at London Bridge Road. There is a second proposed two-lane public roadway (Road B) that will connect to Road A with a cul-de-sac at the northern end of the roadway. Water & Sewer The site must connect to City water and sanitary sewer. There is an existing 20-inch City water main along Dam Neck Road. There is an existing 12-inch plugged water main extended to the property from Dam Neck Road. There is an existing 42-inch HRSD sanitary sewer force main Located within a 20-foot HRSD Sanitary Sewer Easement along Dam Neck Road. There is an existing 12-inch plugged City sanitary sewer force main extended to the property, located within the 20-foot HRSD Sanitary Sewer Easement along Dam Neck Road. There is an existing six-inch City sanitary sewer force main located within a 30-foot Public Utility Easement along the eastern boundary of the property. Planning Commission The applicant and the applicant's representative conducted a public information meeting with the surrounding property owners and civic leagues on Thursday, April 21, 2022, at the Princess Anne Recreation Center on Nimmo Parkway at 6:00 p.m. to discuss the details of the requests. Prior to the meeting, the applicant's representative spoke with the presidents of the Mayberry, Castleton, and Prince George Estates Homeowner Associations to discuss the details of the proposal and to invite them and residences to the public information meeting. According to the applicant, there were about 11 people in attendance at the meeting. Overall, the applicant mentioned that no objections were raised; however, some concerns were raised regarding an influx of BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 5 truck traffic along Road A to London Bridge Road and the need to provide additional landscape screening for the neighborhoods abutting the Site. ■ As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 11, 2022. ■ As required by State Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. ■ As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. ■ This Staff report, as well as all reports for this Planning Commission's meeting, was pasted on the Commission's webpage of www.vbgov.com/pc on May 5, 2022. City Council ■ As required by City Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, May 22, 2022 and May 29, 2022. As required by City Code, the adjacent property owners were notified regarding both ttie request and the date of the City Council's public hearing an May 23, 2022. • 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 June 3, 2022. BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 6 GONGEMAL SITE LAYOUT t LANDSCAPE PLAN OF GREEGH OUTS i DE STORAGE VIR51NIA SEAGH, VIR&INIA -� r. � sawAC GW a.m ai,aao cwsa�qp ■ca P IM ZW*W Cwwlrw"' M1epeM/uc auk 51 a I I �n'f•I � hhhh 1A i -- L9iAR5EO EdlK PLAN W 2 O Q 7 N r r C7 n go v m n 3 -I Q. Z 07 n rF � m r 3 p C V Ln n OATS: 03/24/ 4 SX+I@' FOR C4NV TIpYwJ_ QeiL41W' roc c ra re r �a.tfn MSA. P.C. �7xiS+R tu��j 757 VA 1a r -rw.wf�TM� oew r RG.� 20 1 + l w, Ilj w y NrY I aw 7 1 OW ��;�.� ��;►►; - � �� ``ter `�' .. III �.•�.•`�� i_: ♦%�� ►�''►►��Ill�r'r � a ►►► 4PROJECT BEACH TAYLOR FARMS SOUTH 1 REZONING , ,1•I R° 73 --1 CLz cu_ .-' r- r 3 m N 4z� C 9 r r cn un n 1 to r I M liHGlC RD1�L0. -N NECK A.7.D ��w -----� }��Y�,pA1�1lr Ap(A fS�AC � a�.7r�:5F[ aw.orx; r 11 J SITE DATA / PROJECTAREk' �/ ' 16079ACt off �� ZONING \ AG1 A CI1(Ex} � %V 1 {PROP} MA%BIIILOING HEIGHT. 120 FT BUILDING HEIGHT: 110 FT �, 1 BUILDING SETBACKS REQUIRED FRONT: 70 FT REAR: 0 FT SIDE 30Ff SIDE CORNER: 30 FT LANDSCAPE BUFFER: 25 FT •I n,.,vc wst SAY - r I/1 r � 1 1 ivK' _ ♦ 1 I ' ` sly E I:r � � � r rr r .r IV. 16 . ;�� r' 10mley*Ham PROJECT BEACH TAYLOR FARMS SOUTH � VlRGINIA BEACH, VIRClNIA REZONING CONCEPTUAL SITE PLAN 4 OF 5 Y.S(�wia �„.yam — — u ;r 1 1.L lJR,] FURAL XWLCMEr . AREA S' De.nTK ROAD ., t � aAN MECR ROAfI wQPO.a TBVLpNG 4 f • �r - 1 r. r �rt�w• r /' c � I + rr . rr4u. r 9 Kimleyf#Horn PROJECT BEACH TAYLCR FARMS SOUTH !+1 �_ VIRGINIA BEACH, VIRGINIA REZONING CONCEPTUAL LANDSCAPE PLAN 5 OF 5 . rQ012 i .2 OD _p pp QO Qd 6 94 C! DO OD 66 "• ! f r I CZ} C}u Q 5. 05 Q d Q Q Q Q Cu i 1 � rl !! J�DrLF �a• lip � , qsl.� P /��•.�/ -i '-1� /i r�r 9Cr[ IF FFEF ,f.. Klmle'y*Hom PROJECT BEACH TAYLOR FARMS SOUTH VIRGINIA BEACH, VIRGINIA RESIDENTIAL BUFFER PERSPECTIVE •,••• '•� 04r2lr2t122 NNW= . M AI ■ BT Holdings III, LLC & PAC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 12 BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 13 Site Photos 40 +<i ��v.• �. i � .Q i � � .�t$�p C 1Now f y-{.��}�'�,� �rti✓_•. ;: :: ,_ ��'t: :may,•' .. x Disclosure Statement XB C-v*f,rvmij b--� 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 POC TN/FL LPIV, a Delaware limited liability company Does the applicant have a representative? 0 Yes ❑ No • It yes, list the name of the representative. Dave France, IGmley-Horn Associates, LLC & R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P C Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? M Yes ❑ No • If yes, list the names of ail officers, directors, members, trustees, etc. beiow. (Attach a list if necessary) William A. Hudgins, Authorised Representative • 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 re laIionship 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 awner in the other entity, or (iii) there is shared management a control between the business entities. Factors that should be considered in determining the existence of art affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entities; there are cammon or commingled funds or assets; the business entities share the use al the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. Revised 11 09 2020 BT Holdings III, LLC & PAC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 15 Disclosure Statement roe �r ssM:., aa.d Planning & Comm Development Known Interest by Public Official or EmAiovee Does an official oremployee of the Cfty 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? & lii_ant Services Disclosure I. Does the applicant have any existing financing imortgage, deeds of trust, cross -col lateral ft at ion, 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 yea, identify the financial institutions providing the service- 2, Does the applicant have a real estate broker/agent/reaItor for current and anticipated future sales of the subiect property? ■ Yes ❑ No . If yes, identify the company and individual providing the service. Gregg Christoffersen- }ones Lang LaSalle (JLL) 3- Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes, identify the firm and individual providing the service. 4. Does the applicant have services from an archltiect,tlandscape architect/Iand planner provided in connection with the subject of the application or any business operating or to be operated on the property? E Yes ❑ No • If yea, identity the firm and individual providing the senice- Dave France, Kimley-Horn & Associates, LLC 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes t No . If yes, identify the purchaser and purchaser's service providers. Revised 1109 2020 2 1 BT Holdings III, LLC & POC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 16 Disclosure Statement YlJtnniJtg �r Ctn►unvnit i Devek)pment 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 ■ ND . If yes, identify the company and individual providing the service. 7. Does the applicant have an ensineer/surveyor/agem in connection with the subject of the application or any husiness operating or to be operated on the property? N YeS ❑ NO . I yes, identify the firm and individual providing the service Klmley-Horn and Assoclates - Dave France 8. Is the applicant recelving iagaiservlom In Connection with the stebpd of the applkation or any business operating or to he operated on the property? 0 Yes ❑ No If yea, idevAlfy the firm and Individual providing the service. Sykes Bourdon Ahem & Levy PC - R. Edward Bourdon, Jr., EK. ADDlicant Sianature 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 pubiit hearing, I am responsible for updating the informatio p ded herein two weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any pubk r committee In connec)ion with this applcation. Applicants S'�attun j YV 1 1 1 r t ►'� "t'•� LA[I q i A 5 �i +� T�i e r +'S .•,1 � P�I.1 C r' h � -�r lac. Print Name and Me 1 I Z-(JZZ— ❑ate f is the applicant also the owner of the subject property? ❑ YCS NO e If yes, you do not need to fill out the owner dWlosure statement. ® I "" 15/24/2022 15tPe - Marchelle L. Coleman 31 BT Holdings 111, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 17 r Disclosure Statement XB r.,, er t-dv:— ea.n Planning & Community -� I"lerelopmerlt Owner Disclosure Owner Name 6T Holdings III LLC Applicant Name PDC TN/FL LIP IV, a Delaware limited liability company Is the owner a corporation, partnership, firm, business, trust or an unincorporated business? IN Yes ❑ No . If yes, list the names cf all officers, directors, memhers, trustees, etc. below. [Attach a list if necessary) 6arbafa T. Creech, Managing Member ■ it yes, list the businesses that have a parent -subsidiary' or affiliated business entity" relationship with the Owner. (Attach a list if necessary) Known In erect by Public Official or Employee Does an official or employee of the City of Virginia &each have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • 1f 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 GovemmenI Conflict cf 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, (h) 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 he 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code 4 2.2.3101. ,?ev+sed 11 09-4020 51 BT Holdings III, LLC & PIDC TN/FL LPIV, LLC Agenda Items 4 & S Page 1$ Disclosure Statement W ram. "bo—. Planning & Community Development Owner Services disclosure 1. Does the Owner have any existing financing (mortgage, deeds of trust, cross•collatere lkation, 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 teal estate broker/agent/ reaIto r for current and anticipated future sales of the subject property? ■ Yes ❑ No . If yes, identify the company and individual providing the service. Gregg Christoffersen - Jones Lang LaSahe (JLL) 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No . If yes, identify the firm and individual providing the service. 4. Does the Owner have services from an architea/landscape architeWland planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E No . tf yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No . If yes, identity 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 husiness operating or to be operated on the property? ❑ Yes t No • if yes, identify the company and individual providing the service. 7. Does the Owner have an engineer surveyor/agent in connection with the subject of the application or any husiness operating or to be operated on the property? D Yes 0 No • If yes, identify the firm and individual providing the service. Revised 11 09.2020 6 1 BT Holdings III, LLC & PDC TN/FL I-M, LLC Agenda Items 4 & 5 Page 19 Disclosure Statement NU Planning & Community pe�elopment S. 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 - Michael A. Inman, Esq., Inman & Strickier, PLC pmm 5ienature l certify dhat all of the Information contained in this DWasure Statement Form is complete, true, and aaurate . I understand that, upon receipt of notification that the application has been scheduled for public hearing, d am responsible Far updating the information provided herein two weeks prior to the meeting of Planning Commission, City Cnurxil, VBdA CBPA Wetlands board or any public body or committee in connection with this apPlication. BT Holdings III, LLC owner Signature Barbara T. Creech, 50le I AM W Print Name and title Date ] L,,7 "C Ststa of �1 r' ,p + County of day vr on 'rMtft appeared � b lore ma pe' fo me knarm to be the peraran Wlu n>tacuted the foregoing ra F1WIerlped tluii h0 executed the same us F her. &a arld � r,m i*+grad] 1-1r—,- 7 - I.. arm 110911)I0 71,., BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & S Page 20 ■ 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 (D5C) to discuss next steps far site plan/plat review. Contact the D5C 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. BT Holdings III, LLC & PDC TN/FL LPIV, LLC Agenda Items 4 & 5 Page 21 Virginia Beach Planning Commission May 11. 2022, Public Meeting Agenda Item # 4 BT Holdings III, LLC (Applicant & Property Owner] Modification of Proffers Address: Parcel on the southeast corner of Dam Neck Road & Harpers Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Our next agenda item is agenda item number 4, BT Holdings Ili LLC, an applications for Modification of Proffers on a portion of a parcel on the southeast corner of Dam Neck Road and Harpers Road in District 5, formerly the Princess Anne District. Will the applicant or the applicant's representative.... Eddie Bourdon. - So. we doing just number four? Eddie Bourdon: Okay- So, the answer is yes. okay. For the record, Eddie Bourdon. Virginia Beach attorney representing the applicant. Mr. Mike Edelman, who is Barbara Taylor Creech's attorney, BT Holdings for Barbara Taylor, she is also here. Ms. Creech's family has owned this property for over a century. This particular part of the property, just under 29 acres, is zoned 1-1 Light Industrial, as Marchelle explained this morning in the informal, it is subject to proffers that were created in 2015 for a bulk storage yard that was not developed. I will spare everybody from the long history of why. At this point, we are simply requesting that the proffers be modified by vacating the proffers and the property would Then be zoned 1-1, as we are proposing for the remainder of the property. Be happy to answer any questions there. Mr. Wail - Any questions for Mr. Bourdon? Thank you. Madam Cleric Mr. Chairman, we have one speaker, Mike Jarred. Mike Jarred: Good afternoon, everybody. Mike Jarred, property owner against number 4. 1 didn't want you to think there was no opposition to this property. As it is now, it's overgrown but peaceful. After three to four attempts at development they have left this alone, which is great for everybody in the neighborhood. The vacating conditions is the biggest concern. At the last change I believe we had a thousand people sign a petition against this property development; but in that situation, we had weeks to prepare and get the word out. This property had conditions and was planned out by the community and Mr. Bourdon and his people. It wasn't the best fit. but at least the neighbors got a sense of productivity and the shaping of the actual landscape. They had moved stuff back. They had it cutting all the way across neighbors and stuff. At this time, we've not had the appropriate time to publicize the changes. We got our mai{ fetters on April 30th. I do ask for a deferral of this application. The orange signs, which we're never placed on this property. The two signs that were placed for four and five, were both placed after that little mark in the middle there, the break at number five, which I have video and pictures of, and 1 can forward to you. But thank you. Mr. Wall. Okay. Thank you. Are there any questions - Ms. Klein: I have a question. So, the item four is just removing the previous zoning changes, item five is the building of this development. Mike Jarred: Right. Ms.Ktem- Can you separate... So, t hear your concerns for five. What are your concerns with just removing the previous zoning changes? Mike Jarred, So, with five, you're going to find out nere soon that there's no conditions, tnere's nothing working with the community so far, and we're already here. Ms. Klein Right. Mike Jarred - So, with four, we went through this over and over. We got a berm built; they had pushed back stuff because it had poked all the way out which really didn't make sense. And a lot of those same concerns are going to come up with number five, that is why is this going this way'? It doesn't really make sense to a lot of the members of the community Ms. Klein: So, is your concern with application Four that they'll remove the berm and other things that they put in place? Mike Jarred Right. Ms. Klein. Okay. Mike Jarred - The conditions that were there. Mr. Coston So, berm is already there? Mike Jarred: Right. The berm was put there in 2015. And it was moved from another property. It's overgrown. I think I sent pictures or something. but it's a huge berm. It's a hundred feet by 15 feet, so. Ms. Klein So, your concern is that if we approve the request. the berm will be removed Mike Jarred. Right Mike Jarred. As the pictures we're seeing, it becomes a lake that.. I don't know how that becomes a lake, but it does. Ms. Klein: Thank you. Mike Jarred: You're welcome. Mr. Wail: Any other questions? That was the last speaker, correct? Madam Clerk: Yes. Mr, Wall. Okay. Eddie Bourdon: Maybe on the next time, we need a picture that actually shows an aerial of the property. Perfect. Eddie Bourdon That's the berm. That berm was put there by Mr. Barber who developed Barber's Self Storage, if this was going to be a storage yard, it was a visual block for the last two houses in Prince George's Estates to so they wouldn't see what was stored in that open area that would've been graveled or asphalted behind the berm. There will be no bulk storage there now, so the necessity for a berm or whether it stays or goes will depend on the future use of this portion of the property. And it may very well be a take. a BMP, but that should be perfectly fine as well because we're not needing to shield the view of a bulk storage yard. There won't be a bulk storage yard. So, the bulk storage yard... I'm not sure if these dimensions are exact, but the bulk storage yard here, so that the tree line and this large berm are what would've shielded Mr. Jared, and I think one other property owner's, view of the bulk storage yard. It is there. And it could stay. I don't think it will ultimately stay, I'm pretty sure it'll stay for quite a number of years because there are no current plans to develop that section of the property, and just the part that there are plans to develop, you're still looking at probably two to four years before that comes online. Eddie Bourdon: The purpose for it has never come to pass. That's the only reason it was there. That's why what we're showing today is a berm which we'll talk about on item number five. Mr. Wall -- Good. Okay. Eddie Bourdon- Any questions? Mr. Wall: I've got some questions. So is this area even part of the... i mean, it's part of the application, just being the whole rezoning of the site, but there's nothing on the layout showing that area. Eddie Bourdon: This is 28. 1 believe there is. There's 28 and three quarters acres of property out of the 161 acres. And at this point--- Marchelle, can you put up the... You have it on here. You have it under number five, I'm sure. The most recent plan? Eddie Bourdon: As you can see, that's where the berm is. Part of the development agreement we'll provide when and ifs there is a development on the remainder piece, this berm and or take. This will have to shield from view all the houses with this berm, that right now is shown here. Not sure what will happen back on the other piece. But the development agreement will provide that, and we'll talk about the rest on number five, that this berm will have to be extended and shield aIt the homes from any view. Well, any view of anything that's going on 10 feet. plus. It can be 20 feet or more once it's up. But at this point, that existing berm isn't going anywhere. Unless it needs to go for the purpose of a BMP. But those are all schematics at this point. Mr. Wall ❑kay. Okay- Any other question? Anybody else? Okay. All right. Thank you. All right. I'll open up to discussion among the plaintiff commissioners. Anybody to like to start? Mr. Redmond Mr. Redmond: Anytime, anyplace anywhere. If someone wants to remove zoning for a bulk storage yard, I'm provably going to be for it. And that's all this is to me. So, it really is about the larger application. We're wasting time here. Let's just get on with the big application because that's what this is really about. I don't know that property would ever be developed as a bulk storage yard, and ultimately the disposition of this berm and anything else is going to be wrapped up into the much larger development. So. unless anybody else has anything to say, I'll be happy to make a motion, Mr. Chairman Mr. Wall. Okay. Mr. Weiner: Second. Mr. Wall All right. So, we have motions by Mr. Redmond, second by Mr. Weiner. Madam Clerk! Vote is open. By a recorded vote of 10 in favor. zero against. Agenda item number four has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE AMENDMENT TO VACATE & REMOVE PROFFERS A proffer agreement has been submitted by the applicant to vacate and remove the Proffered Covenants, Restrictions and Conditions dated March 31, 2014, recorded in the Clerk's Office of the Circuit Court ❑f the City of Virginia Beach, Virginia as Instrument Number 20150806000752550. As requested by the Grantor and as approved by the Grantee, those conditions contained in the proffers shall be repealed and vacated (Instrument Number 20150806000752550). Should this Modification of Proffers application be approved, the amended proffer agreement will be recorded at the Circuit Court and serve as the repeal and vacating of the proffer agreement restricting the physical development and use of the property as proposed with the previous change of zoning on the property. Staff Comments: Staff has reviewed the amended proffer agreement and finds it acceptable. The City Attorney's Office has reviewed the amended proffer agreement and found it to be legally sufficient and in acceptable legal form. Virginia Beach Planning Commission May 11, 2022. Public Meeting Agenda Item # 5 PDC TN/FL LPIV, LLC [Applicant] ST Holdings 111, LLC [Property Owner] Rezoning (AG-1 Agricultural District & Conditional 1-1 Light Industrial District to 1-1 Light Industrial District) Address: Parcel on the southeast corner of Dam Neck Road & Harpers Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk. Our last agenda item for the day is agenda item number five, PCD. TN/FL, LPIV, LLC. An application for Rezoning AG-1 and Conditional 1-1 to I-1 on a parcel on the southeast corner of Dam Neck Road and Harpers Road in District 5, formerly the Princess Anne district. Eddie Bourdon: Thank you, Pam. Chairman Wall, Vice Chairman Alcaraz. honorable members of the Planning Commission. Again, for the record, my name is Eddie Bourdon, I'm a Virginia Beach attorney, and I have the privilege of representing Pannatoni Development Company, the PDC on the application, as well as, as I mentioned before, Barbara Taylor Creech, whose family has owned all 161 acres, 132 of which are involved with this application, for over a century. And Mr. Inman and Dave France is also here with Kimley Horn. Dave is the project engineer. Kimley Horn are the project engineers. Dave tells me that others are doing a lot of the work. most of the work, and Dave's going to follow me and also will assist in answering any questions that you all may have if necessary. Eddie Bourdon: Again, the part of the property we're seeking to re2one is 132 acres out of 161 total. it's located on the south side of Dam Neck Road extending eastward from the intersection with Harpers Road over 4,009 linear feet. The property has an existing tree berm along the entirety of the frontage along Dam Neck Road. The property is partially in the greater than 75 DBN highest noise zone around NAS Oceana and is partially in the 76 to 75 high noise zone. As we talked about there's 28 and three quarters acres that is zoned I-t already for that bulk storage yard that we are seeking to remove, and you all have recommended in favor, as staff has. Eddie Bourdon Most of that area is encumbered by a restrictive use easement taken by the United States of America in 1981 which limits the property's use to tight industrial. That is, again, the piece that we were just dealing with. Our city's Comprehensive Plan has called for this property and all property in this area of the two highest noise zones that were not previously zoned or previously residentially developed, that they be used for light industrial economic development to both diversify Virginia Beach's economic base, and to protect the continued viability of NAS Oceana. Eddie Bourdon. That longstanding land use recommendation and our Comprehensive Plan has been in place for the entire 40 years that I've been practicing law in my hometown. It was significantly strengthened 20 plus years ago after the BRAC process and the resulting regional memorandum of understanding with all the localities and the United States Department of the Navy, which has been implemented provisions in our Zoning Ordinance. This property is squarely within the strategic economic growth area number three, SEGA 3, as it is so designated in our Comprehensive Land Use Plan. This proposed development of a multi -story state of the art eCommerce robotics fulfillment center, which will employ approximately a thousand persons in good and excellent paying jobs with great benefits, and the very substantial capital investment that it represents in our community, is exactly the type of quiet, clean, environmentally compatible, light industrial development Virginia Beach has aspired to attract for all these last 40 years. Decades. Eddie Bourdon The plan, which will be the subject of a development agreement between the applicants, the end user. and the City of Virginia Beach. If, Marchelle, you could put the plan up I would appreciate it. It is a fulfillment center. it's an ultramodern, high-tech combination, warehouse, packaging, and shipping facility. Dave France is thoroughly familiar with these facilities and with their operation. He'll be able to provide you with insight into the operation of the facility and answer any questions you may have in that respect. The building is five stories. It is 650 square feet of footprint. It'll be located on the far northeastern most portion of the parcel adjacent to Darn Neck Road, and to what we've designated as Road A, which is, and will be a dedicated public right of way extending, basically three lanes, from a full signaled intersection with turn lanes at Dam Neck Road, down to London Bridge Road, where there is not and will not be the traffic based on the traffic studies for a signal at that intersection. Eddie Bourdon If you see up there, it's a 300-foot corridor for the Southeastern Parkway which is not going to be built. The pink part on the eastern half, or maybe a little more than a half, of that corridor is where Dominion Virginia Power first choice is to locate their transmission lines, bringing offshore wind energy through to other substations all the way out in Chesapeake. Hopefully that'll be underground. It doesn't have any impact on this development, but we've had to work with them because of their desired location that hasn't been approved by the State Corporation Commission as of yet. So, the road will be on the western half or 150 feet of that corridor. The City of Virginia Beach owns the right of way from London Bridge up to just south of where Road B goes off into the property. Road B may be a public right of way, as you all discussed this morning, it may be private. That will depend and that will be a part of the development agreement with the city. Eddie Bourdon: But with this project, that road will be built. The end user requires access from two points and on two different roads where... That's their priority So, we looked at trying to get the road onto Harpers Road and there are major obstacles to that. And there really is no other way to have a connection further east into Corporate Landing which could get you through to General Booth. So that is the alignment of the roadway. Eddie Bourdon. Mr. Jarred, who was up here previously and I'm sure will be up again, he opposed Ms. Taylor, or Ms. Creech, being able to use the full -on entrance to the property that's on Dam Neck Road. Senator DeSteph tried to change the access when access was lost because of the sale of the prime storage of the Barber Storage Facility without an easement. So, he tried to get it approved, Mr. Jarred opposed Ms. Taylor being able to use that access to access her property. If we use that access, it would make us have to put the building closer to the neighborhood We wanted to put the building as far away from the residential as we could, and that's what we'd done. Eddie Bourdon. - The access to this facility is going to come off of Road A and the truck access is right at the very top where it's a gated controlled access. The trucks delivering and taking away product unload in the loading docks on the north side and the east side. Again, as far away from residential as we could possibly make it and screened by the screening that's already there on Dam Neck Road which remain in place. Eddie Bourdon. We have proposed to not only put the required landscape screening, 25-foot evergreen double row landscape screening, along the back of the properties in Prince George's Estate that butt up against this property. We've also agreed to put up a six or eight foot vinyl, solid privacy fence. They can tell us six or eight feet and what color, they can tie the back of their fences, their side fences into ft so there's not a double row of fencing. We'll put up that fence, put up that landscape area as required by ordinance and we've also agreed to continue that around the corner and come down the west side of Road A where there are other homes that back up to, currently, farm field to do the same thing even though there's not going to be industrial adjacent to them. Eddie Bourdon: On the other side of the BMPs, we proposed a 10-foot tall, 48-foot-wide berm with landscaping on top of it, which we have pictures y'all have seen, that will be basically a 20 plus foot with the landscaping, visual and sound barrier. Even though there will really not be any sound. The only activity that takes place in front of the building are people. employees only because there's no public component to this, employees going to and from the one entrance to the building, there's only one that everybody has to go in and out of for security reasons, and that is at the front of the building. The only activity that takes place outside of the building is the loading and unloading of trucks in that area directly behind the building and at the northeast corner of the building. Eddie Bourdon. I'll mention a couple other things we've agreed to do. We would like to put a berm up on the east side of Road A to help the few homes that would have potential visibility of this facility in Mayberry across the street. Dominion Power won't allow us to do that. We have suggested that it and power that won't allow us to do that. We have suggested that if they will allow it, we'll put up a wall along the side of the road to keep those folks from having any visibility, other than maybe from a second floor bedroom or something like that of the facility. It's above and beyond by a long shot what has occurred adjacent to the west side of this neighborhood. Because of concerns that were expressed, we have provided, that'll be a part of the development agreement. a letter from Ms. Creech, who is the owner of the property, that should, for any reason, this project not happen, and the property's still going to be zoned, that she guarantees the City that she wild not allow the property to be developed without the berm that we're depicting. Although it may need to be located somewhat differently, depending upon how that development might take shape Eddie Bourdon: But the point is that every home in there, in addition to having the fence and the landscaping in the 25-foot area would have the additional 48 foot wide, 10-€oot berm behind the properties to shield them from view of anything going on behind that on the property with any industrial development that is not required under our ordinances at all. There are a lot of other aspects of the development agreement, but the development agreement between us and the City, which would be a publicly known document will be the document that will provide essentially, the protections that proffers provide. And I'll wait for questions before going any more into that. I'd appreciate the opportunity to rebut, and I'm available to answer any questions either now or after Dave speaks, or at the end of the opposition. Jack Wall. Okay Do you have any questions for Mr. Bourdon? Robyn Klein I have a question. Jack Wall- Okay - Robyn Klein: The egress, the truck access that's to the east of the yellow building, I see that there's an ingress and egress right there. Is the expectation that trucks leaving the facility will use that egress and turn right on that public road, or will they g❑ ieft back towards Dam Neck's Eddie Bourdon: It is anticipated, I think it's an excellent question. Ms. Klein, thank you. It is anticipated they'll be basically telling their drivers and there's no reason to go any other way. The truck traffic coming in and coming out, coming in, they'll be coming off of 264 at London Bridge through Drake's Mile to Dam Neck overwhelmingly. It is conceivable that there might be a truck for whatever reason that comes off at First Colonial and comes down ❑ceana Boulevard to General Booth, and then comes in off Dam Neck. And it's also conceivable that there might be some trucks that come in off of Indian River Road on 64 and come down Ferrell Parkway. Princess Anne and come down Dam Neck. But all of the trucks will be coming on Dam Neck. Eddie Bourdon The idea that they're going to turn off at London Bridge Road and go through multiple stoplights on a road, that's not access control like Dam Neck is, it isn't going to happen. Again, there may be an oddball every whatever, but the second entrance is for the purpose of protecting because they operate around the clock in protecting their operation and it's a time sensitive operation; but there's a turn lane. There's a turn lane off of Dam Neck onto road A, there's a turn lane into the site and there's a separate egress from that same entrance. It's a gated and controlled access. and the vehicles leaving will go out that way as well Eddie Bourdon. And go up to Dam Neck, stoplight, take a left. The trucks that are leaving are taking products to the last mile delivery facilities, which are either their own or LISPS, UPS or FedEx. And none of those facilities are South and East of here. So, there's }ust no reason other than an emergency situation that they would go South and take London Bridge Road. And that's the issue. Now, there will be some employee traffic. people who live south and east. but there should be . Robyn Klein - No 18 wheelers driving? Eddie Bourdon: There should be very, very seldom when there's a reason that they have to come in that way. Because to come all the way around your elbow to get to your thumb with stop lights, and then go all the way back up there just doesn't make any sense. Robyn Klein: Okay. Eddie Bourdon. So, hope that answered your question. Robyn Klein - Thank you. David Redmond. You threw the bait out there. So why no proffers? Eddie Bourdon Okay. I didn't realize I had thrown it. See? That's a good question. All right. So, this industry or this business is extremely competitive and it's extremely evolving. I mean, tooking at these types of facilities that have been developed elsewhere in the country over the last number of years, if you look at the first number of them, they've evolved dramatically and they will continue because they're reliant upon and really. Dave can get into this because he knows it a lot better than 1 do. It's reliant on robotics and new technology and new software, and if you proffer a plan, you have no flexibility. And as I mentioned before. the actual construction of this facility is probably two years away. could be a little longer. Eddie Bourdon And that's how quickly things evolve in this business. So, it is conceivable that there may be a change here or there, minor though it may be in the footprint of the building in order to deal with the reality that exists when) this is actually ready to be built. And we ran into the problem across the street, had to come back because they needed a bigger BMP, and had to go back through a four, five month delay, which no one's fault but that is just one example. But they need the flexibility. And because of the development agreement with the city, with the city, it's not just something that they can unilaterally change, but it's something that gives the ability to make tweaks and changes that don't require modification of proffers like we had to go through just to make a BMP bigger. So that's the reason it's not because of a lack of desire to do what we say we're going to do. Eddie Bourdon It's just because we will be spending a lot of time. As you can see. there's a tremendous amount of storm water retention on site. And those issues that we have to go through could also result in pond being larger or smaller. We are directing all the water over to Harpers Road down that major drainage way that handles the southern half or southern percentage of Oceana. So it's just because we need to have some flexibility. We're not going to put the truck unloading and loading docks on the south side of his property under any circumstances, and under the development agreement city wouldn't permit that and we wouldn't even try to do that. David Redmond: Thank you. Jack Wall. Anybody else? I've got a question. Tell me about this development agreement and you don't have to give any specifics to it, but I'm just curious. what's so binding and what makes this such an integral part of this application. Because you keep referring to it that they can't do this. can't do the development agreement. Eddie Bourdon Without the city agreeing to a modification, the development agreement, because there's going to be, and all the monetaries haven't been negotiated, but the city and actually, Mr. Adams is probably maybe a better person to answer this question than I am. But from the developer's perspective. we are working with and will continue to work with the city to be sure that what the city believes it's getting, they are getting. And that's the idea and that goes for the people who five in these neighborhoods and that's what we're doing. But that development agreement will have the same type of issues in there about the storm water, management ponds. about the berm, about the road improvements, who's going to make them. Eddie Bourdon: Whether we share the cost on the city road, road A, the one that may or may not be a public right of way. We are also dedicating all of that 300 toot right of way from a point just South of where road 8 goes off all the way to Dam Neck that the city does not own that's being provided free as a part of this deal. And that includes what the Dominion Power needs for their transmission line if it should go there. They won't have to condemn for that. But the development agreement should, if everything goes according to what we believe. and the end user has been involved in this all along. and this has been going on for a number of months, it should absolutely assure that the development will be what it appears to be including most importantly, the protections. .lack Wall Okay. One question { have is, so that four to five month delay that was experienced on another project across the street, did that have anything to do with the Planning Commission of with City Council? Eddie Bourdon: No, no, na, no. no. Jack Wall- So it wasn't that process? it wasn't the delay, it was just going back through - Eddie Bourdon. No, it was going back through the modification of proffer process because they had to expand their BMP- And it's not intended as a criticism of anybody, but that's what had to happen. And it came back through here and went back to city council and it was approved. But in this business where we as a city are competing with cities all around who want these in their community because what they represent in terms of employment and investment and tax revenue. if something gets pushed back the way this process works with the end users, iet's put it that way, if you're not on schedule, you get pushed to the back of the line. Eddie Bourdon: And so, they're very schedule conscious in everything they do, because the secret to their business is success is how quickly they get product to market, to the people who order it. So, they're all about having a plan and sticking with it. But if I implied that the city was at fault in that, no, there's no city fault init, it's the proffer process takes a long time to modify. whereas, a development agreement to make small changes can be modified much more quickly without having to go through the time expense of this whole process. Jack Wall Okay. The development agreement isn't established yet? Eddie Bourdon. The framework is, but, no, that agreement will have to be approved by City Council David Weiner Mr. Adams, can you come up and just explain real quick? Do you mind? I know you just want to come hang out with us all afternoon if you don't mind. Thank you. Taylor Adams: Thank you, Mr. Chair. Thank you, members of the Commission, for allowing us to be here today. Adding some context to the conversation on the development agreement. As is often common in projects of this size, some public investment is required to induce the prospect. We believe that that public investment, we are in a "but for" environment here where, "but far' the public investment this likely would not happen. We believe that public investment is what gives us the security that we'll be able to provide all of the design elements that Mr. Bourdon referenced earlier. Jack Wall And those design elements being the road A. road 8 and I guess whatever infrastructure that goes along with the water sewer? Taylor Adams. Yes, sir. That's accurate. Jack Wall: Okay. And traffic stop light? Taylor Adams: That's right. Jack Wall. Okay. Mr. Bradley? David Bradley: And Mr. Adams, just to follow up on that because I've been involved in development agreements in the past, and we talked a little bit about this this morning. That will be something that has to go back to City Council right? And there will be an opportunity for the public to comment on that as well. So, the very things that we're talking about today that are still being worked through when they're finalized. the neighborhoods and the public will have an opportunity to comment on that development agreement. is that correct? Taylor Adams: Mr. Bradley, as you likely know better than anybody in this city, that is an accurate statement, yes. This absolutely would go back to City Council. The public would have an opportunity to offer a comment and be engaged in that process. And that would be publicly voted on as Mr. Bourdon mentioned, it'd become a public document following their approval. David Bradley- Thank you. Jack Wall: Yeah, Mr. Redmond. Dave Redmond Mr. Adams, would you speak while you're here, I saw you looking at your watch earlier, but while you're here, would you speak a tittle bit about the competition for this facility and facilities like it? Taylor Adams. I'd be happy too. And forgive me for looking at my watch, the city manager and our mayor are meeting on another project of mine right now and so, I've been getting updates on that. But, yes, sir, for the competition for this is, without violating any of the confidences that have bound me on this project. I would tell you this is what I would tell you is one of the five most desirable clients in the world. Essentially every community. not just in the United States, but every community in the planet that 1 know of would be happy to have this flag flying their community. Taylor Adams. This is a project that I personally have been working on for more than two years. It was important enough to our, to our elected leadership and to the city manager that 1 was asked to work it personally as opposed to handing it off to staff. 5o we believe this project represents a healthy nine figure investment in our community. And as Mr. Bourdon mentioned earlier, we anticipate at least 1,000 jobs - Dave Redmond: Thank you. Taylor Adams: Thank you. Any other questions for me? Jack Wall: Any other questions? Or thank you. Okay. Taylor Adams: Thank you all very much again. It's an honor to be here with you today. .tack Wall: All right. Madam Clerk. Mr. Chairman, we have seven speakers. David France followed by Heather Gotlaboski. Dave France Good afternoon. I'm Dave France with Kimley Horn. I'm the civil engineer working on the project and 111 give you a little bit of background just so that you're aware of what we've been working on. We're in due diligence on this project right now, but we've been working vigorously with staff for the last five months, maybe Longer. In those examinations. what we're trying to do is make sure that this site does actually work. When you talk about things like access management as was mentioned with the roadway connections, that's a resiliency question. When we talk about resiliency in our communities, we also have to think about the resiliency of our businesses and keeping them up and operating. Dave France: And this is a solution that we came to working with staff and working with the potential purchaser here. Similarly, with storm water management, we've been doing our diligence, making sure that we have enough of the land set aside for storm water management. As you know, you've got a very, very stringent storm water ordinance in place, and we wanted to make sure that if we were going to press forward with asking you for this change in zoning, that we could still achieve the project that we wanted to achieve while meeting all of the standards and ordinances. One of my roles. I happen to sit here in Virginia Beach. I actually have a badge because I sit up there some days. I work here in the community and I grew up here too, but I also have the fortune of working with an eCommerce client here across the country on similar projects. Dave France: And so, what this thing does is pretty important to meeting the need that we have in our current community broadly. We all enjoy being able to use eCommerce and to have the reliability of ordering nearly anything and having it delivered to us in a timely fashion. it is simply what our community, all of us sitting and standing and in the audience have come to expect. And without facilities like this in place; that doesn't happen. So, there's a really deep, rigorous process that has gone through to identify this nexus of where is population? Where are employees? Where is the transportation network? Even where is the water and sewer network to be able to serve a project? You have a unique opportunity here. And as a member of this community and a person who's deeply involved in trying to find locations for these sites across the country, I think that it is a huge win for us. And we are committed to working with you as a community partner to make sure that we deliver a project that is compatible with the community but bangs a remarkable asset. Jack Wall Mr. France, your time is up. Dave France So, I'm here to answer any questions you have. Thank you for your time. I appreciate it. Jack Wall. Anybody have any questions for Mr. France? I've got a question. So, tell me about your storm water strategy for this project. Dave France: Okay. On the western side of this property is Harpers Road. Very tip of it touches Harpers. Going down the side of Harpers, there's a very significant channel, that channel moves its way down south into West Neck as it goes further, further south. So, what we're doing is setting aside, I think that we're somewhere in the neighborhood of about 35 acres of this develop -able parcel to create retention and treatment ponds to hold back and detain the water to meet the goals of the current storm water ordinance. As you know. You've got an ordinance in place that requires that we hold the rise to 0.0. We can't change what's going on downstream. Dave France - And so, the only thing that we can do is create huge holes in the ground to hold back that water. I don't particularly like this strategy as a policy, but it is what the policy is and we are here to make sure we meet it So, we've been working with staff. we've gotten the SWMM models from them. We've done the initial analyses to determine that if the project is able to move forward, if we are successful with you, that we are able to meet and accommodate those goals. Deeper into that, there are issues with flooding currently in this area that we're going to have to accommodate. And so, as we go through the detailed process of engineering this with staff. we will absolutely be required to meet all those goals, do all the analyses, and make sure that we have a good performing project. As I stand here today. I feel confident that what we've shown is achievable and that we're not taking for granted the constraints that the fifty of Virginia Beach puts on us from a storm water perspective. Jack Wall Are those BMP's modeled that are shown there or are they just in their actual location? Dave France: No, sir. They've been modeled. Jack Wall. All those on road A? Dave France Yes. Jack Wall: And the ❑ne that's over by Prince George Estates? Dave France. Yes. Jack Wall Okay. Because the water has to go all the way to Harpers, but the BMP's are on the ❑ave France: They're daisy chained together. Jack Wall: ❑kay. Dave France: Yeah, one of the things that we do in SWMM mcceling, I heard in the Introductions that you're an engineer. So, the SWMM model, what it does is it takes into consideration everything all the way down to the final outfall. So, we get from the city a model that is for the entire watershed. We're actually then taking that and putting it into SWMM, which is the same exact model that the city uses. And then, we're building out the design infrastructure in this. So, what you see here is representative of probably 30% design on these bonds. It's not final design, it's not perfect, but we've done enough in that model, using the city's baseline, using the city's criteria to satisfy ourselves that as we consult to our client, that if they move forward with this project, we're going to be able to achieve it on this site. Jack Wall Okay. Any other questions? Thank you. Madam Clerk. Heather Gotlaboski followed by Carl Smithson. Heather Gotlaboski: Good afternoon, Commissioners. Good afternoon, Planning Commission members. My name is Heather Gotlaboski and I am a longtime resident of Virginia Beach, a military officer, and here as a concerned citizen who recently moved into the Prince George Estates neighborhood just last year. 4'm here in opposition to this proposal only with regard to the ingress and egress route that they have highlighted in orange that's actually going to be going between the Mayberry neighborhoods and the Prince George Estate neighborhoods. I just ask that the applicant try to move that ingress and egress route away from the major portions between the neighborhoods just so we can try to limit some of the concerns that we've already highlighted earlier, that were already highlighted earlier by the attomey for mainly the tractor trailer noise. Heather Gotlaboski: The 1,000+ employee traffic that's going to go in and out of the route and also, any lighting that would have to be on that particular road to allow people safe travel off of London Bridge into their place of employment. Our main questions and concerns really from the neighborhood is that we don't want to stop the project. We understand the viability to the City of Virginia Beach. We understand the great opportunity we have here to provide jobs and a ton of growth to the city, and we get that as citizens. We moved into these neighborhoods specifically so that we can remain in this wonderful city with the ability to stay close to wherever we're stationed, working or good schools for our children. We just ask that we try to keep the impacts as minimal as possible to the people Living in those neighborhoods while also benefiting the applicant and their business. Heather Gotlaboski: We're asking them to please, although we do appreciate all of the things that they have put on here from the storm water ponds. what looks like will be fountains in there. I was in attendance on the 21st April informational session. so I did get the opportunity to meet them and speak with them, and they are doing everything they can to help us residents. We're just asking for one additional proposal, which is to just stop the rest of that road being built. If you don't mind that 1 approach the picture over here. We`re not trying to stop the entirety of the road, just stopping it from where it's going to impact the residents here. Heather Gotlaboski: So, we understand coming in and off of Dam Neck Road, we understand that they will have to put in a traffic fight on Dam Neck, but we do see that there probably is the ability to go off of Harpers. Harpers and Dam Neck do already have a traffic light that exists, and if there is any of the components or time or money to be spent for the addition of the route between our neighborhoods can be spent improving Harper's Road for the traffic that keeps it away from the neighborhood and shields us. i see my light blinking, so I know my time's up, but I'm here to answer any of your questions. Jack Wall Okay. Are there any questions for the speaker? Heather Gotlaboskr No? Thank you for your time. Jack Walt: Okay. Thank you. Madam Clerk: Cart Smithson followed by Mike Jared. Carl Smithson. Good afternoon, Commissioners. I think it's been a wonderful day today. I've seen some folks 1 hadn't worked with. I worked with the City for 46 and a half years as a storm water drainage engineer in Public Works Engineering and a capital projects coordinator. So, my expertise is drainage, and I was glad to hear some of the comments that were made by their engineering Kimley Horn, wonderful firm, worked with them in the past, and they're very professional in what they do. I understand that this is a concept plan, and that's exactly what it is. There's no way we're into a final stage where I can even think about additional comments associated with downstream adequacy, upstream adequacy, or downstream impacts from tailwater. Carl Smithson I've lived in Pine Ridge now for 34 years. I worked with this city to on many, many retrofits projects, including some at Asheville Park, Sherwood Lakes, Lake Placid and these were after thoughts, not before thoughts. And that's what our concern is within the Pine Ridge community along with, and I will defer to some of the other speakers in Prince Georges, as far as the access connection between Dam Neck and London Bridge Road. Now, when it comes to the drainage. I'll be working with staff. Don't think I won't, because I want to look at the final product. SWMM modeling is excellent. I was involved with SWMM modeling when they first came out and IT tell you it's a good product, but it's the parameters that go into it and the parameters that come out of it that are the most important. Carl Smithson: Now Harpers Road, London Bridge Road, and what he claimed, not claimed, but he called it as a canal is actually an upper reach of the colony acres tributary, and downstream from that tributary, there's constantly major blockages. I'm glad to see the stormwater bond referendum come through and more money be dedicated to maintenance of these major tributaries and canals because when they get clogged up, it has what we call a tailwater effect upstream. I'll also talk to them about putting some J valves or some title eight valves on their facilities. This is what some of the cause and effects are when you don't keep the title influences out. And the average of four to five times a year in the last six or seven years, I've seen both Harpers Road and London Bridge Road and Dam Neck Road underwater. And it's because of the impact of back to back storms and or seasonal high ground water and the proper level of elevation. And with my tight going yellow, I'll be more than happy to answer any questions y'all may have. ,lack Wall All right. Are there any questions for Mr. Smithson? Cart Smithson: And great to see some of these folks I worked with for years. Madam Clerk: Mike Jarred followed by Ray Odom Mike Jarred: Good afternoon again. Mike Jarred, property owner. Against both applications in Prince George Estates. I'm speaking today for my property and all of Virginia Beach. These two permits will affect the entire city from 64 to 264 to London Bridge extended to Dam Neck hundreds of trucks a day. probably more. I actually found an article that said this type of facility would have up to 6,000 vehicles a day. Mr. Bourdon, I get it. This is his job. Unfortunately, this is our thirst rezoning with him. 111 rewind you back to 2015 when he told this panel that he was storing asphalt in the shape of a road. His word, his pictures, his plans really mean nothing to us. He just said he was looking for a quiet and clean facility. Mike Jarred: As we know this, facility's going to have 57 boarding docks for the 18 wheelers. I don't know how that's going to be quiet and clean. Given the limited time in seven days, we have collected 414 petition signatures against the application. Research. 1 asked you to do some research. Most has been emalled around. These buildings have caused traffic problems, environmental issues. and noise issues throughout the country. In Austin, Texas lines of trucks waiting to pull in, in Chicago trucks would pull in and then not have a place to go, so they would go park in the neighborhoods. Unconditional. I can't believe any property, especially next to neighborhoods would be +unconditional. This makes zero sense. Mike Jared: We need and deserve conditions. Just looking at the picture, I would move things around. There's actually a road driving right towards a cul-de-sac up there at the top where the berm is straight at somebody's house. That can't be but 50 feet away from their house. There are a lot of unknowns with this property. The road splitting the neighborhood is crazy. We heard that the trucks weren't going to turn right, Anybody that drives an 18 wheeler sees two right turns, boom, we're right back on London Bridge heading out of town. 24 hours next to residential is also crazy. The city should have oversight, site planning and traffic building plans. Mike Jared: We mentioned Bill Desteph. He taught us that attempt on this property before that there are 250 year old trees on this property. We are going to save those trees. We don't know. Hurricane Matthew showed us our neighborhood two to three feet away from flooding our homes. Now we'll have 10 feet away from my house some kind of water storage system. After this is approved, if the applicant decides not to build, we just heard that we would have a promise again, but they could literally just turn this into a Conex box stocking field, or they could make it a junkyard. I appreciate your time. Any questions? We appreciate you guys. Jack Wall: Okay. Thank you. Are there any questions for Mr. Jarred? Madam Clerk: Thank you. Okay. Ray Odom followed by Allen Prince. Ray Odom: Good afternoon. My name is Ray Odom. For you Planning Commissioners who don't know me. I retired six years ag❑ from the City with 41 and a half years with 36 and a half in Planning. f was the planner for the Development Services Center. I started doing Planning Commission reports as a Planning Tech in the early '8Ds in tandem throughout my career working with Current Planning. I live in the adjoining neighborhood of Prince George Estates and I'm the vice president of the Homeowner's Association. We had a homeowner's meeting last night and I have been authorized to represent the neighborhood. Jack Wail. You're representing Prince George Estates? Ray Odom - Yes. Prince George Estates .tack Wail. All right, so you've got 14 minutes. Ray Odom - Okay, I don't think this is going to take, but maybe. I figure six minutes. I'm not here to oppose this project. This is going to be a great access to our city and being a city planner and all, I wouldn't d❑ that, but I do have some concerns. TNs is going to be a great asset to our city and can be compatible to joining the existing residential develops if more consideration is given to the joining communities. I am here to oppose placing the road adjacent to single family homes that will carry industrial traffic. And that zoning request is not a conditional change of zoning. Mr. Bourdon has said that road is going to be very benign, but I'm going in the other direction. Planning 101 teaches you that a perfect scenario is that you have residential office uses, commercial and then industrial. That's how it's supposed to flow. This is to separate commercial and especially the industrial uses from residential areas so as to avoid having loud noises, such as from machinery and heavy equipment, fumes, unpleasant orders, et cetera, so residents have a safe and healthy environment to live in. Ray Odom: Unfortunately, we cannot have a perfect scenarie. We have a course. And industrial uses are going to be located adjacent to existing residential areas. We just have to use good design and make good decissons to make these uses compatible. Government's role is to protect the health, safety, welfare, and morals of its citizens in 1926. This is a Village of Euclid versus Ambler Realty. I quote, "The court in finding that there was valid government interests in maintaining the character of a neighborhood and in regulating where certain land uses should occur." What they had was industrial development encroaching upon residential areas. Ray Odom In this case, the City of Virginia Beach is proposing to enter into a joint public -private partnership to construct a public roadway between two established existing single-family neighborhoods. And the applicant is proposing a private road from the public road. Each roadway is directly adjacent to single family homes. These roadways will carry industrial traffic, tractor trailers, and a large number of employees 24 hours a day. Ray Odom My father was a truck driver. I grew up around 18 wheelers. Tractor trailers are very noisy. They give off toxic fumes and unpleasant odors. How is that protecting the health, safety, and welfare of these residents? I have never seen in my career a roadway, public or private, proposed that would carry industrial traffic adjacent to or through a residential area, and, in this case, promoted by the city of Virginia Beach. Ray Odom: There is a 3.8 million square foot Amazon Distribution Center located in Suffolk. It is located at the dead end of a one way out street with a 25 mile an hour speed limit. And its only exit is Portsmouth Boulevard. Mr. Bourdon got up here and said that this applicant right here, which we're not supposed to say who that applicant is. but they require two exit paints for that facility Obviously, they don't. This is a 3.8 million square foot facility. This is the largest building in the State of Virginia. The only other building in the State of Virginia that compares with this is the Pentagon. Ray Odom - All right, And it appears that a little one way street is sufficient. One way is sufficient for the largest building in the state. The proposed facility is located on four lane divided access control, major suburban arterial with a 55 mile an hour speed limit and will have its own signalization. An existing curb cut is loaded to the west, which Mr. Bourdon pointed out that curb cut is loaded to the west. It already exists, and should be utilized to connect the drive out, also located there to the western side of the building. This will provide the additional access provide and directly from Dam Neck Road. That's not sufficient access. This would eliminate the need for the roads adjacent to the single-family homes. Dam Neck Road may require revised designation from access control and a reduction in the speed limit, which will likely happen in the future with more development on this roadway. Ray Odom: Additional landscape screening could then be placed in an area of the private road to further both over the site from the joining homes. So why are we using our tax dollars to negatively impact these citizens? Why are we putting these roads here, adjacent to the residential area with the public road that leads to nowhere. It is only to benefit this facility. Nothing could be positive about putting tractor trailer trucks against single family homes. Would any one of us here want that road next to their house? if the city wants to spend some money, let them improve Harpers Road. Harpers Road provides access to NAS in Oceana and to the Hilltop Area, there on ❑ceana Boulevard. It is currently a two-lane roadway with ditches on each side, and is designated as a four -lane collector on the master street and highway plan. This road needs upgrading and would be the benefit to everyone in the city in the area. Ray Odom: Also never in my career have I ever seen an intersection proposed on a curve. If you look at this, it doesn't really give it the judgment. that where that road is coming in there is on the curve. I have the public work standards right here. I do not believe this intersection meets the mediufn crossover space with the Prince George Estates intersection medium crossover. It also does not appear that visibility triangles requirements and the site distance requirements are being met for a non -signalized intersection. Basically, I did some rough calculations and measurements, and I don't think it comes close to meeting those requirements. I'm not saying that entrance can't go there. It just must be signalized possibly with a no turn on red and red light warning lights on each side of the approach of the intersection. Ray Odom: That's really how bad, because I went out there and stood and looked. You just don't have the visibility. It's not there. I have the police report for General Booth Bouievard to Dam Neck. I used to get these free when I was doing these reports. This one cost me $68. There had been 910 traffic summons issued in the past five years with 396 for speeding, and 173 accidents. I believe traffic engineering caused London Bridge Road, a major collector, which it is. It collects all the residential traffic from the neighborhoods located from the Red Mill Area and beyond. I believe the speeding summons are people rushing to get in front of, to and from work. We do not need to place an additional 1000 employees rushing to get to and from work and mixing in with who knows how many tractor trailers are with the residential traffic by placing the proposed roadway connection to London Bridge Road. Ray Odom- Do we want to turn London Bridge Road into Hampton Boulevard? And never in my career have I ever seen a rezoning of this magnitude not submitted as a conditional change of zoning. The staff reports that indicates that the plan as we are being showed and they indicated are only conceptual plans only to reflect how the site is likely to be developed. 5o. I guess no one really knows how exactly it is going to be developed. I do like how staff put in as the application is not accompanied by a conditional zoning agreement proffers. Ray Odom: I'm sure the staff has the same vote as I have with this not being a conditional zoning request. In addition. there are agreements between the parties, but there are also contractual time limitations. The only thing I think is certain in this word is that we are all going to leave this earth one day. It's not certain that the sun is going to rise tomorrow, and it's not certain that this project is going to get built and the time limitations could run out and every agreement becomes null and void. And then the property owner has 160 acres of unrestricted I-1 zoning in our special economic growth area in adjacent to residential areas. Ray Odom. ❑o you recall what happened in Kempsville a few years ago? It was in all the papers and on the news. There were single family homes that backed up to the railroad right of way. Across the railroad right of way was under unrestricted industrial zoning that had been there for years. They built a computer terminal facility that had large fans to cool the equipment. The noise was s❑ bad, the residents could not sit out in their yards anymore. There is a planning 101 term, not right for consideration. l don't think this application is any close for being right for consideration. I think the way this application has been handled and has been posed with the roadway connection to London Bridge located on the curb, the roads adjacent to the single-family homes, which are obviously not necessary. And the zoning request not being changed the zone, to me. I'm sorry, it's just totally incompetent and embarrassing to our citizen. Mr. Wall. Mr. Odom. I appreciate it. You did take your 10 minutes. Ray Odom I am truly speechless. I don't know how to tell you what to do with this application. Never encountered anything like this before. Excuse me. I did as fast as I could. Mr. Wall: Are there any questions for Mr. Odom? Okay. Thank you. Ray Odom: Thank you, Madam Clerk. Alan Prince followed by John Vogel Alan Prince: How are we doing today? My name's Alan Prince for the record. Thanks for letting us voice some concerns that we have with this proposal. We built our home in 2014 and our house actually backs right up to where the road accessing London Bridge is. So we butt right up to that, with that road running right between my backyard and the Mayberry neighborhood. Every year for the last 12 years, we've fallen more and more in love with our neighborhood. We have a lot of kids. Kids all play together. It's a unique neighborhood that really everyone enjoys. We've never been naive enough to think that something may eventually go back in that cut over between us and Mayberry. We know that it's city land. We know that eventually something will happen. Just two months ago, we were talking about power lines. and then Ray actually approached me in my backyard the other day and told me about the Amazon, the road that would be possibly going back right behind our property. Alan Prince So in doing that, we have a couple of concerns. The first thing about it is just really our way of life. Our backyard is open to neighborhood kids, to neighbors, to families. We have cookouts, we have parties. We have neighborhood functions at our house all the time. It's always something we've enjoyed doing. It's something we take pride in. And i can tell you that with a road, no matter what kind of tree you put in between us and the road that maybe should not be allowing 18 wheelers to use, that is going to change our way of life. Alan Prince. It's going to change our neighbor's way of life. It's going to change our neighborhood's way of life. I've never heard a noise free 18 wheeler. I'm a distributor for Boar's Head. We have six trucks. if you give any of my drivers a chance to take two right turns as opposed to a left turn in the equation at all. they will take right turns every time. It was also said that this is a very time sensitive industry. Two right turns is quicker than, than a left turn and a light. So maybe they shouldn't be doing that turn and accessing London Bridge Road, but they will. Alan Prince. Second, and lastly, I'm already flashing here, is the safety of that turn. Coming out of our neighborhood, I've gone in and out of it 10,000 plus times in 12 years. It is a hundred percent contingent on travelers on London Bridge going the speed limit. And news flash, they do not. So I don't know in what world it would make sense to allow an opportunity to throw 18 wheelers and cars of a thousand people into that mix. Mr. Wall. Appreciate it, Mr. Prince. Thank you. Alan Prince. So, any questions? Mr. Wall. Any questions? Okay. Thank you. Atan Prince: Thank you. Madam Clerk: Our final speaker, John Vogel. John Vogel: Hi, my name's John Vogel. I've been a resident at London Bridge Road for 50 some years. And I was asked today - Mr. Wall Hey, Mr. Vogel, could you just grab the microphone and pull it towards you? There you go. John Vogel. Is that better? Mr. Wa11: That's a httie bit better John Vogel: Okay. Thank you. I lived on London Bridge Road for 50 some years. 1've had a tot of people call me this week asking about this project. It was news to me. I don't know anything about it. And you kind of research it. You can't find anything about it. So, I had them ask me to come today and ask for a deferral and they want 30 days because they have a lot of questions about the traffic on London Bridge Road, and they just want to be heard. That's all. They just have a lot of questions, and they would like it deferred; so they could be heard and somebody could listen to us. That's what I'm here for. Mr. Wall. Okay. All right. Thank you. Are there any questions for Mr. Vogel? Good. Okay. All right. Thank you. Madam Clerk. Mr. Chairman. We have one more speaker Mr. Wall Okay, Madam Clerk: Michael Myers. Michael: Myers Hey, good afternoon. My names Michael Myers. I'm a resident in Prince George Estates. I'm a retired Naval officer, but I've been with a homestead in Virginia Beach for 21 years. Right. So I've been here a long time and I feel like a resident. I feel like it's home even though I'll always be from Pittsburgh in my heart. In the Navy, I worked on aircraft carriers. I worked on surface ships. I worked in a lot of high noise environments, right? So my wife's like, "Hey, we're going to buy this house. It's in a high noise environment." I said, "Okay." No change. right? No change at all. And when you buy a house near Oceana, you sign up for the jet noise and you sign up for the helicopter noise. And the other day, there was a helicopter flying low and slow over the house and woke everybody up, drove the dogs nuts, went outside to look. All the neighbors are looking at it. Part of an exercise. We sign up for that. Michael Myers: What we don't sign up for is we don't sign up to be in the group that says, "Hey, these people live in a high noise area. So, they won't mind listening to a hundred trucks idle 24 hours a day. They won't mind listening to trucks come in and out, honking horns, loading, unloading." Only feet from our house, from our backyard. We didn't sign up for that. We signed up for the sound of freedom. We take the jets, and we take the helicopters. But those events are not 24 hours a day. There are a couple hours a week probably, maybe 10 tops, right? They do exercises. It ramps up, it ramps down. Some weeks, it's completely quiet. We put this facility in, it's going to be constant noise. Michael Myers: As I got up this morning to come down here, I looked out the front window. I heard a noise and I could look out and I could see from my window. i could see clear across the Reid that's in question. And I could see the other side of the field. And I imagine in my brain who would want to do that to a neighbor, to build a five -story facility? And I don't have a problem with the facility. I can look at it. I'll look at it for you, right? Every day. It's going to bring jobs to the community. Michael Myers: However, right, the building is quiet and clean. The trucks are not quiet and clean. The building is state of the art. The trucks are not state of the art. right? And my dad used to say whenever somebody offers you a really good deal. you have to be careful. Why are they agreeing to spend all this additional money to go over and beyond? And we heard them talk about how awesome it's going to be with all the berms and the trees and fences. And they're going to build roads here and there. There's something amiss. And I request that we defer this matter to look at it more thoroughly for traffic and noise and other social impacts the community. Thank you. Mr. Wall: Okay. Thank you. Are there any questions for Mr Myers? Oh, Mr Myers? Any Questions? No. Okay. Thank you. Madam Clerk. No more speakers Mr. Redmond. Okay, Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman, Mr. France may help me out on one of the issues if you all want to talk about it. I want to thank all of the folks that came and spoke today. And we certainty agree with Heather's comments, and we believe and are continuing, and we'll continue to do what Mr. Odom alluded to. And that is. try to do everything we can do to protect this neighborhood in the high noise zone, surrounded by Industrial, including the industrial that surrounds the entire west side of this community with nothing like what we are proposing with this development, not even in the same universe. Eddie Bourdon: The last gentleman, Mr. Myers, we have done a noise study. and I didn't go through this in my original presentation. The closest dwelling to the southwest corner of the building is two football fields away behind a 25-foot wide, heavily landscaped buffer behind a 48-foot wide, 10 foot tall with landscaping on top berm, closest to their residence. Eddie Bourdon - And then you've got the building, and the whole building on the other side of that is where any offloading would take place. The rest of those homes are even further, five, six. seven football fields from the front of the building. Okay. Behind the same landscape screening. The noise study indicates that any noise that they would hear from operations behind the building and on the east side of the building are below the ambient noise level at their backyard when there aren't any planes or helicopters or anything else flying around. Just to be clear. Eddie Bourdon: There's nothing taking place that's going to increase the noise level in their backyards from the operations behind and beside the building. And the fact that you'll have cars on road B. we've tried to minimize that with three entrances to the facility, to the parking lot on road A, entrances and exits. Road A. the pavement width within a 150 foot right of way wilt be 36 feet wide. We will have 55 to 60 feet between the edge of pavement and the back of any home lot, in which again, we've agreed to put up a fence and a landscape buffer. Eddie Bourdon: And there's additional land there. We could push the road further. but we have to stay 50 feet off of the Virginia... Hopefully the power lines will go underground here, where they should be. But if they remain above ground and that decis+on hasn't been made by the state corporation commission, we have to stay 50 feet off of their towers. Okay. So that's the only reason it's 60 feet. But that's exactly what we're talking about, which can be landscaped. But in saying all that. we're doing everything we can do, and I know the city will do the same. But I also believe that a lot of what you've heard has been extremely exaggerated as far as the idea that there's going to be a lot of trucks coming up and down this road. That will not be the case. Eddie Bourdon! And it's not to say there will never be a truck go up and down that road. But trucks, tractor trailers, including you go up and down London Bridge Road, and there are homes in that neighborhood that are right out on... Only handful couple on London Bridge Road, as there are throughout the city. But the analogy to Hampton Boulevard is way off base. The development team city, we're doing all that can be done and will continue to do so to make the impact as little as we can feasibly make it. And everything is being done. I've been involved in for months now, as well as being done, trying to make it as least impactful as possible. But remember, this is the outlier if you will, because it's in the area that if it hadn't been developed back when it was. and didn't have zoning from way back, it would never have been developed. Eddie Bourdon That's why that's mentioned that in my presentation. It's been 40 years that we have in our comp plans, said, we want to protect NAS Oceana, and we don't want incompatible residential. And there hasn't been any approved, but this was zoned way back. And so that's why it's there And it's a nice neighborhood, not trying to try to knock anybody's neighborhood whatsoever. Eddie Bourdon: But what is happening here is we have been making every effort and will continue to make every effort to try to make sure that their peace and tranquility is not impacted anymore than would've been the case with the Southeastern Expressway and green belt going over that same right of way with an elevated road going over London Bridge Road, because that's what the plans... There was no intersection there. It had been elevated. And remember, that's going to cause noise to g❑ out from that point. S❑ that was there on the books before these homes were built as well. Be happy to answer any questions you'll have, and Dave's available to do so as well if you have any questions that he may be better off answering than I. Mr. Wall All right. We'll start with Mr. Horsley and then Mr. Alcaraz Mr. Horsley: Mr. Bourdon. Didn't you say that the products that have been brought here are brought in by trucks? Mr. Redmond: Yes, they are. Mr. Horsley - And then they're hauled out by trucks? Eddie Bourdon Yes, they are. Mr. Horsley Okay. So you got any rough idea how many trucks per day that is? Eddie Bourdon: Yes. The truck trips, and remember trips coming and going. truck trips a day, a total of 494, just under 500 trips per day, a trip being defined as a come to and leave. Mr. Horsley: Okay. And I think I heard you say they're going to go out and go down Dam Neck and go to this other distribution area? Eddie Bourdon: Yeah, The trucks that leave here with product that has been ordered from here go to the last mile distribution centers, which are their own facilities, which there is one that's been approved across directly Dam Neck Road. But there could be others of there in their system that this could go to, or they might go to. This is regional and to the United States Postal Service, the UPS, and FedEx. And there are none of those that would take a truck in the southeastern direction. Mr. Horsley. So that's what I was getting at. So, there's no reason for them to come down the road to London Bridge. And there's no reason for them to go up there and turn right. Eddie Bourdon: Correct. Mr. Horsley: They go up there and turn left and go out. Eddie Bourdon: And that's a signalized intersection and you're on a timited access roadway. And that full on entrance that's there that we're not utilizing, which will be burned in landscape, which the community did not want to be used for the development of the western part of the property, that is too close to the proposed entrance to meet because of the limited access nature of the road and the maintaining of the speed. That is too close in order to be able to be signalized. So, it would be dangerous. And again, there's been a lot of time and effort looked into trying to look at all the alternatives to get a second point, basically emergency access. Eddie Bourdon. And this was the one that makes the most sense. Again, we've agreed to put a wall on the east side of the road, if Virginia Power will allow it and we can fit it in. And I think we can help the folks in Mayberry. And we will work with this community on the Prince George Estates to see if there's more that can be done in that 55, BD -foot area. But we're not talking about Hampton Boulevard right up on the back of somebody's property. I mean. the back of those houses, forget the lot, the houses themselves are going to be 85, 95 feet from the edge of pavement. Mr. Horsley: So, 4 appears to me that the traffic on the lower end would be mainly employee traffic, going and coming to work. Eddie Bourdon Correct. And the trips per day, again, coming and going being a trip, is around 1.300. There's a lot of exaggeration. A thousand employees, that doesn't mean that there's going to be every day a thousand trips. But it's 1,321 is the total trips, coming and going being a trip. Mr. Horsley. And that's a 24-hour day Eddie Bourdon And that's a 24-hour day. And the number that would be coming from the southeast is a fraction compared to the rest of the city where the majority of the people working here will be coming from, the east or the west and the north. But 1 didn't go through it on the.. It's in the study, but it's a smaller percentage, whether it's 30%r 25%. Don't know. Mr. Horsley- I submit, it'll probably more people using that road as a cut through to get to Dam Neck than it will be going to... Eddie Bourdon Well, and that was a concern that was expressed at the public information meeting. And again. there's a willingness to look at possibly some traffic calming mechanisms to keep that from being as attractive because this will be a lot safe. I mean. Harpers Road, I`m very familiar with Harpers Road. Harpers Road is inferior. I mean, I'll agree with Mr. Odom a thousand percent on that. and anybody else would agree. It's not a dispute, but the ability to make that road safe and to improve that road is a major monumental task. And it's not just the section between Dam Neck and London Bridge. It's going all the way up by NAS Oceana. Mr. Wall - So just on the same theme, the roadway, that piece that's between Mayberry and Prince George Estates is owned by the city And so the city's putting the road in... Uh-huh (affirmative) Yeah. Eddie Bourdon. Up to basically right in here. That right of way is owned by the city. Everything above it is not, but we'll be with this. Mr. Wall. Okay. And I think we can keep going on this, but the need for that, is it a need to extend that access off Dam Neck to London Bridge? And this may have been addressed, but I just want to... Eddie Bourdon: Dave, you want to talk about that? Dave France: I said something about resilience and resiliency, and one of the speakers brought up that there's only one point of access to the site in Suffolk. And that's a true statement. When this tenant was looking at this site, one of the things that stood out to them was wanting to have two means of ingress and egress that was not just limited to Dam Neck Road. It just didn't feel comfortable that for the way that this site worked and given the environmental constraints and flooding that happens on Dam Neck Road, that they wanted to be limited to just one access point. Dave France So, the need for that is really driven by the idea of having a resilient facility, keeping in mind that the type of investment that we're talking about here, the capital investment in the community is one of the largest investments that you will see in your community, just from strictly the dollar value of this facility compared to anything else that we have as an employer. This would be one of the largest ones that we have in the community. And so just like if you had a military base, just like if you had a steel, all of those other people, they're going to want to have a back door, an option that gets them safely out. And so that's what we were asked to try to come up with. And working with the city staff, we identified that old route through old southeastern expressway as a way to accommodate; providing that resilient access. Mr. Wall So, you mentioned safety. It was brought up by someone about the safety of the location of that on the curve. Can you speak on that? Dave France: Sure. We've been working with staff on that exact issue. The thought that was put forth that in 40 years, the planning person's career, they'd never seen a road built on a curve must be an exaggeration, because certainly as a roadway engineer myself, I've done plenty. There are safe ways to do it. You just have to follow guidelines that are published by AASHTO that are Public Works manuals that guide all of that. So, there's a process for going through that we understand and know and have looked at. An example for instance, is the spacing between the existing entrance to Prince Georges, and where we have our entrance shown on the original sketch was too close. We're working on moving it over so that it meets the minimum spacing requirements. That's requiring us to go back and work with Dominion because we're trying to meet a lot of different criteria at the same time. We're certainly aware of them. We certainly intend to provide a safe facility. We would not be approved, when we get to the staff level approvals, to put a roadway in that didn't meet ail of the city and regulatory standards. Mr. Wail. Okay. Donald H. Horsley. Just one comment. Maybe 30 years ago when the Southeast Expressway was voted on and approved, it was supposed to be a highway through here and it's never been built. I mean, this'll be one of the small portions of that highway that will actually be built if it goes through. Dave France Precisely to your point, precisely why we looked at that as being an option. was that in the City's Comprehensive Plan for longer than I've been around doing engineering, before I was even out of school, the Southeastern Expressway has been a transportation corridor. Now. what we're talking about doing is certainly far less impact than what that corridor would've been, It should have been developed as a limited access highway. We're talking about, essentially, a two-lane surface roadway to provide secondary access for a community asset. Mr. Wall - Okay. Any other questions concerning the infrastructure? Particularly the roadways on this one. Okay; Mr. Atcaraz. George A. Alcara2: Yeah, Mr. Bourdon, I'm going to ask in respect to the speakers of Mr. Tajan, some of the speakers said they weren't notified, and they want a deferral. Can you talk about the advertising and all, and just make sure it was all up to par? Bobby Tajan: Right. According to the mailing and the application that's in front of us, as noted by Mr. Bourdon, there's a portion that's being shown here that is actually city property and not a part of this application. But according to the mailing list that we have we mailed all adjacent property owners and the applicant noted that they posted the signs accordingly. You may want to ask the applicant about the required signs. So. Eddie Bourdon - And Kimley-Hom handled all that. They've provided pictures to the City with the signage. As an adjoining property owner, I got notice of this from the city many number of weeks ago. We reached out to the President of the Castleton Community Association, the Mayberry Community Association, and it took a few more days to get in touch with the property manager for Prince George's Estates Association. There was no one listed for Pine Ridge. We got out notice and had a good turnout and a very good meeting with about a dozen of the citizens of those three communities about, I guess it was probably 25 days. 20 days ago, 15. 1 don't remember, but it's been more than a couple weeks. To go over everything. xrn-.19 erm They were able to take pictures of the plans and we spent a considerable amount of tune going over and answering questions and gave our information if anybody had any questions and wanted to discuss further. And I have had some discussion with some of the folks since that time, who were at that meeting. So it's- Mr. Wall. Outreach was done? Eddie Bourdon: And there's been a big social media presence ❑f some of the folks that were here today. Spreading the word and trying to get signatures opposed and things of that nature. So it's not a secret, wasn't ever intended to be. Mr Wall Thank you. Eddie Bourdon Thank you. Mr. Wall. Okay, Mr. Redmond. Dave Redmond - No, I was just going to- you're good. You're good. I was just going to ask before we go into our debate, I think it's appropriate. I see the City Manager's joined us and Mr. Adams is still back there. If they had anything more to add, I thought we might ask if they had anything to add. Don't have to, but I want give them that courtesy. They spent ali afternoon with us Patrick A. Duhaney: Yeah, I don't have anything. I just really came to.. I was really just here to just listen to the deliberation and hear some of the concerns and hear some of the feedback about the project. I don't really have anything to add to the group. But as the developers mentioned, this is a pretty gigantic momentous project that is an opportunity for Virginia Beach that'll take us to another level. We are definitely interested to see how it goes. Obviously, you all have a difficutt decision as you weigh the merits on it, and also the impact of the community as well. So not really mere to put my finger on the scale in any way, shape or form. We're really just kind of here to debate and hear the concerns so we can address them accordingly. Thank you for the time and opportunity to come here and speak before you. Dave Redmond: All right. Thank you. Thank you. Okay. Thank you for being here all aftemoon, by the way. Mr, Wall. Okay. All right. Just... ❑onald H. Horsley: We've heard a lot about traffic today and we haven't heard from our traffic man. Ric, would you come up and I want you to tell me if you've heard anything today that threw out a red flag to you concerning the traffic situation here. Ric Lowman: Ric Lowman, Public Works, Traffic Engineering. No, I haven't. You know, the assumption about the trucks, that was an assumption that we worked with the developer on and we tried to figure out why trucks would make a right turn coming out of there, when their ultimate destination is not going to be London Bridge Road, or anywhere off of London Bridge Road. That's why the traffic signal's being provided there at Dam Neck Road, for safe, reliable, easy access. In fact. in working with one of these distribution centers, they said that their trucks can't make a left turn and they'd rather go to a traffic signal than, than not a traffic signal because of the safety factor. We took that into consideration. The only traffic that we really routed down Road A towards the London Bridge Road was employee traffic and a little bit of background traffic. Because we do realize that some people will use that roadway as a pubtic roadway to get between London Bridge Road and Dam Neck Road. Although it's pretty much limited to the Castleton residents and maybe some of Prince George's Estates and Mayberry that find it attractive to use. Donald H. Horsley: Thank you, I appreciate your comment. Ric Lowman: The one other thing that I did want to point out, it was mentioned that London Bridge is a collector roadway. London Bridge is an arterial roadway. It carries over 16.000 cars a day. At one point, I think it carried 25.000 cars a day, but I think Nimm❑ Parkway and some other roadways the city's built has lessened the demand for that roadway. But at one point, London Bridge road carried over 25,000 cars a day. It's much more than a collector. It's a vital arterial through the City of Virginia Beach for trucks and vehicles. One last thing about active transportation on Road A. The city, through the development agreement, is going to push for both the sidewalk and a multi -use path to be placed along Road A to get from London Bridge road to the bike path on Dam Neck road. That's also a very big amenity for people getting from London Bridge up to Dam Neck and using that route through there. Mr. Wall. And that presumably would be on that Eastern side that Mr. Bourdon talked about? Ric Lowman. It'll be alongside the road. It'll be part of the roadway right away. Mr. Wall Thank you. Ric Lowman: Any other questions? Donald H. Horsley: Thank you, Ric. Mr. Wail. Anybody else? Mr. Aicaraz. George A. Alcaraz: One of the speakers mentioned a concern about the turn lanes and the right turn, left turn. Do you see any problem there in the future, as far as the plan review? Ric Lowman; Down at London bridge Road? George A. Alcaraz: Mm-hmm (affirmative). Ric Lowman You know, I took a look at it real briefly there on Google Maps after the comment was made. It isn't a curve, it's a very slight curve. I have full trust in Kimley-Horn and my design review engineers here at the city to make sure that all AASHTO, state, federal, and local standards are met as far as site distance. George A. Alcaraz Great. Thank you. Ric Lowman Sure. Appreciate it Eddie Bourdon: Chairman, I'd like thank Ric. Because that was one thing I was remiss in not mentioning because we didn't tell the communities this. That there will be a multi -use trail connection going from London Bridge all the way to Dam Neck. And there is a fantastic multipurpose trail that runs along the north side of Dam Neck Road You can g❑ all the way to Red Wing Park, the Oceanfront, and all the way down to the Princess Anne Park soccer complex, which I've done many times in my younger years. And we got a positive response from that at the meeting that will happen, as well as sidewalks on the street as well. Mr. Wail - I do have a couple questions, a couple more questions. Eddie Bourdon. Sorry. ►fLAFRA1,73 it Tell us a little bit of the history. Because there's an industrial area next to Prince George Estates. Can you give a little history; which went in first? Who was there before? Eddie Bourdon Well, the Barber Storage came first and, but the Prince George Estates was right after that. The former Planning Commissioner who was here earlier this afternoon, Mr. Whitney Graham, developed the smaller storage facility with his partners also, and that was developed, I think it was after. I'm not sure that all of the homes in Prince George's Estate had been built when that storage facility was done. I can tell you from experience with Mr. Barber, Mr ,barred referenced it. That's okay, he can blame me, but Mr. Barber made some deals with the original purchasers of those houses behind him that he wouldn't have to put the landscaping in and they've had, they had a lot of problems with that facility. But again, all that's there in some instances is just a fence. But there should have been landscaping. Mr. Graham} did do his landscaping, now. Mr. Wall: That's an example of 25-foot buffer. Eddie Bourdon Correct. Mr. Wall. Industrial next to resident. Eddie Bourdon: Correct. And that's the perfect juxtaposition versus what we're talking about here. Mr. Wall Another question is, flow many applications that you've been a part of, do not proffer anything with the application? Eddie Bourdon: This is, as you have heard from numerous speakers, not your everyday application, okay? And your typical application that I would come up here and talk about, is not this type of an investment. It's not in anyway similar to this. This is unique. So, the answer to your question is, this is unique. But at the same token, devetopment agreements to control large developments, I Believe i could be, I don't want to paint too broad. I believe that Town Center was done under development agreements. Okay? And that zoning was created for Town Center. That's a development agreement. So, it's not unheard of at all. but personally I have... I can say I've done a lot of things, but this is something that's, as far as the level of investment on one piece of property, it's tremendous. Mr. Wall How many would love to have no proffers with their application? Any of the applicants. Eddie Bourdon: Again. if you're doing a development agreement that accomplishes the same thing, because you're talking, as Taylor Adams explained, if you're doing something of that nature, that's exactly what you would want. Especially in the circumstances with this particular industry. This isn't a, for lack of a better way to characterize it, pedestrian type of development that we deal with on a daily basis and in 40 years of dealing with this stuff Mr, Wall. Right. Eddie Bourdon: Development agreements will accomplish that. Again, I'm sorry. but the only risk that's involved with the development agreement versus the proffers is the berm and the landscape buffer coming down Road A and what else may come along that we may agree to on Road A. I don't know, but other than that. the rest of it is a better development than if you... I mean, look at all the other industrial that's out there. I'm sorry, it's not as nice as this will be. Mr. Wall: I would tend to agree. The only thing is if this doesn't get built. then it's open to, and if there's nothing in writing... Eddie Bourdon: Well, no, that's not true. That's what the development agreement with the letter you have from Ms. Creech would guarantee that what they're getting here... Now, as far as whether the road gets built or not, or whether access winds up being different because it's not as major of a facility, but what protects the neighborhood is the berm and the landscaping. Just as Mr. Jarred talked about, which they wanted for that storage facility. That's the protection, that blocks noise, it blocks all kinds of light, et cetera. It's the 25-foot landscape buffer, it can be adequate in certain circumstances, but in this case, it's a whole Jot more. And that's what that letter guarantees that they will get if that should happen. That's really the issue. Mr. Wall Well, the fetter just says 25-foot landscape buffer and a 10-foot berm. That's all that fetter says. Eddie Bourdon: It's a 48-foot wide, 10-foot-high berm with landscaping on top of it, in addition to a 25-foot buffer. Mr. Wall -- Okay. Thank you. All right, thank you. Yeah. Mr. Bradley. David Bradley- Are you ready for discussion? Mr. Wall: Yeah, no more questions. So, let's close it and open it up to a discussion among the Planning Commissioners. Thanks. David Bradley: Well, this is in the Princess Anne borough. So. I would just start, it sounds like we have a real opportunity here. We've heard that from Taylor Adams and the City Manager, and I think it's going to be a real opportunity for the neighborhood too. I'd like to just explain that. As you drive from General Booth down Dam Neck towards Gceana, and you look at that whole area to the left to Corporate Landing Park, this property is ripe for development. It's been in our Comprehensive Plan saying that. It sounds like it's going to be a heck of a capital investment, but it also is an opportunity, i think. for the neighborhood through the development agreement. David Bradley: That's why I kept bringing up this morning, and this afternoon. I've worked with the leadership of the city. I have great respect for them. I think that they will incorporate the necessary protections for that neighborhood. We just heard about a bikeway, another opportunity there that could occur because of this. I would encourage the neighborhood to stay engaged with this process. That southeastern quarter, i started in the City in 1988, and it's always been Intended to be a transportation quarter in some form. I think that's another opportunity through the development agreement to provide protection for the neighborhood. So, I'm going to support this. Mr. Wail. Okay. Thank you. Mr. Weiner. David Weiner: All right. I'll be quick. because really, all my concerns have been answered and I'm on board with Mr. Bradley here, everything he said. I d❑ have to say one thing on the storm water, Wow. I've never seen a piece of property with so many BMPs. I don't see an issue there whatsoever. The only thing I've been looking at this for the last couple days, was the trucks. I didn't have this. what Mr. Bourdon gave us today. This is really interesting, because I did measurements here and really and truly, the truck entering and exiting the facility is only 400 feet from Dam Neck. I don't think they're going to want to go down to London Bridge if they're right there at Dam Neck, where they're coming in and out, they're going to be right there at the light. That was my biggest concern and I have no concerns now. looking at this. So. I'm going to support this also. Mr. Wall. Mr. Horsley. Donald H. Horsley: I think this is an excellent opportunity for the city also. I'm a newcomer to the city. I didn't come here until 1970. but I've been here ever since. It's always been assumed ever since I've been here and heard anything about what was going in the city that this area next to Oceana was going to be industrial development. We are finally getting there. It's taken 50-some years to get there, but we're getting there. I think it's an excellent opportunity to get an outfit as big as this one to put a building and invest as much capital in there for the city. I think the city needs to do what they can to make sure this deal happens. I think they are working on that hard. And the storm water, I mean, with the strict storm water we've got now, I appreciate what Mr. Smithson said about, he worked in drainage and storm water and all when he was here - Donald H. Horsley: I've worked in drainage in storm water for a pretty good long time too. I have more problems with storm water than most developments do, with the farm fields we got. That's the reason we stay constantly keeping up with that drainage. I understand that. and the new drainage requirements we've got go way beyond what I think it's necessary. I go along with them, but 1 think they go far more than... you can't predict a 500 a year flood and things like that. So anyway. in the road situation. I've had conversations with some of the folks about the road situation. I think they've done an excellent job and I appreciate the explanation of the two accesses that they needed. I can understand that. Donald H. Horsley: I also appreciate the idea that most of these trucks aren't going go down that road. Probably. I'm not going to say none. I'm sure I'll get the phone call. "Well a tractor -trailer just went by my house this morning." But I think the traffic doesn't have any reason to go that way. I think it's providing access for people who are going to go to work there to the facility from the London Bridge end. I think they've done an excellent job in doing this and I`m going to support it My vote will be in flavor of it today because I think it's the right thing. Mr. Lowman came up and put his rubber stamp on the traffic thing, that kind of sealed the deal for me. I will be voting in favor. Mr. Wall. Mr. Redmond. David Redmond I'II just add a couple points. He said a lot of that much better than I can. I see this road, Road A. as a significant public benefit. I do not see Road A as wearing a black hat. I mean, this is about our entire city. It's about all of us. It's about all of us who utilize our road network. None of these roads we're talking about. Dam Neck Road and London Bridge Road, or little meandering country lanes there as Mr. Lowman pointed out, major urban arterials. The fact that we can add some infrastructure as part of this, in addition simply to this magnificent facility, to me is a real benefit. As Ric pointed out, particularly when you can add some amenities along it. Now it's more complex, because there's a power line and all that, and these folks got to sort it all out. David Redmond: But to me, that is a sweetener. It's not a detriment. There is not a facility in Virginia Beach that is as technologically advanced as this one is. As he said. the robotics, there's going to be tens of millions of lines of unique software that runs the facilities in this thing. It's surrounded by stuff like storage units. that all came about as a result either because they were already zoned that way or because brat came along and then we had to change our focus and put things in— This is a real gem. Not just in terms of its investment, the enormous amount of jobs that it will bring, the prestige that it will bring with it, but the technological advancement that will be operating in Virginia Beach is very, very rare, David Redmond: It's not unique, but it's very, very rare. And we're very fortunate, I think. to have that. With all that, I will say, I do want to commend Mr. Adams and his superb team, and the City Manager. I know they've been putting in a lot of work on this that we didn't see. They spent most of their day here with us. That to me tells me that this is an enormous city priority. It should be when you look at it, based on the facts and all of the benefits that would accrue from it, on a piece of property that Mr. Horsley correctly has said, and Mr. Bradley correctly has said, was always going to be an industrial property anyway. Only this one is the gold standard of what you can expect from industrial development, particularly in the shadow of Cceana. Sorry to take so much time, but thank you, Mr. Chairman. I'm happy to support it. Thank you two again, for being here. David Weiner. Piggyback on Dave real quick Mr. Wall: Okay David Weiner: Just real quick. t want to go another direction real quick, because you brought something up that I. meant to say, but I didn't. With the amount of employees coming to this facility and the amount of employees incoming to the other facility we just approved six months ago. Let's all remember when we get some apartments coming in front of us, people need to five somewhere. Okay. We're very short housing as the city of Virginia Beach. Please keep that in mind in the future. That's it. Mr. Wall: Ms. Klein. Robyn Klein: Okay. I do intend to support the project, but I hear the concerns of the neighborhood. I am not as optimistic as some of my peers regarding where the truck routes will go. t don't like making a left turn and I drive a sedan. I can't imagine driving a huge 18-Wheeler and having the option of a right turn versus a left, even if it's a little farther out of the way. I hope that the city will take that into consideration as they move forward. The neighborhood overall seems amenable to the project, so I do hope that you take those concerns seriously. On a slightly more personal note, the City Manager and I are almost the same age, and I think that i chose the wrong job course here going into social work. I applaud you. But I do intend to support the project, and I appreciate the Involvement of the neighborhood. John H. Coston: I too will support. Robyn brought up something about not wanting to make that left turn, but when you drive something that twig, it's about the destination really. Can the truck fit, and how fast can I get there? I'm glad that there's going to be two ways in and out for public safety, because I don't want to see six heavy duties trying to get in at one end, and there's a bottleneck. In an emergency. you need those two paths of ingress and egress. I will be supporting it as well. Holly Cuellar: Yeah. i plan on supporting the project. This is probably the biggest project that I've had the opportunity to vote on, on my short tenure here on the Planning Commission, and it's something that I've been waiting for. Something that would be visionary and something that will give our economy an opportunity to boost. To further increase our profile on the national stage for the City of Virginia Beach, a city that is so close to my heart. I think I do hear the residents, all the stakeholders, but I believe the applicant will be a good neighbor. I feel like there's been many signs of good faith. There might be some growing pains along the way, but if we continue our communication, we eliminate any disinformation, then we together can work and just have an extraordinary partner here in the City of Virginia Beach. Barry Frankenfield So, I guess we're all talking. Mr. Wail Can't leave you out, right? Barry Frankenfield: Yeah, you can't leave me out. I am not a big fan of conditional re -zonings, believe it or not. I think they have way too much stuff in them. way too many conditions, way too many proffers. If you look at the one we did today, how many years of conditions did you have, and we couldn't keep them ail straight. That being said, you have to have conditions or parameters, whatever. I have full faith in Economic Development, Mr. Adams back there, city staff, that they will provide the best quality and the hest design with all the buffers that are required. I obviously will support it also. Mr. Wail Okay. Okay. All right, thank you. I don't necessarily share the same new confidence that my Planning Commissioners have. l think that it there's not something in writing, if they re not willing to put something forward that says, "this is what we're going to do." And to provide some kind of level of protection to the adjacent homeowners, that throws up certainly red flags. While I have every confidence in the city staff and in the leadership of the city. it's just not good practice to just give up the ability to protect the neighborhood. Mr. Wall While we have heard development agreements and 'we're going to do this; we're going to do that', at the end of the day, it's going to be, well, where's it in writing? Where's it say that you're going to do this? When something happens like, 'well, conditions have changed', and that's not going to be in favor. As many dollars as we've talked about and the benefit to the city and new technological advancements... To the poor individual that lives there. that's little assurance. I may not have full confidence, but I do have some confidence, and so I will be in support of it. But it's certainly with hesitation. with reservation. So. thanks. David Bradley: With that said, I'd like to make a motion to approve item five - Donald H. Horsley. IT second it. Mr. Wail We have a motion by Mr. Bradley, and a second by Mr. Horsley. Madam Clerk Vote is open. By recorded vote of 10 in favor, zero against. Agenda item number five has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE From: Heldle Ho To: Marchelle L. Coleman Subject; Exciting new Amazon Distribubon Center Hate: Friday, May 6, 2022 6:5137 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good day! Just a quick note to request finding a new location for the proposed new Amazon distribution center planned to be built behind Prince George Estates. We can find better mixed use land for this purpose without creating issues for homeowners in the area. I appreciate your consideration. Peace From: Jara Phelan To: Marchelle L. Coleman Subject: Amazon fulfillment center proposal Date: Thursday, May 5, 2022 5:11:27 PM CAUTION: ThiS email originated from outside of the City of Virginia Beach. ❑o not click links or open attachments unless you recognize the sender and know the content is safe. Marchelle Coleman, l wanted to send you a quick email in regards to the proposed Center off London Bridge road. l am a home owner in Prince George Estates and we are concerned about the negative effects of this development, such as traffic, drainage and noise. We have a bald eagle that is constantly seen in our area that could possibly be affected. Would a investigation of nesting be done? Would this development cause a encroachment problem with the base? Years ago the base was on a short list for closures due to encroachment. Would this be possible? Virginia Beach would be devastated economically to loose this base. Currently our home sits next to the complex of business and we hear noise weekly from late at night to early mornings. As a matter of fact just last night 1 was awoken at 12:00 to revving engines at a car repair shop. We do enjoy hearing revelry from the base in the morning and would hate for that sound to be replaced with industrial generator noise. Thank you for your time and consideration to our issues. Sincerely, Tara Phelan 5/4/2022 Dear Planning Commission, I'm writing to address the 650,000 square foot amazon fulfillment center development that is set to be built on Dam Neck/ Harpers and will also back right up to my family's home in Prince George Estates, I live at 1800 Chelsea Green dr. 1 understand that this is a tough area to build on due to the naval base restrictions, but I'm having a hard time accepting that this is appropriate to back up to a neighborhood. I have several concerns with one of the largest being that this proposal does not seem to have any conditional use permits associated with its plans. I know there will be issues with pollution (noise and environmental), Flooding (removal of large trees), and traffic(accidents). There will be a large increase of big trucks coming down Dam Neck. The area is already prone to flooding, and a building this size is not going to help. It makes zero sense to me that this would not be put on the other side of Darn Neck, away from homes. We already hear noise from Darn Neck inside of our home, so the probability of this property becoming a total nuisance for us, and many other neighbors is high. I often wonder why the city allowed Prince George Estates and Mayberry to be built. We are constantly tormented with these industrial plans that will completely surround our neighborhoods. I was born and raised in VB and we love our home so much. if this property is considered there must be some serious safeguards in place that will protect the citizens in the surrounding areas. I don't think i would have moved into our home or put a pool in if I had known what the future would hold. Just imagine sitting out by your pool with increased air pollution set to the tune of semitrucks constantly pulling in with amazon products. Noise and air pollution will pretty much ruin the quality of life that my husband and i have worked so hard to create for our family of 4. I get it... l know the yearly taxes that the city will make off this property. I know that's something they don't get from our neighborhoodlagriculture land. What will the cost be to the neighboring citizens? The ones who have worked and contributed to this area for decades. There needs to be community invoivement in this project. There has been none, besides a meeting at a recreational center. We were not given enough time to plan for that meeting. Most of my neighborhood did not even receive notification far this proposal. I have added several links with serious issues that other places have had with amazon fAilment centers. I can't understand why this would even be considered for the proposed location. A location that is so close to residential areas. l'm asking you to please take a very close look at this purposed property, please don't allow this to be built without ensuring that it won't be a total nightmare for the neighboring citizens. Thank you, Scarlett larrad Scarlett.jarrad@vbschools.com https://www.planetizen.com/news/2021/12/11557 7-i m pact -a iT)azon-wa rehouses -communities https://www.nbcnews.comltechltech-news/treated-sacrifices-families-breathe-toxic-fumes_caIifornia-s- warehouse-hub-n 1265420 https:/learthjustice.or /blog/2020-april/amazon-inland-empire-workers-covid-19 From: ]essira Myers To: Marchelle L Coleman 5uhf ecb Amazon Fulfillrnent Center Oats: Wednesday, May 4, 2022 8:52:04 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Coleman, I'm writing to express my concern over plans for an Amazon Fulfillment Center off of Dam Neck Rd. Near Harpers Ferry. This is not a good place for this facility. It will likely cause traffic issues, noise issues and cause a drop in property values for houses off of London Bridge Rd near Dam Neck. There must be some other location in Virginia Beach that is better equipped to house this operation. We have a great deal of pride in our neighborhood and it's disappointing to think about how our homes will be negatively impacted by this project. Please help us keep industrial buildings in industrial areas. Sincerely, Jessica Myers Resident, Prince George Estates Virginia Beach, VA from: Kim Russell To: Marchelle L. Coleman Subject: Proposed Amazon futfiliment center Dane. Wednesday, May 4, 2022 9:01:01 PM CAUTION: This email originated from outside of the City of Virginia Heath. Do not click links or open attachments unless you recognize the sender and know the content is safe. .lust a note to let you know l oppose the proposed Amazon fulfillment center. I live in MaybcM, and the facility is slated to be built directly behind my house. We bought our home in a very nice neighborhood with a quiet Farm behind us. Last year we installed a pool in our backyard. We have 2 children, and we all lave our home. We have recently fought with dominion power due to the power lines that are being built behind our homes. Dominion told us they chose the proposed route largely because it was the city's first choice. We already know our property values will be negatively impacted by the power lines. they are unsightly. there are health concerns, plus we will have to live with the construction for the next few years. Now there is a new proposal to build an Amazon distribution center behind us. The plan calls for a new road to run behind my home for the 18 wheelers to access the facility. We don't want the additional Ira Me this center will inevitably bring. We don't want our high end neighborhood to back up to an industrial zone. We don't want our property values to decrease even more, it just adds insult to injury. Hut frankly my biggest concern is that road. 18 wheelers are loud. I have no interest in spending my summers outside in the pool. listening to the trucks speed by. waving to the truckers, while dominion digs thousands of feet into the ground to install power lines over my head. 1 have heard of no plan to provide a visual or sound barrier between the proposed FaciIit} and the residenIia] area~ that surround it. I strongly recommend moving the plans for this facility to an area that is already zoned for industrial. where it won't negatively impact residential neighborhoods. 'hank you for taking the time to consider the impact to homeowners. if you have any questions or would like to visit our neighborhood to better understand the view from our homes and the proximity to the proposed site. please let me know. Kim Russell From; Kerd Woodward To: Marchelle L. Coleman Subject: Fulfilment renter on London bridge Date; Wednesday, May ¢, 2022 9:23:07 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. We would like more time to gather information on the fulfillment center on London Bridge. Please allows us that time to understand what could happen to our community. There are so many other parcels in that area, that don't back up to a community, that this doesn't seem right. Kerri Woodward Chesapeake Homes Vice President of Operations Today Homes Realty) Principal Broker) Licensed VA Real Estate Agent 448 Viking Dr Ste. 220 Virginia Beach, VA 23452 757-277-2302 Kerri@cheshomes.com null L Chesapeake Homes Like Us On Facebook 5 STATEMENT OF CONFIDENTIALITY "The information in this email and in any attachments may contain confidential information and is intended solely for the attention and use of the named addressee(s). It may not be disclosed to any person without authorization. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to and must not disclose, copy, distribute or retain this message or any part of it." From: jenny Bragaw To: dbradiewbncOodoud.com: 1cgstonvb"(d)' Joud.com; hcuellaryboc(amcloud.com: dhorslewbnc(cNc#oDr1.cam : doliVervbDCCaidQud.CQm: Marchelle L Coleman Subject: Objection to Rezoning Southeast Comer of Dam Neck Road and Harpers Date: Wednesday, May 4, 2022 10:46.54 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings Representatives, My name is Jennifer Bragaw. My husband and I of 1801 Chelsea Green Drive, Virginia Beach, VA 23456 (Prince George Estates) object to the rezoning of the Southeast Corner of Dam Neck Road and Harpers (GPIN 240563I630). The reason that we object to this rezoning and the plans for a massive 650,000 sq ft warehouse and distribution center is that we believe it is an incompatible use with the adjacent neighborhood and peaceful enjoyment of the surrounding area. The building and operation of a 650,000 ft warehouse and distribution center is likely to require a great deal of people to support the operations. How does this density of people working at the warehouse not encroach on NAS Oceana and the agreements in place with the Navy to limit development? While the zoning of the property itself might be compatible with the agreements established with the Navy and ❑oD, the density of the workforce required to support this operation is not within the spirit of the agreement and may be in contractual breach. What is known of this? Second, the city of VB has weathered many storms and it is known that Dam Neck and Harpers Road floods everytime there is a hard rain. The traffic density on Dam Neck Road during peak traffic hours is truly astonishing. If you haven't traveled on Dam Neck road between the hours of 7-9 am or 4-6 pm, please visit this area. The infrastructure is wildly inadequate for the residents who use Dam Neck Road on a daily basis. Next, since moving into the neighborhood in 2008, we have witnessed a variety of wildlife in the trees behind our house and in the treelines of the subject property. We've seen black bears. red tail hawks, bald eagles, deers, coyotes, owls, etc. These animals hunt in the field and test in the trees and shrubs. 1 believe an environmental impact is prudent and likely necessary given the photographic evidence of the bald eagles on the subject property. It is my hope that the representatives on the TO Line will delay a decision about this project until a consultation with the Navy on the encroachment issues can be resolved and an environmental study can be completed regarding the wildlife and habitat impact. In the event this project is approved for rezoning, I would like to understand how the city plans to mitigate the traffic and flooding issues currently existing and accommodate the expected growth? Thank you for your time and the opportunity to respond to this rezoning application. Please let us know what yoU Nv1II be doing about these concerns 1 have brought to your attention. God's love unto you, From: Anita Grosse To: Marchelle L Coleman 5uhjmM Proposed Amazon Fuffilknent Center Data: Thursday, May 5, 2022 10:01:35 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Coleman... We hope you will reconsider the building of an Amazon Fulfillment Center off of London Bridge/Damneck Road. This Center would cause excessive traffic on the above mentioned roads. There will be 1,000 employees and and trucks accessing this area. It will cause air pollution for the people who have invested in homes in this area along with the devaluation of our property. The wild life which has made this area it's habitat will became homeless. Please reconsider the elimination on this project. Thank you for your consideration on this matter. Sincerely, Anita and Robert Grosso 1940 Chelsea Green Drive Virginia Beach, Ava Sent from my iPhone Committee, We own a home in Prince George Estates. We are very concerned about the proposed p#ans to put in a road and an Amazon Facility behind our home. Why are the proposed road and warehouse plans ONLY accessible through a residential neighborhood when it can be accessed directly from Dam Neck Road with ZERO impact on the homeowners? This is a residential area not an industrial park. Our neighborhood, Mayberry, Pine Ridge, Castleton, lake Placid and other neighborhoods along London Bridge Road will be affected by the proposed road/facility due to the high influx of commercial traffic. We have worked very hard to provide our family with a Rice home in a great community and we feel this proposed road/fadIity wilt detract from the residential environment that has been created along London Bridge Road. The proposed road affects the safety and welfare of our homes, children, pets and wildlife (including Bald Eagles living the in the nearby woods). No family deserves to have large trucks and exceedingly heavy traffic running through their residential neighborhood at all hours of the day and night. I am sure the committee would agree this is a huge SAFETY concern. Just like everyone else affected, we have worked very hard over the years to have a nice home for our family and it is anguishing to think a handful of people can take away the safety and solitude of our home and community. Please vote NO to the proposed road/facility so we can feel safe. Thank you for your time. Chris and Jili Stoeckel 1867 Chelsea Green dr., VB From: Melly Bruner To: Marchelle L Cateman Subject: Arnarm dere4rnentl Date* Thursday, May 5, 2022 10:44:07 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please please please consider the homes we've built and nurtured for 15 yrs! 11 My backyard is my peace after a hard days work ! We all take such pride in our homes and would never have bought knowing our backyards would become this massive Amazon hub!!! Please please HEAR US ! 1! l l This is my HOME THANK YOU! Kelly Bruner Sent from my iPhone From: Amy Branham TO: Manbelle L_ Coleman Subject: krkUM Date: Thursday, May 5, 2022 1:35.15 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do NOT build an Amazon Distribution Center behind PRINCE GEORGE ESTATES? ? r r r Thank you Thanks, Amy Branham From: Brian Boozer hahboo l To: Marchelle L. ColeMda Subject: Amazon Distribution Center Date: Thursday, May 5, 2022 1:44:32 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and knoll• the content is safe. Good afternoon. I'm writing today to voice my opposition to building an Amazon distribution center on Dam Neck behind Prince George Estates. Thank you for your time and service to the community Sincerely, Brian From Heather F%1[ru To: Marrhelle l , Cnleman Subject: Amazon distribution Center Date: Thursday, May 5, 2022 2:02:01 PM CALMON: `Phis email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing to voice my concerns about having an Amazon distribution center built behind Prince George Estates. i am one of the homeowners whose home is on the border of that field, and I believe the noise from this facility would be excessive and reduce the quality of life for myself and my neighbors. Please vote AGAINST this facility. Thank you, Heather Farrow From: Tom Russl! To: MaMbelle L. Coleman Subjecb Amazon fad0ty Date: Wednesday, Mary 4, 2022 9:13:58 PM CAUTION: This email originated From outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening. I'm writing to voice my opposition to the proposed Amazon facility on Dam Neck RD. As someone who lives in one of the neighborhoods adjacent to the proposed site, I worry about my property value and the possibility of additional noise in an area that is already affected by jet noise. In addition, the area in question is already earmarked for new power lines for the offshore wind farm_ which will decrease my property value and this neu facility would decrease it even further. I was driving my child to work the other day and noticed that there is a large amount of space further down the road in the Corporate Landing industrial park. In addition, there is already some of the infrastructure in place that would make costs cheaper for the city and Amazon. This area would also impact fewer residents and neighborhoods. L►A 7 Tom Russell Mayberry home owner. From: Amy Hayden To: Marchelle L. Coleman Subject: Amazon Date: Thursday, May 5, 2022 1:25:27 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE DO NOT BUILD AN AMAZON DISTRIBUTION CENTER BEHIND PRINCE GEORGE ESTATES !!!! From: Melissa Simmons To: Marrhelle L. Coleman Date: Thursday, May 5, 2022 2:04:51 PM CAUTION: This email Originated from Outside of the City Of Virginia Beach. Do not click links or Open attachments unless you recognize the sender and know the content is safe. PLEASE DO NOT BUILD AN AMAZON DISTRIBUTION CENTER BEHIND PRINCE GEORGE ESTATES i ! ! ! From: Heather Jordan To: Subject: Amazon Distribution Center Date: Thursday, May 5, 2022 2:16:05 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to ask that you do not allow the Amazon Distribution center to be built behind Prince George Estates. The open land there not only provides a beautiful scenic landscape for those Nvho reside there but it is also home to many different forms of wildlife. Building on this land would be a travesty? Thank you for your consideration. Concerned Virginia Beach resident. Heather Jorda From: Richard Watson To: Marchelle L Coltman Subject: Amazon Dis kF ion Center Date: Thursday, May 5, 2022 7:09:39 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE DO NOT BUILD AN AMAZON DISTRIBUTION CENTER BEHIND PRINCE GEORGE ESTATES COMMUNITY. Thank you Sent from my iPhone From: Bletight To: Mard►elle L Coleman Subject Prince George Estates Date: Thursday, May 5, 2022 7:29:22 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Having an Amazon built behind Prince George Estates is not a good. Please consider stopping this. null Dwight Easter Channel Growth Specialist HelHimlHis Mobile: 757-287-1928 Weamsignature From; Gretchen Hardv To: Marchelle L. Coleman Subject Amazon center near Prince George Estate Dade; Friday, May 6, 2022 8:09:36 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms Coleman, I would like my input to be represented to the planning comission. I am NOT in favor of an Amazon distribution center being built near the Prince George estates. I feel it will contribute to traffic congestion and is not suitable for a residential area. Thank you for your help with this matter. Respectfully submitted, Gretchen Haushalter-Hardy From: &U To: Marchelle L Coleman Subject: please don"t Date: Friday, May 6, 2022 11.03:17 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not dick links or open attachments unless you recognize the sender and know the content is safe. Please do not build an amazon distribution center behind Price George Estates. From: Daniel WiI}iams To: Marchefle L. Coleman Subject: Concern for VB community Date: Friday, May 6, 2022 11:54:26 PM CAU11ON: This email originated from outside of the Gty of Virginia Beach. Do not click lurks or open attachments unless you recognize the sender and know the content is safe. Please do not allow amazon to build a distribution center behind Prince George Estates. We do not need the traffic or the eyesore in our neighborhood. There are other places to build. Please! No! Thank you From: Austin Stnford To: Marchelle L. Weman Subject: Amazon distribution Date: Friday, May 6, 2022 2:34:44 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE DO NOT BUILD AN AMAZON DISTRIBUTION CENTER BEHIND PRINCE GEORGE ESTATES r�rr From: EnrI M Ust To: Marchelle L. Coleman Subject: Proposed DiStribution Center at Dam Neck and Londor, Bridge Date: Tuesday, May 10, 2022 9:18:15 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, There is a hearing May I I to discuss the Proposed distribution center at Dam Neck and London Bridge. 1 live in Prince George Estates and my property is adjacent to the open field under consideration. I have a number of concerns about the proposal and feel strongly this will reduce property values and impact quality of living in this area. A center of this size with over a thousand employees and space for 420 tractor trailers will significantly increase the pollution. noise. and traffic in the area. l also have significant concerns about potential for flooding as this can be an ongoing issue due to inadequate drainage. My small children bike on the sidewalks along dam neck and London bridge and a facility of this size will increase traffic such that such activities are no longer safe. A thousand employees and 24/7 operations will produce far more disruption than a residential area, which is not an option due to close proximity to Dceana. I hope the planning commission and city council will consider resident's concerns and look for another location that won't be as disruptive to homeowners. Thank you. Erin Miller 4W i r� e•rr+lnrstinr•Pit t, Sr � • r.. L � ' F� SEfENuwF3EH 333 Kimley»)Horn PROJECT BEACH TAYLOR FARMS SOUTH VIRGINIA BEACH, VIRGINIA PROPOSED BUILDING ELEVATIONSO rag '1%;I �I"J"' I PROJECT BEACH TAYLOR FARMS SOUTH VIRGINIA BEACH, VIRGINIA SWE. muw W PROPOSED BUILDING ELEVATIONS � 2 OF 5 ar1=022 .F MAI �' .■ K f ■-+,� - �i III` � �� PROJECT REZONING I 5 1333"�'�� ' Fusnn mv.¢ 9W4 — , •••±;4 ;C.t 1r. w DAM NECK ROAD _ .xn DAM NECK ROAO -p--__— _ FUTURE DEVELOPMENT AREA •� __ ' I 220 AC. i E \\•, PROPOSEDBULEm SITE DATA PROJECT AREA- 160.79 AC± ZONING: AG1 &11Cl I ] JPRO PROP] MAX BUILDING HEIGHT: 120 FT BUILDING HEIGKT: 110 FT . BUILDING SETBACKS REQUIRED FRONT: 30 FT REAR: OFT SIDE: 30 FT SIDE CORNER: 3DFT Mmky*Horn PROJECT BEACH TAYLOR FARMS SOUTH 9C[T MUND, VIRGINIA BEACH, VIRGINIA REZONING CONCEPTUAL SITE PLAN 4 OF 5 ....�,.m osroarm2z 11 11 r i �383' �f S ' �1 I 5 tS ruee�• P� ev�.CE � +V MMI 4 r. 1 1 ��f R } I0ml * Ham �O ® CID oo_ oo -v oo en eo oo_ QIIJ Qa ®J QDJ QR1 mu / 6P b W oa vP OO as ca•j OP ffb Ce a r01Ara % ¢S // _ `:d \ r' RESWEH71AL BUFF LR-PKOFILL m-vnw riw"+.ioe ruin 'M wc'rm w r y PROJECT BEACH TAYLOR FARMS SOUTH VIRGINIA BEACH, VIRGINIA r!r RESIDENTIAL BUFFER PERSPECTIVE g BlA 02 P1 RSD� Bi ,A o R'5D ❑ Pi P1 "d 02 � SAG 2D q- B 1 14 CO':C 01 2 - -. AGE' �AG2 AG 1 \\,/ AG 2 ® Site Property Polygons Zoning Building AG2 00 A62 AG 1 Ashdon Builders 1, LLC 2487 North Landing Road G �� u 02 AG 1 Feet 0 55110 220 330 440 550 660 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHDON BUILDERS 1, LLC [Applicant] DAVID & TAMMY LEE [Property Owners] Conditional Change of Zoning (AC-1 & AG-2 Agricultural to Conditional R-7.5 Residential) for the property located at 2487 North Landing Road (GPIN 1494804893). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: June 7, 2022 ■ Background: The applicant is requesting to conditionally rezone a 4.27-acre parcel to create a seven -lot subdivision of single-family homes that will have a density of 1.64 units per acre. The proffered Conceptual Plan depicts seven lots along a new cul-de- sac development with the stormwater retention pond and community park to the rear of the development. The subdivision will have a 40-foot-wide public right-of- way with homes only on the east side of a proposed cul-de-sac. The proposed curb cut for the entrance, in the right of way, overlaps the adjacent property to the west. Unless a letter from the property owner to the west is provided to the Planning Department that indicates acceptance of the entrance overlap, the proposed entrance must be redesigned to meet the Public Works Design Standards Manual. Due to the parcel irregular shape and narrow width, the applicant seeks to reduce the required front yard setback from the proposed road from 30 feet to 25 feet for all seven lots. The City Council can consider reduction in dimensional requirements per Section 107(i) of the Zoning Ordinance that states if for good cause shown and Capon a finding that there will be no significant detrimental effects on surrounding properties. In exchange for the setback reduction, over half of the total lot area, 2.2 acres, will be designated as open space to retain much of the existing wooded area as possible. The open space includes play/outdoor recreational area with benches, a lag crawl, hanging chairs, tree swing, formal plantings, and a recreational path that connects to the path that circles the above- ground stormwater management pond. Recently, City Council approved the development of an animal hospital and commercial kennel immediately to the west and the residences are proposed on the eastern side of the proposed street. No residences will be detrimentally impacted by the reduction in front yard setback based on this proposed layout. This property is located within the Courthouse Historic and Cultural District Overlay, a zoning overlay district that designates this area as a locally protected Ashdon Builders 1, LLC Page 2 of 2 historic area. Based on this, the applicant appeared before the Historical Review Board on March 16, 2022 and was issued a Certificate of Appropriateness. ■ Considerations: Most of the components of the Transition Area Design Guidelines appear to be met. This includes recommendations related to open space area, pedestrian connectivity, and the proposed house styles that are aligned with character of the Historic and Cultural Princess Anne Courthouse District. While the proposed density is higher than the recommended density of one unit per acre, the Committee supported the proposed density of 1.64 units per acre as the density is comparable to other residential developments in the surrounding area and is appropriate given its proximity to the City Municipal Center. The proposal was presented to the Transition Arealinterfacility Traffic Area Citizen's Advisory Committee (TAIITA) on April 7, 2022 and no concerns were raised. Staff has reviewed the conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. Finally, the roadway is well under capacity and the information provided by the Virginia Beach City Public Schools Staff indicates that the proposed development is well within the threshold for increases in student population. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing stating concern related to the removal of trees, impact to the wetland, and contamination of the water source. ■ Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. IN Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department i City ManageriA W. : [Applicant Ashdon Builders 1, LLC Agenda Item perty owners David & Tammy Lee nning Commission Public Hearing May 11, 2022 y Council District District 2, formerly Princess Anne Request Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional R-7.5 Residential) Staff Recommendation Approval Staff Planner Hoa N. aa❑ Location 2487 North Landing Road GPIN 1494-80-4893 Site Size 4.27 acres AICUZ Partially within 55-70 dB DNL; Sub -Area 2 (No dwellings proposed within this area) Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / AG-1 & AG-2 Agricultural and Historic and Cultural Overlay Surrounding Land Uses and Zoning Districts North North Landing Road Mixed retail / B-1A Limited Community Business South Wooded / AG-1 Agricultural East Municipal Center, wooded lot / AG-1 & AG-2 Agricultural West Commercial kennel & vet clinic recently approved / AG-2 Agricultural Ashdon Builders 1, LLC Agenda Item 2 Page 1 The applicant is requesting to conditionally rezone a 4.27-acre parcel to create a seven -lot subdivision of single- family homes that will have a density of 1.64 units per acre. The subdivision will have a 40-foot wide public right-of- way with homes only on the east side of a proposed cul-de-sac. The development will include a small 1.53-acre park area and a trail that will encompass a stormwater management pond located at the rear of the parcel. Due to the parcel irregular shape and narrow width, the applicant seeks to reduce the required front yard setback from the proposed road from 30 feet to 25 feet for ail seven lots, The City Council can consider reduction in dimensional requirements per Section 107(i) of the Zoning Ordinance that states if for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties. This property is located within the Courthouse Historic and Cultural District Overlay, a toning overlay district that designates this area as a locally -protected historic area. gased on this, the applicant appeared before the Historical Review Board (HRB) on March 16, 2022 and was issued a Certificate of Appropriateness (CoA) that permitted the demolition of existing structures on the property and general approval of the four proposed house designs, which consist of Neo-Colonial Revival Neo-Traditional styles. The Neo-Traditional designs blends elements of Craftsman and Victorian styles found throughout the Courthouse Historic and Cultural District. The HRB found the proposed designs and overall concept for redevelopment of the site to have a compatible character with the Courthouse Historic and Cultural District. To help ensure variety and architectural interest on the new street, no more than two houses of each model will be constructed. As conditioned in the Certificate of Appropriateness, the fa4ade and building materials must be approved by the HRB prior to construction. This allows the developer more flexibility in providing custom options for individual home models. A copy of the Certificate of Appropriateness is included on pages 17 and 18 of this report. • As proffered, the primary facade of the house on Lot 1 will face North Landing Road and will have an exterior of primarily of red brick which is consistent with the character of the Courthouse Historic and Cultural District. Single- family homes on the remaining six interior lots will face the new street. • A brick community monument style sign no taller than eight feet with a brick base is proposed near the intersection of the new cul-de-sac and North Landing (toad and will be appropriately landscaped as required by the Zoning Ordinance. As depicted on the Conceptual Subdivision Plan, there are wetlands on this site. These are not wetlands regulated by the City of Virginia Beach; however, approval from the United States Army Corps of Engineers for 'impacts will be required. This will be reviewed during site plan submittal. Ashdon Builders 1, LLC Agenda Item 2 Page 2 Zoning Histo # I Reaues 1 I CUP (Animal Hospital & Commercial Kennel) Approved 2 MDP Approved 01/16/2018 MDP Approved 03/09/2004 1 i CRZ (AG-2 to Conditional B-1A) Approved 02/08/19 3 CRZ (0-1 to Conditional B-1) Approved 11/18/2014 CRZ (AG-2 to Conditional 0-1) Approved 10/10/20C 4 CRZ (Conditional 0-2 & AG-2 to Conditional R-55) Approved 02/11/2014 CRZ (AG-1 & AG-2 to Conditional 0-2) Approved ~ 04/08/2008 .F L \ . '�" IN �V&l Zk .a 5 REI )Conditional PD-H2 to P-1) Approved 08/14/2012 CRZ (AG-1 & B-lA to Conditional PD-H2) Approved 07/12/2011 6 CUP (Private Sewage Treatment System) Approved 05/24/2011 REI (R-10 to AG-1) Approved 06/08/2010 7 MDC (Pre-School/Day Care Facility) Approved 10/01/2019 CUP (Pre-School/Day Care Facility) Approved 07/03/2001 CUP (Church/Day Care Facility) Approved 08/13/1997 8 1 CUP (Group Home CUP - Conditional Use Permit MCC - Modification of Conditions STC - Street Closure SVR - Subdivision Variance REZ - Rezoning MDP - Modification of Proffers FVR - Floodplain Variance LUP - Land Use Plan CRZ-ConditionaiRezonIng NON -Nonconform IngUse I ALT-AlternativeCompliance STR - Short Term Rental The proposal to redevelop the 4.27-acre parcel with seven single-family units, in Staffs opinion, is acceptable. The site is located within multiple planning areas, including the Transition Area, the I nte rf aci I ity Traffic Area (ITA), and the Courthouse Historic and Cultural District. The proposed residential community meets the recommendations of the Comprehensive Plan by providing a variety of dwelling styles and open space amenities that are compatible with the surrounding area and that are consistent with the Courthouse Historic and Cultural District. The proffered Conceptual Plan shows the cul-de-sac development with the stormwater retention pond and community park to the rear of the development. Staff has reviewed the conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. While the Transition Area Guidelines recommend a maximum density of up to and no more than one dwelling unit per acre, the policies of the Interfacility Traffic Area (ITA) Plan encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center, where infrastructure is available and the AlCUZ or noise zones allow such development. In the last ten years, City Council has approved several residential developments in this general area that have densities higher than the one dwelling unit per acre recommended in the Transition Area Design Guidelines. These include the Courthouse Green neighborhood (density of 3.8 units per acre), West Neck Commons (density of 2.2 units per acre), and Princess Anne Village (density of 2.45 units per acre). All three of these Ashdon Builders 1, LLC Agenda Item 2 Page 3 neighborhoods are in the immediate vicinity of this project and the Municipal Center. Forthis area, a pattern of higher density residential development has been established in compliance with the ITA Plan. A summary of applicable Transition Area Design Guidelines is provided below. Residential developments are required to provide a 150-foot buffer with robust landscaping along selected roadways. As this portion of North Landing Road is not designated to include a multi -use trail, the 150-foot reservation is not required. Consistent with previous developments, an eight -foot wide asphalt trail will be installed along North Landing Road. c Fifty percent open space is required. The proposed development consists of 2.2 acres, or 52% of open space that includes play/outdoor recreational area with benches, a log crawl, hanging chairs, tree swing, formal plantings, and a recreational path that connects to the path that circles the above -ground stormwater management pond. c. Lot sizes less than 15,000 square feet may be considered when located within a half mile distance to accessible with a view to the active open space area. The proposed lots vary in size between 7,586 and 10,132 square feet with a pedestrian sidewalk that connects each lot to the community park. o The proposal was presented to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA) on April 7, 2022. While the proposed density is higher than the recommended density of one unit per acre, the Committee supported the proposed density of 1.64 units per acre as the density is comparable to other residential developments in the surrounding area and is appropriate given its proximity to the City Municipal Center. The proposed curb cut for the entrance, in the right of way, overlaps the adjacent property to the west. Unless a letter from the property owner to the west is provided to the Planning Department that indicates acceptance of the entrance overlap, the proposed entrance must be redesigned to meet the Public Works Design Standards Manual. Final review for compliance with the Public Works Design Standards Manual will occur during final site plan review. In addition, Staff finds there is no significant detrimental effects by granting the setback reduction from the proposed street from 30 feet to 25 feet. The proposed layout allows the proposal to retain the wooded area toward the rear of the development to provide a community park and pedestrian trail for its residents. In sum, Staff recommends approval of the rezoning application. The majority of the components of the Transition Area Design Guidelines appear to be met. This includes recommendations related to open space area, pedestrian connectivity, and the proposed house styles that are aligned with character of the Historic and Cultural Princess Anne Courthouse District. Finatiy, the roadway is well under capacity and the information provided by the Virginia Beach City Public Schools Staff indicates that the proposed development is well within the threshold for increases in student population. 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)j. Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street sections, street trees, minimum front yard building setbacks, neighborhood park and open spaces substantially as Ashdon Builders 1, LLC Agenda Item 2 Page 4 depicted and described on the exhibits entitled, "North Landing Conceptual Master Plan Virginia Beach, Virginia" dated September 25, 2021, "North Landing Signage and Lighting Virginia Beach, Virginia", dated September 25, 2021, and "North Landing Conceptual Play Area Plan, Virginia Beach, Virginia", dated September 25, 2021, prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the "Conceptual Subdivision Plans"). Proffer 2: When the Property is developed, it will be subdivided into no more than seven (7) single family residential building lots. The seven (7) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area. The home constructed on Lot 1 as designated on the Conceptual Subdivision Plan shall have its front entry facing North Landing Road with the architectural features and exterior building materials substantially as depicted on the elevation exhibit designated "NORTH LANDING", page "A2", dated 09/25/2021, prepared by Land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Home Elevations for Lot 1"). The home constructed on Lot i shall have a side loading 2-car garage facing the cul-de-sac. The homes on Lots 2 through 7 as designated on the Conceptual Subdivision Plans shall have the architectural features and a two (2) car garage substantially as depicted on the Exhibits labeled "NORTH LANDING", page "A3", "NORTH LANDING", page "A4" and "NORTH LANDING", page "A5" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively "Home Elevations for Lots 2 through 7") . The exterior building materials on the homes on Lots 41 through 7 shall be chosen from those pallets approved by the Virginia Beach Historical Review Board with its Certificate of Appropriateness, in combinations that shall be submitted to, reviewed by and approved by the Board. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the building Lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining the community park, all open spaces, common areas, vegetated buffer easement, entrance feature signage and other improvements, including the trail upon the Open Space Parcel, to be deeded to the Home Owners' Association, on the Property as depicted on the Conceptual Subdivision Plan. Proffer 4: The final stormwater management plan for the subdivision submitted to the Development Services Center (DSQ shall be in substantial conformance with the preliminary stormwater analysis. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. The Comprehensive Plan identifies this site as being located within multiple "districts." The Interfacility Traffic Area and Vicinity Master Plan (ITA Plan), which is adopted by the Comprehensive Plan, identifies the site as being located in the Historic Princess Anne Center. The ITA Plan calls for "lining of streets and spaces with low-rise mixed -use buildings of two and three stories," within the Historic Princess Anne Center. It also calls for attention on appropriate streetscaping elements including street lamps, planters and benches and emphasis on developing architecture consistent with areas such as Williamsburg. The property also borders the Municipal Center district as identified by the ITA Plan which Ashdon Builders 1, LLC Agenda Item 2 Page 5 recommends as an area with planned land uses, both public and private, and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. It calls for the introduction of a mix of residential units into the district to enliven the complex around the clock. Finally, the site is also located at the extreme edge of the Transition Area which calls for uses in this area should be limited to low -impact, low -density residential, low -intensity non-residential, open space and recreation, and agricultural, including row -crop farming and equestrian uses. For residential development, a maximum average of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred; however, lot sizes of less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design. The Plan calls for open space areas to be deliberately included and designed as a site amenity in all development. Open space should be comprised of a minimum of 50 percent of the developable area for residential development and should provide a balance of both "active" and "passive" open space areas. The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The site is located within the Courthouse Historic and Cultural Overlay District. All projects proposed within the district must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of the district. New development should employ nigh quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Stormwater Impacts Project Stormwater Design Staff Summary This project will consist of a seven (7) lot single-family subdivision situated on a 4.28-acre parcel along the south side of North Landing Road between George Mason Drive and West Neck Road, at 2487 North Landing Road. The development is designed to drain into an onsite stormwater management facility (SWMF) before discharging into the existing outfall channel which ultimately drains into West Neck Creek. The proposed SWMF will treat both water quantity and water quality from the development before discharging offsite. Portions of the existing wooded areas onsite will be conserved as open space. The project site lies within flood zone X (outside 0.2% annual chance floodplain) and is located outside of the Floodplains Subject to Special Restrictions. The site currently drains towards the south east and into an existing public drainage channel that runs along the southern perimeter of the site. This general drainage pattern will be maintained in the developed condition. Drainage from the proposed public right-of-way and from the rear lots will be collected through a storm drain system that will discharge into a wet pond to be treated for water quality and slowly detained before discharging offsite into the existing public drainage channel. The preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5 feet of sea -level rise (SLR). The City's stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to Ashdon Builders 1, LLC Agenda Item 2 Page 6 demonstrate that the development has a viable strategy to prevent negative impacts or increased flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Land Planning Solutions in the Preliminary stormwater Analysis, Staff agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below Project Information Total project area:4.4 Acres (Includes 0.12 acres of offsite right-of-way improvements and North Landing Road) Pre -Development impervious area: 0.55 Acres Post-{}evelopment impervious area: 1.40 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts INOAA pi us 20%) and account for 1.5' SLR: Yes stormwater Management Facility Design Information Type of facility proposed: Level II Wet Pond (quantity and quality) Total storage volume provided in proposed stormwater management facilities: 95,000 cf. (between normal water elevation and top of bank elevation) Description of outfall: Stormwater runoff released from the proposed wet pond will drain through an outlet Control structure and outf all pipe, that will discharge into the existing public drainage channel that runs along the southern perimeter of the site and into West Neck Creek. Downstream conveyance path: Drainage from West Neck Creek is part of the Upper West Neck Creek drainage basin which drains into the North Landing River. The North Landing River drains through the Currituck Sound and ultimately out into the Atlantic Ocean - St o r mwater Quality Compliance Design Information Pounds of phosphorus removal per year tlb/yr) required. 2.52 Ib/yr Method of treatment proposed: Level 11 Wet Pond and Sheet€low to Conserved Forest Open Space Stormwater quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates nan-erosive velocities of stormwater discharge for the 2- yr 24-hr storm. Flood protection; Attenuation of peak flow rates with no increase in flooding for the 10-year 24-hour storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea -Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year (including 1.5' SLR) storm event Ashdon Builders 1, LLC Agenda Item 2 Page 7 Street Name Present Volume Present Capacity Generated Traffic North Landing Road 10,800 ADT' 12,500 ADT' (LDS ° "ID") Existing Land Use a_ 10 ADT Proposed Land Use 70 ADT =Average daily Trips gas defined by a single-family 3as defined by seven single-family ° LOS= Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Landing Road is a two-lane suburban minor arterial. The site has a single direct access point to North Landing Road. This segment of North Landing Road is not named in the MTP and there are no roadway CIP projects planned. The proposed cub cut for the entrance, in the right of way, overlaps the adjacent property to the west. Compliance with the Public Works Design Standards Manual is required. Water There is an existing 15-inch City water main along North Landing Road. Each lot in this subdivision shall be provided with water from the public water system so that it is served with an exclusive water tap and meter. Sewer There is an existing eight -inch City sanitary sewer gravity main and lb -inch City sanitary sewer force main along North Landing Road. Each lot in this subdivision shall be connected to the public sanitary sewerage system. School Current Enrollment Capacity Generation Change' Princess Anne Elementary 610 students 734 students 2 students 2 students Princess Anne Middle 1,289 students 1,315 students 1 student 1 student Kellam High 1,934 students 2,120 students 1 student 1 student "'Generation" represents the number of students that the development will add to the school. -change' represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative {fewer students]. Ashdon Builders 1, LLC Agenda Item 2 Page 8 Planning Commission ■ As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 11, 2022 ■ As required by State Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. ■ As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. ■ This Staff report, as well as all reports forthis Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 5, 2022. City Council ■ As required by City Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, May 22, 2022 and May 29, 2022. ■ 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 May 23, 2022 ■ 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 June 3, 2022. Ashdon Builders 1, LLC Agenda Item 2 Page 9 n Q o m rna � ro Q rD -U IW Ol '* F UD rD o r.i n North Landing - ' Conceptual Master Plan •.,;' Virginia Beach, Virginia a U $ephember 25, 2021 � \ I I SIIE DATA: , 2M l �4Arwr 7�wm Ar J ; \-` srune s.re.ew Fran Flare, LwOV W 9iffjKk 8 & 10 �A�� ~ , I • ` W�1' SMw Prv.tlW M�IAy*FC.l78aG //JJ�, M1 Pa1dJ .�.\ _ 7 1 �� _ —_ --t M[A HU) W RWW SM I%*d wm r wAi K fw m-P wnr Nis: LVN lour rwrer'vvr++rehw�Aowelmo .O Proposed Playground Area • North Landing Signage and Lighting Virginia Beach, Virginia September 2S, 2021 r t� Y- ' } r I � 7 4' Ivor ti 2,6 Traditional Colonial Traditional Colonial Type III LED !i i 11' r mr tfng height, direct bury fiberglass PcAe1 � Y A r � caRc awMCM i CVNILM fK7 VM PlJNF1 1 ARWID WALL Conceptual Entry Feature RKk NAME A tErIER VW- $ALI). RY I*vn owR A Proposed Elevation Plan — Lot I I IN R II ii u� iio:uri oral; u�sil�i Proposed Home Styles — Lots 2 thru 7 11:1 ._ ;. 0 L LIT ZZ f ._.. 1A iiw ''14' �� Site Photos r F Arl�•��• } -till r Ashdon Builders 1, LLC Agenda Item 2 Page 16 City 4::>f �iirinia g�aGh -MORE REV1CW80AF* March 25.2022 R. Edward Bourdon, Jr. Sykes, Bourdon. Ahem & Levy P.C. 4429 Bonney Road, Suite 500 Virginia Beach, VA 23462 RE. Certificate of Appropriateness Application #22-03 — Ashdon Builders I, LLC — Demolish four buildings and develop a seven lot residential development — 2487-2489 North Landing Road GRIN 14WO4893 • Courthouse Historic & Cultural Overlay District Dear Mr. Bourdon. On March 16, 2022 a Certificate of Appropriateness was issued by the Historical Review Board for demolition of the existing house, garage, shed, converted bam, and miscellaneous concrete, the proposed layout, general house styles, and material palette for the development of a new seven -lot residentiat development subject to the following conditions and exhibits: 1. This Certificate of Appropriateness shall expire on March 15, 2 02 7. 2. This Certificate of Appropriateness only approves the demolition of the existing structures; the general layout of the development, and the proposed material palette with the exception of the provided stone samples. Individual houses shall be submitted for review and approval by the Historical Review Board prior to construction to allow buyers to consider custom options for individual models and to confirm final material selection should materials included in this submitted palette no longer be available. 3. Signage shall conform to the standards set in Article 2(8) — Sign Regulations of the Zoning Ordinance. 4. Once construction is complete, the applicant shall submit photographs of the finished building elevations and site improvements (e.g., parking lot) to Historical Review Board Staff. 5. In the event of unanticipated archaeological discoveries, contact the Historical Review Board at (757)-385-3066 or (757)-385-8573 prior to continuing work 6 Prior to making any changes to the proposed design, location, configuration, of materials that are subject to the issuance of a Certificate of Appropriateness, the Historical Review Board Staff shall be contacted. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. At the meeting on March 16, 2022, the following advisory comments were provided by the Historical Review Board for the anticipated future submittals for construction. Ashdon Builders 1, LLC Agenda Item 2 Page 17 1 A strong preference against stone was expressed Several Board members noted that stone is out of character in the Courthouse District. but a flagstone or fieldstone type of stone was especially inappropriate it was commented that a cast or precast stone in limited areas might be acceptable. but the details of the matenal and the overall palette would need to be considered 2. A strong preference against the proposed Metallic Copper and Matte Black metal roof samples was expressed by one Board member. 3 There was a preference stated at the meeting that any shutters on the houses be operational, but that. at a minimum, shutters should be proportioned to appear operational. 4 A preference for the Brandywine/Rediand Brick, Millstone/Pine Hall Bnck. NorthamptonlTnangle Brick. and the Shenandoah 4-4231Redland Brick samples was stated Finally, there was some discussion at the meeting regarding the proposed finish of the fiber cement siding. While some Board members and Staff expressed a preference for a smooth - finished siding. the applicant presented an argument in favor of a faux woodgram finish The Historical Review Board made no formal advisory comment regarding the finish If you need further assistance, please contact Elizabeth Nowak at 757.385-3066 or by email at enowak@vbqov.com. Sincerely, ( V �s Elizabeth Nowak Planner 11 CC Barry Cross Donnie Cross Building File Attachments North Landing Conceptual Master Plan, Rev 3/4/2022 North Landing Elevations, Rev 3/4/2022 North Landing Conceptual Play Area, 11(412021 North Landing Signage and Lighting, Rev. 2/9/2022 Materials Palette Ashdon Builders 1, LLC Agenda Item 2 Page 18 Disclosure Statement W crr sty+. Planning & Community Development Known lrtterest h puhlic Ufficial tzr Em to ee Does an afRdal or employee of the City of Virginia Heath have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes It No ■ If yes, what is the name of the official or employee and what is the nature of the igterest? Akepiicant Services Disclosure 1. Does the applicant have any existing financing (mortgage, deeds of trust, cross-cdlateralization, etc) or are they considering any flnancing In connection with the subject of the application or any business operating or to be operateo on the property? ■Yes ❑No a If yes, identify the financial institutions providing the seance. Atlantic Union 2. Does the applicant have a teal estate brokerjagerrtjrealtarfor current and anticipated future sales of the subject property? ■ Yes ❑ No . If yes, identify the company and individual proved nE the se Nice Janie Roser, Walm ight Real Estate 3. Does the applicant have services for recounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? a Yes ❑ No . if yes, identify the firm and individual providing the service. Jones Maddox & Council 4. Does the applicant have services from an architect/landscape architect/land planner proVLded in connection with the subject or the application or any business operating or to be operated on the property? ❑ Yes ■ No . If yes, identify the firm and individual prov-'ding the service. 5. 15 there any other pending or proposed purchaser of the subject property? ❑ Yes ■ No . if yes, identity the purchaser and purchaser's sewice providers 2I Ashdon Builders 1, LLC Agenda Item 2 Page 19 Disclosure Statement ' VB Plalinijig & (-viimwtiky ik�►�ekiprti<7tt 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating a to be operated on the property? ❑ Yes E No If yes, identify the company and individual providing the sernce 7. Does the applicant have an engineer/surveyor,ragertt in connection with the subject of the application or any business operating a to be operated on the property? 0 Yes ❑ No ■ Hyes, Identify the firm and individual providing the service. Alphatec Survey/tPS Engineer 8. is the applicant receiving legal services in tonnrctinn with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • It yes, identify the firm and individual providing the service. li. Edward Bourdon, Jr., Esq.. Sykes, Bourdon, Ahern & Levy, P.C. Appli[ant Siignature 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 hereln two weeks prior to the meeting of Planning Commission, City Council, VBDA, CB PA, Wetlands Board or any public body or committee in connection with this application. Ash don Builders 1, LlC If i3K. Appileant Slpwture William B. Cross, Managing Member Print Name and Tide 1ti11,L1AJ>^f ,�} �_aS ty�Cr►��* MGM �R, `f-�4-Z r Date Is the appbom also the owner d the subject property? 0 Yes ■ No • If yes, you do not need to fill out the owner disclosure statement. �] Nu chance at o1 oatr 2022 05 24 s"Inature Print Nary» 4940i Hoa N. DaO IM Ashdon Builders 1, LLC Agenda Item 2 Page 20 Disclosure Statement Owner Disclosure Owner Name David lee & Tammy Lee Applhant Name Ashdon Builders 1, LLC W Planning & Community Development Y J_-- Is the Owner a corporation, partnershlp, 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 it necessary) If yes, list the businesses that have a parent -subsidiary' or affiliated business entity' relationship with the Owner. (Attach.) fist if necessaryl Known Interest by Publk Official or E_mplo Does an official or employee of the City of Willinia 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 imerest? ' "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, (iij a controlling owner in one entity is also a controlling owner in the other entity, or {iiij 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; Mere are common or comm,ngled funds or assets; the bus-Ress 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 reiationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3102 51 Ashdon Builders 1, LLC Agenda item 2 Page 21 Disclosure Statement W cvr 4V-MMA--h Plantlirtg & Cornmu►city Develop h" Owner Services Disclosure 1. Does the Own a, have any existing financing [mortgage, deeds of trust, cross-eel[at araIItat ion, etc) or are they considering any financing in connection with the subject of the application or any business operating or to be operated an the property? If Yes ❑ No . If yes, identify the financial institutions providing the serviCe- Chartway Federal Credit Union 2. Does the Owner have a ralel estate tfi r►eveWmahar for current and anticipated future sales of the "JEct property? ■ Yes ❑ NO ■ If yK identify the company and individual providing the service. Jim Ktenan, Howard Hanna Real Estate 3. Does the Owner have services for accounting wWo►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 1 No a If yes, identify the firm and individual providing the service. A. Does the Owner have services from an ardhite cVlaod scape arc hitect/4nd planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes N No • If yes, identify the firm and individual providing the service. 5- is there any other pending or proposed purchaser of the subject property? ❑ Yes N No If yes, identify the purchase• and au, chasers service providers. 6 Does the Owner have a construction contractor in connection with the subject of the application or any businrss operating or to be operated on the property? ❑ Yes IN No . If yes, identify the company and individual providing the service. 7. Does he Owner have an engineer/surveM/agern in connection 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 firm and indmidual providing the service. Ashdon Builders 1, LLC Agenda Item 2 Page 22 'Disclosure Statement W ''��....• +�� 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? H Yes ❑ No ■ If yes, identify the firm and individual provPcimg legal the service. Sohn Richardson, Esq. Owner Sixnature i certify that all of the information contained in this Disciasure Statement Form is compete, tree, 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 O Planning Commission, City Council, VBDA, CBAA, Wetlands Board or any public body or committee In connection with this application. Owner 5iTriature David Lee 13m•ny Lee Print Name and Title r U 7- 2 l _ yam} _ 7-O'-7 ►1 Date Efate of ��'� ,C.otrttlY Of� &WW betme ate an 3, nSaprsF a� cou►��i 7lydgr Ashcon Builders 1, LLC Agenda Item 2 Page 23 • 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 757-385-4521 or the Development Liaison Team at 757-385-8510. ■ 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. Ashdon Builders 1, LLC Agenda Item 2 Page 24 ASHDON BUILDERS 1, LLC, a Virginia limited liability company DAVID LEE and TAMMY LEE, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27Th day of September, 2021, by and between ASHDON BUILDERS 1, LLQ a Virginia limited liability company, party of the First part, Grantor; DAVID LEE an d TAM MY LE E, husband and wife, party the second part, Grantor; and TH E CITY 0 F Vl RGI N IA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the Cityof Virginia Beach containing approtdrnately 4.2656 acres which is more particularly described as "THE PARCEL" on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel as described on Exhibit "A" is herein referred to as the "Property". and . WHEREAS, the party of the first part, as contract purchaser pf the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District: and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for var[ous purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at GPIN: 1494-80-44893-0000 Prepared by Fi. Edward Bourdon,!r. Esq, VSB 422160 Sykes. 8ourdon, Ahern & Levy, P.C. 4429 Bonney Road Suite 500 Virginia Beach, Virginia 23462 the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or " pLro _o for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street sections, street trees, minimum front yard building setbacks, neighborhood park and open spaces substantially as depicted and described on the exhibits entitled, "North Landing Conceptual Master Plan Virginia Beach, Virginia" dated September 25, 2021, "North Landing Signage and Lighting Virginia Beach, Virginia", dated September 25, 2021, and "North Landing Conceptual Play Area Plan, Virginia Beach, Virginia". dated September 25, 2021, prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (lie reinafter collectively, the "Conceptual Subdivision Plans" ). 2. When the Property is developed, it will be subdivided into no more than seven (7) single family residential Building lots. The seven (7) new homes will be built with a crawispace 2 or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area. The home constructed on Lot 1 as designated on the Conceptual Subdivision Plan shall have its front entry facing North Landing Road with the architectural features and exterior building materials substantially as depicted on the elevation exhibit designated "NORTH LANDING", page "A2", dated 09/25/2021, prepared by Land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Home Elevations for Lot 1"). The home constructer! on Lot 1 shali have a side loading 2-car garage facing the cul-de-sac. The homes on Lots 2 through 7 as designated on the Conceptual Subdivision Plans shall have the architectural features and a two (2) car garage substantially as depicted on the Exhibits labeled "NORTH LANDING", page "A3", "NORTH LANDING", page "A4" and "NORTH LANDING", page "AS" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively "Home Elevations For Lots 2 through 7"). The exteriorbuiIding materials on the homes on Lots 1 through 7 shall be chosen from those pallets approved by the Virginia Beach Historical Review Board with its Certificate of Appropriateness, in combinations that shall be submitted to, reviewed by and approved by the Board. 3. When the Property is developed, the party of the first part shall record a Declaration submitting the building Lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining the community park, all open spaces, common areas, vegetated buffer easement, entrance feature signage and other improvements, including the trail upon the Open Space Parcel, to be deeded to the Home Owners' Association, on the Property as depicted on the Conceptual Subdivision Plan. 4. The stormwater management plan for the subdivision submitted to the Development Services Center (DSQ shall be in substantial conformance with the preliminary stormwater analysis. 5. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals 3 such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to Instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions ma_v be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 VVITNES5 the following signature and seal: Grantor: Ashdon Builders 1, LLC, a Virginia limited liability company BrEA Q William 9. Cross, anaging Member STATE OF VIRGINIA CITY OF c �°' f ' t -'&t: The foregoing instrument was acknowledged before me this_oraday of September, 2021, by William B. Cross, Managing Member of Ashdon Builders 1, LLD, a Virginia limited liability company, Grantor_ F)A- (1h, lip, 74UOry Public My Commission Expires: r Robln Hirsh 1 Notary Registration Number: Cvmmonwaakh of Vlr irla g A }' NcKary Puhi+c COMMissmfl No 1929a8 ��p� .; PAyE�7mmissanExpi�e� 713ir� WITNESS the following signatures and seals: Grantor: i (SEAL) a Lee _(SEAL) Ta nmy Iee STATE OF MffH_ G+ "/COUNTY OF VA LZ - to -wit: The foregoing instrument was acknowledged before me th.Js day of � ►� 2021, by David Lee and Tammy Lei, hu; band and wife, Grantor. s Notary �Pubftc�� MyCommissicn Expires!_ 157-a7-2�P� Notary Registration Number: ^ C t5OWE000 84' EXHIBIT "A" ALL THAT certain Iot, piece or parcel of land with improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, known as 4.3 acres as shown an the "Survey of Property of Benjamin C. McCleskey and Mary J. McCleskey " which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 75, at Page 27. GPIN! 1494-80-4893-0000 H:�AM\--Conditional Rexoning\Ashdon Builders\2487 North Lan ding`ProfferAgreementdocx 7 Virginia Beach Planning Commission May 11, 2022. Public Meeting Agenda Item # 2 Ashdon Builders 1, LLC [Applicant] David & Tammy Lee (Property Owners] Conditional Rezoning (AG-1 & AG-2 Agricultural District to Conditional R-7. Residential District) Address: 2487 North Landing Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk - Our next agenda item is agenda item number two. Ashton Builders One LLC. An application for Conditional Rezoning AG -1 and AG- 2 Agricultural Districts, to Conditional R-7.5 Residential District on property located at 2487 North Landing Road in District 2, formerly the Princess Anne District. Eddie Bourdon: Chairman, members of the Commission, Eddie Bourdon Virginia Beach attorney representing Ashton Builders One LLC. Barry and Jenny Cross were here but i advised them this was on the consent agenda. And Jenny took advantage of that and made Barry buy our lunch over at Heirloom. So this is, as very thoroughly explained to the Commission in the informal this morning, This is a project that's been thoroughly vetted and recommended by the Historic Review Board, which for their part of this, not your part and the Transition Area, ITA Committee, it is a small, infill property. Our open space joins the open space for, I think it's West Neck Commons, the neighborhood off of West Neck. We have the elementary school on one side, and we have Dr. Watson's future animal hospital on the other. The density we've got residential across the street. We've got commercial across the street. Eddie Bourdon: it's in the Courthouse Village, if you want to call it that, but it's also in historic area. That's why I went to Historic Review Board. There that one little issue with the curb that's in this public right of way. That's just in, that's not on Dr. Watson's property at all, but it's in the right of way, slightly in front of the corner of his property. His property already has its proffered access, which just isn't it. And we've agreed to, if these houses are started to be constructed before the animal hospital, will put everybody on notice who wants to buy a house of that corning. Eddie Bourdon: My suspicion is it'll be the other way around, but we've agreed to that. And. Les Watson, his attorney has agreed that he'll give us the letter that staff says they need. So it's a great inflll. It's not, it's less dense than what was recently approved on this property, on what was approved a number of years ago across the street and a little bit to the west and a couple other ones in the same village. It's the lowest one density wise. it's been approved. I'm not aware of what the opposition is. S❑ I will sit down and ask the opportunity to rebut since this was on the consent agenda. Commissioner Wall: Okay. Thank you. Are there any questions for Mr. Bourdon? Eddie Bourdon. - Thank you. Madam Clerk: Mr. Chairman. We have one speaker, Sandra Shinabarger. Commissioner. Wail; Okay, please do. You've got, you need three minutes. And when the yellow light blinks, then it's warning and then the red, you know, it's... Sandra Shinabarger Thank you. I didn't hear Commissioner Wall- Please- Could you please state your name for the record, Sandra Shinabarger: Oh, I'm Sandra Shinabarger. Commissioner Wall: Okay. Sandra Shinabarger: I'm and Cm, well I oppose this rezoning? l didn't hear any mention of the Virginia Marine Resources Commission or the Virginia Beach Wetlands Board vetting this item. Are they even aware of this? I wanted to mention that, oh, several things. Removing trees is a smog threat. This is also a threat to the $567 million flood bond that became necessary, a necessary expense on the people due to approving so many items like this one. And my understanding is that this property is a wetland. I also wanted to remind the board of the Virginia Wetlands Act initially adopted in 1972. It's supposed to recognize the environmental value of tidal wetlands and establishes a permitting system for their protection. And 1, oh gosh, i can go on and on. I'm going to flip through to the part where it says that boards shall preserve and prevent the defoliation and destruction of wetlands while accommodating necessary academic development in a manner consistent with the wetlands preservation and any standard set by the Commonwealth. Sandra Shinabarger: In addition to those identified in section 28.2-1308, to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards. I'll stop there. Also, my understanding is that West Neck Creek has water contamination. It's already listed as critically impaired and oh, I could. 1 don't know if 1 can fit all this in my three minutes, but okay. So I cut through that. One of the neighbors texted me and feels that it's creating, this is contaminating water sources. Apparently there are wells out there and that the city can't access that because it's below the green line. It's possibly creating a public nuisance. Maybe they can reduce the home. Maybe make them only build like two or three instead of seven. ! just think, I just wanted to remind the board, just all city planners to just be more careful with the number of trees we are removing and causing flooding and creating expensive problems for the taxpayers. l think that's all I had. Thank you so much. Mr. Wall: Okay. Thank you. Are there any questions for the speaker? Okay. All right, Are there any other speakers? Madam Clerk: No. Mr. Chairman, no more speakers_ Mr. Wall' Okay. Eddie Bourdon - Mr. Chairman, Ms, Shinabarger, I may be mispronouncing the name. I didn't mention that this has been in process for two years. We have been through the city's storm water policy, requirements, running the models, et cetera, et cetera. The models show that this will meet the current storm water requirements. And that is a condition of its ultimate developability. There has also been a wetlands review. Firstly, there's no tidal wetlands involved. There's been a wetlands delineation and determination by the core of engineers on the property. We're not disturbing anything other than some very minor encroachments that have been permitted or will be permitted with rezoning. So it is, it's got the 50% open space and it is not a storm water threat or a flooding threat and will not be based on our one and a half feet of sea level rise, et cetera. So I'd be happy to answer any questions. Mr. Wall: Okay. Are there any questions for Mr. Bourdon? Mr. Wall. I've got a couple questions, So, you're not impacting or any wetlands? I'm sorry. Mr. Wall: Are you impacting wetlands, did you say you're not? Eddie Bourdon: It's been a determination from the issue from the core and there are, there's a small, little ditch scenario, but nothing, but that's nothing that's just nothing that they haven't already permitted. I►►d'iL►RUll And what about preservation of in your existing material landscaping? like any trees, any. because it looks like the park there and then the fringe around the edge of the property, it looks like that's going to preserve many trees. Eddie Bourdon: Yeah, we certainly are going to preserve and, or plant depending upon the circumstances, because again, until the final plans are approved through the site plan again, it's been shown that we can meet the requirements, but the final detailed engineering isn't complete. So there may certainly, we're not going to take any trees down that we don't have to take down, but you still have to create the drainage that will work to meet the requirements of the ordinances. Mr. Wail: Okay. Thank you. Eddie Bourdon: But we certainly, we want to keep as much and we hope to keep some trees on some of the lots, especially the first two that have a little bit of depth to them. Mr. Wall: Okay. Any other questions? Okay. Thank you. Eddie Bourdon: Thank you. Mr. Wall' All right. Going to, Mr. Bradley: You ready for question? Mr. Wall: Yes. Yeah. I'm going to close and open up for discussion among planning questions - Mr. Bradley: Mr. Chair, I just reiterate some of the discussion that we had this morning. This area of the city is kind of a sensitive area from the planning standpoint. There're several plans that come together and I want the speaker to be rest assured that there's been several committees that have looked at this development. Historical Review Board has looked at it to ensure its appropriateness for this area. Density is a big issue in this part of the city, the Transition Area we like to have one per acre, but as it gets closer to the municipal center, it's a touch denser. This is still the least dense or one of the least dense in this area of residents. Residential areas that have been approved. Storm water is a big issue for the city and this will have to work with our storm water regulation. So if there's no further discussion, I'd like to make a motion to approve it. Mr. Weiner: Second. Mr. Wall: Okay. Then I guess, does anybody have anything else? Ms. Klein: The staff report says that there's no increase in flooding for 100 year storm based on the storm water compliance evaluation. Mr. Wall: Okay Great. Anybody else? All right. Now I'm going to support the application, so all right. Well we have a motion by Mr. Bradley and a second by Mr. Redmond? Mr. Bradley. Weiner. Mr. Redmond. - Weiner! Okay. Mr. Weiner. Okay. Madam Clerk: Thank you. The vote is open. By recorded vote of 10 in favor, zero against agenda item number 2 has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT 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." C§107(h)(1)). Shou#d this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street sections, street trees, minimum front yard building setbacks. neighborhood park and open spaces substantially as depicted and described on the exhibits entitled, "North Landing Conceptual Master Plan Virginia Beach, Virginia" dated September 25, 2021, "North Landing Signage and Lighting Virginia Beach, Virginia", dated September 25, 2021, and "North Landing Conceptual Play Area Plan, Virginia Beach, Virginia dated September 25, 2021, prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the "Conceptual Subdivision Plans"), Proffer 2. When the Property is developed, it will be subdivided into no more than seven (7) single family residential building lots. The seven (7) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area. The home constructed on Lot 1 as designated on the Conceptual Subdivision Plan shall have its front entry facing North Landing Road with the architectural features and exterior building materials substantially as depicted on the elevation exhibit designated "NORTH LANDING". page "A2 dated 09/25/2021, prepared by land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Home Elevations for Lot 1 "). The home constructed on Lot 1 shall have a side loading 2-car garage facing the cul-de-sac. The homes on Lots 2 through 7 as designated on the Conceptual Subdivision Plans shall have the architectural features and a two (2) car garage substantially as depicted on the Exhibits labeled "NORTH LANDING", page "AT', "NORTH LANDING', page "A4' and 'NORTH LANDING'. page "A5" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively "Home Elevations for Lots 2 through 7") . The exterior building materials on the homes on Lots 21 through 7 shall be chosen from those pallets approved by the Virginia Beach Historical Review Board with its Certificate of Appropriateness, in combinations that shall be submitted to, reviewed by and approved by the Board. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the building Lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining the community park, all open spaces, common areas, vegetated buffer easement, entrance feature signage and other improvements, including the trail upon the Open Space Parcel, to be deeded to the Horne Owners' Association, on the Property as depicted on the Conceptual Subdivision Plan. Proffer 4: Tlie final stormwater management plan far the subdivision submitted to the Development Services Center (DSC) small be in substantial conformance with the preliminary stormwater analysis. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements, Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorneys Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. r rr i r ■, i r � � r � 2 i�n .per �r yr `°srocwn'n w' wre t r.V14 MIN !jm) MODIFIED 4a' RIW SECTION WITH WALK ON ONE SIDE w.bW Made: t■phr Pofes wVN be provided in ffm ROW during &W vfe Mao ® [.Vfi1 R�rrn w V11m yKy[L wuaavw +m rw ac y(�7i[C�FX7 ❑ 1n nr.w14 r nr.ns ru i 1 I North Landing Conceptual Master Plan Virginia Beach, Virginia September 25, 2021 SITE DATA: GPIN: 14K8D40930000 Gxrem Zoning: AGV & A02 f v&%y DiatrU Historic & Cuaural, Tran When Area ToW She Area. 4.2056 a-c- Pro�oeed ZorNr R-7.5 in La! Areg: 7.5W e-f. ~ hWn Lot Widthi 75 Fronl Setbpck- � ` from North Landing: 301 From Intemal Road: W (Variance requested for 25� Side Setback: S 8 10' Rear Selback• 20 ` Total Lars Proposed: 7 Cpan Space Provided: +V- 2-2 a.c. or +1. 52% (ndudht9.l-0.07 a. C. pOnd1 f % L O 41 rao ff C r J � -� -k North Landing CenceptPal Play Area Plan Virginia Beach, Virginia WrdFRAL September 25, 2021 Pow LeaaWD ses OR • o ° Tree Swing LM ,CAM CA Blow k" i .. Crawt ,, rim IN ------------ p � 0R .. 01 - ❑ - q R A=18 R7.5 OR R2.5 0 3g 0R n R20 R5D� VA R7.5 �R N ® site Maegan Cahoon W-*I., Property Polygons 4005 Atlantic Avenue, Unit 108 s Zoning 0 Building Feet 0 55110 220 330 440 550 660 ,I Topk�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MAEGAN CAHOON (Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 108 (GPIN 24280514483820). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: June 7, 2022 ■ Background: The applicant is requesting a Conditional Use Permit to operate a one -bedroom, 300 square -foot Short Term Rental within the Oceans II Condominiums development along Atlantic Avenue at the northern terminus of the Boardwalk. Constructed in 1976, the structure sits on a 14,500 square -foot parcel. The parcel is zoned OR - Oceanfront Resort and is within the boundaries of the Oceanfront Resort Short Term Rental Overlay District. The parcel is bounded by the Beach and Atlantic Ocean to the east, the 40th Street Connector Park to the south, and Atlantic Avenue to the west, with an adjacent multi -family property to the north. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi -family dwellings, hotels, commercial offices, commercial retail, and other resort -oriented uses. ■ Considerations: The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort -oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed -use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There are two nearby off -site parking lots dedicated to Oceans II Condominiums, as shown on the Parking Plan provided in this report. Space #3 in Lot 1 is assigned to Unit 108, therefore fulfilling the parking requirement. While the required parking space is off -site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Maegan Cahoon Page 2 of 4 Staff received one letter of opposition from neighbors. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. ■ Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0. to recommend approval of this request, with 1 abstention. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 108. 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, 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 Maegan Cahoon Page 3of4 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. 1 ❑. 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 Snort 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 snail include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and Maegan Cahoon Page 4 of 4 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 snail 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 Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r City Manager: - r Applicant & Property Owner: Maegan Cahoon Agenda Item Planning Commission Public Hearing: May 11, 2022 City Council District: District 6, formerly Beach 15 1 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Levi Anthony Luckenbach Location 4005 At la ntic Aven u e, Unit 108 GPIN 24280514483820 Site Size 14,500 square feet Existing Land Use and Zoning District Multi -Family Dwellings 1 OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi -Family Dwellings 1 OR Oceanfront Resort South 40th Street (Pedestrian Street) Commercial, Hotel / OR Oceanfront Resort East Atlantic Ocean Beach West Atlantic Avenue Multi -Family Dwellings / OR Oceanfront Resort 1� o V 451, 5t� yyln suet IvT d1K r— i•J or Maegan Cahoon Agenda Item 15 Page 1 Site Conditions and History This 300 square -foot unit is located within an existing 42-unit condominium and the property is zoned OR Oceanfront Resort. • According to City records, this one -bedroom condominium was constructed in 1976. • Staff inspected the site on April 20, 2022 to observe site conditions and take photographs for this report. On -street parking is not permitted on this portion of Atlantic Avenue. • There are no past violations for Short Term Rental use at this property. • 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 April 18, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No October 2021 Yes Short Term Rentals in the Vicinity 4gth Street. A3rd Hag3rd Street P, ;l , Cavalier 1y� 1 Maegan Cahoon Agenda Item 15 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one -bedroom, 300 square -foot Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and section 2300 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 ■ Number of parking spaces required (1 space per bedroom required) ■ Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP (Short Term Rental) Approved 03/01/2022 CUP (Short Term Rental) Approved 11/17/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 02/04/2020 AppltCation lypes CUP -Conditional Use Permit MDC- Modification of Conditions STC - Street Closure SVR -Subdivision Variance REZ- Rezoning MUP-Mod&cation ofProffers FVR- FloodplainVariance LUP-Land Use Plan CRZ- Con ditionalRezoning NON - Nonconformin Use ALT- AlternativeCompliance STR-Short Term Rental The applicant is requesting a Conditionai Use Permit to ❑perate a one -bedroom, 300 square -foot Short Term Rental unit within the Oceans II Condominiums development along Atlantic Avenue at the northern terminus of the Boardwalk. Being within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. 4005 Atlantic Avenue, Unit 108 was constructed in 1476. The unit shares the parcel with other condominium units in the building, many of which have received approvals for Short Term Rental Conditional Use Permits and subsequent Short Term Rental Zoning Permits. The parcel is bounded by the Beach and Atlantic Ocean to the east, the 401h Street Connector Park to the south, and Atlantic Avenue to the west, with an adjacent multi -family property to the north. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi -family dwellings, commercial retail, resort hotels, mixed -use buildings, and other resort -oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort - oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed -use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more Maegan Cahoon Agenda Item 15 Page 3 walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There are two nearby off -site parking lots dedicated to Oceans II Condominiums, as shown on the Parking Plan provided in this report. Space #3 in Lot 1 is assigned to Unit 108, therefore fulfilling the parking requirement. While the required parking space is off -site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 108, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearty) Short Term Rental 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. 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- S. 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 its the selier'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. Maegan Cahoon Agenda Item 15 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 an 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 10A0 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight lodgers") shali 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, shali provide to the City Planning Department permission to inspect the Short Term Rentat 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 onty 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 Tenn 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 sire plan submitted with this application may require revision during detailed site plop 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 Plonning / Permits and Inspections Division, and the issuance of a Certificare of Occupancy, are required before any approvals allowed by this application are valid. Maegan Cahoon Agenda Item 15 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department far crime prevention techniques and Crime Prevention Through Environmental Design (CPTFD) concepts and strategies as they pertain to this site. Planning Commission • One fetter of opposition has been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 11, 2022. • As required by State Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, April 24, 2022, and May 1, 2022. ■ As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. • 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 May 5, 2022. City Council • As required by City Code, this item was advertised in the Virginian -Pilot Beacon on Sundays, May 22, 2022 and May 29, 2022. • 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 May 23, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of htt ps: //www.vbgov. co m/government/departments/city-clerk/city-cou nci I/Doc u m e nts/ Bookm a rked Agend a. pdf on June 3, 2022. Maegan Cahoon Agenda Item 15 Page 6 Maegan Cahoon Agenda Item 15 Page 7 416 �J Maegan Cahoon Agenda item 15 Page 8 Maegan Cahoon Agenda item 15 Page 9 Disclosure Statement 1.' M i'.�.a. ?n• - Rftilll� �[ �U[Ili7iLinhi The disclosures contained in this for m are necessary to inform PLO bit officiary who may vote on the application as to whether they have a cnnflict of interest under Virginia law. The completion and submission of this form is requlred for all applications that pertain to Crty real estate matters or to the development and/or use of property in the City of Virginia Beach regviol Prig action by the City Council or a City board, commission or of her body. Applicant Diseiosurg Applicant Name Dora the applicant hart a rapresentatlrei 11 yes VNO If yes, list the name of the representative Is the apptkant a corporation, partnership, firm, business, trust or an uifntornorated business? G Yes XNo . If yes, Int the names of al- officers, directors. nreryibers, trustees. et[ be tow IArta.h a gist .f r,ecessaryI a hf VIM list tht bOlnRtM VW hWe a parwd-subsldlary' Or afflRatld bvsowA entrtj relationship with the applicant f AttaCh a Rat if necessary] ' `Pa►ent-subsidiary reiationsfwp' means "a relationship that exists when rune Corporation directly of indirectly owns shares PMeSsintnWe than 50 percent of the voting power a' another corporation.' See State and Loral Govemment Conflict of Interests Act, VA. C*de 112.2-3101 ' `Affitraled business ent;ty relationship" means 'a Pre lationsMp, other than parent sutnidiary relationshiy, that e>'ists when (I) one business entity has a controlling ownership interest in the other business entity. (ii) a contrnling owner n one entity is aisei a comroiling owner in the other entity, or lelij there is shared management or controf between the tuvneys entities. Factors that should be considered in delermining the exist&" of an affiliated business entity relationship include that the same person a substant.aily the same person own of manage file twa entities; there are comrnpn or commingled funds or assets; the business entil*s Vmf(- the use of the same offices or employes of otherw,se share a[tiWftieS, resources o• personnei On a regular bases: or thefe is otherwlse a rinse working relationship between the entities' Sec State and Ldcal Government Conflict of interests Act, Va code 6 2.2.310L Revised 11.097010 IIPagr M aega n Cahoon Agenda Item 15 Page 10 Disclosure Statement w �fl11I]1LIg � Known Interest by Public oftial or Employee Does an official of employee or the faty of Virginia Bead+ have an nte•est in the subject land or any proposed devtk menz Contingent on the wt)fect public action? ❑ Yes tA No ■ If yes, what is the name of the offival or employer ar.d carat is the sal, re of the interest? APM.�i5M- i es alselosure I. floes the applicant have any e><" finandrig {rrsortaage, deeds of trust, sroys tpllateralitaHon, etcl or are they considering any financing In cOnned; On with the S, A)CCt ❑r the aaptic at ion or any business operating Of to f7P Operated cn the pr001.11} 71 Yes x No i} yes, Wertlfy the financial inatrtut,ons provrding the sefwce 2. Does the applicant have a—) estate bs^oker/a,ent/reaft*r for curtest and anxiPated future sales of the subfrrt property? ❑ Yes X No • If Yes, rgettt N the company and indrMuaI providing the servke 3. Does the applicant have services for W'« PIFINPHUM d# tM qdWR F H Ild A In Connection with the subject of the application or any business operaVng of to be operated on the property? ❑ VMS KMp • If yeti, identify the firm and individual peovsding the service 4. Does the applicant have servkes from an architaetltasdscape architacVUW planner provided in connect,,jn wits the srrblrrt of the application nr any business operating or to be operated on the property') ❑ Yes !'.f'f 0 • If ye; identify the firm and individual providing the servirn 5. is there any other pending or proposed purchase of the subject property? ❑ Yes Milo ■ If yes identify rhP purchase, and purchaser's Servke providers RnrSed II.09.2020 i I r a g P Maegan Cahoon Agenda Item 15 Page 11 Disclosure Statement fi bers the applicant have a constructkm contrackv in connection with the subject of tfke application or any Wsiness operating or to be ooei ated on the propertyl ❑ Yes X NO • If yes, idtmtity the cvmpanry and irdividuai providing the service. 7 Dlle5 The appl•C ant have an 5 10 W r/SisrVe7 r/agerlt In eonneMn with the su bfed of the application of any busi rws5 operating ot to be operated on the property? 0 Yes Aft If yes, identify the firm and individual Fwov" the serAM, R is the applicant receMng IWO services in connedlon vAh dWStlb)M Of the apWKat+Oq or any business operat:ng or to be operated on the property? 0 Y*S KNO if yes, adenttfy the fwm and individual pfovidmg the srrAM, Applicant 5 natur certity that aIF of the tnftxmation Contained in this atsclosure Statement Form is cornplete, true, and dCCurdtr I unnerstand that upon receV of notification that the application has been setwduled for public hearing I am responsible for updating the information provided herein two, wreks prior to the meedrtg of Mannksg CommissfOn, GtY CauncM, VBPA, CISPA, Wetlands Board or any public body or tommin ea In=resaction with Ms applcatian. 1 Few Madta and IIlaw ay 11 - M. 1012- Date IS the applicant also the owner of the subject property? Y1Tes L-1 NO a If Yes, you do not need to fill out the ownef d sclosure statement OR r 05/24/2022 Levi Anthony Luckenbach Revved II.0910.V 3 i f k i Maegan Cahoon Agenda Item 15 Page 12 ■ 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. Maegan Cahoon Agenda Item 15 Page 13 STIR VICINITY MAP MAEGAN GAHOON 'eel. a►�� et d We �y ay r i r a _ Short Term Rentalsf= STR Permits CUP Status. APProved t ti 1 Denied �.. Under Review ��. Virginia Beach Planning Commission May 11, 2422, Public Meeting Agenda Item # 15 Maegan Cahoon [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) Address: 4005 Atlantic Avenue, Unit 108 RECOMMENDED FOR APPROVAL — CONSENT Chairman Wall: Okay. Thank you. The next order of business is the consent agenda, and I'm going to turn that over to the vice chair to run that portion of the meeting. Commissioner Alcaraz: All right. Thank you. Madam Clerk: Excuse me, Mr. Alcaraz, agenda item number two, we now have a speaker for, so it needs to come o€€ consent. Commissioner Alcaraz: Thank you. All right, I'll continue. So Mr. Chair, thank you. We have now eight items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission has concurred and there are no speakers signed up in opposition. The first item is item number four, and that's BT Holdings, LLC for Modifications of Proffers parcel of the southeast corner of Dam Neck Road and Harpers Road, is a representative here today? Eddie Bourdon: Thank you, Mr. Vice Chair. For the record, Eddie Bourdon, Virginia Beach attorney representing BT holdings, LLC, BT Holdings III LLC. And, we appreciate this item being placed on the consent agenda. Commissioner Alcaraz: Thank you. Eddie Bourdon Thank you. Commissioner Alcaraz: is there any opposition to this item being placed on the consent agenda? Hearing none for item four. 1 have Commissioner. I'm sorry. I got sidetracked on who's doing that one. Chairman Wall: Redmond. Commissioner Alcaraz. Mr. Redmond. Commissioner Redmond. Thank you, Mr. Vice Chairman. This is an application by ST Holdings III LLC, for a Modification of Proffers to remove the previous Conditional Rezoning action on a 28.74 acre portion of a much larger 160, well almost 161 acre parcel. This is related to a larger application, which will, which follows it on the agenda. However, and is much more consequential, very obviously. However, the vacating this, this current Conditional Rezoning on this property is not particularly difficult or controversial in any way. And, so there really was no need for us to hear it. We have therefore for housekeeping purposes placed it on consent. Thank you, Mr. Chairman. Commissioner Alcaraz. All right. The next item on consent is items number eight and nine together. Is there a representative here today to speak on this item? Eddie Bourdon: Thank you, Mr. Vice chair. Again, Eddie Bourdon Virginia Beach attomey representing Reed Enterprises and Liberty Transmission. First of all, I want to thank Elizabeth Nowak for her work on these applications. And, I want to indicate that all 11 conditions recommended with the use permit are acceptable to the applicants and we appreciate being on the consent agenda. Thank you. Commissioner Alcaraz: All right. Thank you. Is there any opposition to items eight and nine being placed on the consent agenda? Hearing none, I've asked Commissioner Horsley to speak on this item. Commissioner Horsley: Thank you. The request is for Modification of Proffers, this property, is to amend the proffered site plan, the building elevations and uses on the site. The site was originally, in 2513, approved for automobile repair garage and bulk storage yard. So we're trying to amend the conditions so that we can eliminate the bulk storage yard and have a conditional use permit from Liberty Transmission and Auto Care, in place of the auto repair garage. It's been very attractive renderings put there, it's half the footprint that was originally approved. So, s❑ storm water should be a whole lot easier on the property. We didn't have any objections and staff had put their stamp of approval on it. So we placed it on a consent agenda. Thank you. Commissioner Alcaraz: Thank you. The next item is agenda item number 10. Autobell Car Wash, LLC for car wash facility at 4577 South Plaza Trail, is your representative here today. Hi. Danielle ❑anzing: Hi, good afternoon Commissioners. My name is Danielle Danzing with Kimley Horn. I'm here representing Autobell Car Wash today. Business address 4525 Main Street, Virginia Beach, Virginia. We have reviewed the conditions with the applicant and are acceptable with all conditions. Commissioner Alcaraz: Thanks, let's see. is there any opposition to this item being placed on the consent agenda? Commissioner Alcaraz: Hearing none. I've asked Commissioner Wiener to read this into the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is an application For a Conditional Use Permit for car wash. The applicants are requesting a Conditional Use Permit to develop an Autobell Car Wash facility on an out parcel shopping center. The site frontage of South Plaza Trail, and like the rest of the shopping center is zoned B2 Community Business. There is an existing commercial retail building located on the subject out parcel and AutoZone store. The applicant plans are to redevelop a new car wash facility on the same lot as existing building. They have no plans to subdivide the out parcel that's part of this project. That is on the consent agenda. We recommend approval and put on consent agenda. Commissioner Alcaraz: Thank you. The next item is agenda item number 13, and that is T-Mobile for Modification of Conditions for communications tower at 5642 Campus Drive. Is there a representative today to speak for this? Please come forward, Mr. Forehand: Afternoon, commissioner. C E. Forehand for T-Motile. We are basically just upgrading an existing site and putting new equipment, converting it over from sprint equipment to T-Mobile equipment and no issues with current conditions. And, I'II be here for any questions from anybody. Commissioner Alcaraz' Thank you. is there any opposition to this item being placed on the consent agenda? Hearing none. f asked Commissioner Cuellar to speak on this. Commissioner Cuellar: Thank you. The applicant T•Mobile is requesting a Modification of Conditions. It's the communication tower height expansion. According to the applicant, the tower height was increased from 105 feet to 150 feet after the merger of Sprint Communications and T-Moblle. During this time. it was believed that only the lease holder's approval, Dominion Energy, was needed to build new lines or construct on an existing Dominion tower. The applicant came to us and now seeks to rectify the oversight by modifying condition two of the 2006 Conditional Use Permit to increase the permitted height from 105 feet to 150 feet. Being that there is no objection, the Commission recommends approval for the consent agenda. Commissioner Alcaraz: Thank you. The next item on consent is item number 14 for Suite Management facilities, I mean Suite Management Franchising LLC for a tattoo parlor at 551 First Colonial Road, Suite 23 C. is there a representative here today? State your name. Please. Angeta Silvas: Hi, my name is Angela Silvas and I'm here requesting a permit to have individuals come in to have businesses, and they are going to be able to apply permanent makeup {mown as microblading within the building. And this is going to umbrella over individuals that have their own businesses. Commissioner Alcaraz: Are the conditions acceptable to you? Angela Silvas: I'm sorry. Commissioner Alcaraz: Are the conditions acceptable to you on this. Angela Silvas: Yes. Commissioner Alcaraz: Thank you. You may be seated, Jeff Spatz: Jest Spattz here on behalf of the landlord to assist and approve and support in their motion. Commissioner Atcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none I've asked Commissioner Klein to speak on this. Commissioner Klein: The applicant is requesting a Conditional Use Permit in order to operate a tattoo parlor specifically for microblading, which is the application of permanent makeup, within an existing 6,120 square foot salon. The unit is located within the Hi111op Square Shopping Center along First Colonial Road and Donna Drive on property zone B2 Community Business District. Microblading wild take place in 36 separate suites within the salon, each rented out by a cosmetic professional. Staff supports the application and the Commission recommends approval. Commissioner Alcaraz. Thank you. The next item for consent is item number 15, and that is for Maegan Calhoon, a short term rental at 4005 Atlantic Avenue, Unit 108, please come forward, State your name please. Maegan Calhoon- Megan Calhoun. Commissioner Alcaraz: Do you accept the conditions? Maegan Calhoon: Yes. Commissioner Alcaraz: Thank you may be seated. Is there any opposition to items 15 being on the consent agenda? Hearing none, Mr. Weiner, if you could speak on this. Weiner: Yes. Thank you. Mr. Alcaraz, this is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 108 that's on the OR district, and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. And the last item that we have on the consent agenda is item number 17. Item number 17 for Georgi Stoyanov at a short term rental at 4005 Atlantic Avenue, Unit 115. please come forward. Madam Clerk: Mr. Alcaraz. Mr. Stoyanov is virtual. he's on WebEx. S❑ calling Georgie Stoyanov, if you would please pause for two to three seconds while we unmute your audio feed, and then state your name and whether the conditions applied to your application are acceptable. Georgie: Georgie Stoyanov Acceptable. Commissioner Alcaraz: Is there any opposition to this item being placed on the consent agenda? Nearing none, I asked Mr. Weiner again to speak on this item. Commissioner Weiner. Thank you, Mr. Alcaraz. This is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 115, It is in the OR district and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. Madam Clerk: Mr. Alcaraz. I'm sorry, we now have a speaker in relation to application number four, so it needs to come off consent. Commissioner Alcaraz: Thank you. All right, Mr. Chair, that leaves the following on consent agenda, consent agenda number eight, number nine, number 10, number 13, number 14, number 15, and number 17 are all on consent agenda. Chairman Wall: Okay, thank you. ❑o t have a motion to approve by consent agenda items eight, nine, 10, 13, 14, 15, and 17. Commissioner Alcaraz: I'll make a motion to, Chairman Wail: Okay, Oh, we have a motion by Mr. Alcaraz. Do we have a second by Mr. - Commissioner Weiner, Second Chairman Wall: By Mr Weiner. Commissioner Redmond: Mr. Chairman? Chairman Wall: Yes. Commissioner Redmond: Mr. Chairman. I want to be clear that while I am supporting the items on the consent agenda, I am specifically abstaining with regard to items number 15 and 17 as they are short term rental applications. I have a letter ❑ri fife with city attomey's office. I have a client in the travel industry and I do not vote on short term rental applications or any of the ordinances that apply there, too. Thank you. Chairman Walk Okay, thank you. Madam Clerk Thank you, Mr. Chairman, the vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against agenda items, 8, 9, 10, 13, and 14 have been recommended for approval by consent. Agenda items, 15 and 17 by a vote of nine in favor, zero against, with one abstention by Commissioner Redmond, have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 108, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental 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)(J) of the City Zoning Ordinance or as approved by City Council. 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. 5. 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 ❑ne (1 } hour. 7 tf, 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 properly 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 y 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. m The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Ovemight 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 far 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 I Development Services Center and Department of Planning I 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 acid strategies as they pertain to this site. From: iimnora@aol.com <jirnnora@aoi,com> Sent: Monday, May 9, 2022 9:01 AM To: City Council <CITYCOUNCIL@vbgov.com.>; Ituckenbach@vbgov.corn; Hank Morrison <JMorrison@vbgo_v_.com> Subject: 4005 Atlantic Ave. Changed in 1974, to Condominiums, for permanent residents or vacation homes, to be enjoyed by the owner, owners family and owners guests through the owner, it was not intended for investors of multiples, or booking engines such as Ex... CAUTION, This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I'm writing this letter to oppose "ANY MORE" short term rentals at 4005 Atlantic Ave.. This is in reference to a public hearing regarding unit 108, &!115, Wednesday May 11, 2022. and 115. on May 17,2022, we're opposing the allowing of once again adding "another STR" at Oceans II, 4005 Atlantic Ave.. There are currently, out of 42 units in this building approximately 15 to 20 STR. some are operating legally while others are operating illegally. If the city of VB continues to allow, "any more" STRs you are allowing the owners and the units to be at risk for harm. Our building already has several violations and allowing for another STR' at this property only makes it more difficult to remedy the illegal STRs here, and adds another burden on the zoning department to work through the number of violations that are already on record, at this address, and it does not aid in helping the Zoning Department to isolate and remedy noncompliance STRs. We have a lack of security here at Oceans If. With the allowance of every applicant for a STR at this address you are opening up more and more opportunities for strangers to be on the property, at all hours. Along with lack of adequate security we do not have on site management, which leads to the opportunity of non compliance guests to roam and do what they want to at all hours of the day and night, putting others at risk for harm. Adding more STR only adds to the foot traffic on the property and questions of who is a guest and who is not. Oceans II not only has 42 units, which consists of wide open oceanfront units. wide open 2nd floor units, wide open third floor unite, wide open pool side units, wide open second floor units with a large back deck, wide open back of the building units, hidden hallway units, if one would want to sleep and keep warm there's always the hallway, or one could just go through the gate, which by the way, if there is a gate, there are no locks on them, all one has to do is pull up on the gate handle and one can roam anywhere they want to on the property. Oceans II also has a basement that half the time is wide open, a shed. open gated fenced dumpster back side, easy to climb, but why would one do that when you can just walk onto the property. As a matter of fact that is what people do all the time. They walk onto the beachfront lawn use the chaises, use the chaises on the second floor back deck. There's no limit to where owners, guests or just plain strangers can go on the property, at anytime of the day or night. And then of course there's another big factor that lends to the public roaming the property, we have a Restaurant on the property which is popular and brings the public in. Most of you on council probably have not been to Oceans 11 but maybe you have visited the Restaurant on the Property. if you have you probably know that there are no barriers to owner's units from the public. Owners have asked for adequate security but unfortunately it has not happened with current management and board. Which is why it is so important for City Council Members to stop allowing "More STR" please take this letter serious, it is not a joking matter. We have had people hiding in the basement. steeping on porch furniture which for some units are under the bathroom windrows, sleeping on the beachfront lawn and furniture. So, Please say "No"to More STR" it is a safety hazard! Harm waiting to happen, There are just too many strangers without proper security at this time. Please, you stopped STIR in the North End Neighborhood, we're their neighbors too, please stop it here. It has not always been this run over with STR since the property was turned into condos in 1974. We have owned our unit for over 20 years so we know what we're talking about. Yes we do own one unit that is legally a STIR, which we have always done for the 20 years we own just one unit, we also use it as a family, with our grandkids, and give days at times for charitable reasons, as we have for many years. What is happening now is not what we're about and not safe for this building. We have owners of units here that are family recipients of their condo. that has been handed down through their family as a vacation unit, which in 1974, 4005 Atlantic Ave. was changed into condominiums to be purchased as a residence. Now these permanent residence that have owned their condominiums for years are now being challenged with lack of enjoyment due to the continuance of STRs. Due to the current explosion of vacation rentals and large ownership such as Expedia & Booking.com, etc. We as owners are squeezed out of our little piece of heaven. and members of city council now, are what we need to help regain what Oceans II was changed to be in 1974 and what we bought into, it should not be allowed to be changed back to a hotel which is exactly what is happening. It's out of hand here and our building is not made for "continuing to add STRs'. Please we're relying on council to make a good judgement call. Come check out the building and see all of the places to hide and haw wide open and vulnerable our building and people are here. and remember we don't have any security to speak of or on site management, our gates do not have locks, our hallways and stairways do not have barriers to keep unauthorized people off the property or from getting to units. The explosion of STRs and their continuing allowance for more; on a small plot of land is causing our beloved Oceans II to loose it's intended landscape of owners and their families to frequent unknown strangers. and investors. Thank You, for your service and support. Concerned Owners of more than 20 years at 4005 Atlantic Ave., VB Sent from the all new AOL app for iOS Sent from the all new AOL app for iOS N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STOP INC. TAIITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. ADJORNMENT OPEN DIALOGUE Non -Agenda Items Each Speaker will be allowed 3 minutes Yeses♦��■taer.a►s�•��rtis•s��i�R•SK�S Iryou are physicsfly disabled orrlaaally Impaired and need assistance at this meeting, please call the. CITY CLERK'S OFFICE at 3854303 aasssssss�raas�:ssras►�rs The Agenda (including all backup documents) is available at hgps://www.vb og v.coMl ovemment/dgpartments/city-clerk/g ty-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 TCheiius(a_),vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in -person or virtually via WebEx, Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at bttps://vbgov.webex.com/vbgov/onstage/g.php?MTfD=e4fl e8b7bea4ebfl ed9ae995215935177 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m. on .tune 7, 2022. CITE' OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 05/17/2022 PAGE; 1 S3 AGENDA E ITEM # SUBJECT MOTION VOTE L B I f [7 W W U R E L J R T 1 O C A D N C O M O O L O C N Y L O N o U W S T H C E E M E S S E O E i H R Y B S S E R j N N L CITY COUNCIL BRIEFING A. Real Estate Assessor's Office Update Ronald Agnor, Real Estate Assessor II. CITY MANAGER'S BRIEFING A. FY2021-22 Interim Financial Update Letitia Shelton, Finance Director TV- CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y A Y Y Y V Y A :} l Vll A-E F. MINUTES I. FORMAL SESSION APPROVER 8-0 1 1 1 l l 1' Y A A 1 April 26, 2022 2• SPECIAL FORMAT. SESSION APPROVES) S-G l 1 1 1 1' }' 1 } A } April 26, 2022 3. INFORMAL and FORMAL SESSION APPROVED 8-0 1' 1 N' }' } 1 } 1 Y May 3, 2022 4. FORMAT. SESSION APPROVED 8-0 A Y May 10, 2022 5. SPECIAL FORMAL SESSION APPROVED 8-u l } Y Y 1 } }' 1 A :} 1 May 10, 2022 G. ;MAYOR'S PRESENTATIONS L 601'ANNIVERSARY AWARDS John Richard Logan Perry (Becky Livas will be accepting in honor of John Richard Logan Perry) Joseph & Jack Burroughs 2. LOVE FOR VB DEDICATION DAY RESOLUTION Audravette D. Jackson, Volunteer Resources and Resiliency Program Administrator 3, ASIAN AMERICAN AND PACIFIC ISLANDER MONTH RESOLUTION Chance Wilson, Founder & CEO, Binchmark, LLC Petula Moy, Asian American Alliance Organization 4, PROCLAMATION Sid "Pops" Pearl [Sandi Pearl will be accepting in honor of Sid "Pops" Pear[) ADD PROCLAMATION ON Public Works Week LI Hansen, Director -Public Works CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:0511712022 PAGE' 2 B E AGENDA R H ITEM H SUBJECT MOTION VOTE I. B 1-1 ❑ W W U R E L J R T 1 0 C A D N C O M 0 ❑ L 0 C N Y L 0 N 0 U W S T 171 C E E M E S S E 0 E 1 11 R Y B S S E R N N H. PUBLIC HEARINGS L MODIFY BOUNDARY OF THE HURD'S I SPEAKER COVE NEIGHBORHOOD DREDGINGr SPECIAL SERVICE DISTRICT (SSD) IA. Ordinance to MODIFY the boundary of Hurd's ADOPTED, BY 8-0 Y A Y l 1' Y Y ! 1 Cove Neighborhood Dredging Special Service CONSENT District (SSD) re remove seven properties and AUTHORIZE the REFUND of SSD Levies 12. Ordinances to AMEND City Code Sections: a. 6-30 re lisping on the northern section or the ADOPTED, AS 8-o Y Y Y N Y N' A 1 beach during resort season at Little [stand Park REVISED (Deferred from April 19, 2022) b. 10-1 re change polling locations for thelune ADOPTED. BY 8-0 2022 primary election: CONSENT Buckner Precinct to Rosemont Elementary School Trantwood Precinct to Trantwood Elementary School J.3. Ordinance to AUTHORIZE the acquisition of ADOPTED. BY 8-b Y A 1" 1 ! ! 1 A Y property in fee simple and acquisition of CONSENT temporary and permanent easements, either by agreement or condemnation re Elbow Road Extended Phase 11-C Project, CIP 0100159 (formerly CIP 92-124) J* Ordinance to AUTHORIZE and DIRECT the ADOPTED, BY 8-0 Y A 1 1' ! 1 A 7 City Manager to EXECUTE a Deed of Release CONSENT and Exchange re an Agricultural Reserve Program (ARP) land preservation easement located on land of Vanguard Landing, Inc. 15. Resolution to AUTHORIZE and DIRECT the ADOPTED. BY 9-0 1 Y l' 1' Y Y A N 1 City Manager to EXECUTE it Memorandumof CONSENT Agreement (MOA) to ESTABLISH and MAINTAIN the Virginia Beach Conservation Assistance Program between the City and V irginia Dare Soil and Water Conservation District J.b. Ordinance to APPROVE thesale ofa portion of ADOPTED, BY 7-0 A 1` Y 1' !" A N' t 1 Y Schaal Board property for the Ciry's West CONSENT B Neck Road Phase IV Project and ALLOW the ti School Board to retain the sale proceeds I A I N E D CITY OFVIRGINIA BEACH SUMMARY OF COUNCIL ACTtONS DATE: 05117/2022 PAGE: 3 B E AGENDA R 1-1 ITEM It SUBJECT MOTION VOTE B H G W W U R C L J R T 1 O C A D N C D M D O L O C N Y L O N O U W S T 11 C E E M E S S E G E I H R Y B S S E R N N 17. Resolution to APPROVE the issuance of ADOPTED, BY 7.0 Y A Y Y Y A Y Y A A Y Residential Care Facility Revenue Bonds up CONSENT B to S164-Million re Westminster -Canterbury S on Chesapeake Bay T A 1 I N E D L8. Ordinances to AUTHORIZE temporary encroachments into a portion of C ity-Owned: 4. Right-of-way known as Sandfiddler Road. ADOPTED 8-0 Y A Y Y Y Y Y Y A A Y adjacent to 2445 Sandfiddler Road re retain twelve (12) 4" wood pile posts (Deferred indefinitely from December7, 2021) DISTRICT 2 (Formerly District 7- Princess Anne) b. Property known as 2973 Heron Ridge Drive ADOPTED, 13Y 8-0 Y A Y Y Y Y Y Y A A Y and City Maintenance Easement, located at the CONSENT rear of 2937 Couples Courtre (2) bulkheads and a deck DISTRICT 2 (formerly District 7- Princess Anne) C. Property known as Treasure Canal, located at ADOPTED, BY 8-0 Y A Y Y 1 1 Y Y A A Y the rear of 2232 Windward Shore Drive re CONSENT construct and maintain a boat lift, wood dock, wood pier and 6 wood piles DISTRICT 8 (formerly District 8- Lynnhaven) J.9. Ordinance to DONATE forty Ballistic Vests to ADOPTED. BY 8.0 Y A Y Y Y l Y Y A A Y the Virginia Association ofChicfs or Police CONSENT and Foundation, lnc. J.Ip. Ordinance to increase APPROPRIATIONS by ADOPTED, BY 7-1 Y A Y Y Y Y N Y A N' S1.35-Million to the Fuels luternal Service CONSENT Fund and AUTHORIZE the City Manager to TRANSFER funds from the City Managers Pandemic Reserve for Fuel Costs to various departments J.11. Ordinances to APPROPRIATE- A B a. 520,907,617 from Federal and State Funding to ADOPTED, BY 7-0 Y A V Y Y Y Y 1 A Y FY2021-22 Schools Categorical Grants CONSENT T A Fund I N E D b. $450,000 in Revenue to die FY2021-22 ADOPTED, BY 8.0 Y A Y Y Y Y Y Y A A Y Department of the Virginia Aquarium Operating CONSENT Budget re additional expenditures related to Virginia Aquarium Gift Shop CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 05/ 1712022 PAG E: 4 i; AGENDA 1 1Z Ii ITEM k SUBJECT MOTION 1' Ck I B 11 b W W i R E L 1 R T 1 O A D N C 0 M O 0 L Y L O N 0 U W S I C E E M E S S E D jN 11 R Y B S S E R N K. 1. ATLANTIC DEVELOPMENTASSOCIATES, DEFERRED TO 8.11 Y A Y Y Y Y Y Y I A A Y LLC & WPL VENTURES, LLC for a Variance AUGUST 9, 2022, to Section 4.4(h) of the Subdivision Regulations re BY CONSENT subdivide two (2) lots at 111 73rd Street DISTRICT 6 (formerly District 5-Lynnhaven) .-o K,2. SACRED DAGGERS, LLC 1 PERCY LEE APPROVED/ A 1' 1' Y Y A A Y JONES JR. FAMILY TRUST for a Special CONDITIONED, Exception for Alternative Compliance re tattoo BY CONSENT parlor at 1705 Mediterranean Avenue DISTRICT 6 [Formerly District 6-Beach] K.3. RVII3, LLC for a Modification of Proffers to a APPROVED/ AS S-0 1 ! 1' Y Y A A Y Conditional Change of Zoning for a drive- PROFFERED, BY through only restaurant at 5453 Wesleyan Drive CONSENT DISTRICT 4 (formerly District 2-Kempsville) KA. BAKING IT CAKING IT. LLC / BRIANA APPROVED! 8-[] Y A 1 1 SMALL for a Conditional Use Permit re home CONDITIONED, occupation - commercial kitcheulhakery at BY CONSENT 4500 Hollingsworth Lane DISTRICT 2 (formerly District l- Centerville) K.S. ENTERPRISE LEASING CO. OF APPROVED/ 8-U Y A 1' Y 1 l l Y 1 1 � NORFOLK - RICHMOND, LLC I E T CONDITIONED, ENTERPRISES. LLC for a ConditionaLllie BY CONSENT Permit re motor vehicle rentals at 1112 Lynnhaven Parkway DISTRICT 3 (formerly District 3-Rose Hall) K.6, CAR SPA, INC / GENERAL BOOTIE APPROVED/ S U Y A 1' 7' 1 l 1 1 1' VENTURE GROUP, LLC for a Conditional CONDITIONED, Use Permit re car wash racility at the northeast BY CONSENT corner orGeneral Booth Boulevard & Prosperity Road DISTRICT 5 (rormerly District 6-Beach) K.7. NORA NIMLEY Cora Conditionpi Use Permit APPROVED/ 8.0 1 1 1 1 N Y 1' Y A A 1 re family day-care home at 1712 Moon Valley CONDITIONED, Drive DISTRICT 5 (formerly District 3-Rose BY CONSENT llali) K.13. WATERMAN SPIRITS, LLC / FESTIVAL, APPROVED/ 8.t) 1 ', ', Y A A LLC For a Conditional Use Permit re craft CONDITIONED, distillery at 712 Atlantic Avenue DISTRICTS BY CONSENT (formerly District 6-Beach) K.9. CHRISTOPHER & CATHLEEN SPRAUER APPROVED/ ti_13 1 A 1' Y Y Y Y Y A A Y far a Conditional Use Permit re short term CONDITIONED. rental at 2200 & 2202 Mediterranean Ave BY CONSENT DISTRICT 6 (formerly District "each) K.10. COASTAL ACCOMMODATIONS, LLC/ 22 APPROVED/ 9-0 Y 1 Y Y Y Y A A Y EAST NEPTUNE, LLC for a Condiwnal_Use CONDITIONED. Permit re short term rental at 410 22nd Street, BY CONSENT Unit B DISTRICT 6 (formerly District 6-Beach} K.1I. GEORGI STOYANOV for aC_onditional Use APPROVED/ 8-0 Y A Y Y Y Y Y Y A A 1' Permit re short term rental at 4005 Atlantic CONDITIONED. Avenue, Unit 115 DISTRICT 6 (formerly BY CONSENT ❑isirict 6-Brach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 05/17/2022 PAGE: 5 B E AGENDA ITEM 4 SUBJECT MOTI❑N VOTE L B H ❑ W W U R E L J R T 1 0 C A D N C ❑ M ❑ O 1. O C N Y L 0 N 0 U W S T H C E E M E S S E 0 E I I H R Y B S S E R N N K.12. Ordinance to AMEND Section 11 1 of the CZO DEFFERED TO 8-0 Y A Y 1' Y Y Y Y A A Y to ADD terms related to Energy Storage JULY 12. 2022, BY Facilities; Ordinance to ADD Section 225.02 to CONSENT the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the 1-1 and 1-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from April 5. 2022) L. APPOINTMENTS RESCHEDULED B Y C C} N S F N S i ti 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOAR OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOAR FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEAL BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMSSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD ARTS AND HUMANITIES COMMISSION Reappointed: S-0 1 1 r 1 Y Y Y A A Y Susan Crube Winship Tower 4 Year Term 7/1/2022 - 6/30/2026 BIKEWAYS AND TRAILS ADVISORY Reappointed; $•0 N A Y Y Y Y Y Y A A Y COMMITTEE Mark Horton 3 Year Term it 112022 - 6/30/2025 i CI TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 05/17/2022 PAGE: 6 B AGENDA E ITEM 0 SUBJECT MOTION VOTE L B 1-1 0 W W U R E L J R T 1 0 C A D N C 0 ht O O L 0 C N Y L 0 N O U W S T H C E E M E S S E O E 1 H R Y B S S E R I N N EASTERN VIRGINIA MEDICAL SCHOOL Reappointed: 8-(� 1 1 Y Y Y Y Y Y A A Y Phillip Hucles 3 Year Term 7/1/2022 - 6/30/2025 MINORITY BUSINESS COUNCIL Appointed: 8-0 1 1 1 1 1 Y Y Y A A Y 'Cara Janes 2 Year Term 6/1 /2022 - 5/31 /2024 SOCIAL SERVICES ADVISORY BOARD Reappointed: m l A Y 1 1 ! 1 A 1 l Jalana McCasland 4 Year Term 7/1/2022 - 6/30/2026 TIDEWATER COMMUNITY COLLEGE Reappointed: 1' Y Y Y Y ! _! ! Barry Brawn 4 Year Term 7/112022 - 6/3012026 CIDEWATER YOUTH SERVICES Reappointed- 8-0 !' ! 1 ! ` 1 !' ! A Y COMMISSION Olymphia Perkias 4 Year Term 711/2022 - 6/30/2026 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT T53 PM